### REGULAR MAIL Office ofthe ChiefCounsel Richard

## J. Durderi Attorney at Law 27987 Richmond Hill Road Conifer, Colorado 80433 616/901-6516 

### February 25, 2013

FAA Part 16 

### Airport Proceedings Docket AGC-610 

### Federal Aviation Administration 800 

### Independence Avenue, SW Washington, D.C. 20591 Re: FrankHinshaw, Skydiving School, Inc., d/b/a Skydive Hawaii andIslandSkydiving, L.L.C. DocketNo. 16-12-04. Dear 

### Sir or Madam: Enclosed for filing please find an original and three copies ofComplainants' Reply to The State ofHawaii's Response to Request For Additional Information in the captioned matter. One copy is unbound, as 

### requested by the FAA.

enc. cc: Glen I. 

### Kimura, Esq. Frank Hinshaw

### BEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. )

# ~%iG

# lEll\VJ

# IE@ MAR 52013 FRANK

### HINSHAW, SKYDIVING SCHOOL, INC., ) 

## L dlb/a SKYDIVEHAWAII and ISLAND SKYDIVING, L.L.C.)) 

### PART 1"6 DOCKETs



# --...**~-···----.....,.**

# -- Complainant, ) ) 

### vs. ) DocketNo.:**16-12~04** ) 

### TIIESTATEOFHAWAII ) ) 

### Respondent )



### COMPLAJNANTS' REPLY TO THE STATE OF HAWAll'S RESPONSE TO REQUEST FOR ADDffiONAL INFORMATION Please Serve: Richard J. 

### Durden Richard J. 

### Durden, Attorney at Law 27987 Richmond Hill Rd. Conifer, Co. 80433 T: 

### 616/901-6516 avlawver@yahoo.com Counsel for Complainant 

### Glenn I. 

### Kimura Deputy Attorneys General Department ofthe Attorney General, State

ofHawaii 465 S. King Street, Room 300 Honolulu, HI 

### 96813 T: 808/587-2997 glenn.i.kimura@hawaii.gov Counsel for Respondent NOW COME Complainants, Frank Hinshaw, Skydiving School, Inc., d/b/a Skydive Hawaii and Island Skydiving, L.L.C., by and through counsel, and for their Reply to The State ofHawaii's Response to Request for Additional Information, state as follows: Complainants recognize that the FAA's Request for Additional Information was sought from Respondent. However, it is Complainants' assertion that Respondent's February 13 response was incomplete and therefore this Reply is appropriate. 14 CFR Part 16 does not 1prohibit pleadings outside those enumerated. Complainants recognize that it is up to the discretion ofthe Director as to whether this Reply will be considered

. The State ofHawaii responded to the FAA's February 4, 2013 Request for Additional Information by stating that once itlearned thatthe FAA proposed to issue a change to an existing Advisory Circular (AC) that would create FAA guidance for parachute landing areas, the State sought further information from anFAA office andthen stopped all action toward approving Complaints' desired skydiving operation on HanaAirport. The State did not letthe Director know that ithad abandoned all work. Itdidnot file any pleading notifying any party to this Complaint ofits unilateral decision based on its reading ofa draft AC, nor did it ask for direction from this tribunal. The State, on page two ofits Response, incorrectly saidthatthe minimum size and setback standards in the draft Advisory Circular would meanthere was notenough space for a PLA on the Hana Airport. Respondent failed to point outthatthe application made by Complainants and the pending Complaint are under the current CFRs and Advisory Circulars, not some changes that may come about sometime inthe future, with language that may ormay not be inplace. The State is obligatedto approve skydiving under the current CFRs and ACs. Even assuming that the draft AC were to be issued as worded, the State is incorrect in its statementthat there is inadequate space for a PLA onthe Hana Airport under the terms ofthe AC. The State did not mentionthatthe draft AC sets out flexible shaping procedures for defining the shape and size ofthe**PL~** which would easily allow a PLA on a number of locations onthe Hana Airport. The State also failed to mentionthat evenifa PLA does not meet the minimum size guidelines inthe draft AC, the draft AC has a mitigation process through 2

### which the Airport Sponsor and the operator work together with the FAA to create a PLA of acceptable size and shape. The State has an obligation under its Grant Assurances to 

### make the Hana Airport selfsufficient, which means approving safe commercial operator applications to do business on the Hana Airport. This fiduciary responsibility meant that ifthe State were truly interested in complying with its Grant Assurances and believed that a PLA on the Hana Airport would. not meet the guidelines ofthe draft AC, it would have immediately contacted Complainants and began the process ofworking together under the mitigation guidelines ofthat draft ACto assure that skydiving could take place on the Hana Airport without further delay. Instead, it appears thatthe State is using one small part 

### ofthe draft language ofan AC that may or may not be finalized, 

### tojustify its continued foot-dragging on approving Complainants' skydiving operation on Hana Airport.

Dated: February 23, 2013



### 3 Respectfully submitted,
Richard J. Durden, Attorney at Law Attorney for Complainants By: ur en 7Richmond Hill Road Conifer, Colorado 80433 (616) 901-65156

### CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing Complainants' Reply to the State ofHawaii's Response to Request for Additional Infonnation on the following person at the following address by regular mail: Glenn I. Kimura Deputy Attorneys General Department ofthe Attorney General, State ofHawaii 465 S. King Street, Room 300 Honolulu, HI 96813
Dated this 25th day ofFebruary, 2013 I

I 

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