Richard

### J. Durden Attorney at Law 27987 Richmond Hill Road Conifer, Colorado 80433 616/901-6516 March2, 2015 VIA EMAIL AND REGULARMAIL Office ofthe ChiefCounsel 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 andIsland Skydiving, L.L.C. DocketNo. 16-12-04. Dear SirorMadam: Enclosed for filing please find an original andthree copies ofComplainants' Response to The FAA's Request For Additional Information in the captioned matter. One copy is unbound, as requested bythe FAA.

enc.

cc: Glen I. Kimura, Esq. FrankHinshawBEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. 

### ) FR_ANK HINSHAW, SKYDNING SCHOOL, INC., ) d/b/a SKYDIVE HAWAII and ISLAND SKYDNING, L.L.C.) ) Complainant, ) 

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

### ) THESTATEOFHAWAII ) ) Respondent )

COMPLAINANTS' RESPONSE TO THE FAA'S REQUEST FORADDITIONAL INFORMATION Please Serve: Richard J. Durden Richard J. Durden, Attorney at Law 27987 Richmond Hill Rd. Conifer, Co. 80433 T: 616/901-6516

Counsel for Complainant Glenn l. 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(illhawaii.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 response to the question asked of Complainants inthe FAA's February 20,2015 Request for Additional Information, state as follows: Complaints have no objection to communicating onthe CommonTraffic Advisory Frequency (CTAF) and/or any other local island communication frequency before, during and/or after the performance ofskydiving operations onto Hana Airport and are willing to do so.Complainants are preparedto begin skydiving operations onto HanaAirport immediately. Complainants note thatthe State ofHawaii was orderedto enter into negotiations with Complainants pursuant to the FAA's August 18,2014 Preliminary Determination. The State has

never entered negotiations with Complainants nor even appointed a negotiator. The State held

one meeting, on November 25, 2014, for all operators at Hana Airport-it was not a negotiation with Complainants-the State simply presented its operating rules as a take it orleave it procedures. The State than sent out "minutes" ofthe meetingthat contained a number oferrors, which Complainants were never allowed to correct or even insert an addendum. For example, the minutes stated that Frank Hinshaw said his company would not be able to begin operations at Hana until the end ofDecember 2014, despite Mr. Hinshaw clearly stating at the meetingthat his company could begin operations immediately. The minutes further said that Mr. Hinshaw opposed communications on CTAF in addition to communications with ATC, whenhe had simply questioned the need. Had the State actually engaged in negotiations, it wouldhave found out that Mr. Hinshaw was not opposedto such communication andthat his company was prepared to make the CTAF radio announcements. There has been no way to conduct any sort ofgive and take withthe State onHana Airport access-it has not even respondedto emails from Complainant in over two months and it has not giventhe name ofthe person with whom Complainants are supposed to negotiate regarding Hana Airport access. "Negotiate." "To confer with another so as to arrive atthe settlement ofsome matter; to deal with; to arrange for orbring about through conference discussion and compromise

... " Merriam-Webster's Collegiate Dictionary, TenthEdition.To characterize a meeting at which one party presents anultimatum as to operating procedures allowing no changes as a negotiation strains the definition ofthe term. Complainants have always beenready to

**negotiate~and** will presentthe scores ofemails it has senttrying to get the State to enter into negotiation as evidence, should the FAA desire to see them again. On November 

### !3, 2014, Randall S. Fiertz, Director, Office ofAirport Compliance and Management Analysis, sent a letterto counsel for the State ofHawaii pointing out that the State hadthus far failed to negotiate in good faith with Complainants. The State's response was to hold a meeting at which no negotiation was allowed. The November 

### !3, 2014letterreferenced the State's continuous foot-dragging in allowing Complainant's skydiving access to Hana Airport at page 3: "The Director's prescriptive corrective action is in direct response to the State's protracted rulemaking process, and the State's more than 7 year delay in granting Complainant aeronautical access to HNMin contravention ofGrant Assurance 22 and Grant Assurance 23." Complainants are ready to begin skydiving operations onHana Airport immediately and will undertake the stated CTAF communications. The State has continuedto delay access and is in ongoing violation oftwo ofthe Grant Assurances it signed. Inthe FAA'sPreliminaryDetermination, at page 31, the FAA outlined examples ofwhat it calledthe attempts by Complainant to negotiate in good faith with the State and the State's refusal to negotiate. Onpage 32 the FAA found that "The Record indicates that the Complainant has gone above andbeyondwhatcouldonly be consideredto be reasonable attempts to negotiate aeronautical access with the Respondent prior to the filing ofthe instant Complaint." (emphasis added)Complainants have continued to go above and beyond intryingto negotiate with the State. They are prepared to begin skydiving operations onthe Hana Airport immediately.

Dated: March 2, 2015 Respectfully submitted,

Richard J. Durden, Attorney at Law Attorney for Complainant By: 2'7987; ichmond Hill Road Conifer, Colorado 80433 (616) 901-65156