Richard J. Durden 

Attorney at Law 

27987 Richmond Hill Road 

Conifer, Colorado 80433 

616/901-6516 

March2, 2015 

VIA EMAIL AND REGULAR MAIL 

Office of the Chief Counsel 

FAA Part 16 Airport Proceedings Docket 

AGC-610 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, D.C. 20591 

Re: Frank Hinshaw, Skydiving School, Inc., d/b/a Skydive Hawaii and Island Skydiving, 

L.L.C. 

Docket No. 16-12-04. 

Dear Sir or Madam: 

Enclosed for filing please find an original and three copies of Complainants' Response to 

The FAA's 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. 

) 

FR_ANK HINSHAW, SKYDNING SCHOOL, INC., ) 

d/b/a SKYDIVE HAWAII and ISLAND SKYDNING, L.L.C.) 

) 

Complainant, ) 

) 

vs. ) Docket No.: 16-12-04 

) 

THESTATEOFHAWAII ) 

) 

Respondent ) 

COMPLAINANTS' RESPONSE TO THE FAA'S 

REQUEST FOR ADDITIONAL 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 of the Attorney General, State 

of Hawaii 

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 in the FAA's February 20,2015 Request for Additional Information, state as 

follows: 

Complaints have no objection to communicating on the Common Traffic Advisory 

Frequency (CTAF) and/or any other local island communication frequency before, during and/or 

after the performance of skydiving operations onto Hana Airport and are willing to do so. 
Complainants are prepared to begin skydiving operations onto Hana Airport immediately. 

Complainants note that the State of Hawaii was ordered to 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 or leave it 

procedures. 

The State than sent out "minutes" of the meeting that contained a number of errors, 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 of December 2014, despite Mr. Hinshaw clearly stating at the meeting that his 

company could begin operations immediately. The minutes further said that Mr. Hinshaw 

opposed communications on CTAF in addition to communications with ATC, when he had 

simply questioned the need. Had the State actually engaged in negotiations, it would have found 

out that Mr. Hinshaw was not opposed to such communication and that his company was 

prepared to make the CTAF radio announcements. 

There has been no way to conduct any sort of give and take with the State on Hana 

Airport access-it has not even responded to emails from Complainant in over two months and it 

has not given the name of the person with whom Complainants are supposed to negotiate 

regarding Hana Airport access. 

"Negotiate." "To confer with another so as to arrive at the settlement of some matter; to 

deal with; to arrange for or bring about through conference discussion and compromise ... " 

Merriam-Webster's Collegiate Dictionary, Tenth Edition. 
To characterize a meeting at which one party presents an ultimatum as to operating 

procedures allowing no changes as a negotiation strains the definition of the term. Complainants 

have always been ready to negotiate~and will present the scores of emails it has sent trying 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 of Airport Compliance and 

Management Analysis, sent a letter to counsel for the State of Hawaii pointing out that the State 

had thus 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, 2014letter referenced 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 HNM in 

contravention of Grant Assurance 22 and Grant Assurance 23." 

Complainants are ready to begin skydiving operations on Hana Airport immediately and 

will undertake the stated CT AF communications. The State has continued to delay access and is 

in ongoing violation of two of the Grant Assurances it signed. 

In the FAA's Preliminary Determination, at page 31, the FAA outlined examples of what 

it called the attempts by Complainant to negotiate in good faith with the State and the State's 

refusal to negotiate. On page 32 the FAA found that "The Record indicates that the Complainant 

has gone above and beyond what could only be considered to be reasonable attempts to 

negotiate aeronautical access with the Respondent prior to the filing of the instant Complaint." 

(emphasis added) 
Complainants have continued to go above and beyond in trying to negotiate with the 

State. They are prepared to begin skydiving operations on the 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