DAVID M. LOUIE 2162 Attorney General ofHawaii GLENN I. KIMURA #2034 Deputy Attorneys General Department ofthe Attorney

General, State ofHawaii 465 S. King Street, Room 300 Honolulu, Hawaii 96813 Telephone: (808) 587-2997 Email: glenn.i.kimura@hawaii.gov Attorney for Respondent BEFORE THE FEDERAL AVIATION ADMINISTRATION

. WASHINGTON, D.C
.

.FRANK HINSHAW, SKYDIVING

SCHOOL, INC., d/b/a SKYDIVE HAWAil and ISLAND SKYDIVING, L.L.C. Complainant,
vs. STATE OF HAWAII, Respondent. FAA DOCKETNO. 16-12-04 STATE OF HAWAII'S ANSWERTO 14 CFR PART 16 COMPLAINT OF COMPLAINANT FRANKHINSHAW, SKYDIVING SCHOOL, INC. d/b/a SKYDIVE HAW All AND ISLAND SKYDIVING, L.L.C.; EXHIBIT "A"; CERTIFICATE OF SERVICE

STATE OF HAWAII'S ANSWER TO 14 CFR PART 16 COMPLAINT OF COMPLAINANT FRANKHINSHAW, SKYDIVING SCHOOL, INC. d/b/a SKYDIVE HAWAll AND ISLAND SKYDIVING, L.L.C. Respondent STATE OF HAW All (hereinafter "State"), by andthrough its attorneys, David M. Louie, Attorney General, and Glenn I. Kimura, Deputy Attorney General, hereby
answers the 14 CFRPART 16 COMPLAINT in the above-caption matter as follows:

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### In response to the factual historical allegations, Respondent admits to the factual allegations contained therein except as to the following: Withrespect to access by Complainantto Upolu Airport for skydiving activity, written permission to land sportparachutes has been granted and communicated to Complainant via letter dated March 16,2012 (AIR-H 12.0214) which is attached hereto as Exhibit "A". Complainant may apply to the Upolu Airport District Managet for permission to build a hangar using established procedures that are applicable to anyone wishing to build improvements on any · portions ofa State airport. The State is prohibited by Hawaii law from giving Complainant any preferential treatment by allowing construction ofimprovements without complying with the existing proceduresthat is.applicable to the public. With respect to access to Hana Airport for skydiving activity, the State is in the process ofadopting administrative rules and regulations to insure that this activity is conducted inthe
manner safest to the public and all users ofthe airport through the rulemaking procedure required under Hawaii law.

· The State denies any allegations ofstatutory violations. The State has not refused to act and continues to**!~ke** 

### action. The letterpermitting skydive operations atUpolu Airport has been received by the Complainant and the State is currently in the process ofadopting administrative rules and regulations through the rulemakingprocedure required underHawaii law for the Hana Airport. The State cannot issue a confirmation ofits approval for Complainantto begin parachute operations at HanaAirport until after the completion ofthis rulemaking procedure and the formal adoptionofrules and regulations. Parachuteoperations at Hana Airport should not be allowed to commence until these rules andregulations are properly adopted as required by

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### Hawaii law. The safety rules are mostimportant for the State's application for recertification of Hana Airport under 14 CFR Part 139. To the extent any ofthe foregoing can be viewed as an affirmative defense, the State hereby incorporates the same as an affirmative defense. DATED: Honolulu, Hawaii, March 

### 29,2012.

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### GLENN I. 

### KIMURA Deputy AttorneyGeneral Attorney for Respondent State ofHawaiiNEIL ABERCROMBIE GOVERNOR GLENN OKIMOTO, PhD., P.E. DIRECTOR DEPUTY DIRECTORS JADE BUTAY FORD N. FUCHIGAMI RANDY GRUNE JAOINE UAASAKI STATE OF HAWAII DEPARTMENT OFTRANSPORTATION AIRPORTS DIVISION IN REPLY REFER TO:
Kona International Airport

73-200 Kupipl Street Kailua-Kona, Hi 96740 March 16, 2012 

### CERTIFIEDMAIL RETURN RECEIPT REQUESTED Also via fax (808) 637-5498 Mr. Frank Hinshaw President 

### SKYDIVE HAWAil P.O. Box 75520 Honolulu, Hawaii 96836-0520 DearMr. Hinshaw: Subject: 

### PERMISSION TO LAND SPORTPARACHUTES Upolu Airport Yourrequest for pennission to land sport parachutes atUpolu has been reviewed and approved. ·Pennission is granted for landing at Upolu subject to the following provisos: AIR-H 12.0214

I. SkyDive Hawaii shall comply with all applicable Federal Aviation Administration (FAA) regulations including the requirements of 14 CFR Part 105. 2. SkyDive Hawaii shall comply with the requirements ofAdvisory Circular 105-20. 3. The runway cannotbe designated the parachute landing area. The previously used areas on the SW end are acceptable. The attached map shows other areas outside t11e runway safety area that can also be used as parachute landing areas. Note that there are no areas makai ofthe runway to precludecrossing the runway. 4. Sky dive personnel and equipmentmustremain clearofthe runway except for take offand landing. 

### 5. Jump aircraft must monitor the CTAF for UPP, 122.9 for traffic and make appropriate radio calls on that frequency as well as the appropriate HCF frequency 6. Fees for the landings are waived until further notice. Please be aware ofthe following airport conditions: 1. The airport is unattended exceptfor weekly maintenance visits. As such we are unable to provide adequate monitoring ofthe activity to ensure safety.2. In the event ofan accident and/or injury, there is no emergency res·ponse capability on airport. Hawaii County assets responding to a parachuting accident or injury are limited. Should you have any questions orconcerns about you may call or email me at (808) 327-9520, x 222 or email me at Chauncey.wongyuen@hawaii.gov. Best wishes for a safe and successful operation. Very truly yours, 

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# . . · Chauncey
. . It';

Hawaii Ditt. anager

. I ' : ' / CWY cc: Ford Fuchigami, DEP-A Roy Sakata, AIR-L Henry Bruckner, AIR-LG Steven Santiago, AIR-HL Pauline Zanger, AIR-H Clyde Tamanaha, AIR-H David Hein, AlR-HBEFORETHE FEDERAL AVIATTON ADMINISTRATION WASHINGTON, D.C. FRANK HINSHAW, SKYDIVING SCHOOL, INC., d/b/a SKYDIVE HAWAll and ISLAND SKYDIVING, L.L.C. CERTTFTCATE OF SERVICE
Complainant,
vs. STATEOF HAWAII, Respondent.

CERTIFICATE OF SERVICE I HEREBY CERTIFYthat onMarch 29, 2012, a true copy ofthe foregoing document
was served onthe following:

455383_l.DOC RICHARD 

### J. DURDEN, ESQ. Richard J. Durden, Attorney at Law 27987 Richmond Hill Road Conifer, CO 80433 Attorney for Complainant FAA Part 16 Airport Proceedings Docket AGC-610, Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Email: 9-AWA-AGC.:Part-16@faa.gov ViaU.S. Mail

Via Electronic Mail

### DATED: Honolulu, Hawaii, March 29,2012.

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### GLENN I. 

### KIMURA Deputy Attorney General Attorney for Respondent State ofHawaii