DAVID M. LOUIE 2162 

Attorney General of Hawaii 

GLENN I. KIMURA #2034 

Deputy Attorneys General 

Department of the Attorney 

General, State of Hawaii 

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 HA WAil 

and ISLAND SKYDIVING, L.L.C. 

Complainant, 

vs. 

STATE OF HAWAII, 

Respondent. 

FAA DOCKET NO. 16-12-04 

STATE OF HAWAII'S ANSWER TO 14 CFR 

PART 16 COMPLAINT OF COMPLAINANT 

FRANK HINSHAW, SKYDIVING SCHOOL, 

INC. d/b/a SK YDIVE 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 FRANK HINSHAW, SKYDIVING SCHOOL, INC. 

d/b/a SKYDIVE HAW All AND ISLAND SKYDIVING, L.L.C. 

Respondent STATE OF HAW All (hereinafter "State"), by and through its attorneys, 

David M. Louie, Attorney General, and Glenn I. Kimura, Deputy Attorney General, hereby 

answers the 14 CFR PART 16 COMPLAINT in the above-caption matter as follows: 

455383_l.DOC 
In response to the factual historical allegations, Respondent admits to the factual 

allegations contained therein except as to the following: 

With respect to access by Complainant to Upolu Airport for skydiving activity, written 

permission to land sport parachutes 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 of a State airport. The State is prohibited by Hawaii law from giving Complainant any 

preferential treatment by allowing construction of improvements without complying with the 

existing procedures that is. applicable to the public. 

With respect to access to Hana Airport for skydiving activity, the State is in the process 

of adopting administrative rules and regulations to insure that this activity is conducted in the 

manner safest to the public and all users of the airport through the rulemaking procedure required 

under Hawaii law. 

· The State denies any allegations of statutory violations. The State has not refused to act 

and continues to !~ke action. The letter permitting skydive operations at Upolu Airport has been 

received by the Complainant and the State is currently in the process of adopting administrative 

rules and regulations through the rulemaking procedure required under Hawaii law for the Hana 

Airport. The State cannot issue a confirmation of its approval for Complainant to begin 

parachute operations at Hana Airport until after the completion of this rulemaking procedure and 

the formal adoption of rules and regulations. Parachuteoperations at Hana Airport should not be 

allowed to commence until these rules and regulations are properly adopted as required by 

4553B3_l.DOC 2 
Hawaii law. The safety rules are most important for the State's application for recertification of 

Hana Airport under 14 CFR Part 13 9. 

To the extent any of the foregoing can be viewed as an affirmative defense, the State 

hereby incorporates the same as an affirmative defense. 

DATED: Honolulu, Hawaii, March 29,2012. 

455383_l.DOC 3 

GLENN I. KIMURA 

Deputy Attorney General 

Attorney for Respondent 

State ofHawaii 
NEIL ABERCROMBIE 

GOVERNOR 

GLENN OKIMOTO, PhD., P.E. 

DIRECTOR 

DEPUTY DIRECTORS 

JADE BUTAY 

FORD N. FUCHIGAMI 

RANDY GRUNE 

JAOINE UAASAKI 

STATE OF HAWAII 

DEPARTMENT OF TRANSPORTATION 

AIRPORTS DIVISION 

IN REPLY REFER TO: 

Kona International Airport 

73-200 Kupipl Street 

Kailua-Kona, Hi 96740 

March 16, 2012 

CERTIFIED MAIL RETURN RECEIPT REQUESTED 

Also via fax (808) 637-5498 

Mr. Frank Hinshaw 

President 

SKYDIVE HA WAil 

P.O. Box 75520 

Honolulu, Hawaii 96836-0520 

Dear Mr. Hinshaw: 

Subject: PERMISSION TO LAND SPORT PARACHUTES 

Upolu Airport 

Your request for pennission to land sport parachutes at Upolu has been reviewed and 

approved. ·Penn iss ion is granted for landing at Upolu subject to the following 

provisos: 

AIR-H 

12.0214 

I. Sky Dive 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 of Advisory Circular 105-20. 

3. The runway cannot be 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 of the runway to preclude crossing the runway. 

4. Sky dive personnel and equipment must remain clear of the runway except for take 

off and 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 of the following airport conditions: 

1. The airport is unattended except for weekly maintenance visits. As such we 

are unable to provide adequate monitoring of the activity to ensure safety. 
2. In the event of an 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 or concerns 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, 

/;(Nt ~/) ~x I ,{ 1 .(: £r~J~. : ~L . . · 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-H 
BEFORE THE 

FEDERAL A VIA TTON ADMINISTRATION 

WASHINGTON, D.C. 

FRANK HINSHAW, SKYDIVING 

SCHOOL, INC., d/b/a SKYDIVE HAW All 

and ISLAND SKYDIVING, L.L.C. 

CERTTFTCA TE OF SERVICE 

Complainant, 

vs. 

STATE OF HAWAII, 

Respondent. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on March 29, 2012, a true copy of the foregoing document 

was served on the 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 A venue, S W 

Washington, DC 20591 

Email: 9-A W A-AGC.:Part-16@faa.gov 

Via U.S. Mail 

Via Electronic Mail 
DATED: Honolulu, Hawaii, March 29,2012. 

455383_l.DOC 2 

GLENN I. KIMURA 

Deputy Attorney General 

Attorney for Respondent 

State of Hawaii