Hinshaw, et al vs. The State of Hawaii (Docket No. 16-12-04) t 

ArleneAFuerte . 9-AWA-AGC-Part-16 11/26/2014 07:32PM 

Glenn.I.Kimura 

Attached is a copy of a letter sent to Mr. Randall S. Fiertz dated November 26, 2014. Should you have 

any questions, please contact our office. 

Thank you, 

Arlene A. Fuerte 

Land/Transportation Division 

Department of the Attorney General 

426 Queen Street 

Honolulu, Hawaii 96813 

Phone: (808) 587-2992 

Fax: (808) 586-1379 

~rE~rEUW!E~ NOV 2 7 2014 

PART 16 DOCKETS 

Confidential Notice: This e-mail message, including any attachments, is for the sole use of the intended 

recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or 

distribution by intended recipients is prohibited. If you are not the intended recipient, please contact the 

sender by reply e-mail and destroy all copies of the original message. Rertz.pdf 
NEIL ABERCROMBIE 

GOVERNOR 

STATE OF HAWAII 

DEPARTMENT OF THE ATTORNEY GENERAL 

Randall S. Fiertz 

LAND TRANSPORTATION DIVISION 

ROOM 300, KEKUANAO'A BUILDING 

465 SOUTH KING STREET 

HONOLULU, HAWAII96813 

!8081 587-2992 

November 26,2014 

Director, Office of Airport Compliance 

And Management Analysis 

U.S. Department of Transportation 

Federal Aviation Administration\ 

800 Independence Ave. SW 

Washington, DC 20591 

DAVID M. LOUIE 

ATTORNEY GENERAt 

RUSSELL A. SUZUKI 

FIRST DEPUTY ATTORNEY GENERAL 

NOV 2720!4 

PART 16 DOCKETS 

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

Skydiving, LLC v. The State of Hawaii (Docket No. 16-12-04) 

Dear Mr. Fiertz 

This will respond to your letter dated November 13,2014, regarding the abovereferenced matter. 

A coordination meeting with Mr. Hinshaw took place on November 13, 2014. The 

purpose of this meeting was to negotiate in good faith towards developing temporary procedures 

for use until such time as the Administrative Rules process is completed. Mr. Hinshaw objected 

to most of the provisions in our proposed rules which consisted of matters previously negotiated 

and agreed to with his prior attorney but he did agree to add the State to the waivers signed by 

the jumpers and to comply with applicable federal regulations. Mr. Hinshaw indicated having 

hopes to begin jump operations by the end of December. We expect to meet Mr. Hinshaw's 

schedule barring any unforeseen circumstances. 

Prior to the foregoing, a meeting was scheduled with operators at Hana Airport on 

October 22,2014, to discuss the commencement ofskydive operations. Skydive Hawaii was 

invited but we were advised that its representative was unable to attend due to weather related 

reasons. 1l1e purpose of this meeting was to discuss and address concerns on the size and 

location of the Parachute Landing Area, airfield projects, and the integration of skydiving into 

existing operations on and in the vicinity of the Hana Airport. 

Beyond the foregoing, we provide the following schedule which is part of the State of 

Hawaii's procedural requirements for adoption of Administrative Rules: 

1. Proposed draft of rules is essentially completed; 
Randall S. Fiertz 

November 26, 2014 

Page 2 

2. Consult with affected small businesses, prepare Small Business Impact 

Statement and submit to Small Business Regulatoty Review Board with estimated 

completion by January 15, 2015; 

3. Review comments/recommendations of Review Board and submit proposed 

rules to State Department of Attorney General for approval as to form during 

second week ofFebruaty 2015; 

4. Upon receipt of approval as to form from the State Department of Attorney 

General, submit memo to Governor, State Department of Budget and Finance, and 

State Department of Business, Economic Development, Tourism from the State 

Director of Transportation for approval to proceed with the public hearings by 

March of2015; 

5. Upon approval from Governor, publish Notice in newspapers statewide at least 

30 days prior to hearings and also post to DOTA web site. Schedule public 

hearings to be completed by May of 2015; 

6. Review oral/written comments and revise proposed rules as necessaty by June 

of2015; and 

7. Draft final rules for formal adoption by July of 2015 

Please feel free to contact me should there be any questions or comments. 

Vety truly yours, 

/(} ( AL!_ r v ~/ ..,,,~ !i r· yv--__< '~_,....,~ ~~ l 

Glenn I. Kimura 

Deputy Attorney General 
CERTIFICATE OF SERVICE 

I hereby certify that on this date, a copy of a letter dated November 26, 2014 addressed to 

Randall S. Fiertz regarding Franks Hinshaw, Skydiving School, Inc. d/b/a Skydive Hawaii and 

Island Skydiving, LLC v. The State of Hawaii (Docket No. 16-12-040) signed by Glenn I. 

Kimura was served by conventional mail, by depositing a copy of the same in the United States 

mail, postage prepaid or electronic mail to the addresses stated below: 

FRANK HINSHAW 

Skydiving School Inc., 

Dba Skydive Hawaii 

P.O. Box 75520 

Honolulu, Hawaii 96836 

RICHARD J. DURDEN, ESQ. 

Attorney at Law 

27987 Richmond Hill Road 

Conifer, CO 80433 

FAA Part 16 Airport Proceedings Docket 

AGC-610 Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

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

Via US Mail 

Via US Mail 

Via E-Mail 

DATED: Honolulu, Hawai'i, November 26.2014. 

Glenn I Kimura 

Deputy Attorney General 

Attorney for Defendants The State of Hawaii