DOUGLAS S. CHIN 

Attorney General of Hawaii 

GLENN L KIMURA 

Deputy Attorney General 

Department of the Attorney 

#6465 

#2034 

General, State of Hawaii 

465 S. King Street, Room 300 

Honolulu, Hawaii 96813 

Telephone: (808) 587-2997 

Email: gle1m.i.kimura@hawaii.gov 

Attorney for Respondent 

BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

FRANK HINSHAW, SKYDIVING 

SCHOOL, INC., d/b/a SKYDIVE HAWAII 

and ISLAND SKYDIVING, L.L.C. 

Complainant, 

vs. 

STATE OF HAWAII, 

Respondent. 

FAADOCKETNO. 16-12-04 

STATE OF HAWAII'S MEMORANDUM IN 

OPPOSITION TO MOTION FOR 

SANCTIONS; CERTIFICATE OF SERVICE 

STATE OF HAWAII'S MEMORANDUM IN OPPOSITION TO MOTION FOR SANCTIONS 

Respondent STATE OF HA WAil (hereinafter "State"), by and through its attorneys, 

Douglas S. Chin, Attorney Genen\[;·and Glenn I. Kimura, Deputy Attorney General, hereby 

respond to Complainant's Motion for Sanctions in the above-caption matter as follows: 

The State has been charged with the responsibility to develop rules and regulations to 

accomplish the safe integration of the Parachute Landing Zone ("PLZ") into Hana Airp01t's 

598288_1.DOC 
overall operations and to enter into good faith negotiations with the Complainant. To this end, 

the State attempted to hold good-faith negotiations with the Claimant on two occasions. 

Complainant did not attend the first good-faith negotiations held at Kahului, Maui, in October, 

2014. Complainant did attend a subsequent meeting on November 25,2014. The provisions that 

were included in the Letter Of Agreement ("LOA") were the basis of the discussion at the 

meeting at which time Complainant refused to consider any provisions beyond what was 

required by 14 CPR Part 105. Complainant snbsequently agreed to comply with use of the 

Common Traffic Advisory Frequency. The LOA forwarded to Complainant was intended to 

provide a framework for the safe integration of the PLZ into the overall operations at Hana 

Airport and address the liability concerns of both the State and the residents ofHana. We have 

revised the LOA, removing references to USP A, D-levellicenses and the BSR as well as the 

personal liability provisions. 

I. Personal Liability Requirement: 

Proof of insurance is acceptable for any need for personal accountability. Complainant's 

skydiving operations will be conducted as a Limited Liability Corporation. Insurance coverage 

for skydiving operations are not available. We are mindful that having a signed waiver provision 

will not prevent the filing of a Ia wsuit. It is the judgment of the State that a standard defense and 

indemnification provision is insufficient to protect the State against the backdrop of bankruptcy. 

II. Compliance Based On Advisory Materials: 

While FAA advisory materials may not be mandatory, the decision to follow such 

information cannot be criticized as the word "advisory" by definition mans "having the power or 

right to make suggestions about what should be done: able to give advice". Merriam-Webster 

Dictionary (Bold Print Added). Complainant's suggestion that the FAA issues advisory 

598288 l.DOC 2 
materials are meaningless is misplaced as it also suggests that such materials can be ignored. It 

should be the discretion of the Airport Operator on whether such materials are adopted as it is 

ultimately responsible for the safe operations of the airport facility. 

IV. Preference Between Aeronautical Activity: 

The State's intent is not to give preference to one aeronautical activity over another; 

rather, to mitigate risks to all. To that end, the State is dropping its prohibition of skydiving 

when the nmway is in use for arrivals or departures. The small size and very close proximity of 

the PLZ to the existing adjacent helicopter operating area will result in parachutists t1ying 

through the helicopter area on approach to the PLZ, which is a safety concern to the State. 

V. Banning Personnel from Public Areas: 

The State does not consider runways (including the RSA) and taxiways to be "Public 

Areas". These are considered operational areas and not open to the public at any state airpo1i. 

Requiring a skydiver who inadvertently lands on the runway to vacate it as soon as practical 

ret1ects a best practice recommendation by the FAA in AC l 05E. 

VI. Providing Customer Information to Respondent: 

The State is a third-party beneficiary of any waiver agreements executed by its 

customers. To suggest that the State is not entitled to review such agreements in insure 

protection of its liability exposure is groundless. 

VII. Conclusion: 

Based on the foregoing, Respondent respectfully urges that the Motion for Sanctions 

should be denied. 

598288 l.DOC 3 
DATED: Honolulu, Hawaii, May 22, 2015. 

598288 1. DOC 4 

GLENN 

CKLJ 

I. KIMURA 

~< 

Deputy Attorney General 

Attorney for Respondent 

State of Hawaii 
BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

FRANK HINSHAW, SKYDIVING 

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

and ISLAND SKYDIVING, L.L.C. 

CERTIFICATE OF SERVICE 

Complainant, 

vs. 

STATE OF HAWAII, 

Respondent 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on May 21, 2015, a true copy of the foregoing document was 

served on the following: 

598288 l.DOC 

RICHARD J. DURDEN, ESQ. 

Richard J. Durden, Attorney at Law 

27987 Richmond Hill Road 

Conifer, CO 80433 

Attomey for Complainant 

FAA Part 16 Airport Proceedings Docket 

AGC-610, Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

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

Via U.S. Mail 

Via Electronic Mail 
DATED: Honolulu, Hawaii, May 22,2015. 

598288 l.DOC 2 

GLENN 

Uy~~ I. KIMURA 

Deputy Attorney General 

Attorney for Respondent 

State of Hawaii