### 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 ofthe Attorney General 426 Queen Street Honolulu, Hawaii 96813 Phone: (808) 587-2992 Fax: (808) 586-1379 

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## 2014 PART 16 DOCKETS

Confidential Notice: This e-mail message, including any attachments, is for the sole use ofthe intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by intended recipients is prohibited. Ifyou are notthe intended recipient, please contactthe
sender by reply e-mail and destroy all copies ofthe original message. Rertz.pdfNEIL 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 ofAirport Compliance And Management Analysis U.S. Department ofTransportation Federal Aviation Administration\ 800 Independence Ave. SW Washington, DC 20591 DAVID M. LOUIE ATTORNEY GENERAt
RUSSELL A. SUZUKI FIRST DEPUTY ATTORNEY GENERAL



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Re: Franks Hinshaw, Skydiving School, Inc. d/b/a Skydive Hawaii and Island Skydiving, LLC v. The State ofHawaii (Docket No. 16-12-04) DearMr. Fiertz This will respond to your letter datedNovember 13,2014,regarding the abovereferenced matter. A coordinationmeeting with Mr. Hinshaw took place on November 13, 2014. The purpose ofthis 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 oftheprovisions in ourproposed rules which consisted ofmatters previously negotiated and agreed to with his prior attorneybut he did agree to add the Stateto the waivers signed by thejumpers and to complywith applicable federal regulations. Mr. Hinshaw indicated having hopes to beginjump operations bythe end ofDecember. We expect to meet Mr. Hinshaw's schedulebarring 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 ofthis meeting was to discuss and address concerns on the size and location ofthe Parachute Landing Area, airfield projects, and the integration ofskydiving into existing operations on and in the vicinity ofthe Hana Airport. Beyond the foregoing, we provide the following schedule which is part ofthe State of Hawaii's procedural requirements for adoption ofAdministrative Rules: 1. Proposed draft ofrules is essentially completed;Randall S. Fiertz November26, 2014 Page 2 2. Consultwith affected small businesses, prepare Small Business Impact Statement and submit to Small Business Regulatoty Review Board with estimated completionbyJanuary 15, 2015; 3. Review comments/recommendations ofReview Board and submitproposed rules to State Department ofAttorney General for approval as to form during second week ofFebruaty2015; 4. Uponreceipt ofapproval as to form from the State Department ofAttorney General, submit memo to Governor, State Department ofBudget and Finance, and State Department ofBusiness, Economic Development, Tourism from the State Director ofTransportation for approval to proceed with the publichearings by March of2015; 5. Upon approval from Governor, publish Notice in newspapers statewide at least 30 days priorto hearings and also post to DOTA web site. Schedule public hearings to be completed by May of2015; 6. Review oral/written comments and revise proposed rules as necessatyby June of2015; and 7. Draft final rules for formal adoption byJuly of2015 Please feel free to contact me should there be any questions or comments. Vetytruly yours, 

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**'~_,....,~ ~~**  l Glenn I. Kimura Deputy Attorney GeneralCERTIFICATE OF SERVICE Ihereby certify that onthis date, a copy ofa letter dated November 26, 2014 addressedto Randall S. Fiertzregarding Franks Hinshaw, Skydiving School, Inc. d/b/a Skydive Hawaii and Island Skydiving, LLC v. The State ofHawaii (DocketNo. 16-12-040) signedby Glenn I. Kimura was served by conventional mail, by depositing a copy ofthe same in the United States mail, postageprepaid orelectronic 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 RichmondHill Road Conifer, CO 80433 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 ViaUS 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 ofHawaii