Paul Asmus, co-founder of the now-defunct South Sea Helicopters, Inc., has filed a discrimination complaint against state Department of Transportation officials, regarding helipad assignments at Lihu‘e Airport. The complaint, filed with Federal Aviation Administration (FAA) officials, charges state Department of
Paul Asmus, co-founder of the now-defunct South Sea Helicopters, Inc., has filed a discrimination complaint against state Department of Transportation officials, regarding helipad assignments at Lihu‘e Airport.
The complaint, filed with Federal Aviation Administration (FAA) officials, charges state Department of Transportation Director Rodney Haraga with discrimination for not maintaining a wait list for helipad assignments.
Scott Ishikawa, state DOT spokesperson, said Thursday DOT officials had not yet seen the complaint, but will review it once it is in hand.
The complaint by Asmus and PD Aviation Consulting & Leasing, LLC, was made against Haraga in his capacity as state DOT director.
The complaint was filed under federal Part 16 rules, which refer to the section of the federal aviation regulations that set out and provide for the complaint process, according to Donn Walker, manager of communications and media relations for the FAA in Los Angeles.
The complaint was submitted June 6 and stamped June 13. Walker confirmed FAA officials had received the complaint.
South Sea Helicopters no longer operates on Kaua‘i. Asmus, who started the company in 1981 and wrangled with DOT leaders for 11 years, said Thursday he is seeking helipad space under a new corporate entity to be named later.
The details of the complaint date back to 1989, and take DOT officials to task for allegedly not adhering to state administrative rules as to the allotment of helipad spaces at Lihu‘e Airport and DOT officials’ failure to answer questions or provide clarity and responses pursuant to its waiting list for helipads.
his interest in South Sea Helicopters Inc. in 1992, but did not withdraw from litigation against DOT officials. That suit was ultimately dismissed in December 2004, he said.
On July 17, 2000, Asmus filed an application for space at Lihu‘e Airport on behalf of PD Aviation and Consulting Inc. and himself, utilizing the 1991 administrative rules
He said these rules clearly dictate that airport managers maintain a wait list.
He claimed he was informed in a letter dated July 31, 2000 from the Lihu‘e Airport district manager (unnamed) that “no wait lists are being maintained for these helipads.”
He said this was in direct contrast to the stated policy in Hawaii Administrative Rules 19-17.1-3(B), which state in part: “The filing date of the completed application shall establish the applicant’s position on the respective waiting list which shall be established and maintained for each public airport as needed. Each district airport shall maintain and make available to interested parties the waiting list showing the information required by this subsection of this section.”
Asmus concluded his complaint by stating, “It appears from their actions that the state of Hawai‘i (DOT) Airports Division has determined that they do not have to comply with the FAA grants assurances (or) even their own administrative rules. I have waited over five years for a helipad/lease lot at Lihu‘e only to find that the state DOT has intentionally misled me. This delay has cost me five years of wasted effort, time and potential revenue.”
Asmus said that in January 2005 he submitted a new application for additional pads, and was never given a copy of the waiting list for helipad spots.
He said in April DOT officials allowed two other helicopter operators to utilize transient pads at Lihu‘e “while many others remain vacant. I was never informed that I could do the same, and both these operators had applied for pads after I had.”
In a previous story in The Garden Island published in May, Ishikawa said leaders at Blue Hawaiian Helicopters, a Maui-based tour operator which began regular on-island flights on Kaua‘i in March, had not been given any preferential treatment, and did not jump to the top of any waiting list for helipad usage when leaders of other local companies with more seniority have been waiting their turn, some for years.
Ishikawa said the wait list was canceled because the state was moving toward making improvements.
DOT Airports Division officials are still reviewing options in regard to a $6-million improvement project for the Lihu‘e Airport heliport.
He also pointed out in a May 4 report that these spaces would have been pursuant to 30-day permits. Blue Hawaiian only has a transient, day-to-day permit, which is not the same as the other, long-time permit holders.
Ishikawa said last week the DOT sent out on-airport-qualification applications to all prospective helicopter operators. He said this review would establish the number of qualified operators, which would greatly assist state leaders in the planning process.
The deadline for those submissions was Wednesday.
Ishikawa said Thursday the applications handed out to the leaders of helicopter companies asked them for their business plans and financial standing.
Walker said Thursday the response process to a complaint was quite involved, with all parties having opportunities to state their respective cases.
He said when FAA officials receive a Part 16 complaint, they first notify airport officials (or individuals) who are the subject of the complaint. After that, the respondent has 20 days to respond to the complaint.
Then, the complainant has 10 days to respond to the respondent’s response. The respondent then has the same option.
Walker said that, after all of that has played out, FAA officials then have 120 days to issue a decision as to how, if at all, the complaint will be resolved.
That decision is issued by the director of airport safety and standards. That decision can then be appealed to the FAA’s associate administrator of airports within 30 days. The associate administrator then will issue a final decision within 60 days.
