“While I'm the Attorney General, we will address each issue with one question: What's the right thing to do? - Janet Reno

1. THE ATTORNEY GENERAL IS THE CHIEF LEGAL OFFICER AND CHIEF LAW ENFORCEMENT OFFICER OF
THE STATE OF HAWAII
ACT 1 HB2250 HD1 - THE HAWAII PUBLIC UTILITIES COMMISSION HAS PLENARY AUTHORITY AND
JURISDICTION OVER INTRASTATE AIR TRANSPORATION
A CASE OF PROSECUTORIAL DISCRESTION POLITICIZED
A CASE OF SELECTIVE ENFORCEMENT - VIOLATIONS OF LAW, NO INTERFERENCE, NO ENFORCEMENT
KEEPIN HAWAII BLUE
_______________________________
POSITION OF HAWAIIAN AIRLINES – “IT’S UP TO CONGRESS” ANSWER: FALSE
“The State of Hawaii is uniquely dependent upon air transportation. The Hawaii state legislature has
enacted legislation that reflects and attempts to address its concerns. For example, HOUSE BILL 2250
HD1, ACT 1 OF THE 2008 SPECIAL SESSION, ESTABLISHES A STATUTORY SCHEME FOR THE REGULATION
OF HAWAII NEIGHBOR ISLAND AIR CARRIERS, PROVIDED THAT FEDERAL LEGISLATION IS ENACTED TO
PERMIT ITS IMPLEMENTATION. CONGRESS HAS NOT ENACTED ANY LEGISLATION THAT WOULD
ALLOW THIS LEGISLATION TO GO INTO EFFECT.” [Emphasis Supplied]
Source: Hawaiian Holdings Annual Report 2017 and Form 10-K Filed with the Securities And Exchange
Commission, filed February 16, 2017, accessed April 25, 2017
<https://newsroom.hawaiianairlines.com/investor-relations/filings>
___________
THE HAWAII LEGISLATURE PASSED ACT 1, HB2250 HD1 IN JULY 2008
HB2250 HD1
Establishes a statutory scheme for the regulation of Hawaii inter-island air carriers; provided that
federal legislation is enacted to permit implementation. (HB2250 HD1)
[P]olicies adopted by the State of Hawaii in the regulation of this service will not impair
implementation of national regulatory goals, including safety regulation, which shall remain
exclusively within the jurisdiction of the Federal Aviation Administration.
Accordingly, the purpose of this Act is to establish a statutory scheme for state regulation of
interisland air carriers, to the extent permissible under the Constitution and laws of the United States.
Source: Hawaii Legislature. <http://www.capitol.hawaii.gov/session2008/bills/hb2250_hd1_.htm>
Accessed April 25, 2017 [Emphasis Supplied]

2. ____________
GOV.MSG.NO. 897
EXECUTIVE CHAMBERS, HONOLULU
July 8, 2008
STATEMENT OF OBJECTIONS TO HOUSE BILL NO. 2250 [In part]
This bill is objectionable because there is a serious potential that the bill, if it becomes effective, will
harm consumers and the market. For the foregoing reasons, I am returning House Bill No. 2250 without
my approval.
Respectfully,
Linda Lingle
Governor of Hawaii
Source: Hawaii Legislature.< http://www.capitol.hawaii.gov/session2008/bills/gm897_.pdf>
Accessed April 25, 2017
__________
VETO OVERRIDE
7/8/2008 SENATE Veto overridden - 2/3's vote: Ayes, 19; Aye(s) with reservations: none. Noes, 3
(Hemmings, Slom, Trimble). Excused, 3 (Bunda, Inouye, Whalen).
7/8/2008 HOUSE OF REPRESENTATIVES Veto overridden by 2/3's vote with Ayes; Noes
Representative(s) Ching, Finnegan, Marumoto, Meyer, Pine, Ward; and Excused Representative(s)
Belatti, Berg, Bertram, Saiki, Shimabukuro, Thielen, Tokioka.
Source: Hawaii Legislature. Accessed April 25, 2017
<http://www.capitol.hawaii.gov/Archives/measure_indiv_Archives.aspx?billtype=HB&billnumber=2250
&year=2008>
_____________________
THE STATE OF HAWAII AS OWNER, OPERATOR AND MANAGER OF ALL 15 AIRPORTS IN HAWAII IS NOT
REQUIRED ADDITIONAL CONGRESSIONAL APPROVALS, AS STATED BY HAWAIIAN AIRLINES, “FROM
CARRYING OUT ITS PROPRIETARY POWERS AND RIGHTS”
Specifically,
REQUEST FOR CLARIFICATION - US DOT OFFICE OF AVIATION ANALYSIS
Clif Hasegawa clifhasegawa@gmail.com Tue, Jan 10, 2017 at 10:21 AM

3. To: “Governor David Ige” <governor.ige@hawaii.gov>, "Lieutenant Governor Shan S. Tsutsui"
<shan.tsutsui@hawaii.gov>, "Senate President Ronald D. Kouchi" <senkouchi@capitol.hawaii.gov>,
“House Speaker Joseph M Souki” <repsouki@capitol.hawaii.gov>, Senator Rosalyn Baker
<senbaker@capitol.hawaii.gov>, “Senator J Kalani English” <senenglish@capitol.hawaii.gov>, "Senator
Gilbert S.C. Keith-Agaran" <senkeithagaran@capitol.hawaii.gov>, “Representative Justin H Woodson”
<repwoodson@capitol.hawaii.gov>, “Representative Kaniela Ing” <reping@capitol.hawaii.gov>,
“Representative Lynn DeCoite” <repdecoite@capitol.hawaii.gov>, “Representative Kyle T Yamashita”
<repyamashita@capitol.hawaii.gov>, “Representative Angus McKelvey”
<repmckelvey@capitol.hawaii.gov>, "sens@capitol.hawaii.gov" <sens@capitol.hawaii.gov>,
"reps@capitol.hawaii.gov" <reps@capitol.hawaii.gov>, Mayor Alan Arakawa
<alan.arakawa@mauicounty.gov>, “Council Chair Mike White” <Mike.White@mauicounty.us>,
“Council Vice-Chair Robert Carroll” <Robert.Carroll@mauicounty.us>, “Presiding Officer Pro Tempore
Stacy Crivello” <Stacy.Crivello@mauicounty.us>, “Councilmember Alika Atay”
<Alika.Atay@mauicounty.us>, “Councilmember Elle Cochran” <Elle.Cochran@mauicounty.us>,
“Councilmember Don Guzman” <Don.Guzman@mauicounty.us>, “Councilmember Kelly King”
<Kelly.King@mauicounty.us>, “Councilmember Riki Hokama” <Riki.Hokama@mauicounty.us>,
“Councilmember Yuki Lei Sugimura” <Yukilei.Sugimura@mauicounty.us>, “PUC” <puc@hawaii.gov>,
chiefjustice@courts.hawaii.gov, "Raggio, Mark (OST)" <Mark.Raggio@dot.gov>
Cc: “Cindy McMillan Communications Director Office of Governor David Ige”
<cindy.mcmillan@hawaii.gov>, Ross Tsukenjo Executive to the Lieutenant Govenor
<Ross.Tsukenjo@hawaii.gov>, Flo Hamasaki Office Manager House Speaker Joseph Souki
<hamasaki@capitol.hawaii.gov>, “Grace Ishii Executive to Mayor Alan Arakawa”
<Grace.Ishii@co.maui.hi.us>, “Managing Director Keith Regan” <md.office@mauicounty.gov>, Maui
Tomorrow <Webmaster@maui-tomorrow.org>, Maui Causes <info@mauicauses.org>, “Sierra Club of
Hawaii” <hawaii.chapter@sierraclub.org>, Wendy Osher <wendy@mauinow.com>, Debra Lordan
<debra.lordan@gmail.com>, Tommy Russo <tommy@mauitime.com>, “Anthony Pignataro”
<anthony@mauitime.com>, “Jen Russo” <jen@mauitime.com>, “Joe Bradley”
<jbradley@mauinews.com>, “Lee Imada” <leeimada@mauinews.com>, Andrew Walden
<hfpeditor@email.com>, “Todd Simmons Civil Beat” <todd@civilbeat.com>, “Nick Grube Civil Beat”
<ngrube@civilbeat.com>, “Sophie Cocke” <scocke@staradvertiser.com>, echao@mauinews.com,
"dshimogawa@bizjournals.com" <dshimogawa@bizjournals.com>, Kenneth Yamamura
<kenneth.yamamura@mauicounty.gov>, “Teena Rasmussen Economic Development Director”
<economic.development@mauicounty.gov>
THE HAWAII PUBLIC UTILITIES COMMISSION - PLENARY AUTHORITY AND
JURISDICTION INTRASTATE AIR CARGO - ACT 1 HB2250 HD1 (2008 SPECIAL SESSION
- VETO OVERRIDE)
Dear Governor Ige, Lieutenant Governor Tsutsui, Senate President Kouchi, House Speaker Souki, Chief
Justice Recktenwald, Associate Justice Nakayama, Associate Justice McKenna, Associate Justice Pollack,
Associate Justice Wilson, Members of the Maui Delegation to the Hawaii Senate and House of
Representatives, Members of the Hawaii Senate and House of Representatives, Mayor Alan Arakawa and
the Maui County Council,
The forwarded email was received by Mr. Mark Raggio, Office of Aviation Analysis, US-DOT, today,
January 10, 2017, in response to my request for clarification on House Bill 2250 HD1, Act 1 of the 2008
Special Session, whether The Hawaii Public Utilities Commission may regulate intrastate air cargo
carriers.

4. My stated position was that Act 1 provided the HPUC authority and jurisdiction to regulate intrastate air
cargo carriers. The matter is now answered and closed.
Please transmit this information to principles in Hawaiian Air Lines, Aloha Air Cargo and Transair in
order that their records include this current information.
Thank you very much.
Aloha
Respectfully,
- signed -
Clifton M. Hasegawa
President and CEO
Clifton M. Hasegawa & Associates, LLC
1322 Lower Main Street A5
Wailuku, Hawaii 96793
Telephone: (808) 244-5425
Email: clifhasegawa@gmail.com
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa
---------- Forwarded message ----------
From: Raggio, Mark (OST) <mark.raggio@dot.gov>
Date: Tue, Jan 10, 2017 at 8:48 AM
Subject: RE: REQUEST FOR CLARIFICATION - US DOT OFFICE OF AVIATION ANALYSIS
To: Clif Hasegawa <clifhasegawa@gmail.com>
Good morning Clif –
Our General Counsel has come back with their determination that 49 USC 41713(b) preempts a state
from regulating air cargo rates:
(a)DEFINITION. —
In this section, “State” means a State, the District of Columbia, and a territory or
possession of the United States.

5. (b)PREEMPTION.—
(1) EXCEPT AS PROVIDED IN THIS SUBSECTION, A STATE, POLITICAL
SUBDIVISION OF A STATE, OR POLITICAL AUTHORITY OF AT LEAST 2 STATES
MAY NOT ENACT OR ENFORCE A LAW, REGULATION, OR OTHER PROVISION
HAVING THE FORCE AND EFFECT OF LAW RELATED TO A PRICE, ROUTE, OR
SERVICE OF AN AIR CARRIER THAT MAY PROVIDE AIR TRANSPORTATION
UNDER THIS SUBPART.
(2) Paragraphs (1) and (4) of this subsection do not apply to air transportation
provided entirely in Alaska unless the transportation is air transportation (except charter
air transportation) provided under a certificate issued under section 41102 of this title.
(3) THIS SUBSECTION DOES NOT LIMIT A STATE, POLITICAL SUBDIVISION OF
A STATE, OR POLITICAL AUTHORITY OF AT LEAST 2 STATES THAT OWNS OR
OPERATES AN AIRPORT SERVED BY AN AIR CARRIER HOLDING A CERTIFICATE
ISSUED BY THE SECRETARY OF TRANSPORTATION FROM CARRYING OUT ITS
PROPRIETARY POWERS AND RIGHTS.
Kind regards,
Mark
Mark Holding Raggio
U.S. Department of Transportation
OST - Office of Aviation Analysis
T: +1 202 366 1271
**Please note: My email address has changed to Mark.Raggio@dot.gov – thank you!
________________________
HAWAIIAN AIRLINES GROUND FACILITIES
“Our principal terminal facilities, cargo facilities and hangar and maintenance facilities are located at
the Honolulu International Airport (HNL). The majority of the facilities at HNL are leased on a
month-to-month basis. We are also charged for the use of terminal facilities at the four major
Neighbor Island airports owned by the State of Hawaii.”
Source: Source: Hawaiian Holdings Annual Report 2017 and Form 10-K, cited above.
_________________
HIDOT AIRPORTS DIVISION
THE STATE OF HAWAII, DEPARTMENT OF TRANSPORTATION, AIRPORTS DIVISION OPERATES AND
MAINTAINS 15 AIRPORTS AT VARIOUS LOCATIONS WITHIN THE STATE OF HAWAII AS A SINGLE
INTEGRATED SYSTEM.
Source: HIDOT AIRPORTS - Financial Audit Report Fiscal Year 2016. Accessed April 25, 2017
http://hidot.hawaii.gov/airports/files/2013/01/airport-audit-rpt-fy2016.pdf

6. CMH COLLECTION
BLUE MEATBALL – PAN AM LOGO