n/18/20 n 16:31 FAX 2024935U 2 FAA ^ DMS 0001/00 7 

niStanford M.J. Manula 532-1704 To:Respondent M&M Tanks. Inc/ s Answer re In the M 11 :S3 i 1/14/1 lGMT-10 Pg 02-07 

STANFORD M. J. MANUIA 

Attorney at Law 

nEFARTWENTOF 

livUioPORTATlON 

^.OGKET OFERATIOi^S 

^]ii m 2\ A Ri Ob 

70t DLSllOPSTREET 

HUNULULO, HAWAII 36B1J 

TELEPHOHC: mi ) iil-i'^^^ 

rAOSiMjj-E' an*) sii'iioj 

November 14, 2011 

Federa l Aviation Administration FACSIMILE AND CER-TIFIBD MAIL 

Hearing Docket CLerk, AGC-430 RETURN RECEIPT REAUESTED 

Wilbur Wright Building, Suit e 2W1000 

800 Independence Ave., S.w. 

Washington, DC 20593 

Fax: (202) 493-5142 

Re: In the Matte r of H&M Tanks, Inc. ; Case No. 2O10WP7O001O 

Enclosed ar e the origina l and one copy of the Ansv;er in th e 

above-referenced proceeding. 

Respondent MSM Tanks, inc . requests tha t the hearing in this 

matte r be held in Honolulu, Hawaii and expects tha t the 

hearing wil l last one (1) day. 

merely. 

Enclosures: Answer; Certificate of Service 

cc: Christopher Merrill, Esq. 

ORIGINAL 
11/18/2011 18:31 FAX 2024935142 FAA ^ QMS 121002/007 

n;Stanford M.J. Manula 532^704 To Respondent M&M Tanks. lnc.~s Answer re In the M iii53 11/14/1 iGMT-io Pg 03-07 

U.S DEPARTMENT OF TRANSPORTATION 

Fr-DERAL AVIATION ADMINISTRATION 

In the Matter of: 

M&M Tanks, Inc., 

Respondent. 

FAA DOCKET 

FAA CASE NO. 2010WP700010 

JUDGE NOT ASSIGNED 

ANSWER 

Pursuant co Rule 209 of the Rules of Practire [14 C.F.R. §13.209) Respondent 

M&M Tanks, fnc. hereby files its Answer to the Complaint dated October 14, 2011 

and states as follows: 

I. 

Re.ipondent M&M Tanks, Inc., was advised through a Final Notice of 

Proposed Civil Penalty dated September 27, 2011 that the FAA proposed to assess a 

civil penalty in the amount of $73,988. On October 3, 2011, Respondent submitted 

a written requestfor a hearing. 

II. 

1. RespondentM&MTanks, Inc., denies Lhe allegations of Paragraph No. 1 of the 

Complaint dated October 14, 2011. Respondent M&M Tanks, Inc., has reason to 

believe the alleged shipment on or about September 24, 2009 was unintentional as 

James P. Franks was acting at the direction of and was relying upon instructions by 

Paul Y. Yokoyama ["Yokoyama"), principal of Paul Y. Yokoyama, Inc. C'P^'^'l")- ON 

ORIGINAL 
11/18/201 1 18 32 FAX 202483514 2 FA.^^ . DMS @|003/007 

n:StanfordM.J. Manula S32-470d To:Re5pondent Mi M Tanks, Inc.'s Answer re In the M 11-.53 11/14/1 lGMT-10 Pg 04-07 

At all times pertinent herein, Yokoyama was not an employee of Respondent M&M 

Tanks, Inc., and PYYI was not a subsidiary or in any way operated by Respondent 

M&M Tanks, Inc. 

2. Respondent M&M Tanks, Inc., denies the allegations of Paragraph No. 2 of the 

Complaint dated October 14,2011. Respondent M&M Tanks, Inc., is without 

knowledge sufficient to permit Respondent to confirm that the alleged shipment on 

or about September 24, 2009 consisted of two l-gallon plastic bottles of "Brickform 

Blush Tone Acid Stain. 

3. Respondent M&M Tanks, Inc.. denies the allegations of Paragraph No. 3 ol" 

the Complaint dated October 14, 2011. Respondent M&M Tanks, Inc., is without 

. knowledge sufficient to permit Respondent to confirm that the alleged shipmen: on 

or about September 24, 2009 consisted of "Brickform" Blush Tone Acid Stain. 

4. Respondent M&M Tanks. Inc., denies the allegations of Paragraph No. 4 of the 

Complaint dated October 14, 2011. Respondent M&M Tanks, Inc., is without 

knowledge sufficient to permit Respondent to confirm that the alleged shipment on 

or about September 24, 2009 consisted of two gallons, was a quantity that exceeded 

the maximum quantity of hazardous material in a package that may be offered for 

transportation or transported aboard a passenger-carrying aircraft. 

5. RcspondentM&MTanks, Inc., denies the allegations of Paragraph No. 5 of the 

Complaint dated October 14, 2011. Respondent M&M Tanks, Inc.. was not a 

HAZMAT employer on or about September 24, 2009, Respondent M&M Tanks, Inc., 

has reason to believe the alleged shipment on or about September 24, 2009 was 

unintentional and had been requested of James P. Franks by Paul \'. Yokoyama 

2 
11/18/201 1 18:32 FAX 2024935U 2 FAA - DMS 13004/00 7 

n:Stanford M.J. Manula 532-4704 To:Respondent Mi M TanKs. Inc.'s Answer re In the M 11:53 11/14/11GMT-10 Pg 05-07 

("Yokoyama"), principal of Paul Y. Yokoyama. Inc. AL all Limes p^rtinenc herein, 

Yokoyama was not an employee of Respondent M&M Tanks. Inc., and PY^'I was not a 

subsidiary or f n any way operated by Respondent M&M Tanks, inc. 

6, Respondent M&M Tanks, Inc.. denies the allegations of Paragraph No. 6 of the 

Complaint dated October 14, 2011. James P. Franks was not a HAZMAT employee 

onoraboatSeptemher24, 2009. Respondent M&M Tanks, Inc., has reason to 

believe the ajleged shipment on or about September 24, 2009 was unintentional and 

had been requested of James P. Franks by Paul Y. Yokoyama ("Y'okoyama"), 

principal of Paul Y. Yokoyama, Inc.. At all times peninentherein, Yokoyama was 

not an employee of Respondent M&M Tanks, Inc., and PYYI was not a subsidiary or 

in any way operated by Respondent M&M Tanks, Inc. 

7. Respondent M&M Tanks. Inc., denies the allegations of Paragraph No. 7 of tiie 

Complaint dated October 14, 2011. James P. Franks was not a HAZMAT employee 

on or about September 24.2009. M&M Tanks, Inc. was not a HAZMAT employer on 

or about September 24. 2009. Respondent M&M Tanks, Inc.. has reason to believe 

the alleged shipment on or about September 24, 2009 was unintentional and had 

been requested of James P. Franks by Paul Y. Yokoyama ("Yokoyama"}, principal of 

Paul Y. Yokoyama, Inc. At all times pertinent herein, Yokoyama was not an 

employee of Respondent M&M Tanks, Inc., and PYYI was not a suh.sidiary or in any 

way operated by Respondent M&M I'anks. Inc. 

Given the foregoing Respondent M&M Tanks, Inc. also denies the allegations 

made by and contained in subparagraphs a., b., c, d., e., f, g., h.. i., j., k., and 1.. 

inclusively, rhar follow Paragraph No. 7 of the Complaint dated October 14. 2011. 

3 
n/18/20 n 183 2 FAX 2024935142 FAA ^ DMS ^005/00 7 

n:Stanford M.J. Manuia 532-4704 To:Respondent MaM Tanks. Inc.s Answer re In the M 11:53 11/14/1IGMT-IO Pg 08^37 

in. 

1. Respondent M&M Tanks, Inc.. is not liable for a civil penalty under 

Section 5123 (a) of'I'ltle 49 of the United States Code (Transport3twn)lA:9 U.S.C. 

Section 5123Ca)]. 

2. Under the facts and circumstances of this case, a civil penalty of 

$73,998.00 is not appropriate 

WHEREFORE, Respondent M&M Tanks, Inc., respectfully requests that the 

Administrative Law Judge enter an order relieving Respondent M&M Tanks, Inc., of 

being assessed a civil penalty in the amount of $73,998.00, and dismissing the 

Complaint dated October 14, 2011. 

Respectfully submitted. 

Stanford M.J. Manuia, Ersq. 

Attorney for 

Respondent M&M Tanks, Inc. 
11/18/201 1 18:32 FAX 2024935142 FAA ^ DMS [^008/00 7 

niStanford M.J. Manuia 532-4704 ToRespondent M&M TanKs. inc.'s Answer re In the M ii:S3 ll/14/ i iGMT-io Pg 07-07 

CERTIFICATE OF SFRVJCE 

1 hereby certify that on this date 1 have sent by facsimile and placed in the 

United States mail, postage prepaid, certified mail - return receipt requested, the 

executed original and one copy of the Answer, addressed as follows: 

Federal Aviation Administration 

Hearing Docket Clerk, Ar,C-430 

Wilbur Wright Building, Suite 2W1000 

• 800 Independence Avenue, S,W. 

Washington, D.C 20591 

Fax No. (202) 493-5142 

I further certify that on this date I have placed in the United States mail, 

postage prepaid, certified mail-return receipt requested, a truecopy of the Answer, 

addressed as follows: 

Christopher Merrill 

Attorney 

Officeof the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Post Office Box 92007 

Los Angeles, Cah'fomia 90009-2007 

Dated: November 14, 2011 

Stanford M.l. Manuia, Esq. 

Attorney for 

Respondent M&M Tanks, Inc. 
11/18/201 1 18:32 FAX 2024935142 FAA . DMS g|007/0O7 

n-Stanford M.J. Manuia S32-4704 To:Respondent M&M TanKS. Inc' s Answer re In the M 1153 11/14/11GMT-10 Pg 01-07 

This transmits via facsimile Respondent M&M Tanks, Inc.'s request for a hearing in Honolulu, Hawaii 

and its Answer to (he Complaint dated October 14. 2011. Hard copy is being sent today, November 

14, 2011 via certified mail - return receipt requested. 

CONFIDENTIAL COMMUNICATION 

SUBJECT TO ATTORNEY-CLIENT PRIVILEGE 

AND ATTORNEY WORK PRODUCT RULE 

STANFORD M.J. MArJUIA 

ATTORhJEV AT LAW 

701 BISHOP STREET 

HONOLULU. HAWAII 96813 

TCL NC. 806 523-5030 

FA.-; r:0 908 532-^704 

EMAIL ADDRESS; SMAtJUlA@AOL.COW 

CONFIDENTIALITY MOT ICE: This c-mad message, ncludmij any aiiachmenls. psfor die sole use oTlhc if, tended recip:ent(a) aid may coniein cor\[ideniial and'or 

privilaged infotTT.aiiOfi. Any unamnorized fevicw. uj*. copying, oiscloeuft or disrribuMon is prohr&ned K you are not the iniencea recipieni, ple^sft corlacl rne 

sender immedialsly by reply e-mail and destroy ilie criginal messago and all copies. 

Do Not Produce A Copy Or This Eimall In Discover^