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STANFORD M. J. MANUIA 

Attorney at Law 

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November 14, 2 011 

•/federa l Aviatio n Administratio n FACSIMILE AND CERTIFIED MAIL 

Hearing Docket Clerk , AGC-430 RETURN RECEIPT REQUESTED 

Wilbur Wright Building , Suit e 2W1000 

800 Independence Ave., S.W. 

Washington, DC 20591 

Fax: (202) 493-5142 <P)6]\ - } 11 ^ 

Re: In th e Matte r of M&M Tanks, Inc. ; Case No. 2010WP700010 

Enclosed ar e th e origina l and one copy of th e Answer in th e 

above-reference d proceeding . 

Respondent M&M Tanks, Inc . requests tha t th e hearin g i n thi s 

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

hearin g wil l las t one (1) day. 

Siacerely , 

osures: Answer; Certificate of Service 

cc;- Christopher Merrill, Esq. 

RECEIVED 

NOV 2 1 20H 

HEARING DOCKET 

ORIGINAL 
11/30/201 1 12:49 FAX 2024935M 2 FAA QMS [^002/OOG 

U.S. DEPARTMENT OF TRANSPORTATfON 

FEDERAL AVIATION ADMINISTRATION 

In tho Matter of: 

M&M Tanks, Inc. 

Respondent. 

FAA DOCKET 

RECEIVED 

m y 2120H 

HEAftlWG DOCKtT 

FAA CASli: NO. 2010WP700010 

lUDGF. NOT ASSIGNED 

ANSWER 

Pursuant to Rule 209 of the Rules of Practice (U C.F.R. §13.209) Respondent 

M&M Tanks, Inc., hereby files it.s Answer to the Complaint dated October 14, 2011 

and sLates as follows: 

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

Proposed Civil Penalty dated S(5ptember 27, 2011 that the FAA propy^-ed to assess a 

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

a wTircen request for a hearing. 

[I. 

1. Respondent M&M Tanks, Inc., denies the allegations of Paragraph No. 1 of the 

ComplainL 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 

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

Paul Y. Yokoyama ("Yokoyama"), principal of Paul Y. Yokoyama, Inc. ("PYYT"). ON 

ORIGINAL 
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At all times pertinent herein, Yokoyama was not an enipluyee 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. RespondentM&M Tanks, Inc., is without 

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

orabouL September 24, 2009 consisted of two 1-gallon plastic bottles of "Brickform 

Blush Tone Acid Stain. 

3. Respondent M&M Tanks, Inc., denies the allegations of Paragraph No. 3 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 "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. RcspondenL M&M Tanks, Inc., denies the allegations of Paragraph No. 5 of the 

Complaint dated October 14, 2011. Respondent M&M Tanlcs, tnc^ 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 lames P. Franks by Paul Y. Yokoyama 

2 
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("Yokoyama") , principal of Paul Y. Yokoyama, Inc. At all times pertinent herein, 

Yokoyama was not an employeeof Respondent M&M Tanks, Inc., and FYYl wasnota 

subsidiary or in any way operated by Respondent M&M Tanks. Inc. 

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

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

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

believe the allej^ed 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, Y'okoyama was 

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

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

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

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

on or about September 24, 2009, M&M Tanks, Inc. wasnota 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 pertment herein, Yokoyama was not an 

employee of Re.-^pondent M&M Tanks, Inc., and PYYl wasnota subsidiary or in any 

way operated by Respondent M&M Tanks, 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, that follov/ Paragraph No. 7 of the Complaint dated October 14, 2011. 

3 
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in. 

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

Section 5123 (a) of Title 49 of the United States Code (Tran.sportation)[49 U.S.C 

Section 512;^(a)|. 

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

573,998.00 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 

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

Complaint dated October 1-1, 2011. 

Respectfully submitted. 

^^tanford M.I. Manuia, Esq. 

Attorney for 

Respondent M&M Tanks, Inc. 
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CERTIFICATE OF SERVICE 

1 hereby certify that on this date I 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, AGC-430 

Wilbur Wright Building, Suite 2W1000 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Fax No. (202) 493-5142 

1 further certify that on this date 1 have placed in the United States mail, 

postage prepaiJj certified mail - return receipt requested, a true copy of the Answer, 

addressed astoUows; 

Christopher Merrill 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Post Office Box 92007 

Los Angeles. California 90009-2007 

Dated: November 14. 2011 

^Stanford M.J. Manuia, Esq. 

Attorney for 

Respondent M&M Tanks, Inc.