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Clayton Tanabe, Honolulu, HI

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Released: May 30, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Clayton Tanabe
) File No. EB-FIELDWR-13-00008840
M/V KANDI-L, HA7499E
)
Honolulu, Hawaii
)
NOV No. V201332860013
)

NOTICE OF VIOLATION

Released: May 30, 2013

By the Resident Agent, Honolulu Resident Agent Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s Rules,1 to Clayton Tanabe, registered owner of Emergency Indicating Radio Beacon
(EPIRB) associated with the vessel KANDI-I, HA7499E, in Honolulu, Hawaii. Pursuant to Section
1.89(a) of the Rules, issuance of this Notice does not preclude the Enforcement Bureau from further
action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation(s)
noted herein.2
2.
On May 22, 2013 an agent of the Enforcement Bureau’s Honolulu Resident Agent Office
inspected the EPIRB registered to Clayton Tanabe, located at the Ke’ehi refuse transfer center, and
observed the following violation:
47 C.F.R. § 80.89(a): “Stations must not engage in superfluous
radiocommunication.” Transmissions by EPIRBs are intended to be actuated
manually or automatically and operated automatically as part of a ship or a survival
craft station as a locating aid for survival purposes. At the time of the inspection, the
agent found that the EPIRB had been disposed of and activated.
3.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and
Section 1.89 of the Commission's Rules, we seek additional information concerning the violations and
any remedial actions taken. Therefore, Clayton Tanabe must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response (i) must fully explain each
violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 308(b).

Federal Communications Commission

specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time
line for completion of any pending corrective action(s). The response must be complete in itself and must
not be abbreviated by reference to other communications or answers to other notices.4
4.
In accordance with Section 1.16 of the Commission’s Rules, we direct Clayton Tanabe to
support his response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by Clayton Tanabe or an authorized officer of Clayton Tanabe with personal knowledge of the
representations provided in the response, verifying the truth and accuracy of the information therein,5 and
confirming that all of the information requested by this Notice which is in the licensee’s possession,
custody, control, or knowledge has been produced. To knowingly and willfully make any false statement
or conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of
the U.S. Code.6
5.
All replies and documentation sent in response to this Notice should be marked with the
File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Honolulu Resident Agent Office
POB 971030
Waipahu, Hawaii 96797-1030
6.
This Notice shall be sent to Clayton Tanabe at his address of record.


4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Commission’s Rules provides that “[a]ny document to be filed with the Federal
Communications Commission and which is required by any law, rule or other regulation of the United States to be
supported, evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath
or affidavit by the person making the same, may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such person . . . . Such declaration shall be
subscribed by the declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I
declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)’.” 47 C.F.R. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

7.
The Privacy Act of 19747 requires that we advise you that the Commission will use all
relevant material information before it, including any information disclosed in your reply, to determine
what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
John R. Raymond
Resident Agent
Honolulu Resident Agent Office
Western Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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