EAJA Awards (#198115)

Hector Garza dba Trinity Transports, US DOT No. 2131513
FMCSA-2013-0356 (Award by Office of Hearings)
U.S. Department of Transportation
Federal Motor Carrier Safety Administration (FMCSA)
Hector Garza dba Trinity Transports
1,800.00
Adjudication
Double click on hyperlink: https://www.regulations.gov/searchResults?rpp=25&so=DESC&sb=postedDate&po=0&s=FMCSA-2013-0356&fp=true&dct=FR%2BPR%2BN%2BO
The Notice of Claim alleged that the Applicant violated: 1) 49 C.F.R. § 173.24(b)(1) by offering or transporting hazardous materials in a package that had an identifiable release of haardous materials to the environment; 2) 49 C.F.R. § 177.801 by using an unauthorized tank to transport Anhydrous Ammonia 2.2, a hazardous material in interstate commerce; and 3) 49 C.F.R. § 385.403 by transporting Anhydrous Ammonia 2.2, a hazardous material, prior to obtaining a Hazardous Materials Safety Permit.
The applicant met its burden to prove its eligibility for an EAJA award. The Agency was only substantially justified in alleging the applicant committed two of the three regulatory violations contained in the Notice of Claim, and so the applicant was entitled to a reasonable award of fees and expenses.