Multistar Industries, Inc. dba Multifrost, US DOT No. 461410
FMCSA-2013-0367 (Award by Office of Hearings)
U.S. Department of Transportation
Federal Motor Carrier Safety Administration (FMCSA)
Multistar Industries, Inc. dba Multifrost
1,930.00
Adjudication
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The Notice of Claim alleged that the Applicant violated: 1) 49 C.F.R. § 171.2(e)/173.315 by offering for transportation an unauthorized tank to transport a hazardous material in commerce, and 2) 49 C.F.R. § 173.22(b) by offering a shipment of Anhydrous Ammonia 2.2, a hazardous material, to a carrier that does not hold 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 one of the two regulatory violations contained in the Notice of Claim, and so the applicant was entitled to a reasonable award of fees and expenses.