Usdot

Petitioner Multistar Industries, Inc. (“Multistar”) is a for-hire motor carrier engaged in the business of transporting hazardous materials. As a result of a recent compliance review of Multistar’s operations, conducted by the U.S. Department of Transportation Federal Motor Carrier Safety Administration (“FMCSA” or “the agency”), Multistar was assigned an “unsatisfactory” safety rating and, as a consequence, ordered to cease operations. The agency denied Multistar’s subsequent administrative appeal, which challenged certain violations discovered during the compliance review.

Multistar now petitions for review of FMCSA’s order, and, in a separate petition for review, challenges the agency’s denial of Multistar’s petition for administrative review. We dismiss in part and deny in part the consolidated petitions.

I. Statutory and Regulatory Background

Congress has directed the Secretary of Transportation to “determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things ... [the] safety inspection record of such owner or operator.” 49 U.S.C. § 31144 (a)(1). To do so, the Secretary is directed to “maintain by…