49 C.F.R. § 190.225 Assessment considerations.
Title 49 - Transportation
In determining the amount of a civil penalty under this part, (a) The Associate Administrator, OPS shall consider: (1) The nature, circumstances and gravity of the violation, including adverse impact on the environment; (2) The degree of the respondent's culpability; (3) The respondent's history of prior offenses; (4) The respondent's ability to pay; (5) Any good faith by the respondent in attempting to achieve compliance; (6) The effect on the respondent's ability to continue in business; and (b) The Associate Administrator, OPS may consider: (1) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and (2) Such other matters as justice may require. [70 FR 11137, Mar. 8, 2005]
Title 49: Transportation
PART 190—PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES
Subpart B—Enforcement
Civil Penalties
§ 190.225 Assessment considerations.