CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 105–199) > SUBCHAPTER D—PIPELINE SAFETY (Parts 186–199) > PART 190—PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES > SUBPART B—Enforcement (§190.201 to §190.237) > 190.225—Assessment considerations.

190.225—Assessment considerations.

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]