§190.225. Assessment considerations.

49 C.F.R. § 190.225

In determining the amount of a civil penalty under this part,

(a)

The Associate Administrator will 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)

Any good faith by the respondent in attempting to achieve compliance;

(5)

The effect on the respondent's ability to continue in business; and

(b)

The Associate Administrator 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.

Notes, amendments, and revision history

[Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]

Authority: 33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq.

Source: 45 FR 20413, Mar. 27, 1980, unless otherwise noted.

[Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]