---
kind: "section"
citation: "49 C.F.R. § 190.225"
title: "49"
number: "190.225"
heading: "Assessment considerations."
url: "https://uscodex.org/cfr/49/190.225"
---

# §190.225. Assessment considerations.


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

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

### Authority

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

### Source

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

### Amendments

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