[Code of Federal Regulations] [Title 49, Volume 3] [Revised as of October1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR190.225] [Page 14] TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED) PART 190 --PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents Subpart B--Enforcement Sec. 190.225 Assessment considerations. The Associate Administrator, OPS assesses a civil penalty under this part only after considering: (a) The nature, circumstances and gravity of the violation; (b) The degree of the respondent's culpability; (c) The respondent's history of prior offenses; (d) The respondent's ability to pay; (e) Any good faith by the respondent in attempting to achieve compliance; (f) The effect on the respondent's ability to continue in business; and (g) Such other matters as justice may require. [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18515, Apr. 26, 1996]