[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.331]

[Page 40-41]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart D_Enforcement
 
Sec. 107.331  Assessment considerations.

    After finding a knowing violation under this subpart, the Office of 
Chief Counsel assesses a civil penalty taking the following into 
account:
    (a) The nature and circumstances of the violation;
    (b) The extent and gravity of the violation;
    (c) The degree of the respondent's culpability;
    (d) The respondent's prior violations;

[[Page 41]]

    (e) The respondent's ability to pay;
    (f) The effect on the respondent's ability to continue in business; 
and
    (g) Such other matters as justice may require.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-30, 58 
FR 50500, Sept. 27, 1993; Amdt. 107-38, 61 FR 21100, May 9, 1996]

                           Criminal Penalties