[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.331]



[Page 40]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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;

    (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