[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 49CFR209.119]



[Page 25]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                 Subpart B_Hazardous Materials Penalties

 

Sec. 209.119  Assessment considerations.



    The assessment of a civil penalty under Sec. 209.117 is made only 

after considering:

    (a) The nature and circumstances of the violation;

    (b) The extent and gravity of the violation;

    (c) The degree of the respondent's culpabilty;

    (d) The respondent's history of prior offenses;

    (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.