§190.225 Assessment considerations.

In determining the amount of a civil penalty under this part,

(a)  The Associate Administrator [the Associate Administrator for Pipeline Safety, or his or her delegate] 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 [a person upon whom OPS has served an enforcement action described in this part] 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.

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