[Code of Federal Regulations]


[Title 49, Volume 2, Parts 100 to 185]


[Revised as of October 1, 1998]


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


[CITE: 49CFR107.331]





[Page 36]


 


                        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;


    (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