49 CFR § 190.225 - Assessment considerations.

---
identifier: "/us/cfr/t49/s190.225"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 190.225 - Assessment considerations."
title_number: 49
title_name: "Transportation"
section_number: "190.225"
section_name: "Assessment considerations."
chapter_name: "PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "D"
subchapter_name: "PIPELINE SAFETY"
part_number: "190"
part_name: "PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 1321(b); 49 U.S.C. 60101"
regulatory_source: "45 FR 20413, Mar. 27, 1980, unless otherwise noted."
cfr_part: "190"
---


# 190.225 Assessment considerations.

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

(a) The Associate Administrator 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 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]