49 CFR §190.225

1. (a)The Associate Administrator will consider:
   1. (1)The nature, circumstances and gravity of the violation, including adverse impact on the environment;
   2. (2)The degree of the respondent's culpability;
   3. (3)The respondent's history of prior offenses;
   4. (4)Any good faith by the respondent in attempting to achieve compliance;
   5. (5)The effect on the respondent's ability to continue in business; and
2. (b)The Associate Administrator may consider:
   1. (1)The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and
   2. (2)Such other matters as justice may require.