nonconforming aircraft
(3) Nonconformity with approved type design.— (A) In general .— Consistent with the requirements of paragraph (1), a holder of a production certificate for an aircraft may not present a nonconforming aircraft, either directly or through the registered owner of such aircraft or a person described in paragraph (2), to the Administrator for issuance of an initial airworthiness certificate. (B) Civil penalty .— Notwithstanding section 46301, a production certificate holder who knowingly violates subparagraph (A) shall be liable to the Administrator for a civil penalty of not more than $1,000,000 for each nonconforming aircraft. (C) Penalty considerations .— In determining the amount of a civil penalty under subparagraph (B), the Administrator shall consider— (i) the nature, circumstances, extent, and gravity of the violation, including the length of time the nonconformity was known by the holder of a production certificate but not disclosed; and (ii) with respect to the violator, the degree of culpability, any history of prior violations, and the size of the business concern. (D) Nonconforming aircraft defined .— In this paragraph, the term “nonconforming aircraft” means an aircraft that does not conform to the approved type design for such aircraft type.