; and (ii) with respect to the violator, the degree of culpability, any history of prior violations, and the size of the business concern. (D) Remedial action The Administrator may permit a production certificate holder to present a nonconforming aircraft to the Administrator for an airworthiness certificate if— (i) the Administrator determines the nonconformity, when compared to the configuration approved as part of the type design, does not diminish by any degree the aircraft’s safe operation without any change in flight crew operating procedures; (ii) the Administrator determines the nonconformity was not the product of an intentional decision by the production certificate holder to alter the aircraft’s configuration from the approved type design; (iii) the production certificate holder has fully complied with subparagraph (E); (iv) the production certificate holder agrees to correct the nonconformity on all nonconforming aircraft within a timeframe that is— (I) prescribed by the Administrator; and (II) commensurate with the severity of the nonconformity; (v) the production certificate holder informs a person who is to take delivery of the nonconforming aircraft of the nonconformance prior to its delivery; and (vi) the production certificate holder agrees not to impose any penalty, financial or otherwise, on a person that chooses to delay the delivery of a nonconforming aircraft until the production certificate holder, to the Administrator’s satisfaction, conforms the aircraft to the approved type design of such aircraft. (E) Notification and proposed remedial action A production certificate holder shall, within 5 days of determining that such production certificate holder delivered a nonconforming aircraft, notify the Administrator, the purchaser of the airplane, and (if the purchaser is a lessor) the intended operator of the airplane, if known. A notification under this clause shall describe— (i) the nonconformity in detail