; and (ii) publishes that determination under subparagraph (A)(ii). (C) Failure to make determination If the Administrator fails to make a determination under subparagraph (A) by the applicable date under that subparagraph, the Administrator shall be deemed to have determined that 98 research octane number gasoline can be made readily available nationwide for purposes of subparagraph (B). (d) Violations (1) Manufacturers (A) In general Any manufacturer who violates subsection (b)(1) or (c)(1) shall be subject to a civil penalty of not more than $5,000 for each offense. (B) Separate offenses Any violation described in subparagraph (A) shall constitute a separate offense with respect to each motor vehicle. (2) Fuel retailer (A) In general Any fuel retailer who violates subsection (b)(2) or (c)(2) shall be subject to a civil penalty of not more than $2,500 for each offense. (B) Separate offense Any violation described in subparagraph (A) with respect to dispensing equipment shall constitute a separate offense with respect to each unit of dispensing equipment in violation of the applicable subsection described in that subparagraph. 264. Misfueling (a) Prohibitions against tampering and defeat devices for motor vehicles In lieu of applying section 203(a)(3) with respect to the requirements of this part, the following shall apply: (1) No person shall— (A) remove or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (b)(1) or (c)(1) of section 263 prior to its sale and delivery to the ultimate purchaser