40 C.F.R. § 1036.440
Warranty obligations related to in-use testing.
Cite as 40 C.F.R. § 1036.440 (2026)
Testing under this subpart that finds an engine exceeding emission standards under this subpart is not by itself sufficient to show a breach of warranty under 42 U.S.C. 7541(a)(1). A breach of warranty would also require that engines fail to meet one or both of the conditions specified in § 1036.120(a).
- Cross-references to the US Code
- 42:7541
- Cross-references to the CFR
- 1036.120