Code of Federal Regulations · Section

§ 1036.440 — Warranty Obligations Related To In-use Testing

40 C.F.R. § 1036.440

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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).