40 CFR §1036.440
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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).