40 CFR § 94.510
Compliance with criteria for production line testing
June 9, 2020
(a) A failed engine is one whose final test results pursuant to §94.508(c), for one or more of the applicable pollutants, exceed an applicable emission standard or FEL.
(b) A Category 1 or Category 2 engine family is deemed to be in noncompliance, for purposes of this subpart, if at any time throughout the model year, the average of an initial failed engine and the two additional engines tested, is greater than any applicable emission standard or FEL.
[64 FR 73331, Dec. 29, 1999, as amended at 68 FR 9787, Feb. 28, 2003]