{"data":{"id":"us/40-cfr-86.1917","jurisdiction":"us","citation":"40 CFR 86.1917","heading":"How does in-use testing under this subpart relate to the emission-related warranty in Section 207(a)(1) of the Clean Air Act?","body":"(a) An exceedance of the NTE found through the in-use testing program under this subpart is not by itself sufficient to show a breach of warranty under Clean Air Act section 207(a)(1) (42 U.S.C. 7541(a)(1)). A breach of warranty would also require one of the following things:\n(1) That, at the time of sale, the engine or vehicle was designed, built, and equipped in a manner that does not conform in all material respects reasonably related to emission controls to the engine as described in the application for certification and covered by the certificate; or\n(2) A defect in materials or workmanship of a component causes the vehicle or engine to fail to conform to the applicable regulations for its useful life.\n(b) To the extent that in-use NTE testing does not reveal such a material deficiency at the time of sale in the design or manufacture of an engine compared with the certified engine, or a defect in the materials and workmanship of a component or part, test results showing an exceedance of the NTE by itself would not show a breach of the warranty under 42 U.S.C. 7541(a)(1).","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER C—AIR PROGRAMS","PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES","Subpart T—Manufacturer-Run In-Use Testing Program for Heavy-Duty Diesel Engines"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"0745d6efff3f5255c7c2708f068dd9dc7695464e823a86f706804636ca3308f1","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-86.1915","next":"us/40-cfr-86.1920"},"notice":"GroundRules: Original legal text. Not legal advice."}