---
kind: "section"
citation: "40 C.F.R. § 86.1917"
title: "40"
number: "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?"
url: "https://uscodex.org/cfr/40/86.1917"
---

# §86.1917. How does in-use testing under this subpart relate to the emission-related warranty in Section 207(a)(1) of the Clean Air Act?

- (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)](/cfr/40/207.md?p=a-1) ([42 U.S.C. 7541(a)(1)](/usc/42/7541.md?p=a-1)). A breach of warranty would also require one of the following things:
  - (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
  - (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.
- (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)](/usc/42/7541.md?p=a-1).

## Notes

### Source

Source: 70 FR 34619, June 14, 2005, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401-7671q.