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Registration of 2.0 Liter Subject Vehicles
The Beneficiary certifies, for the benefit of the parties to the Consent Decree (including the Settling Defendants) and the owners from time-to-time of 2.0 Liter Subject Vehicles, that upon becoming a Beneficiary, the Beneficiary:
(a) Shall not deny registration to any Subject Vehicle based solely on: i. The presence of a defeat device or AECD covered by the resolution of claims in the Consent Decree; or ii. Emissions resulting from such a defeat device or AECD; or iii. The availability of an Approved Emissions Modification or the Buyback, Lease Termination, and Owner/Lessee Payment Program.
(b) Shall not deny registration to any Subject Vehicle that has received an Approved Emissions Modification based solely on: i. The fact that the vehicle received the Approved Emissions Modification; or ii. Emissions resulting from the modification (including but not limited to the anticipated emissions described in Appendix B to the Consent Decree); or iii. Other emissions-related vehicle characteristics that result from the modification; or iv. The availability of an Approved Emissions Modification or the Buyback, Lease Termination, and Owner/Lessee Payment Program.
(c) May identify 2.0 Liter Subject Vehicles as having received, or not received, the Approved Emissions Modification on the basis of VIN-specific information provided to the Beneficiary by the Settling Defendants.
(d) Notwithstanding the foregoing, the Beneficiary may deny registration to any Subject Vehicle on the basis that the Subject Vehicle fails to meet EPA’s or the Beneficiary’s failure criteria for the onboard diagnostic (OBD) inspection; or on other grounds authorized or required under applicable federal regulations (including an approved State Implementation Plan) or under Section 209 or 177 of the Clean Air Act and not explicitly excluded in subparagraphs 9(a)-(b).
