Obd readiness is the word I was looking for. Some emissions testing facilities will not fail you on one not being ready. I've read Texas is one state. I have yet to check my state, but if your state allows two readiness faults, then the tune would work.

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2001 E53 4.4 Alpine White, Sports Package
2000 E36/7 2.8 5 speed Bright Red w/ a HT!