---
kind: "section"
citation: "40 C.F.R. § 1030.1"
title: "40"
number: "1030.1"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/1030.1"
---

# §1030.1. Applicability.

- (a) Except as provided in [paragraph (c)](#c) of this section, when an aircraft engine subject to [40 CFR part 1031](/cfr/40/part1031.md) is installed on an airplane that is described in this section and subject to [14 CFR chapter I](/cfr/14/chI.md), the airplane may not exceed the Greenhouse Gas (GHG) standards of this part when original civil certification under [14 CFR chapter I](/cfr/14/chI.md) is sought.
  - (1) **A subsonic jet airplane that has—**
    - (i) **Either—**
      - (A) A type-certificated maximum passenger seating capacity of 20 seats or more,
      - (B) A maximum takeoff mass (MTOM) greater than 5,700 kg, and
      - (C) An application for original type certification that is submitted on or after January 11, 2021;
    - (ii) **Or—**
      - (A) A type-certificated maximum passenger seating capacity of 19 seats or fewer,
      - (B) A MTOM greater than 60,000 kg, and
      - (C) **An application for original type certification that is submitted on or after December 23, 2022.**
  - (2) **A subsonic jet airplane that has—**
    - (i) A type certificated maximum passenger seating capacity of 19 seats or fewer;
    - (ii) A MTOM greater than 5,700 kg, but not greater than 60,000 kg; and
    - (iii) **An application for original type certification that is submitted on or after January 1, 2023.**
  - (3) **A propeller-driven airplane that has—**
    - (i) A MTOM greater than 8,618 kg; and
    - (ii) **An application for original type certification that is submitted on or after January 11, 2021.**
  - (4) **A subsonic jet airplane—**
    - (i) That is a modified version of an airplane whose original type certificated version was not required to have GHG emissions certification under this part;
    - (ii) That has a MTOM greater than 5,700 kg;
    - (iii) For which an application for the modification in type design is submitted on or after January 1, 2023; and
    - (iv) For which the first certificate of airworthiness is issued for an airplane built with the modified design.
  - (5) **A propeller-driven airplane—**
    - (i) That is a modified version of an airplane whose original type certificated version was not required to have GHG emissions certification under this part;
    - (ii) That has a MTOM greater than 8,618 kg;
    - (iii) For which an application for certification that is submitted on or after January 1, 2023; and
    - (iv) For which the first certificate of airworthiness is issued for an airplane built with the modified design.
  - (6) **A subsonic jet airplane that has—**
    - (i) A MTOM greater than 5,700 kg; and
    - (ii) **Its first certificate of airworthiness issued on or after January 1, 2028.**
  - (7) **A propeller-driven airplane that has—**
    - (i) A MTOM greater than 8,618 kg; and
    - (ii) **Its first certificate of airworthiness issued on or after January 1, 2028.**
- (b) An airplane that incorporates modifications that change the fuel efficiency metric value of a prior version of airplane may not exceed the GHG standards of this part when certification under [14 CFR](/cfr/14.md) is sought. The criteria for modified airplanes are described in [§ 1030.35](/cfr/40/1030.35.md). A modified airplane may not exceed the metric value limit of the prior version under [§ 1030.30](/cfr/40/1030.30.md).
- (c) **The requirements of this part do not apply to—**
  - (1) **Subsonic jet airplanes having a MTOM at or below 5,700 kg.**
  - (2) **Propeller-driven airplanes having a MTOM at or below 8,618 kg.**
  - (3) **Amphibious airplanes.**
  - (4) **Airplanes initially designed, or modified and used, for specialized operations.** These airplane designs may include characteristics or configurations necessary to conduct specialized operations that the EPA and the FAA have determined may cause a significant increase in the fuel efficiency metric value.
  - (5) **Airplanes designed with a reference geometric factor of zero.**
  - (6) **Airplanes designed for, or modified and used for, firefighting.**
  - (7) **Airplanes powered by reciprocating engines.**

## Notes

### Amendments

[86 FR 2171, Jan. 11, 2021, as amended at 87 FR 72351, Nov. 23, 2022]

### Authority

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

### Source

Source: 86 FR 2171, Jan. 11, 2021, unless otherwise noted.

### Amendments

[86 FR 2171, Jan. 11, 2021, as amended at 87 FR 72351, Nov. 23, 2022]