(a) Except as provided in paragraph (c) of this section, when an aircraft engine subject to 40 CFR part 1031 is installed on an airplane that is described in this section and subject to 14 CFR chapter I, the airplane may not exceed the Greenhouse Gas (GHG) standards of this part when original civil certification under 14 CFR chapter I 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 is sought. The criteria for modified airplanes are described in § 1030.35. A modified airplane may not exceed the metric value limit of the prior version under § 1030.30.

(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.

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