Sec. 181. FAA LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT
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## SEC. 181 FAA LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT **[**[49 U.S.C. 40101 note](/us/usc/t49/s40101)**]** ###
(a)In General The Administrator of the Federal Aviation Administration shall exercise leadership in the creation of Federal and international policies, regulations, standards, and recommended practices relating to the certification and safe and efficient operation of civil supersonic aircraft. ###
(b)Exercise of Leadership In carrying out subsection (a), the Administrator shall— ####
(1)consider the needs of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe commercial deployment of civil supersonic aircraft technology and the safe and efficient operation of civil supersonic aircraft; and ####
(2)obtain the input of aerospace industry stakeholders regarding— #####
(A)the appropriate regulatory framework and timeline for permitting the safe and efficient operation of civil supersonic aircraft within United States airspace, including updating or modifying existing regulations on such operation; #####
(B)issues related to standards and regulations for the type certification and safe operation of civil supersonic aircraft, including noise certification, including— ######
(i)the operational differences between subsonic aircraft and supersonic aircraft; ######
(ii)costs and benefits associated with landing and takeoff noise requirements for civil supersonic aircraft, including impacts on aircraft emissions; ######
(iii)public and economic benefits of the operation of civil supersonic aircraft and associated aerospace industry activity; and ######
(iv)challenges relating to ensuring that standards and regulations aimed at relieving and protecting the public health and welfare from aircraft noise and sonic booms are economically reasonable, technologically practicable, and appropriate for civil supersonic aircraft; and #####
(C)other issues identified by the Administrator or the aerospace industry that must be addressed to enable the safe commercial deployment and safe and efficient operation of civil supersonic aircraft. ###
(c)International Leadership The Administrator, in the appropriate international forums, shall take actions that— ####
(1)demonstrate global leadership under subsection (a); ####
(2)address the needs of the aerospace industry identified under subsection (b); and ####
(3)protect the public health and welfare. ###
(d)Report to Congress Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report detailing— ####
(1)the Administrator’s actions to exercise leadership in the creation of Federal and international policies, regulations, and standards relating to the certification and safe and efficient operation of civil supersonic aircraft; ####
(2)planned, proposed, and anticipated actions to update or modify existing policies and regulations related to civil supersonic aircraft, including those identified as a result of industry consultation and feedback; and ####
(3)a timeline for any actions to be taken to update or modify existing policies and regulations related to civil supersonic aircraft. ###
(e)Long-term Regulatory Reform ####
(1)Noise standards Not later than March 31, 2020, the Administrator shall issue a notice of proposed rulemaking to revise part 36 of title 14, Code of Federal Regulations, to include supersonic aircraft in the applicability of such part. The proposed rule shall include necessary definitions, noise standards for landing and takeoff, and noise test requirements that would apply to a civil supersonic aircraft. ####
(2)Special flight authorizations Not later than December 31, 2019, the Administrator shall issue a notice of proposed rulemaking to revise appendix B of part 91 of title 14, Code of Federal Regulations, to modernize the application process for a person applying to operate a civil aircraft at supersonic speeds for the purposes stated in that rule. ###
(f)Near-Term Certification of Supersonic Civil Aircraft ####
(1)In general If a person submits an application requesting type certification of a civil supersonic aircraft pursuant to part 21 of title 14, Code of Federal Regulations, before the Administrator promulgates a final rule amendingpart 36 of title 14, Code of Federal Regulations, in accordance with subsection (e)(1), the Administrator shall, not later than 18 months after having received such application, issue a notice of proposed rulemaking applicable solely for the type certification, inclusive of the aircraft engines, of the supersonic aircraft design for which such application was made. ####
(2)Contents A notice of proposed rulemaking described in paragraph
(1)shall— #####
(A)address safe operation of the aircraft type, including development and flight testing prior to type certification; #####
(B)address manufacturing of the aircraft; #####
(C)address continuing airworthiness of the aircraft; #####
(D)specify landing and takeoff noise standards for that aircraft type that the Administrator considers appropriate, practicable, and consistent with section 44715 of title 49, United States Code; and #####
(E)consider differences between subsonic and supersonic aircraft including differences in thrust requirements at equivalent gross weight, engine requirements, aerodynamic characteristics, operational characteristics, and other physical properties. ####
(3)Noise and performance data The requirement of the Administrator to issue a notice of proposed rulemaking under paragraph
(1)shall apply only if an application contains sufficient aircraft noise and performance data as the Administrator finds necessary to determine appropriate noise standards and operating limitations for the aircraft type consistent with section 44715 of title 49, United States Code. ####
(4)Final rule Not later than 18 months after the end of the public comment period provided in the notice of proposed rulemaking required under paragraph (1), the Administrator shall publish in the Federal Register a final rule applying solely to the aircraft model submitted for type certification. ####
(5)Review of rules of civil supersonic flights Beginning December 31, 2020, and every 2 years thereafter, the Administrator shall review available aircraft noise and performance data, and consult with heads of appropriate Federal agencies, to determine whether section 91.817 of title 14, Code of Federal Regulations, and Appendix B of part 91 of title 14, Code of Federal Regulations, may be amended, consistent with section 44715 of title 49, United States Code, to permit supersonic flight of civil aircraft over land in the United States. ####
(6)Implementation of noise standards The portion of the regulation issued by the Administrator of the Federal Aviation Administration titled “Revision of General Operating and Flight Rules” and published in the Federal Register on August 18, 1989 (54 Fed. Reg. 34284) that restricts operation of civil aircraft at a true flight Mach number greater than 1 shall have no force or effect beginning on the date on which the Administrator publishes in the Federal Register a final rule specifying sonic boom noise standards for civil supersonic aircraft. ###
(g)Additional Reports ####
(1)Initial progress report Not later than 1 year after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress a report describing— #####
(A)the progress of the actions described in subsection (d)(1); #####
(B)any planned, proposed, or anticipated action to update or modify existing policies and regulations related to civil supersonic aircraft, including such actions identified as a result of stakeholder consultation and feedback (such as landing and takeoff noise); and #####
(C)any other information determined appropriate by the Administrator. ####
(2)Subsequent report Not later than 2 years after the date on which the Administrator submits the initial progress report under paragraph (1), the Administrator shall update the report described in paragraph
(1)and submit to the appropriate committees of Congress such report.
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- 54 FR 34284
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