Sec. 1009. HIGH-SPEED FLIGHT TESTING
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## SEC. 1009 HIGH-SPEED FLIGHT TESTING **[**[49 U.S.C. 44701 note](/us/usc/t49/s44701)**]** ###
(a)In General The Administrator, in consultation with the Administrator of NASA, shall establish procedures for the exclusive purposes of developmental and airworthiness testing and demonstration flights, which may include the establishment of high-speed testing corridors in the national airspace system— ####
(1)with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with supersonic speed, not later than 1 year after the date of enactment of this Act; and ####
(2)with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with hypersonic speed, not later than 2 years after the date of enactment of this Act. ###
(b)Areas of Testing and Demonstration The Administrator shall take action, as appropriate, to ensure flight testing and demonstration flights occur in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system. ###
(c)Considerations In carrying out subsection (a), the Administrator shall consider— ####
(1)sections 91.817 and 91.818 of title 14, Code of Federal Regulations; ####
(2)applications for special flight authorizations for flights operating at supersonic or hypersonic speed, as described in section 91.818 of such title; ####
(3)the environmental impacts of developmental and airworthiness testing operations; ####
(4)requiring applicants to include specification of proposed flight areas; ####
(5)the authorization of flights to and from airports in Class D airspace within 10 nautical miles of oceanic coastline; ####
(6)developing the vertical limits at or above the altitude necessary for safe supersonic and hypersonic operations; ####
(7)proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressures; ####
(8)the safety of the uninvolved public; and ####
(9)community outreach, education, and engagement. ###
(d)Consultation Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Environmental Protection Agency and other stakeholders, shall assess and report to the covered committees of Congress on a means for supporting continued compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Administrator shall seek to enter into an agreement with an appropriate federally funded research and development center, or other independent nonprofit organization that recommends long term solutions for maintaining compliance with such Act for 1 or more over-land or near-land hypersonic and supersonic test areas as established by the Administrator. ###
(e)Definitions In this section: ####
(1)High-speed aircraft The term “high-speed aircraft” means an aircraft operating at speeds in excess of Mach 1, including supersonic and hypersonic aircraft. ####
(2)Hypersonic The term “hypersonic” means flights operating at speeds that exceed Mach 5. ####
(3)Supersonic The term “supersonic” means flights operating at speeds in excess of Mach 1 but less than Mach 5.
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