FAA ANNOUNCES FINAL RULE TO FACILITATE THE REINTRODUCTION OF CIVIL SUPERSONIC FLIGHT
February 24, 2021
On January 6, 2021, the FAA issued a final rule, available here, to facilitate the safe development of civil supersonic aircraft. The rule streamlines and clarifies procedures to obtain FAA approval for supersonic flight testing in the United States. The rule does not change the general prohibition against overland supersonic flight in the U.S.; rather it revises the language in part 91, appendix B, which more clearly describes the process and criteria for requesting a special flight authorization. The new rule also includes noise testing as another reason for which an authorization may be issued. It should be further noted that these procedures only cover flights intended to be conducted at supersonic speeds, and the rule does not address noise limits for supersonic aircraft during takeoff and landing, as that was addressed in a separate rulemaking in April 2020. The FAA expects this rule would eventually be used by supersonic aircraft developers to test aircraft under development at supersonic speeds. The Department and the FAA anticipate taking additional regulatory actions to enable the development of supersonic aircraft.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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