FAA MOVES TO PERMIT SUPERSONIC FLIGHTS OVER UNITED STATES
August 17, 2026
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On July 2, 2026, the FAA published a Notice of Proposed Rulemaking which would permit civil supersonic flight over the continental United States for the first time in more than fifty (50) years. As currently drafted, the NPRM would replace the existing categorical prohibition on overland civil supersonic flight—in effect since 1973—with a noise-based certification framework. By moving away from the current categorical overland supersonic-speed prohibition to the FAA’s proposed noise-based certification, aircraft capable of demonstrating acceptably low community noise levels would be authorized for supersonic overland operations which could lead to aircraft fleet modernization efforts among major U.S. air carriers. Given that several U.S. air carriers are already discussing purchase orders with supersonic aircraft manufacturers (e.g., Boom Supersonic), foreign air carriers with codeshare arrangements with U.S. partners should be generally aware of this NPRM due to the potential impact on codeshare passengers traveling to, from, or within the United States. If current FAA regulations prohibiting civil supersonic flight are indeed rescinded, major U.S. airports will also be tasked with analyzing noise-affected areas with potential legal challenges on the horizon from environmental groups and/or affected property owners who oppose commercial supersonic service in or around metropolitan areas within the United States. Following President Trump’s “Leading the World in Supersonic Flight” order last year, the NPRM takes an important step towards enabling supersonic flights over the continental United States with the FAA planning to finalize noise certification standards by June 6, 2027.
This Aviation Regulatory Update is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions or require additional information, please contact Evelyn D. Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew M. Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler R. Myers at 202.659.6642 or trmyers@eckertseamans.com; Xander B. Silva at 412.566.6069 or xsilva@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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