[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 902 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 902
To require the Administrator of the Federal Aviation Administration to
designate an overland supersonic and hypersonic testing corridor in the
United States to test military passenger and non-passenger aircraft,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Administrator of the Federal Aviation Administration to
designate an overland supersonic and hypersonic testing corridor in the
United States to test military passenger and non-passenger aircraft,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supersonic and Hypersonic Aircraft
Testing Corridor Act''.
SEC. 2. DESIGNATION OF OVERLAND SUPERSONIC AND HYPERSONIC TESTING
CORRIDOR.
(a) Designation.--
(1) In general.--Notwithstanding section 91.817 of title
14, Code of Federal Regulations, not later than 180 days after
the date of enactment of this section, the Administrator of the
Federal Aviation Administration (in this section referred to as
the ``Administrator''), in consultation with the Secretary of
Defense, shall designate an overland supersonic and hypersonic
testing corridor in the United States that runs from Edwards
Air Force Base, California to the Utah Test and Training Range
and Dugway Proving Ground in Utah for the purposes described in
subsection (b).
(2) Requirements.--
(A) Military operation areas.--In designating the
corridor under paragraph (1), the Administrator shall--
(i) to the extent practicable, designate
the corridor within existing military operation
areas (in this section referred to as ``MOA'')
in the area described in such paragraph; or
(ii) if necessary, designate new MOA
airspace to complete the corridor and ensure
that the corridor is suitable for testing.
(B) Increased altitude.--The Administrator shall--
(i) set the vertical limits in the corridor
designated under paragraph (1) at FL 1000; and
(ii) increase, as necessary, the vertical
limit of any existing MOA in the corridor to FL
1000.
(b) Purposes of Designated Corridor.--The corridor designated under
subsection (a)(1) shall be used for the following purposes:
(1) To test supersonic and hypersonic military passenger
aircraft and military non-passenger aircraft.
(2) To test supersonic and hypersonic civil aircraft
subject to subsection (e).
(c) Testing Requirements.--Any supersonic or hypersonic aircraft
testing in the corridor designated under subsection (a)(1) shall meet
the following requirements:
(1) The testing shall only occur from sunrise to sunset.
(2) The testing shall not include any commercial passengers
or commercial cargo.
(d) Special Flight Authorization Requirements.--With respect to
special flight authorizations under section 91.818(c) of title 14, Code
of Federal Regulations, for civil aircraft testing as described in
subsection (b)(2), the Administrator shall do the following:
(1) Permit sonic boom overpressure.--In considering the
environmental findings to grant a special flight authorization,
the Administrator shall permit a measurable amount of sonic
boom overpressure outside of the corridor designated under
subsection (a)(1), as long as the available data is sufficient
for the Administrator to determine that the sonic boom
overpressure does not significantly affect the quality of the
human environment.
(2) Noise impact data.--
(A) In general.--Subject to subparagraph (B), in
considering the environmental findings to grant a
special flight authorization, the Administrator shall
not require any additional environmental impact
analysis regarding noise impact if--
(i) an applicant presents data generated
from FAA-approved software; and
(ii) such data reasonably demonstrates that
there is no additional noise impact due to the
applicant's testing of supersonic or hypersonic
civil aircraft.
(B) Exception.--The Administrator may require an
additional environmental impact analysis regarding
noise impact if the Administrator certifies that
extraordinary circumstances exist to justify such
additional analysis.
(3) Reuse of research and findings.--The Administrator
shall reuse any applicable research and findings from a prior
supersonic or hypersonic civil aircraft test and incorporate
such research and findings into any applicable analysis
necessary to grant a special flight authorization if the prior
supersonic or hypersonic civil aircraft test--
(A) was under similar conditions to the testing
proposed by the applicant for the special flight
authorization; and
(B) considered similar issues or decisions as the
testing proposed by the applicant for the special
flight authorization.
(e) Civil Testing.--The Secretary of Defense shall allow civil
aircraft testing as described in subsection (b)(2), unless--
(1) such testing would interfere with any military
operations or testing in the corridor; or
(2) the Administrator has not granted a special flight
authorization under section 91.818(c) of title 14, Code of
Federal Regulations, for such testing.
<all>