[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 902 Introduced in Senate (IS)]

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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.
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