title-14-part-91-sec91-818

763

Federal Aviation Administration, DOT

§ 91.818

that airplane has been shown to com-
ply with Stage 2 or Stage 3 noise levels
under part 36 of this chapter.

§§ 91.807–91.813

[Reserved]

§ 91.815

Agricultural and fire fighting

airplanes: Noise operating limita-
tions.

(a) This section applies to propeller-

driven, small airplanes having standard
airworthiness certificates that are de-
signed for ‘‘agricultural aircraft oper-
ations’’ (as defined in § 137.3 of this
chapter, as effective on January 1, 1966)
or for dispensing fire fighting mate-
rials.

(b) If the Airplane Flight Manual, or

other approved manual material infor-
mation, markings, or placards for the
airplane indicate that the airplane has
not been shown to comply with the
noise limits under part 36 of this chap-
ter, no person may operate that air-
plane, except—

(1) To the extent necessary to accom-

plish the work activity directly associ-
ated with the purpose for which it is
designed;

(2) To provide flight crewmember

training in the special purpose oper-
ation for which the airplane is de-
signed; and

(3) To conduct ‘‘nondispensing aerial

work operations’’ in accordance with
the requirements under § 137.29(c) of
this chapter.

§ 91.817

Civil aircraft sonic boom.

(a) No person may operate a civil air-

craft in the United States at a true
flight Mach number greater than 1 ex-
cept in compliance with conditions and
limitations in an authorization to ex-
ceed Mach 1 issued to the operator in
accordance with § 91.818.

(b) In addition, no person may oper-

ate a civil aircraft for which the max-
imum operating limit speed M

ex-

ceeds a Mach number of 1, to or from
an airport in the United States, un-
less—

(1) Information available to the

flight crew includes flight limitations
that ensure that flights entering or
leaving the United States will not
cause a sonic boom to reach the surface
within the United States; and

(2) The operator complies with the

flight limitations prescribed in para-
graph (b)(1) of this section or complies
with conditions and limitations in an
authorization to exceed Mach 1 issued
in accordance with § 91.818.

(Approved by the Office of Management and
Budget under control number 2120–0005)

[Docket No. 18334, 54 FR 34321, Aug. 18, 1989,
as amended by Amdt. No. 91–362, 86 FR 3792,
Jan. 15, 2021]

§ 91.818

Special flight authorization to

exceed Mach 1.

For all civil aircraft, any operation

that exceeds Mach 1 may be conducted
only in accordance with a special flight
authorization issued to an operator in
accordance with the requirements of
this section.

(a)

Application. Application for a spe-

cial flight authorization to exceed
Mach 1 must be made to the FAA Of-
fice of Environment and Energy for
consideration by the Administrator.
Each application must include:

(1) The name of the operator;
(2) The number and model(s) of the

aircraft to be operated;

(3) The number of proposed flights;
(4) The date range during which the

flight(s) would be conducted;

(5) The time of day the flight(s)

would be conducted. Proposed night op-
erations may require further justifica-
tion for their necessity;

(6) A description of the flight area re-

quested by the applicant, including any
environmental information required to
be submitted pursuant to paragraph (c)
of this section;

(7) All conditions and limitations on

the flight(s) that will ensure that no
measurable sonic boom overpressure
will reach the surface outside of the
proposed flight area; and

(8) The reason(s) that operation at a

speed greater than Mach 1 is necessary.
A special flight authorization to exceed
Mach 1 may be granted only for oper-
ations that are intended to:

(i) Show compliance with airworthi-

ness requirements;

(ii) Determine the sonic boom char-

acteristics of an aircraft;

(iii) Establish a means of reducing or

eliminating the effects of sonic boom,
including flight profiles and special
features of an aircraft;

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§ 91.819

(iv) Demonstrate the conditions and

limitations under which speeds in ex-
cess of Mach 1 will not cause a measur-
able sonic boom overpressure to reach
the surface; or

(v) Measure the noise characteristics

of an aircraft to demonstrate compli-
ance with noise requirements imposed
under this chapter, or to determine the
limits for operation in accordance with
§ 91.817(b).

(9) For any purpose listed in para-

graph (a)(8) of this section, each appli-
cant must indicate why its intended
operation cannot be safely or properly
accomplished over the ocean at a dis-
tance ensuring that no sonic boom
overpressure reaches any land surface
in the United States.

(b)

Operation outside a test area. An

applicant may apply for an authoriza-
tion to conduct flights outside a test
area under certain conditions and limi-
tations upon a conservative showing
that:

(1) Flight(s) within a test area have

been conducted in accordance with an
authorization issued for the purpose
specified in paragraph (a)(8)(iv) of this
section;

(2) The results of the flight test(s) re-

quired by paragraph (b)(1) of this sec-
tion demonstrate that a speed in excess
of Mach 1 does not cause a measurable
sonic boom overpressure to reach the
surface; and

(3) The conditions and limitations de-

termined by the test(s) represent all
foreseeable operating conditions and
are effective on all flights conducted
under an authorization.

(c)

Environmental findings. (1) No spe-

cial flight authorization will be grant-
ed if the Administrator finds that such
action is necessary to protect or en-
hance the environment.

(2) The Administrator is required to

consider the potential environmental
impacts resulting from the issuance of
an authorization for a particular flight
area pursuant to the National Environ-
mental Policy Act of 1969 (NEPA) (42
U.S.C 4321

et seq.), all applicable regula-

tions implementing NEPA, and related
Executive orders and guidance. Accord-
ingly, each applicant must provide in-
formation that sufficiently describes
the potential environmental impact of
any flight in excess of Mach 1, includ-

ing the effect of a sonic boom reaching
the surface in the proposed flight area,
to enable the FAA to determine wheth-
er such impacts are significant within
the meaning of NEPA.

(d)

Issuance. An authorization to op-

erate a civil aircraft in excess of Mach
1 may be issued only after an applicant
has submitted the information de-
scribed in this section and the Admin-
istrator has taken the required action
regarding the environmental findings
described in paragraph (c) of this sec-
tion.

(e)

Duration. (1) An authorization to

exceed Mach 1 will be granted for the
time the Administrator determines
necessary to conduct the flights for the
described purposes.

(2) An authorization to exceed Mach 1

is effective until it expires or is surren-
dered.

(3) An authorization to exceed Mach 1

may be terminated, suspended, or
amended by the Administrator at any
time the Administrator finds that such
action is necessary to protect the envi-
ronment.

(4) The holder of an authorization to

exceed Mach 1 may request reconsider-
ation of a termination, amendment, or
suspension issued under paragraph
(e)(3) of this section within 30 days of
notice of the action. Failure to request
reconsideration and provide informa-
tion why the Administrator’s action is
not appropriate will result in perma-
nent termination of the authorization.

(5) Findings made by and actions

taken by the Administrator under this
section do not affect any certificate
issued under chapter 447 of Title 49 of
the United States Code.

[Docket No. FAA-2019-0451; Amdt. No. 91–362,
86 FR 3792, Jan. 15, 2021]

§ 91.819

Civil supersonic airplanes that

do not comply with part 36.

(a)

Applicability. This section applies

to civil supersonic airplanes that have
not been shown to comply with the
Stage 2 noise limits of part 36 in effect
on October 13, 1977, using applicable
trade-off provisions, and that are oper-
ated in the United States, after July
31, 1978.