title-14-part-91-sec91-819

764

14 CFR Ch. I (1–1–24 Edition)

§ 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.

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Federal Aviation Administration, DOT

§ 91.851

(b)

Airport use. Except in an emer-

gency, the following apply to each per-
son who operates a civil supersonic air-
plane to or from an airport in the
United States:

(1) Regardless of whether a type de-

sign change approval is applied for
under part 21 of this chapter, no person
may land or take off an airplane cov-
ered by this section for which the type
design is changed, after July 31, 1978, in
a manner constituting an ‘‘acoustical
change’’ under § 21.93 unless the acous-
tical change requirements of part 36
are complied with.

(2) No flight may be scheduled, or

otherwise planned, for takeoff or land-
ing after 10 p.m. and before 7 a.m. local
time.

§ 91.821

Civil supersonic airplanes:

Noise limits.

Except for Concorde airplanes having

flight time before January 1, 1980, no
person may operate in the United
States, a civil supersonic airplane that
does not comply with Stage 2 noise
limits of part 36 in effect on October 13,
1977, using applicable trade-off provi-
sions.

§§ 91.823–91.849

[Reserved]

§ 91.851

Definitions.

For the purposes of §§ 91.851 through

91.877 of this subpart:

Chapter 4 noise level means a noise

level at or below the maximum noise
level prescribed in Chapter 4, Para-
graph 4.4, Maximum Noise Levels, of
the International Civil Aviation Orga-
nization (ICAO) Annex 16, Volume I,
Amendment 7, effective March 21, 2002.
The Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51 approved the incorporation
by reference of this document, which
can be obtained from the International
Civil Aviation Organization (ICAO),
Document Sales Unit, 999 University
Street, Montreal, Quebec H3C 5H7, Can-
ada. Also, you may obtain documents
on the Internet at

http://www.ICAO.int/

eshop/index.cfm. Copies may be reviewed
at the U.S. Department of Transpor-
tation, Docket Operations, West Build-
ing Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590 or at the National Archives

and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to:

http://www.archives.gov/

federal

register/

code

federal

regulations/

ibr

locations.html.

Contiguous United States means the

area encompassed by the 48 contiguous
United States and the District of Co-
lumbia.

Fleet means those civil subsonic jet

(turbojet) airplanes with a maximum
certificated weight of more than 75,000
pounds that are listed on an operator’s
operations specifications as eligible for
operation in the contiguous United
States.

Import means a change in ownership

of an airplane from a non-U.S. person
to a U.S. person when the airplane is
brought into the United States for op-
eration.

Operations specifications means an

enumeration of airplanes by type,
model, series, and serial number oper-
ated by the operator or foreign air car-
rier on a given day, regardless of how
or whether such airplanes are formally
listed or designated by the operator.

Owner means any person that has in-

dicia of ownership sufficient to register
the airplane in the United States pur-
suant to part 47 of this chapter.

New entrant means an air carrier or

foreign air carrier that, on or before
November 5, 1990, did not conduct oper-
ations under part 121 or 129 of this
chapter using an airplane covered by
this subpart to or from any airport in
the contiguous United States, but that
initiates such operation after that
date.

Stage 2 noise levels mean the require-

ments for Stage 2 noise levels as de-
fined in part 36 of this chapter in effect
on November 5, 1990.

Stage 3 noise levels mean the require-

ments for Stage 3 noise levels as de-
fined in part 36 of this chapter in effect
on November 5, 1990.

Stage 4 noise level means a noise level

at or below the Stage 4 noise limit pre-
scribed in part 36 of this chapter.

Stage 2 airplane means a civil sub-

sonic jet (turbojet) airplane with a
maximum certificated weight of 75,000
pounds or more that complies with