II 118th CONGRESS 1st Session S. 902 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.

1. Short title This Act may be cited as the Supersonic and Hypersonic Aircraft Testing Corridor Act . 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.