[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR91 App B]

[Page 628-629]

                     TITLE 14--AERONAUTICS AND SPACE

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
                               (CONTINUED)

PART 91_GENERAL OPERATING AND FLIGHT RULES--Table of Contents

        Subpart L_Continued Airworthiness and Safety Improvements

   Sec. Appendix B to Part 91--Authorizations To Exceed Mach 1 (Sec.
                                 91.817)

                         Section 1. Application

    (a) An applicant for an authorization to exceed Mach 1 must apply in
a form and manner prescribed by the Administrator and must comply with
this appendix.
    (b) In addition, each application for an authorization to exceed
Mach 1 covered by section 2(a) of this appendix must contain all
information requested by the Administrator necessary to assist him in
determining whether the designation of a particular test area or
issuance of a particular authorization is a ``major Federal action
significantly affecting the quality of the human environment'' within
the meaning of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), and to assist him in complying with that act and with
related Executive Orders, guidelines, and orders prior to such action.
    (c) In addition, each application for an authorization to exceed
Mach 1 covered by section 2(a) of this appendix must contain--
    (1) Information showing that operation at a speed greater than Mach
1 is necessary to accomplish one or more of the purposes specified in
section 2(a) of this appendix, including a showing that the purpose of
the test cannot be safely or properly accomplished by overocean testing;
    (2) A description of the test area proposed by the applicant,
including an environmental analysis of that area meeting the
requirements of paragraph (b) of this section; and
    (3) Conditions and limitations that will ensure that no measurable
sonic boom overpressure will reach the surface outside of the designated
test area.
    (d) An application is denied if the Administrator finds that such
action is necessary to protect or enhance the environment.

                           Section 2. Issuance

    (a) For a flight in a designated test area, an authorization to
exceed Mach 1 may be issued when the Administrator has taken the
environmental protective actions specified in section 1(b) of this
appendix and the applicant shows one or more of the following:
    (1) The flight is necessary to show compliance with airworthiness
requirements.
    (2) The flight is necessary to determine the sonic boom
characteristics of the airplane or to establish means of reducing or
eliminating the effects of sonic boom.
    (3) The flight is necessary to demonstrate the conditions and
limitations under which speeds greater than a true flight Mach number of
1 will not cause a measurable sonic boom overpressure to reach the
surface.
    (b) For a flight outside of a designated test area, an authorization
to exceed Mach 1 may

[[Page 629]]

be issued if the applicant shows conservatively under paragraph (a)(3)
of this section that--
    (1) The flight will not cause a measurable sonic boom overpressure
to reach the surface when the aircraft is operated under conditions and
limitations demonstrated under paragraph (a)(3) of this section; and
    (2) Those conditions and limitations represent all foreseeable
operating conditions.

                           Section 3. Duration

    (a) An authorization to exceed Mach 1 is effective until it expires
or is surrendered, or until it is suspended or terminated by the
Administrator. Such an authorization may be amended or suspended by the
Administrator at any time if the Administrator finds that such action is
necessary to protect the environment. Within 30 days of notification of
amendnent, the holder of the authorization must request reconsideration
or the amendnent becomes final. Within 30 days of notification of
suspension, the holder of the authorization must request reconsideration
or the authorization is automatically terminated. If reconsideration is
requested within the 30-day period, the amendment or suspension
continues until the holder shows why the authorization should not be
amended or terminated. Upon such showing, the Administrator may
terminate or amend the authorization if the Administrator finds that
such action is necessary to protect the environment, or he may reinstate
the authorization without amendment if he finds that termination or
amendnent is not necessary to protect the environment.
    (b) Findings and actions by the Administrator under this section do
not affect any certificate issued under title VI of the Federal Aviation
Act of 1958.

[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989]