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I have read with some interest the report of your Committee (submitted
by Mr. Bible) dealing with the Department's appropriation for Fiscal 1971.
I note on page 6 of that report some language critical of the Department
with respect to its actions designed to protect the public against the sonic

It is still my personal feeling that proper procedure is for an agency
rule in this area rather than legislation, not because I expect the rule
to ever be changed but simply because this has always been the orderly
method of proceeding in such matters.

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After reading the language of the Committee report, however, I understand
how strongly the Congress feels about this issue. In view of your concern,
I wish to amend our previous position and make it clear that we have now no
objection if the Congress should decide to prohibit by statute flights over
populated areas at boom-producing speeds. Lest there be any misunder-
standing, the term "populated areas" as used above, means the whole of
the continental United States, including Alaska and Hawaii. By carbon copy
of this letter to the Chairman of the Commerce Committee, I am informning
him of this decision.

The Office of Management and Budget advises that it has no objection to my submission of this position.

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Senator MAGNUSON. May I put in the record at this point the bill that was passed out by the Commerce Subcommittee yesterday?

Chairman ELLENDER. Without objection. (The bill follows:)



S. 1117

[Report No. 92-34]


Muncii 4 (legislative day, FEBRUARY 17), 1971
Mr. Magnuson (for himself and Jr. Jackson) introduced the following Will;

which was read twice and referred to the Committee on Commerce

Marcu 12, 1971
Reported by Mr. Magsusoy, without amendment

To provide for regulation of public exposure to sonic boonis,

and for other purposes.

1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That the Federal Aviation Act of 1958, as amended, is
4 further amended by adding to section 307 the following

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“ (g) (1) No person may operate a civil aircraft at a

S true flight mach number greater than 1 except in compliance
9 with the conditions and limitations in an authorization to

10 exceed mach 1 issuel to the wrator under this subsection!.


" (2) For a research an! development light in a desin.

1 nated flight test area an authorization to exceed mach 1

2 may be issued if the applicant shows one or more of the 3 following: 4

“(A) The flight is niecessary to show compliance 5 with an airworthiness regulation or is necessary for air6 craft development. 7

“(B) The flight is necessary to determine the sonic 8 boom characteristics of the airplane, or is necessary to 9 establish means of reducing or eliminating the effects of

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“(C) 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

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" (3) F'or a slight outside of a designated Night test area, 16 an authorization to exceed mach 1 may be issued if the 17 applicant shows conservatively that the flight will not cause 18 a sonic boom to reach the stuface of the United States, ex

19 cluding the territorial waters thereof, when operated under 20 conditions and limitations demonstrated under paragraph (2) 21 (C), and shows that those conditions conservatively represent all foresceable operating conditions.

"(t) An application for an authorization to exceed mach 1 must be made on a form and in a manner prescribed by 25

the ministrator. In iditet, for an authorization covered




i by paragraph (2) of this subsection each application must

2 contain:



“(A) Information showing that operation at speeds greater than mach 1 is necessary to accomplish one of the puposes specified in paragraph (2) of this sub






"(B) A description of the flight test area proposed by the applicant; and

“(C) Conditions and limitations that insure that no sonic boom will reach the surface outside of the desig




nated flight test area. 12

“(5) An application for an anthorization to exceed mach 13 1 may be denied if the Administrator finds that such action 11 is necessary to protect and cuhance the environment.


“ (6) An authorization to exceed mach 1 is effective until 16 it expires, or until it is surrendered, and may be terminated

by the Administrator whenever he finds that such action is



necessary to protect and enhance the environment.


“Report by the Secretary 20

“(b) Upon the completion of the United States civil 21

supersonic program to develop and fully test two prototype 22

aircraft, the Secretary of Transportation shall prepare and 23 transmit to the C'ongress and to the public a report covering 24

all aspects of the prototype program. The report shall in27

cule a detailed :mnalysis of the cconomic, international, triiksa

1 portation, and environmental consequences that could result 2 from the commercial production or nonproduction of a United 3 States civil supersonic aircraft, and shall include recommen4 dations for any legislation or international agreements 5 deemed necessary to insure a balanced national transporta

6 tion policy which is efficient, productive, economic, and en7 vironmentally safe and sound.

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"(i) The Department of Transportation shall modify all 10 appropriate contracts for the development of prototype civil

supersonic transport aircraft to provide that such contracts 12 will not be satisfactorily completed until the contractor (s) 13 demonstrate (s) that all production models developed from 14 the prototype aircraft can comply with the noise level stand15 ards at the noise measuring points now specified for new

subsonic jet aircraft in sections C 36.3 and C 36.5 (a) and 17 (1) of appendix C (evaluated as prescribed by appendix B) 18

of part 36 of the Federal Aviation Regulations, as in effect


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