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I have read with some interest the report of your Committee (submitted
It is still my personal feeling that proper procedure is for an agency
After reading the language of the Committee report, however, I understand
The Office of Management and Budget advises that it has no objection to my submission of this position.
REGULATION OF PUBLIC EXPOSURE TO SONIC BOOMS
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:)
[Report No. 92-34]
IN THE SENATE OF THE UNITED STATES
Muncii 4 (legislative day, FEBRUARY 17), 1971
which was read twice and referred to the Committee on Commerce
Marcu 12, 1971
and for other purposes.
1 Be it enacted by the Senate and House of Representa-
“ (g) (1) No person may operate a civil aircraft at a
S true flight mach number greater than 1 except in compliance
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
“(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
" (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
“(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.
"(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