planes, when they fly into the coastal cities, will be flying in, not at supersonic speeds, but will be flying in at subsonic speeds. In other words, 50 miles or a hundred miles out, before they get to the eastern seaboard or the western seaboard, or whereever they are approaching, they would then cut back to subsonic speeds. Senator FONG. Even after we have built two prototypes, if they should be found detrimental to the environment, you will recommend that additional SST's not be built. Secretary VOLPE. Absolutely. I have never felt more sincere about anything in my life, and, Senator, I would just refer you to some of the things we did in Massachusetts. We were the first State in the Nation to have a coastal wetlands bill, the first State in the Nation to have an inland wetlands bill. Senator CASE. New Jersey has got a better wetlands bill. I fought for wider median strips, where we could leave the tree and the shrubbery in their natural state, when we were building highways, and in every way I feel just as strongly about the environment, and preserving what the dear Lord has put on this earth. If I found what you have just indicated, that the flying, not of just two planes, but the flying of a commercial fleet of SST's was going to be detrimental to our environment, I would recommend to the President of the United States that he drop his support of the plane. In the final analysis, the commercial interests that would be building this plane would have to abide by the decisions of the Congress insofar as the noise factors are concerned. And the Congress can also, if EPA does not have sufficient authority, give additional authority, if it desires, to the EPA to make certain that the commercial SST will not fly if it is going to be detrimental to the environment. LETTER TO LATE SENATOR RICHARD B. RUSSELL I put this, by the way, into a letter to our late and departed friend, Senator Russell, just this last year. Senator FONG. May that be put into the record, Mr. Chairman? Chairman ELLENDER. Have you a copy? Secretary VOLPE. Yes; I will supply a copy. Chairman ELLENDER. Without objection, it will be placed in the record at this point. (The letter follows:) THE SECRETARY OF TRANSPORTATION NOV 30 1970 Honorable Richard B. Russell Senate Appropriations Committee Dear Mr. Chairman: 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 boom. 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. 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 misunderstanding, 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 informing him of this decision. 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:) 92D CONGRESS 18T SESSION S. 1117 [Report No. 92-34] IN THE SENATE OF THE UNITED STATES MARCH 4 (legislative day, FEBRUARY 17), 1971 Mr. MAGNUSON (for himself and Mr. Jacksox) introduced the following bill; which was read twice and referred to the Committee on Connierce MARCH 12, 1971 Reported by Mr. MAGNUSON, without amendment A BILL To provide for regulation of public exposure to sonic booms, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 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 5 new subsections: 7 "(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 issued to the operator under this subsection. "(2) Tor a research and development flight in a desig 11 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 5 6 7 8 9 10 11 12 13 14 15 "(A) The flight is necessary to show compliance with an airworthiness regulation or is necessary for air craft development. "(B) The flight is necessary to determine the sonic boom characteristics of the airplane, or is necessary to establish means of reducing or eliminating the effects of sonic boom. "(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 sonic boom to reach the surface. "(3) For a flight outside of a designated flight 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 surface of the United States, ex19 cluding the territorial waters thereof, when operated under 20 conditions and limitations demonstrated under paragraph (2) 21 (C), and shows that those conditions conservatively repre 22 22 23 sent all foresceable operating conditions. "(4) An application for an authorization to exceed mach 24 1 must be made on a form and in a manner prescribed by 25 the Administrator. In addition, for an authorization covered 1 by paragraph (2) of this subsection each application must 2 contain: 3 4 5 6 7 8 9 10 11 122 "(A) Information showing that operation at speeds greater than mach 1 is necessary to accomplish one of the purposes specified in paragraph (2) of this sub section; "(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 designated flight test area. "(5) An application for an authorization to excced mach 13 1 may be denied if the Administrator finds that such action 14 is necessary to protect and enhance the environment. 15 "(6) An authorization to exceed mach 1 is effective until 16 it expires, or until it is surrendered, and may be terminated 17 by the Administrator whenever he finds that such action is necessary to protect and enhance the environment. "Report by the Secretary "(h) Upon the completion of the United States civil supersonic program to develop and fully test two prototype aircraft, the Secretary of Transportation shall prepare and transmit to the Congress and to the public a report covering all aspects of the prototype program. The report shall in clude a detailed analysis of the economic, international, trans |