S.Amdt. 6000Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6000

What it does: Adds SEC. ___. DESIGNATION OF OVERLAND SUPERSONIC AND HYPERSONIC TESTING CORRIDOR wherever appropriate
Sponsored by Mike LeeSen. Mike Lee (R-UT)
Submitted September 28, 2022

What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds SEC. ___. DESIGNATION OF OVERLAND SUPERSONIC AND HYPERSONIC TESTING CORRIDOR wherever appropriate

    Adds a section

    Inserted: SEC. ___. DESIGNATION OF OVERLAND SUPERSONIC AND HYPERSONIC TESTING CORRIDOR.

    Inserted: (a) Designation.--

    Inserted: (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).

    Inserted: (2) Requirements.--

    Inserted: (A) Military operation areas.--In designating the corridor under paragraph (1), the Administrator shall--

    Inserted: (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

    Inserted: (ii) if necessary, designate new MOA airspace to complete the corridor and ensure that the corridor is suitable for testing.

    Inserted: (B) Increased altitude.--The Administrator shall--

    Inserted: (i) set the vertical limits in the corridor designated under paragraph (1) at FL 600; and

    Inserted: (ii) increase, as necessary, the vertical limit of any existing MOA in the corridor to FL 600.

    Inserted: (b) Purposes of Designated Corridor.--The corridor designated under subsection (a)(1) shall be used for the following purposes:

    Inserted: (1) To test supersonic and hypersonic military passenger aircraft and military non-passenger aircraft.

    Show 17 more inserted paragraphs

    Inserted: (2) To test supersonic and hypersonic civil aircraft subject to subsection (e).

    Inserted: (c) Testing Requirements.--Any supersonic or hypersonic aircraft testing in the corridor designated under subsection (a)(1) shall meet the following requirements:

    Inserted: (1) The testing shall only occur between the hours of 7:00 AM and 7:00 PM (in the time zone in which the testing occurs).

    Inserted: (2) The testing shall not include any commercial passengers or commercial cargo.

    Inserted: (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:

    Inserted: (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.

    Inserted: (2) Noise impact data.--

    Inserted: (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--

    Inserted: (i) an applicant presents data generated from FAA-approved software; and

    Inserted: (ii) such data reasonably demonstrates that there is no additional noise impact due to the applicant's testing of supersonic or hypersonic civil aircraft.

    Inserted: (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.

    Inserted: (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--

    Inserted: (A) was under similar conditions to the testing proposed by the applicant for the special flight authorization; and

    Inserted: (B) considered similar issues or decisions as the testing proposed by the applicant for the special flight authorization.

    Inserted: (e) Civil Testing.--The Secretary of Defense shall allow civil aircraft testing as described in subsection (b)(2), unless--

    Inserted: (1) such testing would interfere with any military operations or testing in the corridor; or

    Inserted: (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.

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 6000. Mr. LEE submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. 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 600; and

(ii) increase, as necessary, the vertical limit of any existing MOA in the corridor to FL 600.

(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 between the hours of 7:00 AM and 7:00 PM (in the time zone in which the testing occurs).

(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.

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Senate amendment submitted

September 28, 2022