Regulatory Alert: AAAE Submits Comments on FAA's Supersonic Airplane Noise Standards NPRM

July 13, 2020

Today AAAE submitted comments to the Federal Aviation Administration (FAA) in response to the agency's proposed rulemaking to establish subsonic noise certification standards for supersonic airplanes arriving and departing airports. The goal of AAAE's comments was to strike the appropriate balance that promotes innovation while protecting the quality of life in our communities and upholding environmental commitments that are important to our airport members. In particular, AAAE urged FAA to ensure that any supersonic airplanes certificated under the proposed noise standards minimize, to the greatest extent practicable, an increase in cumulative noise exposure at airports. AAAE also made recommendations regarding the need for FAA to better understand the proposal's cost and noise impacts on airports and to continue working with the international community on acceptable international noise limits for these airplanes.

Background. In recent years companies such as Lockheed Martin, Gulfstream, Aerion, Boom, and others have made significant investment and advances in the development of supersonic airplanes. In the FAA Reauthorization Act, passed in late 2018, Congress directed FAA to exercise leadership in the development of policies, standards and regulations to safely certify and permit the operation of supersonic airplanes in the United States, including a directive for FAA to promulgate noise standards for supersonic airplanes. In April 2020, FAA released a notice of proposed rulemaking that would establish subsonic noise limits for supersonic airplanes arriving and departing airports. It is important to note that the proposal would not address noise standards for cruise flight or affect current regulations prohibiting supersonic civil flights over land (above Mach 1) in the United States.

Highlights from AAAE's Comments. AAAE expressed general support for FAA developing subsonic takeoff and landing noise standards for supersonic airplanes, but emphasized that addressing potential noise implications arising out of the use of these airplanes will be critical to gaining community acceptance and enabling the industry to grow. More specifically, AAAE urged FAA to:

Ensure that any supersonic airplanes developed and certificated under the proposed noise standards minimize, to the greatest extent practicable, an increase in cumulative noise exposure at airports;
Conduct a more thorough analysis of the potential noise and cost impacts than were prepared as part of FAA's preliminary regulatory impact analysis;
Continue working with the international community to ensure that the agency's noise standards are consistent with noise limits that are being developed abroad;
Provide greater clarity on the use of noise-mitigation technologies, such as variable noise reduction systems (VNRS) and a programmed lapse rate (PLR), to ensure they are properly implemented by manufacturers and used by operators to reduce noise in the airport environment; and
Clarify the length of the takeoff flight segment to ensure that the proposed noise limits apply to operations in the terminal area.

What's Next? As of today, FAA has received over 250 comments from manufacturers, airports, trade associations, community residents, international civil aviation authorities, and others. FAA will begin to adjudicate this feedback and develop a final rule. While the agency projected that supersonic airplanes could be in service by 2025, there are still barriers that have to be overcome before supersonic flight becomes a reality. As AAAE noted in its submission, development of international noise standards will be critical because the business case for these airplanes depends on the worldwide marketplace. The international community has yet to develop noise limits and such standards do not appear imminent. AAAE will continue to monitor this area to ensure that supersonic development continues while also addressing any noise-related concerns that arise from their use.

Resources on Proposed Rule. AAAE has prepared and compiled resources to help educate and familiarize members with the details of the proposed rule. AAAE recently held a webinar discussion and made available for review the recording and presentation slides.

If you have any questions or comments, please contact Justin Barkowski at justin.barkowski@aaae.org.