RULEMAKING WATCH: FAA’s Supersonic Aircraft Draft Rule Goes Live!

Martina Birnbaum/shutterstock.com; The FAA has proposed a rule to reopen the skies to supersonic flight. Here’s why it matters.

Last year the Trump Administration issued an Executive Order instructing the FAA to remove the ban on civil supersonic aircraft flight. On July 2, 2026, the agency officially published a notice of proposed rulemaking (NPRM) for Enabling Supersonic Overland Flight.  Comments are open until August 17, 2026. 

Proposal Removes Ban on Supersonic Flight, Defines Sonic Boom 

Jonathan Cloud/shutterstock.com; Illustration of a blue shock wave.

Currently, no one can operate civil aircraft at a speed greater than Mach 1 unless either: 

(1) the flight doesn’t cause a sonic boom that reaches the surface within the U.S. or 

(2) they receive a special flight authorization that justifies why operation at that speed is necessary and meets the requirements of 14 CFR § 91.818

In practice those requirements can be cumbersome. They include, among other requirements, an analysis of environmental impacts and a demonstration of why the operation can’t be performed over the ocean. This NPRM would change these requirements. However, it’s not a blank check for supersonic flight. 

As proposed, greater than Mach 1 flight can happen when sonic boom overpressure doesn’t exceed 0.11 pound per square foot (psf). That number (0.11 psf) seems to be the new magic number that aircraft won’t be able to exceed in primary, secondary direct  or secondary indirect sonic booms. 

The rule does not specify how aircraft must meet these overpressure limits, which leaves open space for many different Means of Compliance (MOC). This means there will be both maximum flexibility but also may indicate that initial FAA approvals could be delayed as they evaluate each MOC. The FAA must also issue a finding that the aircraft has demonstrated that the aircraft meets the overpressure limits. That finding may come with conditions and limitations set by the FAA. 

Why Sonic Booms Matter: Noise, Annoyance, and Property Damage 

Why does all this matter? Sonic booms are shock waves that reach the ground as sudden, high-energy pressure events that people experience as an explosive bang accompanied by rattling and vibration. Historically, loud booms from military supersonic testing and aircraft such as Concorde generated widespread public complaints about noise annoyance, window rattling and community disruption, which led the FAA to impose its 1973 ban on civil supersonic overland flight.

Even when structural damage is relatively uncommon, the combination of sharp impulse noise and building vibration has been documented to crack plaster, shatter windows and damage fragile structures, particularly in older housing stock and glass-heavy facades. These impacts translate directly into claims for compensation and insurance disputes, which is one reason governments like the UK Ministry of Defence and the U.S. military maintain processes for reimbursing residents when sonic boom events cause broken windows or similar property damage.

From an acoustics standpoint, traditional sonic booms from legacy supersonic aircraft produced peak noise levels roughly comparable to gunfire or an explosive blast, with perceived loudness far above typical environmental or aircraft noise and capable of startling people inside homes and workplaces. 

NASA’s recent low-boom flight testing and the FAA’s proposed 0.11 psf overpressure threshold are explicitly aimed at reshaping these shock waves so that communities theoretically will experience something closer to the sound of a car door slamming 20 feet away, rather than a building‑rattling explosion. Until the industry proves that supersonic aircraft can reliably stay below those impulse and annoyance levels in real-world conditions, noise and property damage risk will remain central concerns for regulators, operators and communities on the ground.

No Noise Standard Yet for Supersonics

Katerina_S/shutterstock.com; The U.S. military has a claims process for the damage caused by supersonic booms.

Although this rule removes the default ban on civil supersonics, it doesn’t set a noise limit for those aircraft. That will have to come in future rulemaking when the FAA revises Part 36. 

The FAA has indicated that there will be a subsequent rulemaking to amend those noise requirements to address supersonic aircraft. Until they are adjusted, each supersonic aircraft seeking type certification would need to be individually evaluated by the FAA as the current part 36 appendices do not directly address supersonics.  

Now is your chance to comment on this important rule. Comments close August 17, 2026.