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Demand for rapid long-haul commercial flight and battlefield requirements to deliver weapon systems against long-range targets within minutes has driven investment in supersonic and hypersonic technology. The need for supersonic and hypersonic solutions coincides with an era of rapid aviation innovation. However, decades of retraction from supersonic flight created barriers to deployment of new supersonic technology.
To spur U.S. leadership in supersonic and hypersonic flight, President Trump issued Executive Order 14304, Leading the World in Supersonic Flight, in June 2025. The order mandated that the government remove federal regulatory barriers that impede the development of supersonic flight. Specifically, the Executive Order directed the Administrator of the FAA to repeal the prohibition on overland supersonic flight by Dec. 3, 2025. The Executive Order also directed the White House Office of Science and Technology Policy (OSTP) to work across the federal government to:
- identify regulatory, commercial, and operational research, development, testing and evaluation (RDT&E) needs;
- coordinate federal and industry-led supersonic testing at federal test sites; and
- share results to support domestic rulemaking and international civil supersonic engagement.
On July 2, 2026, the FAA published an NPRM, Enabling Supersonic Overland Flight, that would replace the current prohibition on most civil supersonic flight over land with a performance-based regulatory framework focused on limiting sonic boom impacts at the surface. The proposed regulations would implement a noise-based system in place of the existing speed-based approach.
If finalized, the proposal would establish an interim pathway for certain civil supersonic operations while preserving the FAA’s authority to regulate sonic boom impacts and maintain public safety.
Congress has also taken steps to approve bipartisan legislation that creates statutory deadlines on the FAA to implement a regulatory framework that removes barriers to supersonic flight. The Supersonic Aviation Modernization Act – or SAM Act – is sponsored in the House by Representatives Troy Nehls (R-TX), Sharice Davids (D-KS), and nine additional cosponsors; in the Senate, the bill is sponsored by Senators Ted Budd (R-NC), John Hickenlooper (D-CO), and four additional cosponsors. Nehls, the House Aviation Subcommittee Chair is set to retire from Congress in 2026. Accordingly, the co-sponsors may push to see the SAM Act enacted before the 119th Congress adjourns.
FAA Rulemaking Timeline
The FAA NPRM provides the public the opportunity to submit comments by Aug. 17, 2026.
The FAA described this proposal as the first step in a broader effort to update the regulatory framework for supersonic aircraft. Additional rulemakings may address takeoff and landing noise standards, as well as other certification requirements necessary for future supersonic operations. The Executive Order directs the FAA to establish final noise certification standards by June 2027.
Background
Current FAA regulations generally prohibit civil aircraft from operating above Mach 1 within the United States unless the operator obtains a Special Flight Authorization (SFA). The FAA adopted this restriction in 1973 to protect communities and property from sonic boom impacts, while acknowledging that the rule could change as supersonic technology advances. Consistent with that framework, Section 181 of the FAA Reauthorization Act of 2018 directed the FAA to modernize policies governing civil supersonic aircraft operations.
According to the FAA, technological developments since that time have increased the ability of operators to manage or reduce sonic boom impacts. The agency pointed to advances in atmospheric modeling, aircraft systems, and operational techniques — such as Mach Cutoff Operations (MCO) — that may allow supersonic flight without traditional sonic booms reaching the ground under certain conditions.
Based on these developments, the FAA proposes replacing the existing speed-based restriction with standards tied to measurable sonic boom impacts.
Performance-Based Operating Standard
The proposal would permit civil aircraft to operate above Mach 1 if they satisfy specified noise-related requirements. Rather than regulating speed alone, the FAA would focus on sonic boom overpressure reaching the surface.
Under the proposed rule, operators would be required to demonstrate that sonic boom overpressure at the surface does not exceed 0.11 pounds per square foot (psf). The FAA utilized findings from a National Aeronautics and Space Administration (NASA) study entitled, “Mach Cutoff Analysis and Results from NASA’s Farfield Investigation of No boom Thresholds” (FaINT) and a John A. Volpe National Transportation Systems Center study entitled “Detection and Assessment of Secondary Sonic Booms in New England.”
Based on these studies, the FAA determined that 0.11 psf was an appropriate overpressure limit. All aircraft are required to comply with any conditions or limitations imposed by the FAA. This limit would apply to primary sonic booms, secondary direct sonic booms, and secondary indirect sonic booms, in accordance with new FAA terminology.
FAA Approval Requirements
Before conducting supersonic operations, an operator would be required to demonstrate compliance using FAA-approved measurement, modeling, or other methodologies. The FAA would then determine whether the operator had adequately shown compliance with the proposed standard. From there, the operator would be subject to periodic review, the process for which would be outlined in the new regulation. The FAA plans to share a draft Advisory Circular alongside this NPRM with suggested means of compliance.
Though initial certification may require flight testing, the FAA does not anticipate costs beyond those already associated with flight authorizations. The FAA has proposed a flexible approach and would not mandate a specific method of compliance. Instead, operators would be able to propose techniques or methodologies appropriate to their operations, subject to FAA approval. The proposal maintains the FAA’s authority to impose operational limitations and conditions for continued compliance. The FAA estimates the rule would save industry $1.57 million and the agency $852,135 in authorization-processing costs.
Continued Use of SFAs
The NPRM would not eliminate the existing SFA process. The FAA proposes to retain SFAs for activities such as research, testing, development, and certification where sonic booms may reach the surface in controlled circumstances. Thus, the proposed framework would supplement, rather than replace, the FAA’s current authorization tools for supersonic operations.
International Cooperation
The FAA notes that it has continued to work with ICAO on the development of global supersonic aircraft noise standards and intends to consider those standards in future rulemakings.
However, the agency also states that ICAO’s work on an international standard is not expected to be completed until approximately 2031. The FAA concluded that waiting for that process would unnecessarily delay implementation of a domestic regulatory framework and could hinder continued development of supersonic technologies. As a result, the agency is proposing an interim U.S.-specific standard while continuing to support international harmonization efforts.
Department of War Initiatives
To achieve the overall goal of rapid supersonic technology development, the Executive Order calls on OSTP to establish a whole-of-government approach to research, including coordination with the Department of War (DOW). With over $8 billion in Fiscal Year 2026 defense appropriations funding dedicated to hypersonic and other high-speed testing and infrastructure development, the DOW has grown its research and development of these systems.
The Multi-Service Advanced Capability Hypersonics Test Bed (MACH-TB) program is designed to increase the number of flight tests for high-speed components and systems in the United States. Hundreds of DOW programs with flight test needs have leveraged MACH-TB to develop their technology. This type of cooperation is what the Executive Order contemplates.
In addition, DOW recently solicited industry solutions to build and sustain supersonic aircraft. Specifically, the solicitation requested new and innovative advanced manufacturing solutions that accelerate development timelines, enable the use of advanced materials, and reduce costs. To enable this development, Congress appropriated millions in Fiscal Year 2026 for advanced manufacturing of supersonic systems.
The current draft of the House defense appropriations bill for Fiscal Year 2027 would further increase funding for high-speed technology. The bill includes over $10 billion in proposed funding for high-speed technology research and development, including $7.5 billion for hypersonic weapons and testing infrastructure, and billions more for advanced metallurgy and low-cost system development. Notably, the bill also proposes five-year multiyear procurement (MYP) authorities for supersonic weapon systems, which would allow DOW to send a demand signal to the defense industrial base as it invests in supersonic technologies.
Although some of the DOW high-speed technologies are military specific, the much of the DOW-sponsored research and development will be either directly applicable, or complementary to, the efforts currently underway on supersonic civil aviation development.
Congressional Action
The House’s version of the SAM Act (H.R. 3410) passed by voice vote on March 24, 2026, and would require the FAA to remove its regulatory barriers prohibiting supersonic flight over the ground within one year and to set a noise standard for supersonic aircraft by April 1, 2027. The Senate’s version of the SAM Act (S. 1759) was marked up favorably in the Senate Commerce Committee on July 22, 2026, and would also require the FAA to remove its regulatory barriers within one year of enactment. With broad support in both Chambers, SAM Act legislation may see action before the end of this Congressional session.
What Comes Next
While the FAA NPRM addresses several threshold issues important to growth for the robust supersonic industry, additional public policy actions considerations remain before the supersonic industry sees notable growth. For instance, the FAA NPRM would create a pathway to the return of civil supersonic flight where no supersonic boom reaches the ground; however, to lead the world in supersonic flight, companies building both civil and military supersonic and hypersonic technology would need airspace to conduct robust testing and demonstration prior to full deployment. U.S. federal funding for supersonic and hypersonic technology remains part of the broader policy discussion as global competitors continue to invest in related capabilities.
Submitting Public Comments
For stakeholders, the FAA’s proposal may offer increased regulatory clarity regarding the Agency’s near-term approach to supersonic operations. However, a number of regulatory issues — including final noise certification standards and additional operational requirements — remain under development through future rulemakings.
The FAA has invited public comments on several key aspects of the proposed rule, including whether the 0.11 psf threshold is appropriate, what information operators should provide to demonstrate compliance, and how FAA review and operator-specific conditions should be structured. The agency also seeks feedback on acceptable methods of compliance, potential economic impacts, and whether the rule should apply differently in Alaska. Stakeholders may also consider offering actionable feedback on a variety of other topics, including international cooperation, non-civilian application, and health impact.
Advocacy
Congressional actions may indicate that the federal government has an interest in supporting the growth of the U.S. supersonic and hypersonic industry through greater investments in federal RDT&E and procurements. The overlap in civil and military applications for high-speed technology may translate into notable funding opportunities for industry. Should the SAM Act be enacted, stakeholders may wish to monitor policy and regulatory changes that follow. As the Administration and Congress work to remove regulatory barriers and provide unprecedented research and development funding, stakeholders may wish to engage with Congress to help define the future of supersonic and hypersonic flight.
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