On June 6, 2025, the White House issued an Executive Order directing the Federal Aviation Administration (FAA) to initiate rulemaking to repeal the longstanding prohibition on civil supersonic flight over land—currently codified in 14 C.F.R. § 91.817—and to establish an interim, noise-based certification standard. The Order directs the FAA to begin the repeal process within 180 days and to propose a new noise certification framework under 14 C.F.R. Part 36 within 18 months.
The Supersonic Flight Ban
The supersonic flight ban, in effect since the early 1970s, was implemented to protect communities from the disruptive impact of sonic booms. Although the Executive Order itself does not alter any regulations, it sets in motion a process under the Administrative Procedure Act (APA) to consider modifying or repealing specific provisions.
Regulations Affected by the E.O.
The Executive Order calls for FAA review and possible repeal or amendment of the following:
- 14 C.F.R. § 91.817 – Civil aircraft sonic boom
- 14 C.F.R. § 91.818 – Special flight authorizations for supersonic operations
- 14 C.F.R. § 91.819 – Civil supersonic aircraft noise limits
- 14 C.F.R. § 91.821 – Operation of civil supersonic aircraft by foreign civil operators
- 14 C.F.R. Part 36 – Noise Standards: Aircraft Type and Airworthiness Certification
Implementation Timeline for the E.O.
The E.O. provides the following timeline:
- Within 180 days: FAA must begin rulemaking to repeal 14 C.F.R. § 91.817 and establish an interim noise-based framework.
- Within 18 months: FAA must publish a Notice of Proposed Rulemaking (NPRM) to define supersonic noise certification standards.
- Within 24 months: A final rule must be issued.
Legal Implications
Any change to the supersonic overland rule must comply with statutory mandates under the Federal Aviation Act of 1958 (49 U.S.C. § 44715), which directs the FAA to control aircraft noise and emissions. Environmental review under NEPA is likely, as is legal scrutiny regarding the sufficiency of supporting noise data. Manufacturers and operators should monitor forthcoming FAA guidance and NPRMs for compliance, certification implications, and investment planning. Because the FAA must comply with the APA’s notice and comment procedures, it is certain that there will be a period for the public to comment on any repeal.
Looking Ahead
As R&D continues on low-boom aircraft like NASA’s X-59, and private-sector prototypes mature, the regulatory environment will evolve. Stakeholders can expect a multi-year process with technical, legal, and diplomatic complexity, particularly as ICAO standards and bilateral agreements remain works in progress. Stakeholders can also expect that there will be litigation regarding any repeal of the supersonic ban, even if supersonic aircraft can meet the current noise certification standards.