Key Takeaway: The FAA’s proposed performance-based framework could create a path for routine commercial supersonic flight over land in the U.S. Aerospace companies developing supersonic aircraft, boom-mitigation systems, and compliance tools should consider how regulatory approval, proprietary data, and patent strategy may affect market position as the sector grows.
On July 2, 2026, the Federal Aviation Administration (FAA) published a notice of proposed rulemaking that would replace the 53-year-old ban on civil flights above Mach 1 (767 miles per hour) over the U.S. with an interim performance-based standard. Under Proposed 14 C.F.R. § 91.817, supersonic operations would be allowed if sonic-boom overpressure stays below 0.11 pound per square foot (psf). Comments are due by August 17, 2026.
Operators would need to use an FAA-approved method to show that primary and secondary booms remain below 0.11 psf, establish reliable compliance, and follow FAA-imposed conditions. After such a showing, individual flight or geographic approvals within the U.S. would not be required. The existing special flight authorization process would remain available for research, testing, and controlled operations that produce a surface boom.
The FAA expects operators to rely on Mach cutoff techniques, which use altitude, speed, route, and atmospheric conditions to refract pressure waves away from the ground. As an example, in 2025, a company called Boom Supersonic demonstrated Boomless Cruise with XB-1. Additionally, NASA’s X-59 reached Mach 1.4 at 55,000 feet and is expected to collect data on lower-intensity sonic thumps. These developments support the FAA’s shift toward a measurable surface-impact standard.
The proposal would not by itself authorize commercial service. Aircraft would still need to satisfy airworthiness, operating, and airport requirements. Separate landing-and-takeoff noise standards remain under development. The 0.11 psf threshold would serve as an interim U.S.-specific standard while the International Civil Aviation Organization develops international supersonic-noise standards. As a result, manufacturers may need to design for a domestic target while also accounting for later international harmonization.
A market forecast projects that the supersonic-jet sector will grow from $27.08 billion in 2025 to $32.91 billion by 2030, potentially increasing the value of related patent portfolios. Boom Technology, the company behind Boom Supersonic, received U.S. Patent No. 12,288,470 in 2025 relating to a system that uses trajectory, meteorological, and geospatial data to predict sonic-boom surface strikes and warn an operator. Another patent relates to commercial supersonic aircraft shaped to mitigate sonic boom. The importance of patented technology and proprietary data may increase as the supersonic-jet sector continues to grow.
If finalized, the proposal could create a U.S. pathway for routine overland supersonic flight. However, practical use will likely depend on FAA compliance reviews, operating costs, public acceptance, and international alignment.
The notice of proposed rulemaking can be found here.
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