Illegal for military jet to break sound barrier?

[divona2000]

What is the name of your state (only U.S. law)? MI
Question=
Is it illegal for a military jet to break the sound barrier over a residential area?

Background if you want to read it=
Jets circled our subdivision today, they broke the sound barrier, the noise was tremendous, I at first thought a plane had fallen. I called local Air Force bases, each told me that it is illegal, but Michigan no longer has planes that can break the sound barrier; could have been a visiting Air Force group, however, they had not come from that particular base. I never found out where the jets flew out of.
I was polite, calm and cheerful to each person I spoke with, we even shared some 'scary boom' stories, and chuckled over my dogs reaction to the sound. I answered all their questions, gave my name, phone number, address and who I worked for.
I had been startled when it happened but wasn't upset, just wanted to make sure it didn't happen again, due to the possibility of window damage. I never got a solid answer, the jets left soon after I began calling, so I shrugged it off.
Several hours later my boss called. One of the AF members I spoke with had called her, stating that I "had a problem" with the military! I was flabbergasted by this, I am a very mild person, and no one I talked with had seemed bothered that I called.
I work for a Civilian Contractor on a base, and my boss says that although I won't be fired, the AF can refuse to let me on base, which would amount to the same thing.
I find out tomorrow if I lose my job.
I have learned from this: if I see/hear something potentially illegal, just keep my mouth shut and live with it.

 

[Zigner]

What is the name of your state (only U.S. law)? MI
Question=
Is it illegal for a military jet to break the sound barrier over a residential area?

Background if you want to read it=
Jets circled our subdivision today, they broke the sound barrier, the noise was tremendous, I at first thought a plane had fallen. I called local Air Force bases, each told me that it is illegal, but Michigan no longer has planes that can break the sound barrier; could have been a visiting Air Force group, however, they had not come from that particular base. I never found out where the jets flew out of.
I was polite, calm and cheerful to each person I spoke with, we even shared some 'scary boom' stories, and chuckled over my dogs reaction to the sound. I answered all their questions, gave my name, phone number, address and who I worked for.
I had been startled when it happened but wasn't upset, just wanted to make sure it didn't happen again, due to the possibility of window damage. I never got a solid answer, the jets left soon after I began calling, so I shrugged it off.
Several hours later my boss called. One of the AF members I spoke with had called her, stating that I "had a problem" with the military! I was flabbergasted by this, I am a very mild person, and no one I talked with had seemed bothered that I called.
I work for a Civilian Contractor on a base, and my boss says that although I won't be fired, the AF can refuse to let me on base, which would amount to the same thing.
I find out tomorrow if I lose my job.
I have learned from this: if I see/hear something potentially illegal, just keep my mouth shut and live with it.

Did you have a question?

Also, why didn't you contact the FAA?

 

[divona2000]

Did you have a question?

Also, why didn't you contact the FAA?

"Is it illegal for a military jet to break the sound barrier over a residential area?"

and it never occured to me to call FAA to file a complaint to investigate, I just went right to the source, called the Air Force. I did not want more sonic booms happening again, as the jets were still circling overhead. I figured base could radio the planes, but they all deny that it was their jets. Shrug.

 

[divona2000]

End result.

Yep, it's illegal.
Heard back from my boss, the reason the military got upset is that I was the first (but not the last) person to complain about the sonic boom that day, and they thought I was a prank caller.
The Lt. Col and Sgt now agree that I "had just cause" to call. Turns out a new unit was flying, (but not out of the local base) caused a problem, and no one knew about it at the time I called.
This also happened about 2 yrs ago, and cost the AF a $10,000 fine, so it's understandable that they needed to investigate the flights before believing me, but they went rather overboard to call my boss.

 

[Zigner]

"Is it illegal for a military jet to break the sound barrier over a residential area?"

and it never occured to me to call FAA to file a complaint to investigate, I just went right to the source, called the Air Force. I did not want more sonic booms happening again, as the jets were still circling overhead. I figured base could radio the planes, but they all deny that it was their jets. Shrug.

The FAA is the controlling/governing agency in this instance. I'm glad you worked it out though!

 

[FlyingRon]

The FAA doesn't have authority over the military but the military generally complies with FAA regulations in US airspace.

The FAA prohibition on making sonic booms or otherwise exceeding mach 1 applies only to CIVIL (i.e, not military) aircraft.

The military may have their own rules worked out. I've certainly heard aircraft go supersonic over the US.

 

[Zigner]

The military may have their own rules worked out. I've certainly heard aircraft go supersonic over the US.

When was the last time?

 

[ERAUPIKE]

When was the last time?

When the space shuttle landed in March of this year, STS-119 I think.

 

[proud_parent]

The FAA is the controlling/governing agency in this instance.

At least one federal court of appeals has disagreed. (Sorry, I could not find more recent case law or any specifically from Ninth circuit.)

Noting the great congressional concern with noise pollution that led to the Noise Control Act of 1972, of which this provision is a part, appellants contend that § 1431(b)(1) grants the FAA jurisdiction to control military aircraft noise.

Although § 1431(b)(1) does not on its face expressly exclude FAA control over military aircraft noise, it must be so read. First, the legislative history of § 1431(b)(1) indicates that Congress intended to deal with noise from civilian and not military aircraft. See, e. g., S.Rep.No.1160, 92 Cong., 2d Sess., Reprinted in (1972) U.S.Code, Cong. & Admin.News 4655, 4661-63, 4668 (report on Noise Control Act of 1972); S.Rep.No.1353, 90th Cong., 2d Sess., Reprinted in (1968) U.S.Code, Cong. & Admin.News 2688, 2692 (report on Aircraft Noise Abatement amendments to Federal Aviation Act of 1958).

Second, Congress placed § 1431 in Title VI of the Federal Aviation Act of 1958 as amended, cognizant that Title VI, entitled "Safety Regulation of Civil Aeronautics," authorizes FAA control only over civilian aircraft. The Aircraft Noise Abatement amendments of 1968 added § 1431 to the Federal Aviation Act of 1958. P.L. No. 90-411, § 1, 82 Stat. 395. The Senate Report on these amendments noted:

Title VI of the Federal Aviation Act, within the framework of which this legislation will operate, applies only to civil aircraft, excluding thereby U. S. military aircraft. FAA issues no certificates for aircraft operated by the military departments. The committee believes that the division between military and civil aircraft should be preserved with respect to noise standards.

S.Rep.No.1353, at 2692. Later the Noise Control Act of 1972 provisions dealing with aircraft noise pollution were enacted as amendments to § 1431, still a part of Title VI. P.L. No. 92-574, § 7(b), 86 Stat. 1239-41. By contrast, when Congress wished to extend FAA Air traffic control to military aircraft, it moved the statutory provision authorizing FAA air traffic control from Title VI to a different title of the Act applicable to both civil and military aircraft. H.Rep.No.2360, 85th Cong., 2d Sess., Reprinted in (1958) U.S.Code Cong. & Admin.News 3741, 3756.8

Finally, this court has recently written:

(T)hough the courts remain the final interpreters of an act of Congress (citations omitted), the courts have also repeatedly recognized that an administrative agency's reasonable interpretation of the statute it administers is deserving of considerable respect. (Citations omitted.)

Smith v. Califano, 597 F.2d 152, 156 (9th Cir. 1979). In the instant case the Secretary and Administrator have consistently not applied § 1431(b)(1) to military aircraft noise. "We are thus most reluctant to disregard the Secretary's interpretation." Id. at 156-57.

597 F.2d 1214

 

[Zigner]

When the space shuttle landed in March of this year, STS-119 I think.

Fair enough. But, I think we all know that's not was this conversation was referring to (and, I did think to put that exception in my question, but figured there would be no need...)

 

[Zigner]

The FAA doesn't have authority over the military but the military generally complies with FAA regulations in US airspace.

The FAA prohibition on making sonic booms or otherwise exceeding mach 1 applies only to CIVIL (i.e, not military) aircraft.

The military may have their own rules worked out. I've certainly heard aircraft go supersonic over the US.

Fair enough - I'll stand corrected on this point you (and Proud) made...