§44740 Special Rule for Certain Aircraft Operations

Summary

Allows people who operate aircraft with an experimental special airworthiness certificate to fly those aircraft as "space support vehicle flights" (as defined in section 50902 of title 51). They may carry people or cargo for pay on those flights, even if other FAA rules or their certificate normally forbid paid flights, and they do not need an FAA air carrier or commercial operations certificate. It only applies when the flight meets all these requirements: the flight takes off and lands at one site run by an entity licensed under chapter 509 of title 51; the aircraft is owned or operated by (or on behalf of) a launch or reentry vehicle operator licensed under chapter 509 of title 51; the aircraft is a launch vehicle, reentry vehicle, or a component licensed under chapter 509; and the flight is used only to simulate spaceflight for training (for potential space flight participants, government astronauts, or crew), to test hardware for spaceflight, or for R&D that needs the aircraft’s special abilities. The rule in section 44711(a)(1) does not apply here except if the experimental certificate itself bans paid carriage. The FAA Administrator can still give other exemptions under different terms and conditions.