On Mon, 28 Jan 2008 09:57:53 -0800 (PST), "Robert M. Gary"
wrote in
:

On Jan 28, 9:04*am, Larry Dighera wrote:
Is Branson going to certify White Knight Two and SpaceShipTwo?

I didn't see anything in the article that suggested the vehicle would
be certified as experimental when passengers were riding.

That was a presumably erroneous assumption on my part.

I would assume he would have the certificate before the paying pax arrived.


It would appear that Part 91 may not apply in the case of space
flight, as the FAA seems to have implemented new Parts for that:


http://www.faa.gov/about/office_org/...t/regulations/
Commercial Space Transportation Regulations

Regulations
Part 400 — Bases and Scope
Part 401 — Organization and Definitions
Part 404 — Regulations and Licensing Requirements
Part 405 — Investigations and Enforcement
Part 406 — Investigations, Enforcement, and Administrative Review
Part 413 — License Application Procedures
Part 414 — Safety Approvals
Part 415 — Launch License
Part 417 — Launch Safety
Part 420 — License to Operate a Launch Site
Part 431 — Launch and Reentry of a Reusable Launch Vehicle (RLV)
Part 433 — License to Operate a Reentry Site
Part 435 — Reentry of a Reentry Vehicle Other than a Reusable
Launch Vehicle (RLV)
Part 437 — Experimental Permits
Part 440 — Financial Responsibility
Part 460 — Human Space Flight Requirements
Complete FAA/AST Regulations, 14 CFR Chapter III (PDF, 4.4 MB)
Miscellaneous Changes to Commercial Space Transportation
Regulations; Final Rule (PDF) (8/31/2006)



http://ecfr.gpoaccess.gov/cgi/t/text...2.9.24&idno=14
Title 14: Aeronautics and Space

PART 460—HUMAN SPACE FLIGHT REQUIREMENTS

Subpart A—Launch and Reentry with Crew

§ 460.1 Scope.
§ 460.3 Applicability.
§ 460.5 Crew qualifications and training.
§ 460.7 Operator training of crew.
§ 460.9 Informing crew of risk.
§ 460.11 Environmental control and life support systems.
§ 460.13 Smoke detection and fire suppression.
§ 460.15 Human factors.
§ 460.17 Verification program.
§ 460.19 Crew waiver of claims against U.S. Government.
§§ 460.20-460.40 [Reserved]


Subpart B—Launch and Reentry with a Space Flight participant

§ 460.41 Scope.
§ 460.43 Applicability.
§ 460.45 Operator informing space flight participant of risk.
§ 460.47 [Reserved]
§ 460.49 Space flight participant waiver of claims against U.S.
Government.
§ 460.51 Space flight participant training.
§ 460.53 Security.


Without having digested all the new regulations, I presume it is the
"§ 460.49 Space flight participant waiver of claims against U.S.
Government" that permits commercial operations. It's probably clearly
buried somewhere in he
http://ecfr.gpoaccess.gov/cgi/t/text...2.9.22&idno=14