On Tue, 29 Jan 2008 19:18:27 -0800, "Marc J. Zeitlin"
wrote in
:

Larry Dighera wrote:

So it would seem that the operator of an ostensibly uncertified
aircraft, that can truly be considered experimental in my opinion, is
authorized by the FAA to "verify" the spacecraft is safe for flight.

Yes, with a substantial amount of FAA/AST oversight and signoff of the
analysis/verification.

But that doesn't address Sec. 91.319's prohibition against flying
paying passengers in experimental aircraft, does it?

While the aircraft (mothership) is certificated in the experimental
R&D category, no paying passengers will be carried.

Once the Launch License is granted (after testing as Exp. R&D and
further testing with a Launch Permit) the paying passengers can be
carried ONLY WHILE ON A LAUNCH MISSION under the Launch License - NOT
under the Exp. R&D certificate.

I suppose the rational for this policy of somewhat lower standards for
spacecraft is due to the limited technical information available to
would be certifiers and their limited experience in this field, the
uniqueness of each vehicle, and the desirability to foster growth in
the fledgling, domestic space flight marketplace. Also, it would
appear that Sec. 91.319 is concerned with the safety of those over
whom experimental aircraft fly. Spacecraft operations obviate that
issue, as they are restricted to spaceports, IIUC.

Thank you for your input. Are you affiliated with the space flight
industry?