Federal · Title 49 — Transportation
49 U.S.C. § 44740: Special rule for certain aircraft operations
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operate the aircraft for the purpose of conducting a space support vehicle flight (as that term is defined in section 50902 of title 51 ); and notwithstanding any rule or term of a certificate issued by the Administrator of the Federal Aviation Administration that would prohibit flight for compensation or hire; or without obtaining a certificate issued by the Administrator to conduct air carrier or commercial operations. takes flight and lands at a single site that is operated by an entity licensed for operation under chapter 509 of title 51; is owned or operated by a launch or reentry vehicle operator licensed under chapter 509 of title 51, or on behalf of a launch or reentry vehicle operator licensed under chapter 509 of title 51; is a launch vehicle, a reentry vehicle, or a component of a launch or reentry vehicle licensed for operations pursuant to chapter 509 of title 51; and training for potential space flight participants, government astronauts, or crew (as those terms are defined in chapter 509 of title 51); the testing of hardware to be used in space flight; or research and development tasks, which require the unique capabilities of the aircraft conducting the flight. Section 44711(a)(1) shall not apply to a person conducting a space support vehicle flight under this section only to the extent that a term of the experimental certificate under which the person is operating the space support vehicle prohibits the carriage of persons or property for compensation or hire. Nothing in this section shall be construed to limit the authority of the Administrator of the Federal Aviation Administration to exempt a person from a regulatory prohibition on the carriage of persons or property for compensation or hire subject to terms and conditions other than those described in this section. An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in FAA [Federal Aviation Administration] regulations and policy in effect as of the date of enactment of this Act [ May 16, 2024 ], shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire. An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire. The Administrator [of the Federal Aviation Administration] shall, as necessary, issue, revise, or repeal the rules, regulations, guidance, or procedures of the FAA to conform to the requirements of this section.”
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