§ 44737. 1 1 Another section 44737 is set out following section 44736. Special rule for certain aircraft operations. 2 2 So in original. The period probably should not appear.

• (a) The operator of an aircraft with a special airworthiness certification in the experimental category may—
  • (1) operate the aircraft for the purpose of conducting a space support vehicle flight (as that term is defined in chapter 3 3 So in original. Probably should be “section”. 50902 of title 51); and
  • (2) conduct such flight under such certificate carrying persons or property for compensation or hire—
    • (A) 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
    • (B) without obtaining a certificate issued by the Administrator to conduct air carrier or commercial operations.
• (b) Subsection (a) shall apply only to a space support vehicle flight that satisfies each of the following:
  • (1) (1) 4 4 So in original. The aircraft conducting the space support vehicle flight—
    • (A) takes flight and lands at a single site that is operated by an entity licensed for operation under chapter 509 of title 51;
    • (B) 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;
    • (C) 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
    • (D) is used only to simulate space flight conditions in support of—
      • (i) training for potential space flight participants, government astronauts, or crew (as those terms are defined in chapter 509 of title 51);
      • (ii) the testing of hardware to be used in space flight; or
      • (iii) research and development tasks, which require the unique capabilities of the aircraft conducting the flight.
• (c)
  • (1) 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.
  • (2) 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 5 5 So in original. Probably should be followed by a period.