Can Branson Charge For Flights In An Experimental Aircraft?

Is Branson going to certify White Knight Two and SpaceShipTwo?



http://www.heraldtribune.com/article...0838/-1/HELP07
NEW YORK -- A select group of rich tourists may be blasting into
space within a few years in a craft that developers say is
about 70 percent complete.

British billionaire Richard Branson and the aerospace designer
Burt Rutan on Wednesday unveiled a model of SpaceShipTwo, the
vehicle they hope will be able to take passengers about 62 miles
above Earth for the fun of it, with test flights possibly
beginning this year. ...

About 200 prospective passengers from 30 countries have made
reservations, shelling out $200,000 each.

But:


http://www1.airweb.faa.gov/REGULATOR...6?OpenDocument
Part 91 GENERAL OPERATING AND FLIGHT RULES
Subpart D--Special Flight Operations

Sec. 91.319

Aircraft having experimental certificates: Operating limitations.

(a) No person may operate an aircraft that has an experimental
certificate--
(1) For other than the purpose for which the certificate was
issued; or
-- (2) Carrying persons or property for compensation or hire.
(b) No person may operate an aircraft that has an experimental
certificate outside of an area assigned by the Administrator until
it is shown that--
(1) The aircraft is controllable throughout its normal range of
speeds and throughout all the maneuvers to be executed; and
(2) The aircraft has no hazardous operating characteristics or
design features.
(c) Unless otherwise authorized by the Administrator in special
operating limitations, no person may operate an aircraft that has
an experimental certificate over a densely populated area or in a
congested airway. The Administrator may issue special operating
limitations for particular aircraft to permit takeoffs and
landings to be conducted over a densely populated area or in a
congested airway, in accordance with terms and conditions
specified in the authorization in the interest of safety in air
commerce.
(d) Each person operating an aircraft that has an experimental
certificate shall--
(1) Advise each person carried of the experimental nature of the
aircraft;
(2) Operate under VFR, day only, unless otherwise specifically
authorized by the Administrator; and
(3) Notify the control tower of the experimental nature of the
aircraft when operating the aircraft into or out of airports with
operating control towers.
[(e) No person may operate an aircraft that is issued an
experimental certificate under §21.191 (i) of this chapter for
compensation or hire, except a person may operate an aircraft
issued an experimental certificate under §21.191 (i)(1) for
compensation or hire to-
(1) Tow a glider that is a light-sport aircraft or unpowered
ultralight vehicle in accordance with §91.309; or
(2) Conduct flight training in an aircraft which that person
provides prior to January 31, 2010.
(f) No person may lease an aircraft that is issued an experimental
certificate under §21.191 (i) of this chapter, except in
accordance with paragraph (e)(1) of this section.
(g) No person may operate an aircraft issued an experimental
certificate under §21.191 (i)(1) of this chapter to tow a glider
that is a light-sport aircraft or unpowered ultralight vehicle for
compensation or hire or to conduct flight training for
compensation or hire in an aircraft which that persons provides
unless within the preceding 100 hours of time in service the
aircraft has-
(1) Been inspected by a certificated repairman (light-sport
aircraft) with a maintenance rating, an appropriately rated
mechanic, or an appropriately rated repair station in accordance
with inspection procedures developed by the aircraft manufacturer
or a person acceptable to the FAA; or
(2) Received an inspection for the issuance of an airworthiness
certificate in accordance with part 21 of this chapter.
(h) The FAA may issue deviation authority providing relief from
the provisions of paragraph (a) of this section for the purpose of
conducting flight training. The FAA will issue this deviation
authority as a letter of deviation authority.
(1) The FAA may cancel or amend a letter of deviation authority at
any time.
(2) An applicant must submit a request for deviation authority to
the FAA at least 60 days before the date of intended operations. A
request for deviation authority must contain a complete
description of the proposed operation and justification that
establishes a level of safety equivalent to that provided under
the regulations for the deviation requested.
(i) The Administrator may prescribe additional limitations that
the Administrator considers necessary, including limitations on
the persons that may be carried in the aircraft.]