Commercial space flight is regulated by FAR Part 400 (actually a whole collection of parts, all 4xx) and not by Part 91, Part 135, or Part 141.  A "launch license" for each flight is required.  The rules that we airplane-drivers follow do not apply.

This was a huge deal for the FAA to set up.  As Brent said (or intimated), the FAA loves to follow precedent, and there was none.

- Rob Wolf