That's an interesting point about the flight plan - if the intention of the flight was to test the vehicle at max Q, then the rest of the plan is almost a contingency.
SpaceX: We expect the vehicle to reach 40km at which point it will probably blow up.
FAA: Ok but what if it doesn't blow up?
SpaceX: Well I suppose we could separate the stages.
FAA: And then what happens?
SpaceX: Well I suppose we could try to land the first stage and launch the second stage into the ocean...
SpaceX: We expect the vehicle to reach 40km at which point it will probably blow up.
FAA: Ok but what if it doesn't blow up?
SpaceX: Well I suppose we could separate the stages.
FAA: And then what happens?
SpaceX: Well I suppose we could try to land the first stage and launch the second stage into the ocean...
etc etc.