AFS-10-168-E 

 Exemption No. 10095 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

BROKEN WING, LLC Regulatory Docket No. FAA-2010-0168

 

for an exemption from §§ 91.3, 

91.7, and 91.105 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION 

 By letter dated February 16, 2010, Mr. Leland C. Shanle, President, Broken Wing, Ltd. 

(Broken Wing), 33 South Laclede Station Road, St. Louis, MO 63119, petitioned the Federal 

Aviation Administration (FAA) on behalf of Broken Wing for an exemption from §§ 91.3, 

91.7, and 91.105 of Title 14, Code of Federal Regulations (14 CFR). The proposed 

exemption, if granted, would allow for flight operations involving a Boeing 727 in support of 

the National Geographic (USA), Channel 4 (UK), and German ProSieben scientific 

demonstration and filming operation for television broadcast. The purpose of this project is to 

replicate a survivable aircraft landing mishap for the purposes of aerial filming and television 

exhibition by controlling a large passenger aircraft into a precise, controlled impact with the 

ground at a designated and prepared spot. 

The petitioner requests relief from the following regulations:

Section 91.3 prescribes, in pertinent part, that: 

(a) The pilot in command of an aircraft is directly responsible for, and is the 

final authority as to, the operation of that aircraft. 

(b) In an in-flight emergency requiring immediate action, the pilot in command 

may deviate from any rule of this part to the extent required to meet that 

emergency. 
2

(c) Each pilot in command who deviates from a rule under paragraph (b) of this 

section shall, upon the request of the Administrator, send a written report of 

that deviation to the Administrator. 

Section 91.7 prescribes, in pertinent part, that: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining 

whether that aircraft is in condition for safe flight. The pilot in command 

shall discontinue the flight when unairworthy mechanical, electrical, or 

structural conditions occur. 

Section 91.105 prescribes, in pertinent part, that:

(a) During takeoff and landing, and while en route, each required flight 

crewmember shall— 

(1) Be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in 

connection with physiological needs; and 

(2) Keep the safety belt fastened while at the crewmember station. 

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, 

during takeoff and landing, keep his or her shoulder harness fastened while 

at his or her assigned duty station. This paragraph does not apply if— 

(1) The seat at the crewmember's station is not equipped with a shoulder 

harness; or 

(2) The crewmember would be unable to perform required duties with the 

shoulder harness fastened. 

The petitioner supports its request with the following information:

Broken Wing is a motion picture and television production services provider specializing in 

aviation support. Broken Wing has applied for an experimental certificate for research and 

development purposes. The petitioner states that the goal of the project is to replicate a 

survivable aircraft landing mishap providing a platform to realistically exercise scientific 

safety experiments such as improving passenger restraint systems and measuring impact 

forces. The petitioner states that this method is similar to proven techniques of automotive 

crash-testing and military live-fire survivability testing. 

The petitioner states that the event will be photographed by onboard systems, airborne, and 

ground-based systems. The event will be broadcasted worldwide by the National Geographic 

(USA), Channel 4 (UK), and German ProSieben Television. The petitioner states that FedEx 

has offered the use of its B-727 simulator for project training, profile development, and 
3

rehearsals. Broken Wing will exercise overall project control and will apply standard test and 

evaluation project methodology, including the establishment of a configuration control board 

and flight test safety reviews. 

The petitioner states it has designed the program in such a way as to ensure that the operation 

of the aircraft could not be characterized as either careless or dangerous. 

Broken Wing states that a grant of exemption would be in the public interest. This 

demonstration would be a serious scientific event. Fatigue life and ultimate load testing of 

full scale aerospace vehicles in realistic, measurable scenarios have proven invaluable to 

improving transportation safety. As a direct result of this event, realistic dynamic crash 

testing of aircraft will be available for the first time at reasonable cost. The petitioner states 

that through this kind of controlled, scientific testing, public knowledge of and trust in the 

airworthiness of aircraft will be improved. 

Broken Wing believes that a grant of exemption would provide an equivalent level of safety. 

The assembled test team is qualified and proven at the highest levels attainable in government 

or commercial aviation circles for this type of activity. The team has applied rigorous 

methodology and risk management techniques learned from years of flight test experience. 

When executed as designed, this project poses no hazard to public safety. 

The petitioner states the aircraft will be flown within 5 minutes of the remote impact site. The 

flight crew will then exit the aircraft by parachute through the aft cabin door. The aircraft 

would then continue to the impact point under the control of a GPS-guided autopilot control 

monitored by two chase aircraft within visual range. The subject aircraft will be mounted 

with a remote control system that would be secured in existing seat tracks. This remote 

control system would be thoroughly tested and be provided power through the aircraft 

essential bus with a stand alone backup battery. 

Broken Wing states that interested scientific organizations and well-known and respected 

sponsoring organizations have signed on and are supportive of this project. The petitioner 

also asserts that the crash data would be valuable to the FAA. 

 A summary of the petition was published in the Federal Register on April 23, 2010 

(75 FR 21389). No comments were received. 

 
4

The FAA's analysis is as follows: 

The FAA has considered the petitioners’ request and supporting materials and finds that a 

grant of exemption would not be in the public interest and would not provide a level of safety 

equivalent to that provided by the current regulations.

As with all Contracting States to the Convention on International Civil Aviation (the Chicago 

Convention), the United States Government is obligated to comply with its international 

obligations under the Chicago Convention and its Annexes developed by the International 

Civil Aviation Organization (ICAO). Therefore, it is FAA’s policy to comply with ICAO 

standards to the maximum extent practicable. All of the Title 14 CFR provisions from which 

the petitioner seeks relief implement fundamental ICAO standards: § 91.3(a) - Responsibility 

and authority of the pilot in command, § 91.7 - Civil Aircraft Airworthiness, and § 91.105 - 

Flightcrew members at stations. These provisions ensure the safety of aircraft and persons on 

board during operations in international air navigation. Because of the FAA’s overriding 

interest in complying with our international safety oversight obligations, the petitioner has not 

demonstrated that granting the petition would be in the public interest. 

Because the FAA has determined that an exemption is not in the public interest, it is not 

addressing whether the proposed operation could be conducted in a manner that provides an 

equivalent level of safety as the applicable regulations. 

The FAA’s Decision: 

 In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 

and 44701, delegated to me by the Administrator, the petition of Broken Wing, LLC for an 

exemption from 14 CFR §§ 91.3, 91.7, and 91.105 is hereby denied. 

Issued in Washington, DC, on Jul 15, 2010. 

/s/ 

John M. Allen 

Director, Flight Standards Service .