AFS-15-3137-E 

November 13, 2015 

Mr. Fred Bell 

Museum Director 

Palm Springs Air Museum 

745 North Gene Autry Trail 

Palm Springs, CA 92262 

Dear Mr. Bell: 

This letter is to inform you that we are unable to process your request for exemption, and 

explains why we cannot process your requests for exemptions, from §§ 91.315, 119.5(g), and 

119.21 of Title 14, Code of Federal Regulations (14 CFR). 

Why We Can Not Process Your Request 

You entered a petition for exemption on June 4, 2015, on behalf of Palm Springs Air Museum 

(PSAM) into the public docket (No. FAA-2015-2990), but we are unable to process your 

request any further. 

The relief that you are seeking is from the limitation that limited category aircraft not be used 

for the purpose of compensation or hire. 

Specifically, § 91.315 states that no person may operate a limited category civil aircraft 

carrying persons or property for compensation or hire. 

Section 119.5(g) states that no person may operate as a direct air carrier or as a commercial 

operator without, or in violation of, an appropriate certificate and appropriate operations 

specifications. No person may operate as a direct air carrier or as a commercial operator in 

violation of any deviation or exemption authority, if issued to that person or that person's 

representative. 

Lastly, § 119.21 addresses limitations on commercial operators engaged in intrastate common 

carriage and direct air carriers. 
2 

The proposed exemption, if granted, would allow the PSAM to operate its limited category 

North American P-51, N151BP, for the purpose of carrying passengers on living history 

flights in return for compensation. 

Our Analysis 

On March 23, 2011, the FAA issued a moratorium on the issuance of new Living History 

Flight Experience (LHFE) exemptions. A copy of the Federal Register notice is enclosed for 

your information. 

This moratorium provided the FAA and the public with a needed opportunity to reevaluate 

the LHFE policy and the conditions of issuance of these exemptions. The evolution of LHFE 

operations in the private sector, along with availability of newer and more capable former 

military aircraft, raised public safety and public policy concerns. PSAM, who filed its 

petition during the moratorium on LHFE exemptions, cannot be granted an exemption at this 

time. 

Path Forward 

In your letter, you asked that the FAA provide PASM a “path forward” to LHFE operations. 

The FAA recently announced the lifting of the 2011 moratorium on new LHFE exemptions. 

This notice of policy was published in the Federal Register on July 21, 2015. This new policy 

contains the elements required for consideration of an LHFE petition for exemption. All 

existing LHFE holders, along with new entrants, will be required to meet the 2015 policy (a 

copy is enclosed for your review). We recommend that you submit a new petition for 

exemption that shows how your request complies with the 2015 policy. 

In consideration of the forgoing, the FAA will take no further action on your request for an 

exemption from 14 CFR §§ 91.315, 119.5(g), and 119.21, and will close the docket on this 

petition. If you have any questions, you may call TJ Leahy at (202) 267-1100. 

Sincerely, 

//s// 

James M. Crotty 

Manager, Aircraft and Airport Rules Division 

Office of Rulemaking

Enclosures: 

July 21, 2015 FR Notice of LHFE Policy 

March 23, 2011, FR Notice of LHFE Policy Moratorium