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 reque sts 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 appr opriate 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 authorit y, 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