# T HE 

# B EASLEY 

# F IRM 

# , LLC

J AMES E. B EASLEY , J R ., M.D., LL.M. JIM

. BEASLEY @ BEASLEYFIRM

. COM 215.931.2676 A TTORNEYS A T L AW

T HE B EASLEY B UILDING 1125 W ALNUT S TREET P HILADELPHIA , PA 19107.4997 215.592.1000 888.823.5291 FAX: 215.592.8360 WWW . BEASLEYFIRM . COM N EW J ERSEY O FFICE S UITE 100 1949 B ERLIN R OAD C HERRY H ILL , NJ 08003 856.354.0755 FAX: 856.673.0060

24 February 2017
VIA ELECTRONIC SUBMISSION Alphonso W. Pendergrass Program Analyst Aircraft and Airport Rules Division (ARM

- 200) Office of Rulemaking

- Aviation Safety Federal Aviation Administration OFC (202) 267

- 4713 alphonso.pendergrass@faa.gov
Re: Petition for the Planes of Fame Air Museum’s Living History Flight Experience exemption which exempts Federal Aviation Regulat ions 91.9, 91.315, 119.5(g), 119.21(a) , and 91.319(a) for the operation of its P

- 51, FG1

- D, B

- 25 , P

- 40, and SBD

- 5 aircraft

. Dear Inspector Pendergrass : Enclosed is a petiti on to grant the Planes of Fame Air Museum a Living History Flight Experience exemption , which provides relief from Federal Aviation Regulat ions 91.9, 91.315, 119.5(g), 119.21(a) , and 91.319(a) for the operation of the Museum’s enumerated aircraft

. Respectfully submitted, THE BEASLEY FIRM, LLC

BY:_____ /s/

__________________ JAMES E. BEASLEY, JR. JBJ/jmTO: The Rules Docket (AGC 200) Federal Aviation Administration 800 Independence Avenue, SW Washington, DC. 20591

PETITION FOR THE PLANES OF FAME AIR MUSEUM’S LIVING HISTORY FLIGHT EXPERIENCE EXEMPTION WHICH EXEMPTS FEDERAL AVIATION R EGULATIONS 91.9, 91.315, 119.5(g), AND 119.21(a ) FOR THE OPERATION OF THE PLNES OF FAME AIR MUSEUM’S P

- 51, B

- 25, FG1

- D, P

- 40 AN D SBD

- 5 AIRCRAFT.

PETITIONER : PLANES OF FAME AIR MUSEUM 7000 Merrill Avenue, Suite 17 Chino, CA 91710

- 9085PETITION SUMMARY
The Planes of Fame Air Museum (PoF) , a § 501(c) (3) non

- profit educational museum, requests consideration for a Living History Flight Experience (LHFE) exemption. The LHFE exemption provides relief from Title 14 Code of Federal Regulations §§ 91.9, 91.315, 119.5(g), and 119.21(a) and 91.319 (a) for the operation of the
POF ’s aircraft identified below. These aircraft represent historically significant and rare aircraft from World War II. All of these aircraft are in excellent, airworthy condition. As part of its mission, t he PoF seeks to pr ovide historical flight experiences in these aircraft to its members and the general public.
The PoF also seeks an allowance for the carriage of cargo for compensation or hire in the form of cremated human remains for the purpose of dispersal. Among oth er tasks, the PoF has an ongoing educational program which educates the public about United States history, both in terms of its military, engineering, and aviation history. These aircraft, and their use in flight, are critical to the proper education of the public as to this highly important and influential aspect of US History. There are also multiple other reasons for this exemption, including providing aircraft for military and civilian funeral ceremonies for veterans, an increasing and necessary as pect of properly recognizing the sacrifices of these veterans and to honor their legacy and families. We believe this is a meaningful tribute to many of our country’s veterans and is in the public interest, and does not set a precedent as we were previous ly granted permission from the FAA to perform this activity. The POF will abide by local statutes and applicable FAA regulations regarding dropping of objects and/or cremated remains to ensure an equivalent level of safety. This Petition seeks LHFE exempt ion for the following aircraft:• North American P51D; N7715C

• North American P51D; N5441V

• North American B25J; N3675G

• Curtiss P40N; N85104

• Vought F4U1; N83782

• Douglas SBD5; N670AM
REASON FOR PETITION
The POF was a previous holder of a LHFE exemption and pl ans to offer flight experiences at events throughout the State of California, the State of Arizona, as well as major aviation events around the country. Only qualified airmen are utilized in flight operations, and each is required to participate in initia l and recurrent flight and ground training. Aircraft maintenance is accomplished pursuant to the applicable regulations and appropriate military technical orders. The POF has developed and instituted a Safety Management System (SMS), General Operations Ma nual, Pilot Qualifications and Training Manual and a General Maintenance Manual to provide enhanced safety measures to insure an equivalent level of safety for the public. These documents have already been submitted to the FAA.
PUBLIC INTEREST
The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented herein. In each case, the FAA found that preserving historic U.S. aircraft is in the public interest, in the same manner that preserving historic building s, landmarks, and neighborhoods, has been determined to be in the public interest. While the aviation history can be represented with static displays in museums in the same manner that historic landmarks can be represented in museums, the publichas shown a willingness to support the preservation and operation of historic aircraft and a desire to experience flights in them. Based upon that recognition and the assurances of safety set forth by the POF in this Petition for Exemption, the scope o f §§ 91.9, 91 .315, 119.5(g), 119.21(a), and 91.319(a), specific to the operation of the POF , does not set a precedent with the FAA. For all operations, t he POF will adh ere to its LHFE manual system to ensure safety during all operations. EQUIVALENT LEVEL OF SAFETY
The POF is committed to the safe operation of its aircraft. It has an impeccable record of safety, and in addition to being a fully functioning museum and educational facility, it is also closely associated with “fighter Rebuilders,” which has repeatedly created award winning restorations. The pilots and maintenance personnel at PoF are unsurpassed in knowledge of the operation and maintenance of these historic aircraft. PoF’s President, Steve Hinton, is widely regarded as the most experienced pilot o f these specified aircraft in the world. All of the aircraft covered in this Petition and associated
documents are maintained at a level that meets or exceeds the regulations. FAA Approved Inspection Programs have long been established for these aircraf t , as well as military tech nical orders are also included in the maintenance of the aircraft in order to assure safe operation of the aircraft. Operational safety issues are a prime concern to the POF . The POF has developed an SMS to foster and maintain a proactive safety culture. All pilots are required to meet or exceed the experience and training requirements specified in the
attached POF General Operations Manual and Pilot Qualifications and Training Manual. All flight operations and ground and flig ht training are conducted in accordance withthe Flight Manuals for the aircraft as well the POF General Operations Manual and Pilot Qualifications and Training Manual

. The Pilot

- in

- Command and (in terms of the B

- 25)
Second

- in

- Command flight and ground sc hool training requirements ensure safe operation of the aircraft. The implementation of the PoF manual systems which includes, the enhanced pilot training syllabus and the maintenance training requirements, demonstrate the requisite equivalent level of safety provided to individuals who participate in a flight experience or approved operation, such as funeral flyovers . The POF recognizes and appreciates that t hese manuals are important, developing documents which shall undergo regular revisions and upda ting as times and events dictate. The following summarizes POF ’s Equivalent Level of Safety (ELoS) in that it meets or exceeds the requirements of the applicable FAA policy : A. The P

- 51, FG1

- D, B

- 25, P

- 40 and SBD

- 5 aircraft are “Historically Significant”:

• US Operated

• N o longer in military service

• Rare: although there are approximately 100 operational P

- 51 aircraft, there are less than a dozen of all remaining aircraft, and perhaps 25

- 30 operational B

- 25 aircraft

.

• Age (B

- 25 was built in 1944, B

- 17 was built in 1945)

• No standard category aircraft exist for these aircraft.
B. Designation of a Responsible Person and Operational Control Structure

• The designations are found in the General Operations Manual.
C. Safety & Risk Analysis• Operational safety issues are a prime c oncern to the POF . The POF has developed a Safety Management System (SMS) to foster and maintain a proactive safety culture.
D. Manual System

• POF has developed a manual system similar in terms of intent and scope of those in 14 CFR Part 135 to include:

o POF General Operations Manual (GOM)

o POF Pilot Qualifications and Training Manual

o POF SMS Manual

o POF General Maintenance Manual.

o POF Approved Inspection Program(AIP) including, but not limited

to:

• Review of previously approved AIPs as provided by 14 CFR
91.415

• Maintenance training elements.

• Replacement plan for time

- limited parts or development of

an on

- condition inspection program for such parts.

• Aging aircraft inspection program.

• Corrosion inspection program.

• Continued Operational Safety (COS).
E. POF prohibits the following for LHFE flight operations, as stated in the General Operations Manual:

• Flight training• Aerobatics

• Passenger manipulation of the flight controls.

• Formation flights

• Skydiving Based upon the foregoing, the POF requests the FAA to grant our pet ition for LHFE for the operation of its P

- 51, B

- 25, aircraft. Respectfully submitted,
PLANES OF FAME AIR MUSEUM

Dated: 24 February 2017 By:

_____ /s/ James E. Beasley, Jr.

_ ___________ JAMES E. BEASLEY, JR., ESQUIRE Counsel for Petitioner , Planes of Fame Air Museum