THE BEASLEY FIRM, LLC

JAMES E. BEASLEY, JR., M.D., LL.M.

JIM.BEASLEY@BEASLEYFIRM.COM

215.931.2676

ATTORNEYS AT LAW

THE BEASLEY BUILDING

1125 WALNUT STREET

PHILADELPHIA, PA 19107.4997

215.592.1000

888.823.5291

FAX: 215.592.8360

WWW.BEASLEYFIRM.COM

NEW JERSEY OFFICE

SUITE 100

1949 BERLIN ROAD

CHERRY HILL, 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 Regulations 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 petition to grant the Planes of Fame Air Museum a Living History 

Flight Experience exemption, which provides relief from Federal Aviation Regulations 

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/jm
TO: 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 REGULATIONS 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 AND SBD-5 AIRCRAFT.

PETITIONER: PLANES OF FAME AIR MUSEUM

7000 Merrill Avenue, Suite 17

Chino, CA 91710-9085
PETITION 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, the PoF seeks to provide 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 other 

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 aspect 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 previously 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 exemption 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 plans 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 initial 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 Manual, 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 

buildings, 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 public 
has 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 of §§ 

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, the POF will adhere 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 of 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 aircraft, as well as 

military technical 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 flight training are conducted in accordance with 
the 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 school 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 these manuals are important, developing documents which shall 

undergo regular revisions and updating 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

• No 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 concern 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 petition 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