Preserve Educate Honor 

June 4, 2015 

Docket Management Facility 

U.S. Department ofTransportation 

1200 New Jersey Avenue, 

SE West Building Ground Floor Room W12-140 

Washington, DC 20590 

To Federal Aviation Administration, 

Subject: Palm Springs Air Museum Exemption Request for and Limited North American P-51 

Enclosed is a Petition for exemptions from 14 CFR 91.315, 14 CFR 119.5(g) and 14 CFR 119.21 for 

the operation of the Palm Springs Air Museum's (PSAM) limited category North American P-51, 

N 151 BP, for the purpose of compensation or hire. 

We respectfully submit that the Agency either approve the requested Exemption as requested or provide 

the PSAM a path forward to satisfy the safety concerns of the Department. As it stands now, the 

Agency has not provided a clear path and time line to resolution of the Flight Exemption issue. 

While we certainly respect the need to identify safety concerns for any flight operations. It is also 

necessary to provide potential applicants some frame work and time frame for resolution. 

Sincerely, 

Museum Director, 

Palm Springs Air Museum 

745 North Gene Autry Trail, Palm Springs, CA 92262 

760.778.6262 • FAX 760.320.2548 

www.PalmSpringsAirMuseum.org 
PETITION SUMMARY 

The Palm Springs Air Museum (PSAM) requests an exemption from 14 CPR 91.315, 14 CPR 119.5 (g) 

and 14 CPR 119.21 for the purpose of giving passenger flight experiences in its North American P-51 

Mustang, N151BP, Serial Number 44-74908, for compensation or hire. The P-51 is certificated in the 

Limited category and has historic significance as the most iconic aircraft ofW.W.II. The success ofthe 

United States in winning World War II is in large part due to this aircraft. It is the desire of PSAM to 

provide flight experiences in this aircraft to its members and the general public. 

BACKGROUND INFORMATION 

The PSAM is located centrally within California's Coachella Valley at Palm Springs International 

Airport (KPSP). KPSP was used during W.W. II originally as a staging field for the Air Corps 

Ferrying Command 21st Ferrying Group. Later during the war, training was also provided to pursuit 

pilots by IV Fighter Command, 459th Base Headquarters and Air Base Squadron. This was 

accomplished in P-51 Mustangs, P-40 Warhawks and P-38 Lightnings. The PSAM is a not-for-profit 

50l(c)(3) museum, established in 1994. Started by Robert J. Pond, a World War II Veteran pilot, the 

Museum houses three main display hangars, theater, gift shop, ramp and airport access for flight 

demonstrations, visiting planes, research library, simulator and an education center. The Museum is 

also used as the site for celebrity galas, private parties, balls and military reunions. Since its founding 

in 1994, the PSAM has been seen by over 1.5 million visitors (not including airshows) and is annually 

a very close second place as the top tourist attraction in historic Palm Springs. Notable past 

contributors and supporters to the PSAM include: Bob Hope, Tom Brokaw, as well as many former 

Generals/Admirals, Astronauts, Veterans and former U.S. military Chiefs of Staff. Many of the 

PSAM's 35 aircraft have been featured in various Hollywood movies, commercials and documentaries 

as televised on The History Channel, The Travel Channel, and several others. Recent Hollywood 

movies that PSAM aircraft have participated in include Disney's movie, "Planes", as well as "Pearl 

Harbor". The PSAM also has significant community involvement through education and outreach 

programs. The Museum is currently actively involved in several projects that include, but are not 

limited to: Federal STEM (Science, Technology, Education and Math) programs, an Aviation Explorers 

Program that will allow pre-college, high school age children from "at-risk", low socio-economic 

communities to work with mentors for Airframe and Powerplant licenses, as well as a lecture series 

held at the Museum's Education center 2 to 3 times a month. During these lectures, experts come talk 

about aviation history- both civil and military. 

PUBLIC BENEFIT 

The PSAM has its roots in the now defunct Planes of Fame East museum, formerly located at St. 

Cloud, Minnesota. Robert Pond started initially collecting W.W.II aircraft in 1980. After building a 

size-able collection, he partnered up with the Planes of Fame Museum, Chino, California, and became 

a tenant wing known as the Planes of Fame East Collection. Upon retiring from his successful 

business, Mr. Pond moved to Palm Springs and took his collection of aircraft with him. Wanting a way 

to honor our U.S. Veterans through an independent not-for-profit collection, he started the PSAM as a 

501(c)(3) in 1994. Since then, the Museum- currently listed in CNN's "Top 14 Air Museums in the 

1 
World" - has been one of the world's premier W. W.II aircraft collections with a mission of preservation, 

exhibition and education of W.W.II aircraft to show the role of the American citizen in W.W.II. As 

most of the aircraft in the collection are airworthy, they are flown for museum "Flight Demonstrations" 

as well as displayed at numerous airshows around the United States where they are seen by many 

thousands of people. As these priceless artifacts become more rare and valuable over time, it becomes 

increasingly difficult to maintain, operate, and display the aircraft to the general public. High operating 

costs due to scarce availability of parts, reasonable insurance rates and expensive fuel costs all 

contribute to permanently grounding these aircraft in the collection. As such, it becomes necessary to 

find more ways to generate income to keep these aircraft operating. One way which generates 

significant income is to charge members of the public for flight experiences to help defray the steep 

operating costs. It is this avenue which the PSAM will be increasingly relying upon for future sources 

of income. 

The P-51 is one of the most iconic airplanes ever developed, and arguably the most important of 

W. W.II. Its legacy and history deserves promotion for future generations. The Mustang's development 

is one of the primary reasons that Victory was secured for the Allies during W. W.II. It goes without 

saying that the legendary P-51 should be available for ordinary citizens to obtain flight experiences in. 

Our particular aircraft has been restored and is currently painted in the markings of famed Tuskegee 

airman, Lt. Col. Bob Friend. Col. Friend is active with our Museum and will accompany the aircraft on 

tour as it promotes awareness of diversity and the contribution of Tuskegee airmen with the general 

public at airshows and Museum events. This will create the opportunity to touch literally thousands of 

lives as it will generate significant publicity wherever it goes. Our Mustang, with its Tuskegee 

affiliation, will have a particular affinity and appeal to members of the African -American community. 

This special connection will influence and encourage diversity by motivating more African -Americans 

to seek aviation career fields. This strength through diversity will have a direct, positive impact for 

aviation - for the betterment of all involved. Given the Mustang's iconic status as an aircraft and its 

symbolic representation of diversity history, we feel that the PSAM should be allowed to give flight 

experiences in this particular P-51 for compensation or hire. 

Even though Palm Springs airport has both scheduled and non-scheduled flight operations, giving an 

exemption for P-51 operations will not be a threat to Part 121 and Part 135 operations. Since the P-51 

will be subject to all the normal restrictions and limitations associated with this Exemption, operations 

will only allow passenger flights to depart and land from the same airport within a 25 to 50 NM radius. 

Future passengers in the P-51 will not be using this aircraft for transportation, but rather to experience 

flight in a unique airplane for educational, nostalgic, and historical purposes. 

Providing flight experiences in the P-51 benefits the public as a tactile historical artifact that honors our 

Veterans and allows the general public to experience the sights, sounds and feelings that our Greatest 

Generation went through during war. These passenger operations will allow PSAM to reduce the 

significant operating deficits, thereby allowing us to continue the Museum mission of preservation, 

exhibition and education. 

EQUIVALENT LEVEL OF SAFETY- FLIGHT OPERATIONS 

In 2013, PSAM leadership decided to make an already successful Flight Operations Department at the 

2 
Museum safer, more efficient, and more effective at accomplishing Museum goals, while at the same 

time minimizing operational risk. After consultation with numerous employees, volunteers and friends 

of the Museum, an internal audit was accomplished. The result of this audit was a desire to increase 

emphasis in several key areas. To accomplish these improvements; a new Flight Standards Committee 

(FSC) team was formed to make autonomous decisions on safety, training, standardization, currency 

and pilot selection criteria/standards without "political" influence from other departments and 

leadership. The purpose of constructing this committee was to make safe, balanced decisions free 

from politics, and the "good ole' boy" mentality and attitude towards flight operations. The FSC, who 

only reports directly to the Museum Director, is comprised of the Director of Flight Operations (DFO), 

Director of Maintenance (DM) and several other PSAM pilots. The new Chairman and head of the 

FSC is one of 6 National Examiner warbird pilots in the U.S. His vast experience as a vintage military 

aircraft owner/operator, airline pilot, corporate pilot, general aviation pilot, designated Examiner and 

retired FAA employee gives him incredible insight to assist in the rebuilding of the Flight Ops 

department at PSAM. 

To mention that all of Flight Operations will operate in accordance with all FAR's, regulatory guidance 

and flight manuals is an understatement. In fact, our newly written and FSC approved Flight Ops 

Manual (FOM), in many cases, goes well beyond "the minimum" to ensure that PSAM aircraft are 

operated in the safest, most efficient and effective manner possible that uses best practices from the 

warbird/museum industry. To ensure that these high standards are always met, the FSC has 

autonomous authority to recommend discipline up to, and including termination, to the Museum 

Director for infractions of FAR's, the PSAM FOM, or Museum rules/policy. Additionally, all PSAM 

pilots are required to sign a compliance statement stating that they understand and agree to abide by all 

rules, restrictions, regulations, and policies as dictated by the PSAM FOM and FAR's. Refusal to sign 

or comply by any PSAM pilot is immediate grounds for expulsion from Flight Ops. 

The experience level of the PSAM Flight Ops staff is vast. Our pilots have backgrounds that include 

not only general aviation experience, but military (including combat time), airline and corporate as 

well. Between the 7 pilots on staff, the experience level exceeds 50,000 hours of flight time. 

Currently, every PSAM pilot has previously flown with another air museum prior to joining the PSAM 

staff. As part of the newly reorganized Flight Ops department, mandatory ground school, safety 

training and aircraft check-rides are conducted on an annual basis. Currently PSAM maintains a 14 

CFR 91.14 7 Letter of Authorization utilizing Standard category aircraft for "passenger carrying flights 

for compensation or hire". PSAM flight experience pilots and maintenance personnel are subject to 

mandatory FAA approved and regulated random drug/alcohol testing. This is another layer of safety 

that ensures the quality of the PSAM staff is very high. 

It is this continual emphasis on safety, training and standardization which forms the backbone of the 

efficacy of the FSC and consequently, the PSAM pilots. That will ensure that the quality of pilots that 

fly with paying passengers will be extremely high. It is because of these reasons that the PSAM 

believes its flight operations will meet or exceed that of normal "standard" category aircraft 

requirements to provide the equivalent level of safety. 

EQUIVALENT LEVEL OF SAFETY- MAINTENANCE 

The Maintenance department at PSAM is second to none, as all of the Maintenance staff have 

3 
extensive experience in maintaining W.W.II and post War military aircraft. All maintenance personnel 

at the museum are certificated Airframe & Powerplant technicians. The PSAM also has, on staff, a 

certificated Airframe & Powerplant technician with an Inspection Authorization. Several of its 

employees have worked in world class restoration shops, air museums and commercial aviation 

maintenance operations. Many of the volunteers are retired/former military trained maintainers who 

are supervised by PSAM staff. Between the experience, knowledge and extensive maintenance 

records/manuals/tech orders/library that PSAM maintains, the maintenance department is held to a very 

high standard - far above that required of 14 CFR 43. All of the flyable aircraft in the PSAM are 

maintained in airworthy condition as dictated by 14 CFR 43, aircraft maintenance manuals and specific 

directives. 

The P-51 Mustang was built as a reliable combat aircraft for long-range missions. It was designed to 

operate in an extremely demanding environment involving combat, weather conditions and robust use 

by inexperienced pilots. Its top notch combat and safety record bear witness to its success as a safe, 

reliable aircraft that will bring its pilot home under even the most austere conditions. The capstone of 

its success is epitomized by the fact that this 1940 design was retired as an active military combat 

aircraft only "recently" in 1984. Even prior to its retirement then, the Mustang design had been used 

for many decades as an air racer, sport flyer, test aircraft, and "living history" memorial aircraft. Its 

record of safety is well established and its ability to perform as a "Living History Flight Exemption" 

aircraft, as evidenced by many years of prior operation of other museums' P-51 's, leaves no doubt as to 

its suitability for this role. 

Our particular aircraft just completed an extensive and thorough restoration this year. Before that it had 

been overhauled by Cavalier in the mid 1960's. It has always been maintained and operated to a level 

equivalent to "Standard" category rules. 

Because of these aforementioned reasons, we believe that PSAM will be able to provide an equivalent 

level of safety or higher from a maintenance standpoint for the Mustang. 

DESCRIPTION OF RELIEF SOUGHT 

The PSAM requests exemption from 14 CFR 91.315, 14 CFR 119.5 (g) and 14 CFR 119.21 for the 

purpose of giving flight experiences in the Limited category P-51 for compensation or hire. The 

PSAM has demonstrated that an equivalent level of safety or higher will be imparted to the pilots, 

airplane, and participants of its flight operations. This is provided through extensive oversight via the 

Flight Standards Committee of the Flight Ops department who has autonomous authority over safety, 

training, standardization and minimums. An equivalent level or higher of safety in maintenance is 

ensured by not only our FAA approved maintenance program, but also through our highly qualified, 

supported, and experienced mechanics and volunteers. 

The granting of this Exemption will not set precedence as the FAA has already given many Exemptions 

to Limited category certificated P-51 's in the past and currently. The granting of these Exemptions will 

increase the public's awareness and educational value pertaining to our nation's history and help 

contribute toward the long term prosperity and future of the PSAM so it can continue its mission of 

preservation, exhibition and education. 

4 
U.S. Department 

of Transportation 

Federai.Aviation 

Administration. 

Los Angeles Manufacturing 

Inspection District Office 

Transport Airplane_ Di~torate 

3960 Paramount Boulevard 

Lakewood, California 90712:4137 

SPECIAL AIRWORTillNESS CERTIFICATE-- LIMITED 

OPERATING LIMITATIONS 

These Operating Limitations form a part of the Special Airworthiness Certificate issued for the 

Aircraft described below, and must be displayed in the aircraft in accordance with· Federal 

Aviation Regulation part 91.203(b). 

Make: North American/Aero Classics Model: P-51D Serial Number: 44-74908 

Registration Number: N15iBP 

( 1) This aircraft does not meet the airworthiness requirements specified in Annex 8 to the 

Convention on International Civil Aviation. Operations in civil airspace outside of the United 

States will require the written permission of the applicable civil aviation authorities (CAA). That 

written permission must be carried aboard the aircraft together with the U.S. airworthiness 

certificate and, upon request, be made available to an FAA inspector or the CAA in the country 

of operation. Operations may be further restricted by the foreign CAA. This may include not 

allowing use of an airport, requiring specific routing, and restricting flight over specific areas. 

The operator must comply with any additional limitation prescribed by the CAA when operating 

in its airspace. (1) 

(2) This aircraft is prohibited from flight with any externally mounted equipment unless the 

equipment is mounted in a manner that will prevent in-flight jettison. Installation of external 

stores (pylon and equipment) or external fuel tanks not approved by the manufacturer or the 

original military operator is prohibited. No change in external loading for the aircraft (for 

example, a change in a pylon, rack, or external store) from configurations approved by the 

manufacturer or original military operator is allowed, except to prevent jettison. (51) 

(3) · "This airplane must be operated at all times within the limitations set forth in Army 

Technical Order No. AN-Ol-:-60JD-l for the P-51C, AN-Ol-60JE-l for the P-51D (F-51D) and P51K (F51-K), and T.O. 01-60-123, 01-60-126 and 01-601-26 for applicable models, except for 

limitations specifically called out in L TC-11 in which case the values given in LTC-11 must be 

observed. A copy ofthe applicable Army Technical Orders and LTC-11 must be carried during 

flight." In all cases it will be the responsibility of the applicant to secure a copy of the correct 

Technical Orders. The FAA does not have these documents available for distribution. 

05-27-2015 

Date 

-END941613875 

Designation