### Preserve Educate Honor

June 4, 2015

Docket ManagementFacility U.S. Department ofTransportation 1200 NewJerseyAvenue, SEWest Building Ground FloorRoomW12-140 Washington, DC 20590

To FederalAviationAdministration, Subject: Palm SpringsAirMuseum ExemptionRequest for and LimitedNorthAmericanP-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, N151BP, for thepurpose ofcompensationorhire.

We respectfully submitthattheAgency either approve the requestedExemption as requested orprovide the PSAM a path forward to satisfy the safety concerns of the Department. As it stands now, the Agencyhas notprovided a clearpath andtime lineto resolution ofthe FlightExemptionissue.
While we certainly respect the need to identify safety concerns for any flight operations. It is also necessaryto providepotential applicants some frame work and time frame for resolution. Sincerely,

Museum Director, Palm SpringsAirMuseum

745 North GeneAutryTrail,PalmSprings,CA92262 760.778.6262 • FAX760.320.2548 www.PalmSpringsAirMuseum.orgPETITION SUMMARY

The Palm SpringsAirMuseum (PSAM) requests an exemptionfrom 14 CPR 91.315, 14 CPR 119.5 (g) and 14 CPR 119.21 for the purpose ofgiving passenger flight experiences in its NorthAmerican 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 ofPSAM to provide flight experiences inthis aircraftto its members andthe 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 seenby 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 limitedto: Federal STEM (Science, Technology, Education and Math) programs, anAviationExplorers 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 aviationhistory- bothcivil andmilitary.

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 ofFame Museum, Chino, California, and became
a tenant wing known as the Planes of Fame East Collection. Upon retiring from his successful business, Mr. Pond movedto Palm Springs andtookhis collection ofaircraftwithhim. 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

1World"

- has been one ofthe world's premierW.W.II aircraft collections with a mission ofpreservation, exhibition and education ofW.W.II aircraft to show the role ofthe American citizen in W.W.II. As most ofthe aircraft in the collection are airworthy, they are flown for museum "FlightDemonstrations" as well as displayed at numerous airshows around the United States where they are seen by many thousands ofpeople. As these priceless artifacts become more rare and valuable over time, itbecomes increasingly difficult to maintain, operate, and display the aircraftto 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 ofthe public for flight experiences to help defray the steep operating costs. It is this avenue whichthe PSAM will be increasinglyrelying upon for future sources ofincome.

The P-51 is one of the most iconic airplanes ever developed, and arguably the most important of W.W.II. Its legacy andhistory deserves promotionfor future generations. The Mustang's development is one ofthe 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 offamed Tuskegee airman, Lt.Col. Bob Friend. Col. Friend is active with ourMuseum and will accompanythe aircraft on tour as it promotes awareness ofdiversity and the contribution ofTuskegee 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 oftheAfrican-Americancommunity.
This special connectionwill influence and encourage diversity bymotivating moreAfrican -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 ofdiversity history, we feel that the PSAM should be allowed to give flight experiences inthisparticularP-51 for compensation orhire.

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 withthis Exemption, operations will only allowpassengerflights 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 inthe P-51 benefits the public as atactile historical artifactthathonors 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 ofpreservation, exhibition and education.

EQUIVALENTLEVEL OF SAFETY- FLIGHT OPERATIONS

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

2Museum 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 ofthe Museum, an internal audit was accomplished. The result ofthis audit was a desire to increase emphasis in several key areas. To accomplishthese 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 ofconstructing 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 ofthe Director ofFlight Operations (DFO), Director ofMaintenance (DM) and several other PSAM pilots. The new Chairman and head ofthe FSC is one of6 National Examiner warbirdpilots inthe 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 mentionthat all ofFlight 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 ofFAR's, the PSAM FOM, or Museum rules/policy. Additionally, all PSAM pilots are required to sign a compliance statement stating thatthey understand and agree to abide by all rules, restrictions, regulations, and policies as dictated by the PSAM FOM and FAR's. Refusal to sign
orcomplybyany PSAMpilotis immediate grounds for expulsionfrom Flight Ops.

The experience level ofthe PSAM Flight Ops staffis 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 PSAMpilothas previously flown with another air museum priortojoiningthe 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 91.147 Letter ofAuthorization 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 ofsafety thatensuresthe quality ofthe PSAM staffis very high.

It is this continual emphasis on safety, training and standardization which forms the backbone ofthe efficacy ofthe FSC and consequently, the PSAMpilots. That will ensure that the quality ofpilots 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 toprovidethe equivalent level ofsafety.

EQUIVALENT LEVEL OF SAFETY- MAINTENANCE

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

3extensive 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 ofthe volunteers are retired/former military trained maintainers who are supervised by PSAM staff. Between the experience, knowledge and extensive maintenance records/manuals/tech orders/librarythat PSAMmaintains, the maintenance department is heldto a very high standard

- far above that required of 14 CFR 43. All ofthe flyable aircraft in the PSAM are maintained in airworthy condition as dictated by 14 CFR43, 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 ofsafety is well established and its ability to perform as a "Living History Flight Exemption" aircraft, as evidenced by many years ofprior operation ofother museums' P-51's, leaves no doubt as to its suitabilityfor this role.

Ourparticular aircraftjustcompleted an extensive andthoroughrestorationthis year. Beforethat ithad been overhauledby Cavalierinthe mid 1960's. Ithas always beenmaintained and operatedto a level equivalentto "Standard" category rules.

Because ofthese aforementioned reasons, we believe that PSAM will be able to provide an equivalent level ofsafety orhigher 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 ofits flight operations. This is provided through extensive oversight via the Flight Standards Committee ofthe 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 experiencedmechanics and volunteers.

The granting ofthis Exemptionwill not setprecedence as the FAAhas already givenmanyExemptions to Limited category certificated P-51's inthe past and currently. The granting ofthese 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 ofthe PSAM so it can continue its mission of preservation, exhibition and education.

4U.S. Department ofTransportation
Federai.Aviation Administration. LosAngeles Manufacturing Inspection DistrictOffice TransportAirplane_**Di~torate** 3960 Paramount Boulevard Lakewood, California 90712:4137



### SPECIALAIRWORTillNESSCERTIFICATE--LIMITED OPERATINGLIMITATIONS

These Operating Limitations form a part ofthe Special Airworthiness Certificate issued for the Aircraft described below, and must be displayed in 

### the aircraft in accordance with·Federal AviationRegulationpart91.203(b).

Make:NorthAmerican/AeroClassics Model: P-51D SerialNumber: 44-74908 RegistrationNumber: N15iBP


### (1) This aircraft does not meet the airworthiness requirements specified in Annex 8 tothe Convention on International Civil Aviation. Operations in civil airspace outside ofthe United Stateswillrequire thewrittenpermissionofthe applicable civil aviationauthorities (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 orthe CAA inthe country ofoperation. Operations may be further restricted by the foreign CAA. This may include not allowing use ofan airport, requiring specific routing, and restricting flight over specific areas. The operatormustcomplywithany additional limitationprescribed bythe CAAwhen operating inits 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-flightjettison. Installation ofexternal 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 manufacturerororiginalmilitaryoperatorisallowed, excepttopreventjettison. (51)
(3) · "This airplane must be operated at all times within 

### the limitations set forth in Army Technical OrderNo. AN-Ol-:-60JD-l for the P-51C, AN-Ol-60JE-l for theP-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 LTC-11 in

### which case the values given inLTC-11 mustbe observed. A copy ofthe applicable Army Technical Orders and LTC-11 must be carried during flight." In all cases it will be the responsibility ofthe applicant to secure a copy ofthe correct Technical Orders. TheFAAdoes nothavethese documents available for distribution.

05-27-2015 Date

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### 941613875 Designation