September 14, 2015

**VI A**  **ELECTRONIC SUBMISSION** The Rules Docket (AGC 200) Federal Aviation Administration 800 Independence Avenue, SW Wa shington, DC. 20591

Re: P etition for the Lone Star Flight 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 Lone Star Flight Museum’s B - 25 and B - 17 aircraft.
To Wh om It May Concern: Enclosed is a petition to grant the Lone Star Flight Museum a Living History Flight Experience exemption which provides relief from Federal Aviation Regulations 91.9, 91.315, 119.5(g), and 119.21(a) for the operation of our B - 25 and B - 17 aircraft. Th e Lone Star Flight Museum considers its ma nual system as proprietary

i nformation and will ma ke these documents available upon request outside of the public docket.

Very Truly yours,

Larry J. Gregory President Lone Star Flight MuseumTO: The Rules Docket (AGC 200)

Federal Aviation Administration 800 Independence Avenue, SW Wa shington, DC. 20591

**PETITION FOR THE LONE ST AR** **FLIGHT MUSEUM’S LIVING HISTORY FLIGHT EXPERIENCE EXEMPTION WHICH EXEMPTS FEDERA**  **L A VIA**  **TI ON REGUL**  **AT IONS 91.9,**  **91.315, 119.5(G), A ND 119.21(**  **A) FOR THE OPERA**  **TION OF THE LONE ST AR** **FLIGHT MUSEUM’S B**  **- 25**  **AND B -**  **17 AI**  **RCRA FT.** 

**PETITIONERS: LONE ST** **AR FLIGHT MUSEUM** 

**P.O. BOX 3099 2002**  **TERMINA L DR.**  **GA LVESTON, TX 77552** **PETITION SUMMA RY**  The Lone Star Flight Museum (LSFM), a § 501(c) (3) non - profit educational museum, requests consideration for a Living History Flight Experience (LHFE) exemption. The LHFE exemption provides relief from T itle 14 Code of Federal Regulations §§ 91.9, 91.315, 119.5(g), and 119.21(a) for the operation of the LSFM’s B - 25 (N333RW S/N 44 - 86734) and B - 17 (N900RW S/N 44 - 85718) aircraft. These aircraft represent two of the very rare North American B - 25 Mitchell and Boeing B - 17 Fly ing Fortress ai rcraft currently in airworthy condition. The LSFM wishes to provide historical flight experiences in these aircraft to its members and the general public. Both aircraft are certified in the limited category. Wealso request an allowance for the carriage of cargo for compensation or hire in the form of cremated human remains for the purpose of dispersal. The LSFM has received requests from family me mb ers of veterans and other individuals to spread the ashes of their loved on e from the B - 17 and B 25. W e 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 LSFM will abide by local statutes and applicable FAA regulations regarding dropping of objects and/or cremated remains to ensure an equivalent level of safety. **REA SON FOR PETITION**  The LSFM was a previous holder of a LHFE exemption and plans to offer flight experie nces at events throughout the State of Texas 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 m aintenance is accomplished pursuant to the applicable regulations and appropriate military technical orders. The LSFM has developed and instituted a Safety Management System (SMS), General Operations Manual, Pilot Qualifications and Training Manual and a G eneral Maintenance Manual to provide enhanced safety measures to insure an equivalent level of safety for the public.**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. W hile the aviation history ca n be represented with static displays in m useums 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 LSFM in this Petition for Exemption, the scope of §§ 91.9, 91.315, 119.5(g), and 119.21(a), specific to the operation of the LSFM B - 25 and B - 17 aircraft, does not set a pre cedent with the FAA. Likewise, the LSFM has previously been granted an exemption to disperse human remains from our B - 17 and B - 25 aircraft. Aerial scattering of cremated human remains from our historic aircraft is a unique and special tribute for veteran s, first responders and other citizens. The LSFM has received num erous inquiries to disperse cremated remains. Currently, no other means of scattering human remains from a historic WWII bomber aircraft is available without an exemption. The LSFM will adh ere to our LHFE manual s ys tem to ensure safety during these operations. **EQUIVA LENT LEVEL OF SA**  **FETY** The LSFM is committed to the safe operation of the B - 25 and B - 17 aircraft. The B - 25 and B - 17 both underwent a restoration process that encompassed nearly 25,000 total man hours prior to being returned to service. In order to preserve these aircraft to th eir restored condition, both aircraft are ma intained at a level that meets or exceeds the regulations. FAA Approved Inspection Programs have been established for these aircraft for nearly three decades. Appropriate military tech 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 LSFM. The LSFM has developed an SMS to foster and maintain a proactive safety culture. All pilots are required to me et or exceed the experience and training requirements specified in the attached LSFM General Operations Manual and Pilot Qualifications and Training Manual. All flight operations and ground and flight training are conducted inaccordance with the Flight Manuals for the B - 25 and B - 17 aircraft as well the LSFM General Operations

Manual and Pilot Qualifications and Training Manual **.** The Pilot- in - Command and Second - in - Command flight and ground school training requirements ensure safe operation of the aircraf t. The implementation of our 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 experien ce and/or dispersal of cremated human remains in both the B - 25 and B - 17 aircraft. The LSFM realizes these manuals are living documents and will reg u larly undergo a revision process as we operate in the future. Weare striving to be a flagship operator an d look forward to working with the FAA in the post moratorium era of the LHFE program. The following summarizes LSFM’s Equivalent Level of Safety (ELoS) in that it meets or exceeds the requirements of the FAA polic y published on July 21, 2015 : A. The B - 25 and B - 17 are “Historically Significant”:
 US Operated
 The B - 25 and B - 17 are n o longer in m ilitary service
 Fragile – Less than 35 B - 25 aircraft are operational and about 10 B - 17 aircraft are flyable.
 Age (B - 25 was built in 1944, B - 17 was built in 1945)
 No standard category aircraft exist for either 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 t he LSFM. The LSFM has developed a Safety Management System (SMS) to foster and maintain a proactive safety culture. D. Manual System

• LSFM has developed a manual system similar in terms of intent and scope of those in 14 CFR Part 135 to include: o LSFM General Operations Manual (GOM)o LSFM Pilot Qualifications and Training Manual o LSFM SMS Manual o LSFM General Maintenance Manual. o LSFM Approved Inspection Program(AIP) including, but not limited to:
 Review of previously approved AIPs as provided by 14 CFR 91.415
 Main tenance training elements.
 Replacement plan for time - lim ited parts or development of an on condition inspection program for such parts.
 Aging aircraft inspection program.
 Corrosion inspection program.
 Continued Operational Safety (COS). E. LSFM prohibits the following for LHFE flight operations, as stated in the General Operations Manual:
 Flight training
 Aerobatics
 Passenger manipulation of the flight controls.
 Form ation flights
 Sk yd iving Based upon the foregoing, the LSFM requests the FAA to grant our petiti on for L HFE for the operation of its B - 25 and B - 17 aircraft. **LONE ST AR** **FLIGHT MUSEUM** Dated: September 14, 2015 By :

________________________________________________ Larry J. Gregory, President **Lone Star Flight Museum P.O. Box 3099**  **2002 Terminal, Dr. Galveston, TX 77552**