September 14, 2015

VIA ELECTRONIC SUBMISSION

The Rules Docket (AGC 200)

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC. 20591

Re: Petition 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 Whom 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. The Lone Star Flight Museum considers its manual 

system as proprietary information and will make these documents available upon request outside of the 

public docket.

Very Truly yours,

 

Larry J. Gregory

President

Lone Star Flight Museum
TO: The Rules Docket (AGC 200)

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC. 20591

PETITION 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.

PETITIONERS: LONE STAR FLIGHT MUSEUM

P.O. BOX 3099

2002 TERMINAL DR.

GALVESTON, TX 77552
PETITION SUMMARY

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 Title 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 Flying 

Fortress aircraft 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. 

We also 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 

members of veterans and other individuals to spread the ashes of their loved one from the B-17 and B25. 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 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.

REASON FOR PETITION

The LSFM was a previous holder of a LHFE exemption and plans to offer flight experiences 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 maintenance 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 General 

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. 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 

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 precedent 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 veterans, first responders and other citizens. The LSFM has received 

numerous 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 adhere to 

our LHFE manual system to ensure safety during these operations.

EQUIVALENT LEVEL OF SAFETY

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 their restored condition, both aircraft are 

maintained 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 meet 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 in 
accordance 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 aircraft. 

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 experience 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 regularly 

undergo a revision process as we operate in the future. We are striving to be a flagship operator and 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 policy published on July 21, 2015:

A. The B-25 and B-17 are “Historically Significant”:

 US Operated

 The B-25 and B-17 are no longer in military 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 the 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

 Maintenance training elements.

 Replacement plan for time-limited parts or development of an oncondition 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.

 Formation flights

 Skydiving

Based upon the foregoing, the LSFM requests the FAA to grant our petition for LHFE for the 

operation of its B-25 and B-17 aircraft.

LONE STAR 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