Broken Wing, LLC

33 South Laclede Station Road

St. Louis, MO 63119

tel: 314 378 8575

email: shantini1@yahoo.com

U.S. Department of Transportation

Docket Management System

400 7th Street, SW, Room PL 401

Washington, DC 20591–0001

Subj: Petition for exemption of requirements contained in Federal Aviation

Regulations § 91.3, § 91.7 and § 91.105 in the case of proposed flight

operations involving Boeing 727-200 N293AS in support of National

Geographic USA / Ch4 UK / ProSieben Germany scientific demonstration

and filming operation for Television broadcast

Ref: (A) FAA Order 8130.34

(B) 14 CFR section 11.61

Attachments:

(1) Summary of Area of Concern

(2) Cover Letter, Application for Experimental for Research &

Development Airworthiness Certificate

(3) Broken Wing LLC Program Letter for Unmanned Aircraft

Systems for an Experimental Certificate

(4) Broken Wing LLC Program Letter Safety Checklist

SUMMARY. Broken Wing LLC is a motion picture and television

production services provider specializing in aviation support. Broken Wing

LLC has been contracted to provide television production support for a

project that offers significant and unique benefits to the public in terms of

aviation safety and awareness. Representatives of Broken Wing LLC have

been working with FAA Western-Pacific Regional Headquarters on this

project, with the primary point of contact being Regional Administrator Mr.

William Withycombe (AWP-1). Although a petition for exemption under 14

CFR section 11.61 may not be strictly required, and specific deviations and

waivers for the operations proposed have already been submitted via other

FAA applications and processes are already being staffed through FAA field
offices and others, submission of this request follows the advice of WesternPacific Regional Counsel Mr. Carey Terasaki (AWP-7.1) in the interest of

thoroughness to ensure that this worthwhile project is able to proceed

without delay.

HANDLING. Do to the nature of this operation and the methods and

techniques freely discussed herein, we respectfully ask the government to

treat this communication and others from Broken Wing LLC as business

competition sensitive.

PROJECT OVERVIEW. The purpose of this project is to replicate a

survivable aircraft landing mishap for the purposes of aerial filming and

television exhibition by controlling a large passenger aircraft into a precise,

controlled impact with the ground at a designated and prepared spot. This

method of test is seen to be analogous to proven techniques of automotive

crash-testing and military live-fire survivability testing.

The aircraft will provide a platform to realistically exercise scientific safety

experiments, including improved passenger restraint systems, and to

scientifically measure actual impact forces. The aircraft final approach path

will replicate a representative excessive rate-of-descent landing mishap.

Cranfield Aeronautical University (UK) is the science lead. Cameras,

experiments and measuring systems will be placed on board by various

interested scientific organizations. The event will be photographed by

onboard systems, by airborne and ground-based systems, and is intended for

broadcast worldwide by the National Geographic (USA), Channel 4 in the

United Kingdom, German ProSieben Television in Germany. Support has

also been received by numerous other universities and science organizations.

FEDEX has offered the use of its 727 simulator for project training, profile

development, and rehearsals. Broken Wing LLC will exercise overall

project control and will apply standard test and evaluation project

methodology, including the establishment of a configuration control board

and flight test safety reviews.

POTENTIAL AREA OF CONCERN AND/OR EXEMPTION. Broken

Wing LLC has designed this program in such a way as to ensure that the

operation of the aircraft could not be characterized as either careless or

dangerous. Issues inherent to the proposed scientific method and purpose of

the flight event are addressed and contained in Broken Wing LLC’s program

letter application for an Experimental for Research and Development
airworthiness certificate; however, the overarching area of concern that

might require exemption is the operation of the aircraft with fewer flight

crew than required by type certificate (as contained in § 91.3, § 91.7 and

§ 91.105).

RATIONALE FOR EXEMPTION. For fewer flight crewmembers than

required by type rating, the rationale is that operating with no crew onboard

is a requirement for the safe operation inherent to the method of test

designed to avoid hazards to the crew. An equivalent level of safety is

attained by passing responsibility for the safe control and orderly conduct of

the aircraft to a fully qualified, capable and proven remote safety operator in

a nearby chase aircraft flying in visual formation, with secondary and

tertiary backup systems also in place.

MAINTENANCE. A full maintenance plan for the test aircraft is actively in

work between the maintenance provider, Mr. Dan Scanlon of Certified

Aviation Services, a certified repair station located at San Bernardino

Airport, and representatives of the Riverside FSDO. Broken Wing LLC has

already received an AMOC from Oklahoma City for an outstanding engine

AD, and Certified Aviation Services is already executing maintenance to

comply with outstanding AD’s and to meet the requirements of the proposed

maintenance plan. As such, no exemptions are anticipated to be required for

aircraft maintenance. Any and all changes and modifications (such as

removing the aft door to facilitate parachute operations, or adding camera

systems) will be documented and approved via standard procedures.

PUBLIC INTEREST. This demonstration is a serious scientific event.

Fatigue life and ultimate loads testing of full scale aerospace vehicles, and

crash testing of complete automobiles in realistic, measurable scenarios have

proven invaluable to improving transportation safety. As a direct result of

this event, realistic dynamic crash testing of aircraft will be available for the

first time at reasonable cost. Actual crash testing of complete vehicles

introduces dynamic variables that cannot be replicated by individual

component testing. The proposed flight test will be conducted in a nonsensational manner. Sponsoring organizations are well-known and wellrespected, and have insisted on such an analytical and serious-minded

approach. Through this kind of controlled, scientific testing, public

knowledge of and trust in the crashworthiness of aircraft will be improved.

In addition systems that do not perform as required will be identified for
improvement or correction. Approving this activity will result in positive

public perceptions regarding support for realistic testing, will have a positive

impact on public safety, and would therefore be in the public interest.

SAFETY. Safety has been the first and foremost planning consideration in

this project. Requested deviations from standard activities are reasonable

and well thought-out. The assembled test team is qualified and proven at the

highest levels attainable in government or commercial aviation circles for

this type of activity. The team has applied rigorous methodology and risk

management techniques learned from years of flight test experience. When

executed as designed this project poses no hazard to public safety.

METHOD OF TEST / CONTROL. The aircraft will operate as an OPV

(Optionally Piloted Vehicle, with a fully qualified flight crew onboard)

during flight test and rehearsal, and in an unmanned / remote override mode

(No Live Operator Onboard – NOLO) only during approximately the final 5

minutes of the crash flight. With the aircraft established on final approach

in the final configuration, primary and secondary remote control systems

checked and tested, and with a cleared range and drop zone, the onboard

crew (pilots and jumpmasters) will parachute from the aircraft in tandem

parachute rigs. The aircraft will then continue to its impact point via GPSguided autopilot control monitored by two chase aircraft flying in visual

formation. The remote control operators in the chase aircraft will provide

backup control to ensure the aircraft impacts the desired point.

DESCRIPTION OF REMOTE CONTROL SYSTEM. Backup remote

control is via direct UHF line-of-sight (LOS) link hand-controllers which

provide control of pitch and roll axes, and throttles. Control may be

assumed by the secondary airborne remote safety control operator (ARSCO)

located in secondary chase aircraft in the event of primary failure or loss of

signal, in a control scheme patterned after Tomahawk flight tests. A tertiary

(“last ditch”) backup commands throttles to idle and nose down movement.

Control logic and protocols are similar to QF-4 drone operations, with live

operators onboard during system checks and profile rehearsal. Remote

control servos connect to aircraft control cables via bolt-on/bolt-off clamps

and can be overridden by normal pilot input, and can be mechanically

disconnected as needed. These systems will be subjected to extensive

laboratory, ground, and airborne testing, including electromagnetic

compatibility / electromagnetic interference safety of flight (EMC/
EMI/SOF) tests. No aircraft modifications are required to mount the remote

control equipment, which is secured in existing seat tracks. Power for the

system is provided by the aircraft’s 28V DC essential bus for the primary

and secondary remote control systems. A stand-alone battery provides

power for the “last ditch” systems. A detailed description of the backup

remote control system is contained in Attachments (2) through (4).

LIMITATIONS OF FLIGHT AREAS. Flight tests and actual operations

will only be conducted in areas noted in Attachments (2) through (4), and

will avoid overflight and/or transit of populated areas to the maximum extent

possible. Parachute operations, including initial parachute verification

operations via a test jump by the Master Jumpmaster (Senior Chief Petty

Officer (SEAL) Billy Helmers, USN (retired)) will be conducted only in

designated areas, and only with proper authorization coordinated with the

cognizant FSDO. Flight operations and the final flight event itself will be

conducted in accordance with and under the restrictions of an approved

Movie Manual and supervised by a qualified Aerial Coordinator.

LIMITATIONS OF SCOPE FOR REMOTE MODE. Scope of operations in

the No Live Operator Onboard (NOLO) mode, in terms of configurations,

conditions, and geographical location has been purposely limited to the

maximum extent possible in order to reduce hazard exposure. No

configuration (gear, flaps) changes will be performed in the NOLO mode.

The NOLO remote mode is intended strictly as a backup to ensure precise

glideslope and impact point control, and additionally (through an

independent system) to provide a “last ditch” abort capability.

THE AIRCRAFT. B-727-200 N293AS, currently located in Ardmore,

Oklahoma. Details contained in Attachments (2) through (4)

PROJECT TEAM. Broken Wing LLC has assembled a highly qualified and

experienced team of pilots, test pilots, flight test engineers and jumpmasters

to conduct this operation. Names and qualifications of key personnel are

summarized, below:

-Leland C. Shanle, Jr. LCDR USN (ret). President of Broken Wing LLC

and Program Head. Former U.S. Navy QF-4 remote operator and

Tomahawk airborne missile control officer. Member, Society of

Experimental Test Pilots. Primary remote operator / CFI CFII. Currently
American Airlines.

-David M. Kennedy CAPT, USN (ret). Chief Test Pilot of Broken Wing

LLC. Former U.S. Navy QF-4 safety pilot and Tomahawk airborne missile

control officer. Graduate, U.S. Naval Test Pilot School. Primary B-727 SIC /

mission commander. Currently Booz Allen Hamilton.

-Sean McDonald. Former USMC F/A-18 pilot. Primary B-727 PIC /

Secondary Remote Control System Operator / backup FE. Currently

FedEx.

-William F. Warlick: CDR, USN (ret). Former Commanding Officer,

VXE-6. Graduate, U.S. Naval Test Pilot School. Backup B-727 SIC /

mission commander. Currently instructor, USNTPS.

-Terry Parker. RAF (ret). Graduate, U.S. Air Force Test Pilot School.

Backup B-727 SIC / mission commander. Currently easyJet, UK.

-John R. Stahl. Backup B-727 PIC / FE. Currently American Airlines.

-Mark Hass. CDR, USN (ret). Safety / Chase Pilot and backup B-727 FE.

Currently American Airlines.

-Len Anderson. LtCol, USMCR. Former U.S. Navy Flight Demonstration

Team (Blue Angels) solo. Safety / Chase Pilot. Currently FedEx.

-Chris Joachims. Safety / Chase Pilot. Aerial Coordinator. Currently

active Part 121 commercial pilot.

-Quinton Weisskettel. Spotter pilot, Pilot training, CFI. Currently Republic

Airlines.

-Billy Helmers. SCPO (SEAL), USN (ret). 2,500 jumps. Pro rated,

Tandem Master, AFF Instructor. Senior Jumpmaster.

-Larry B. CPO, USN (SEAL). 3,500 jumps. Pro rated, Tandem Master,

AFF Instructor. Combat Corpsman. Jumpmaster. Current operator.

-Blake R. CPO, USN (SEAL) Pro rated, Tandem Master, AFF Instructor.

Jumpmaster. Current operator.
-Scott C. 10,000 jumps. Pro rated, Tandem Master, AFF Instructor.

Current U.S. Navy contract parachute instructor. Jumpmaster.

- Joel Lambert. Former U.S. Navy SEAL. Drop Zone Safety Officer.

-Mark L Berry. Instructor / Check Airman at TWA for B727, B767/757,

MD80. Proposed project Check Airman and Training Officer. Currently

MD80 Captain, American Airlines.

-Morris Barnett. Flight Test Engineer. Primary designer for remote

operating system. Flight test engineer for QF-4S Full Scale Aerial Target

(FSAT) development and test. Currently Flight Test Engineer, Point Mugu.

-George Garatti. Master machinist / flight test equipment fabricator with

extensive aviation prototype fabrication experience, including QF-4N/S and

others. Currently Point Mugu.

PROJECT SPONSORS. Primary sponsors are National Geographic (USA),

Channel 4 (UK), and ProSieben (Germany).

APPLICATIONS CURRENTLY IN PROCESS. In accordance with

section 14 CFR 21.191(a) an application for a Special Airworthiness

Certificate under the Experimental for Research and Development category

has been submitted by Broken Wing LLC to Mr. Chris Bergen, Acting

Manager, Manufacturing Inspection Office, Transport Airplane Directorate,

(ANM-108). Draft copies of additional documents in process are included in

attachments (2) through (4). Broken Wing LLC’s point of contact at the

Riverside FSDO is Principal Maintenance Inspector Mr. Clint Ah You. The

project is also applying for designation of team member Michael L. Berry,

current American Airlines Captain and former Check Airman, to be

designated a Check Airman for the project so that he can most effectively

conduct team training on the ground, in the simulator, and in the air. Broken

Wing LLC will field a fully qualified and current flight crew (PIC, SIC, FE)

for the B-727 with backups for each position.

LOCATION. Primary location for this event is in Mexico at the La Salada

lakebed approximately 80 NM south of Mexicali Airport in the vicinity of

N31’ 53” / W115’ 15”. Broken Wing LLC has been teamed with an

experienced locations and regulatory expert to facilitate the requisite

approvals from Mexican authorities to conduct this operation. Upon receipt,
Broken Wing LLC will provide to the FAA copies of written approvals from

appropriate Government of Mexico regulatory agencies to operate a U.S.

registered aircraft with an Experimental for Research and Development

airworthiness certificate. Secondary location is private property in the

vicinity of Grand Canyon Caverns airport, Arizona, with negotiations for

that site currently in progress.

TIMELINESS. Meetings with Administrator Withycombe of the WesternPacific Regional office began in earnest in December of 2009 as soon as

sponsorship of the project was obtained. As is the case with this project,

Motion Picture and Television productions operate on much shorter

timelines than do government or other commercial operations. Sponsors are

still in the process of finalizing purchase of the aircraft (currently N293AS)

and only committed to the purchase on February 7, 2010. With a proposed

filming date of March 21, 2010, the 120-day lead time specified by 14 CFR

section 11.86 is not possible. Broken Wing LLC is requesting expeditious

granting of the requested exemptions, if required, or acknowledgement that

specific exemptions under 14 CFR section 11 are not required, in order to

conduct this operation.

CONCLUSION. Broken Wing LLC very much wants to see this project

succeed for reasons noted, above, and asks the FAA to consider the unique

business operating model of motion picture and television productions in

expediting this request. The FAA’s understanding and assistance in this

matter is greatly appreciated. Broken Wing LLC’s staff is poised to assist /

travel / brief as required.

Respectfully submitted,

Leland C. Shanle, Jr. President/ Broken Wing LLC tel: 314 378 8575

Cc: Mr. William Withycombe Bill.Withycombe@faa.gov AWP-1

Lirio Lui Lirio.Lui@faa.gov AWP-2

Mr. Carey Terasaki Carey Terasaki@faa.gov AWP-7.1

Mr. Chris Bergen Chris.Bergen@faa.gov ANM-108

Mr. Bobby Reed Bobby.Reed@faa.gov AWP-201B

Mr. Larry Kephart lgkephart@aol.com