To: U.S. Department of Transportation 

Docket Operations, M-30 

West Building, Ground Floor 

Room W12-140 

1200 New Jersey Avenue, S. E. 

Washington, D. C., 20590 

PETITION FOR RECONSIDERTION OF THE LIBERTY FOUNDATION, INC., 

OF THE DENIAL OF ITS PETITION TO RENEW ITS EXEMPTION 

Petitioner: The Liberty Foundation, Inc. 

cjo Stuart A Goldstein, Esq. 

Stuart A Goldstein, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

stuartgoldsteinpa@att.net 

Dated: February 6, 2015 
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FACTUAL BACKGROUND 

Since approximately 2004, The Liberty Foundation ("Liberty") has held 

Exemption No. 8565, from Federal Aviation Regulations 14 CFR Sections 91.315, 

91.319(a), 119.5(g), and 119.21(a). During that approximately ten year period, 

Liberty continuously operated B-17 aircraft and also operated on a non-continuous 

basis P-51 and P-40 aircraft. During that period, Liberty flew in 100% safety 25,434 

LHEF passengers on 2,826 LHEF flights in 314 cities with no accidents, incidents, or 

injuries. Liberty also operated hundreds of media flights in 100% safety. Since the 

June 2011 incident and the latest renewal of its Exemption dated May 25, 2012, 

Liberty visited 99 cities, flew 9,330 LHEF passengers on 1,097 flights and also flew 

approximately 198 media flights. 

On August 22, 2015, Liberty timely petitioned the Federal Aviation 

Administration for an extension of its Exemption No. 8565, as amended. On 

December 10, 2014, the Acting Deputy Director, Flight Standards Division, issued 

the Denial Of Exemption. Although dated December 10, 2014, the Denial Of 

Exemption was not mailed until December 15, 2014, and it was mailed to Liberty's 

counsel's previous address. 1 Counsel's current address was on file with the 

Administrator and appears twice on Liberty's Petition. Liberty's undersigned 

counsel received the Denial on December 22, 2014. To the extent FAA's decision 

was that "since Exemption 8565, as amended, expired on November 30, 2014 and 

cannot be extended" no fault lies with Liberty since its Petition was timely filed 

1 See copy of envelope attached hereto as Exhibit A. 
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more than three months prior to the expiration of the Exemption and FAA had more 

than adequate time to act on it prior to its expiration. 

BASES FOR RECONSIDERATION 

Liberty respectfully suggests its Exemption should be renewed because 

Liberty has at all times operated at the highest level of safety. As the statistics set 

out above clearly demonstrate, Liberty could not have operated as successfully as it 

did over such an extended period of time if it operated other than at the highest 

safety level. As a Part 91 operator, Liberty utilized independent, experienced, 

professional, maintenance personnel to accomplish its maintenance requirements in 

compliance with AC-120-16F which states "authorized and certificated person(s) 

has the responsibility to perform the maintenance properly" and "the 

owner /operator does not have this responsibility." Specifically regarding the June 

2011 incident after which fire consumed the aircraft, Liberty utilized three A & P 

certificated mechanics to accomplish the maintenance on the fuel leak, after which 

the aircraft was properly returned to service by one of those A & P mechanics. 

In reference to the statement in the Denial Of Exemption that "A review of 

FAA records indicates that the Foundation did not report the above-mentioned 

malfunctions as required by the exemption," please be advised Liberty absolutely 

(and immediately) notified the Atlanta FSDO (the office responsible for Liberty's 

oversight) of the events of June 2011. The Atlanta FSDO will confirm this 

notification and the fact that it received no request for records from your office. 

Further, Mr. Ray Fowler had multiple conversations with Mr. Ray Stinchcomb of 
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your office about the June 2011 incident and Liberty otherwise fully cooperated in 

the investigation. 

The FAA's Letter of Investigation is dated December 20, 2011, some six 

months after the incident. Subsequent to the June 13, 2011 incident, FAA had an 

opportunity to thoroughly investigate the incident, brought charges against one of 

the A & P mechanics (Mr. Schneider) blamed him for the regulatory violations, 

settled those charges on January 31, 2012, and then renewed Liberty's Exemption 

almost four months later on May 25, 2012. By granting this renewal, FAA properly 

recognized the role of Liberty's Part 91 status and its role in maintenance services. 

After receipt of the Denial Of Exemption, Mr. Fowler had a conversation with 

Mr. Tom Glista of your office regarding the Denial. Mr. Glista indicated the Denial is 

related to changes to all exemption holders regarding new requirements. As it has 

always done, Liberty is committed to meeting and exceeding any new regulatory 

guidance/requirements. Liberty already has in place safety controls and procedures 

that far exceed current requirements, including a full Operations Manual, which is 

on file with the Atlanta FSDO. Liberty has always and continues to commit to work 

closely with FAA on any new regulatory requirements. However, we believe it is 

unfair to Liberty and those who have and will ride on its LHEF to purposely nonrenew its Exemption in anticipation of these changes. 

As FAA well knows, other exemption holders have had 

incidents/accidents/LOis which did not result in non-renewal or revocation of their 

exemptions. Further, as noted above, the maintenance issues were resolved in Mr. 

Schneider's case several months prior to Liberty's last renewal on May 25, 2012. 
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Finally, given the enormous success of Liberty's LHEF over the last 10 years, 

Liberty's commitment to continue and improve its safe operating practices, the 

renewal of other exemption holders who have had accidents, incidents, and LOis, 

the renewal of Liberty's Exemption is in the public interest and we respectfully 

request this Petition for Reconsideration be approved and Liberty's Exemption be 

renewed. 

Respectfully submitted, 

The Liberty Foundation, Inc. 

Stuart A Goldstein, Esq. 

Stuart A Goldstein, P. A 

7300 North Kendall Drive, Ste. 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

stuartgoldsteinpa@att.net 
u.s. Department 

of Transportation 

federal Aviation 

Administration 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Official Business 

Penalty for Private Use $300 

WA Form 1360-12 (2-92) 

MR. STUART A. GOLDSTEIN 

COUNSEL FOR THE LIBERTY FOUNDATION, INC. 

LAW OFFICES OF STUART A. GOLDSTEIN, P.A. 

9350 SOUTH DIXIE HIGHWAY, lOTH FLOOR 

MIAMI, FL 33156 

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