To: U.S. DepartmentofTransportation DocketOperations, M-30 WestBuilding, Ground Floor RoomW12-140 1200 NewJerseyAvenue, 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 LibertyFoundation, Inc. 

### cjo StuartA Goldstein, Esq. StuartA 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, 20152 

### 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. Duringthatperiod, Libertyflew 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 ofmedia 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 198media 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 copyofenvelope attachedhereto as ExhibitA.3

morethanthreemonths priorto the expiration ofthe Exemption and FAA had more thanadequatetimeto actonitpriortoits expiration. BASES FOR RECONSIDERATION Liberty respectfully suggests its Exemption should be renewed because Liberty has at all times operated at the highest level ofsafety. As the statistics set out above clearly demonstrate, Liberty could nothave 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, maintenancepersonnelto accomplishits maintenancerequirementsin 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 theaircraftwas properlyreturnedto servicebyone ofthoseA& 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 of4
your office about the June 2011 incident and Liberty otherwise fully cooperated in theinvestigation. 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 recognizedtherole ofLiberty's Part91 status and its role in maintenance services. After receipt ofthe Denial OfExemption, Mr. Fowler had a conversation with Mr. Tom Glista ofyour office regardingthe Denial. Mr. Glista indicated the Denial is related to changes to all exemption holders regarding new requirements. As ithas always done, Liberty is committed to meeting and exceeding any new regulatory guidance/requirements. Libertyalreadyhas inplace safetycontrols andprocedures that far exceed current requirements, including a full Operations Manual, which is
on file with theAtlanta FSDO. Libertyhas always and continues to committo 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 nonrenewits Exemptionin anticipationofthese changes. As FAA well knows, other exemption holders have had incidents/accidents/LOiswhich did notresultin non-renewal orrevocation oftheir exemptions. Further, as noted above, the maintenance issues were resolved in Mr. Schneider'scase several months priorto Liberty'slastrenewal onMay 25, 2012.5 Finally, given the enormous success ofLiberty'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 LibertyFoundation, Inc.

StuartA Goldstein, Esq. StuartA 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 ofTransportation 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 STUARTA. GOLDSTEIN, P.A. 9350 SOUTH DIXIE HIGHWAY, lOTH FLOOR MIAMI, FL 33156

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