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 OF THE LIBERTY FOUNDATION, INC., TO 

EXTEND ITS EXEMPTION NO. 8565 TO CONTINUE TO 

OPERATE ITS B-17 AIRCRAFT 

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: August 22,2014 
PETITION SUMMARY AND HISTORY 

By letter dated May 25, 2012, The Liberty Foundation, Inc.'s (hereinafter 

"The Foundation") Exemption No. 8565 was extended through November 30, 2014, 

to continue to operate its B-17 (N3703G) aircraft and to operate its P-40 aircraft 

(N2416X). The Foundation no longer operates a P-40 aircraft and only operates a B17 aircraft. The Exemption is from. Title 14 CFR Sections91.315, 119.5(g), and 

119.21(a) and allows The Foundation to operate its aircraft and to carry passengers 

for compensation or hire on local flights for educational and historical purposes. 

REASON FOR THIS PETITION TO EXTEND ITS EXEMPTION 

The reasons and purposes for continuing to operate the B-17 are the same 

reasons and purposes that have been recognized in the past and set forth in the 

original Exemption (No. 8565, dated June 10, 2005) and continuing Exemptions. 

That is, The Foundation's "situation is unique in that the only way for a person to 

actually experience the flight characteristics of its airplanes is to be able to fly in the 

actual airplane. No other airplanes can replicate that experience." 

INTEREST OF THE PETITIONER 

The Foundation continues to actively operate pursuant to its Section 

501(c)(3) status granted by the United States Internal Revenue Service. The 

continued operation of The Foundation's B-17 aircraft will permit it to continue its 

mission to provide aeronautical education to Foundation members as well as to 

members of the general public. The Foundation believes the continuation of its 

Exemption is essential to its education outreach activities. 

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SAFETY ISSUES 

All of the elements which illustrate the equivalent level of safety relative to 

the grant of The Foundation's original Exemption as well as the extensions of that 

Exemption remain present in this program. All of the initial and recurrent training 

activities, as well as the FAA-mandated new conditions and limitations contained in 

Exemption No. 8565B continue to be effectively utilized in The Foundation's B-17 

operations. 

In order to assure a continued equivalent level of safety, The Foundation's 

aircraft will be maintained and inspected in accordance with FAA Aircraft 

Inspection Procedures and Inspection and Maintenance Procedures prescribed by 

the aircraft manufacturer. The FAA-approved inspection program, which meets the 

requirements ofF AR 91.409, previously approved for The Foundation, will continue 

to be followed and complied with. The Foundation's aircraft will continue to 

undergo all required periodic and annual inspections specified and all applicable 

military Technical Orders will be adhered to. The Foundation has adhered to, and 

will continue to adhere to, all of the limitations set forth in the Exemption including, 

but not limited to, the additional Limitations (24, 29, 31, and 33) set forth in the May 

25,2012, extension and amendment. 

PUBLIC INTEREST ISSUES 

The original grant of Exemption and all of the renewals have provided an 

opportunity for The Foundation to furnish its members and the general public an 

opportunity to appreciate the historical significance and importance of the B-17 

aircraft. The financial support, which is derived from the operation of The 

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Foundation's aircraft, produces a funding source which allows the continued 

operation of the aircraft. As the FAA found in the grant of The Foundation's original 

Exemption: 

The FAA believes that the preservation of U. S. aviation history is in 

the public interest, just as the preservation of historic buildings, 

historic landmarks, and historic neighborhoods have been determined 

to be in the public interest. The FAA also determined that it is the 

unique aspect of protecting and preserving the flight experience in 

these military World War II vintage airplanes that differentiates the 

petitioner's request for an exemption from other requests for 

exemption. 

These same interests continue to exist as to The Foundation's aircraft. Clearly, those 

who participate in the flight experience on The Foundation's aircraft are not aboard 

for transportation. They are there to participate in the educational and historical 

experiences that are available to them. The operation of The Foundation's aircraft 

do not present any manner of competition to those air carriers possessing either a 

Part 121 or a Part 135 certificate. Further, The Foundation is not in the business of 

holding itself out for transportation for compensation or hire. No rational argument 

could be made that the operation of The Foundation's aircraft presents any type of 

competition to air carriers at all. 

It is also important to note the high level of training and background 

experience of The Foundation's pilots and the excellent safety record in the 

operation of its aircraft for more than a decade demonstrate that the very highest 

level of safety and concern for the public is paramount. Based on the extensive crew 

experience and training and the highly visible nature of The Foundation's aircraft, 

maintaining the very highest level of safety is The Foundation's primary objective. 

The Foundation will continue its safety-first objective in the operation of its aircraft. 

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' ' 

DESCRIPTION OF RELIEF SOUGHT 

The Foundation specifically requests that Exemption No. 8565, as amended, 

be extended to allow The Foundation to continue to operate its B-17 aircraft. The 

FAA previously determined that good cause exists for not publishing a summary of 

grant of exemption in the Federal Register because this action would not set a 

precedent. The Foundation, therefore, believes that the same reason for not 

publishing a summary of this Petition in the Federal Register exists as existed 

previously and requests that this Petition be granted without delay. 

We are available for any questions or additional information you may seek. 

Respectfully submitted, 

The Liberty Foundation, Inc. 

By:~~d-=;- 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 

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