To: U. S. DepartmentofTransportation DocketOperations, M-30 WestBuilding, Ground Floor RoomW12-140 1200 NewJerseyAvenue, S. E. Washington, D. C., 20590

PETITION OF THE LIBERTY FOUNDATION, INC., TO EXTEND ITS EXEMPTION NO. 8565 TO CONTINUE TO OPERATE ITS B-17AIRCRAFT

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: August 22,2014PETITION 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 aircraftand onlyoperates a B17 aircraft. The Exemption is from. Title 14 CFR Sections91.315, 119.5(g), and 119.21(a) and allows The Foundationto operate its aircraft and to carrypassengers for compensationorhire onlocal flights for educational andhistorical purposes. REASON FORTHIS 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 ofits airplanes is to be able to fly in the actual airplane. No otherairplanes canreplicatethatexperience." 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 ofThe 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 Exemptionis essentialto its educationoutreach activities.

2SAFETY ISSUES All ofthe elements which illustrate the equivalent level of safety relative to the grant ofThe Foundation's original Exemption as well as the extensions ofthat Exemption remain present in this program. All ofthe 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, previouslyapproved 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 continueto adhere to, all ofthe limitations setforth in the Exemption including, butnotlimitedto, theadditional Limitations (24, 29, 31, and 33) setforth in theMay 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

3Foundation's aircraft, produces a funding source which allows the continued operation ofthe aircraft. As the FAA found in the grantofThe 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, historiclandmarks, and historicneighborhoodshavebeendetermined 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 sameinterests continueto existas to The Foundation's aircraft. Clearly, those who participate in the flight experience onThe Foundation's aircraft are notaboard for transportation. They are there to participate in the educational and historical experiences that are available to them. The operation ofThe Foundation's aircraft do not present any manner ofcompetition to those air carriers possessing either a Part 121 or a Part 135 certificate. Further, The Foundation is notin the business of holding itselfoutfor transportationfor compensation orhire. No rational argument could be made thatthe operation ofThe Foundation's aircraft presents any type of competitionto air carriers atall. 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 ofits aircraft for more than a decade demonstrate that the very highest level ofsafety and concern for the public is paramount. Based onthe extensive crew experience and training and the highly visible nature ofThe Foundation's aircraft, maintaining the very highest level of safety is The Foundation's primary objective. The Foundationwill continue its safety-firstobjective in the operationofits 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 notpublishing 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 previouslyand requeststhatthis Petitionbegrantedwithoutdelay. We are available for anyquestions oradditional informationyou may seek.

Respectfully submitted, The Liberty Foundation, Inc.

# By:~~d-=;- 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

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