AFS-16-0001-E

Exemption No. 17035

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

Wittman Regional Airport Regulatory Docket No. FAA-2016-4042

Oshkosh, Wisconsin 

for an exemption from § 139.101 

of Title 14, Code of 

Federal Regulations 

 

FULL GRANT OF EXEMPTION

By letter dated February 10, 2016, Mr. Peter M. Moll, Airport Director, Wittman Regional 

Airport (KOSH), 525 W. 20th Avenue, Oshkosh, Wisconsin 54902-6871 petitioned the 

Federal Aviation Administration (FAA) on behalf of the airport for an exemption from 

§ 139.101 of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if 

granted, would allow the airport to permit specific unscheduled air carrier operations at 

Wittman Regional Airport (KOSH) at limited times during the Experimental Aircraft 

Association (EAA) AirVenture Oshkosh, July 25-31, 2016 event.

The petitioner requests relief from the following regulation:

Section § 139.101 prescribes, in pertinent part, no person may operate an airport specified 

under § 139.1 of this part without an Airport Operating Certificate or in violation of that 

certificate, the applicable provisions, or the approved Airport Certification Manual. 

The petitioner supports its request with the following information:

The petitioner states KOSH is a large, general aviation airport comprised of approximately 

1,400 acres. One hundred and sixty-three aircraft are based at the airport, ranging from turbine 

corporate aircraft and large piston multi-engine aircraft to gyrocopters. The airport sees nearly 

70,000 aircraft operations annually, of which approximately 18,000 occur during the 10-day 

period around the EAA AirVenture Oshkosh. 
The petitioner states that EAA AirVenture Oshkosh is the largest fly-in event in the world. 

More than 10,000 aircraft visit KOSH over the course of one week. General aviation aircraft 

make up the vast majority of those visiting aircraft. Despite this, the airport receives requests 

to operate unscheduled charter operations or air carrier operations.

Limited unscheduled charter operations occur during EAA AirVenture , bringing attendees to 

the event. The aircraft are operated by 14 CFR Part 121-certified air carriers. As a general 

aviation airport, both of these operations would necessarily call for the airport to meet the 

requirements of 14 CFR Part 139.101. These charter and air carrier operations are essential to 

the continued success of EAA AirVenture, necessitating an exemption from 14 CFR Part 

139.101 during the July, 2016 event.

The petitioner advises due to the scheduling nature of these operations, the specific 

aircraft type to be utilized cannot be reasonably determined within the time constraints 

required to file this petition. Petitioner advises that the following aircraft were used 

for the air carrier operations during EAA AirVenture 2015:

Carrier Flight

Number

Aircraft Operation Date Scheduled ARFF

Index

TEM 

ENTERPRISES

700 B737-400 MDW-OSH 07/20/2015 Arrival @ 

1230 hrs

B

TEM 

ENTERPRISES 

8700 B737-400 MDW-OSH 07/20/2015 Depart @

1330 hrs

B

American Airlines 9480 MD-80 DFW-OSH 07/23/15 Arrival @ 

1600 hrs

C

American Airlines 9481 MD-80 OSH-DCA 07/24/15 Depart @

0645 hrs

C

American Airlines 9482 MD-80 DCA-OSH 07/24/15 Arrival @ 

1815 hrs

C

American Airlines 9483 MD-80 OSH-DTW 07/24/15 Depart @

1915 hrs

C

KOSH is seeking relief from 14 CFR Part 139.101 for similar operations during EAA 

AirVenture 2016. The operations during the 2016 event may include, but are not limited 

to, the above aircraft. Operations of aircraft to KOSH will be limited to aircraft no larger 

than ARFF Index C-category aircraft, with seating capacities of no greater than 240 

passengers.

The petitioner proposes the following safety mitigations and standards as an alternative to 

holding an airport operating certificate for the duration of the July, 2016 EAA AirVenture 

event:
Airport Certification Manual

KOSH will maintain and comply during air carrier operations with a current Airport 

Certification Manual (ACM) throughout the exemption period. All airport tenants and 

stakeholders in the ACM will have the opportunity to share, review and discuss their 

applicable portions of the manual. These participants include, but are not limited to 

management and personnel from airport management and maintenance/operations, 

Oshkosh Fire Department (ARFF), Winnebago County Sheriff's Department, 

Winnebago County Emergency Management, Oshkosh Police Department, Federal 

Aviation Administration Air Traffic Control (FAA ATCT), FAA Technical Operations, 

EAA, Basler Flight Service, and Myers Aviation.

Operations

KOSH is responsible for, will train, and maintain records of all personnel who have 

driving privileges on the airport, particularly those who have access to runway safety 

areas. Topics in this training include airport familiarization, signage, pavement markings, 

radio communications, and access to safety areas. This includes, but is not limited to, 

airport maintenance/operations staff, FAA Technical Operations staff, tenants who may 

assist in aircraft maintenance/recovery, ARFF and security personnel, and EAA 

employees/volunteers who have a need to access operational surfaces.

All safety areas will be maintained and controlled in accordance with 14 CFR Part 139.309.

Signage, pavement markings, and lighting necessary for aircraft operations will be 

maintained per 14 CFR Part 139.311 and will further be in accordance with the 

Signage Plan submitted with the Airport Certification Manual.

Airport Rescue and Fire Fighting (ARFF) Requirements

To mitigate safety risks to aircraft occupants as well as persons and property on the 

ground, and to further comply with applicable sections of 14 CFR Part 139, the following 

actions will be taken during applicable air carrier operations:

 ARFF equipment is provided with a minimum capacity of 3,000 gallons of water 

for AFFF production along with firefighters who have received live fire training 

and additional training as outlined in 14 CFR Part 139.319(i) in the past 12 

months. Additional firefighting apparatus from the City of Oshkosh Fire 

Department are on standby status at the airport fire station or can respond to any 

incidents on the airport.

 ARFF equipment will be located at pre-determined positions on the airport a 

minimum of 15 minutes before the arrival and departure of these aircraft and 

will remain a minimum of 15 minutes after the operation is complete.

 ARFF vehicles fire suppression systems are tested annually prior to EAA 

AirVenture Oshkosh by the vehicle manufacture; this includes dry chemical and 

refractometer testing of each applicable system.

ARFF equipment based at KOSH:
 ARFF 114 - 2000 Ford F550, Rapid 

Intervention Vehicle

150 gallons of pre-mixed foam 

and water 500 lbs Purple K

10 lbs CO2

 ARFF 214 - 1986 Oshkosh T-1500 fire/rescue truck

1585 gallons of water

205 gallons of foam

700 lbs of dry chemical

10 lbs CO2

 ARFF 314 - 2009 Oshkosh Striker 1500 fire/rescue truck

1500 gallons of water

210 gallons of foam

500 lbs Purple K dry chemical

20 lbs CO2

In addition to the above safety mitigations, all ARFF personnel stationed at the KOSH

and those assigned to duty at the airport during EAA AirVenture 2016 undergo extensive 

training to properly respond to emergencies involving air carrier aircraft.

 ARFF personnel receive initial and recurrent training (minimum every 12 

months) in the following areas:

 Airport familiarization;

 Aircraft familiarization;

 Rescue and firefighting personnel safety;

 Emergency communication system on the airport, including fire alarms;

 Use of the fire hoses, nozzles, turrets, and other appliances required;

 Application of the types of extinguishing agents required for compliance with 

this part;

 Emergency aircraft evacuation assistance;

 Firefighting operations;

 Adapting and using structural rescue and firefighting equipment for 

aircraft rescue and firefighting;

 Aircraft cargo hazards, including hazardous materials/dangerous goods 

incidents;

 Familiarization with firefighters' duties under the Airport Emergency Plan.

 ARFF personnel are trained in the above subject areas following a site 

specific training curriculum. The City of Oshkosh Fire Department is 

responsible for maintaining the ARFF training curriculum and records of all 

training given to each individual.

 Live Fire Training

 All ARFF personnel that will be on duty on the day of the planned charter 

flight(s) shall participate in a live-fire drill prior to initial performance of 

ARFF duties and participate in live-fire training at least once every 12 

months at an FAA acceptable Regional ARFF training facility.
 Basic Emergency Medical Training

 The City of Oshkosh Fire Department is responsible for providing training 

for, and maintaining the records of all firefighter and Emergency Medical 

Services (EMS) personnel. These personnel will be providing medical 

services during EAA AirVenture.

Emergency Plan 

The Emergency Plan outlined in Part 139.325 is reviewed by all plan stakeholders prior 

to the commencement of EAA AirVenture Oshkosh. This review is conducted in 

conjunction with a tabletop exercise of the EAA AirVenture Oshkosh emergency plan. 

The stakeholders of each plan comprise the same individuals and agencies.

Fueling Operations 

 Fueling of all 14 CFR Part 139-related flights will be conducted by Basler Flight 

Service.

 The fuel supervisor receives biennial training through the National Air 

Transportation Association (NATA) Safety 1st Supervisor Online Training course 

for 14 CFR 139.321(b)(1) through (b)(6) and 139.321(e)(1). The supervisor is also 

a Wisconsin certified firefighter through the Wisconsin Technical College System 

Board. This individual further trains all other line personnel in refueling 

operations for 14 CFR Part 139 operations.

 Each employee additionally receives live fire extinguisher training 

annually prior to the commencement of EAA AirVenture Oshkosh.

 Each fueling employee will also receive driver training from airport management 

on airport familiarization, signage, pavement markings, and communications, 

even though these personnel are restricted from operating fueling vehicles on air 

operations areas.

Airfield Operations Safety

 KOSH management and maintenance/operations personnel are all trained in airport 

self-inspection procedures and conduct inspections at least twice daily prior to 

FAA ATCT opening and after FAA ATCT closing. Additional inspections are 

conducted as needed during the day, as requested by ATCT or upon reports by 

pilots or personnel of runway contaminants.

 Arrivals and departures of air carrier aircraft will operate from Runway 18R-36L 

exclusively.

 Arrivals and departures of air carrier aircraft will only be conducted during times 

when the airport and ATCT are operations (0600 local to 2000 local).

 The Runway 18R-36L safety areas of 500 feet wide and 1000 feet long off the 

arrival/departure ends of the runway will be clear of aircraft, personnel, vehicles, 
and any object not fixed by function during air carrier operations.

 Runway 18R-36L shall be inspected by trained Wittman Regional Airport 

maintenance and management personnel prior to each air carrier operation. Up to 

ten (10) airport personnel are on duty at any time during air carrier operations. 

Each employee has received training in all aspects of 14 CFR 139.303.

 KOSH enters into a Letter of Agreement (LOA) with the FAA- ATCT, Oshkosh 

Fire Department, and Experimental Aircraft Association annually to outline 

procedures for aircraft emergency responses during EAA AirVenture Oshkosh.

 KOSH enters into a Letter of Agreement (LOA) with FAA-ATCT and 

Experimental Aircraft Association for control of aircraft movement and nonmovement areas on the airport during EAA AirVenture Oshkosh.

A summary of the petition was published in the Federal Register on March 25, 2016, (81 FR 

1625). No comments were received.

The FAA analysis is as follows:

The EAA AirVenture event has been operating from KOSH since 1969. Over the years, the 

event and number of participants has grown exponentially, with the FAA contributing its

support and safety oversight of this event each year. The FAA Regional Airport Office in the 

Great Lakes Region (AGL) is the assigned Office of Airports safety oversight. This oversight 

includes the assignment of an airport certification safety inspector to conduct a Part 139 

airport inspection annually in preparation for this event. For the purposes of hosting the EAA 

AirVenture each year, KOSH has agreed to adhere to the Part 139 standards and requirements 

outlined in 14 CFR Part 139.101. 

Further historical data revealed KOSH was first issued an Airport Operating Certificate 

(AOC) in May 1973 to support scheduled air carrier service. For the past 43 years, KOSH has 

been annually and periodically inspected for compliance with Part 139 requirements, whether 

or not it held at that time an airport certificate. In August 2010, scheduled air carrier service 

was suspended and per regulation, KOSH elected to surrender its AOC to the FAA Great 

Lakes Regional Airport office. However, it is important to note: due to the airports’ familiarity 

with Part 139 requirements to obtain and maintain an AOC, and the continuation of the EAA 

AirVenture event, the airport has been subjected to the annual Part 139 inspection, despite not 

holding an AOC. From 2010-2015, KOSH was issued a Time-Limited AOC, in order to host 

the EAA AirVenture event. These Time-Limited AOC’s were designed to allow an airport 

temporary Part 139 certificate operating status in order to receive scheduled air carrier service 

for a very short, specific period of time. This option worked well for KOSH for the 5 years. 

However, in 2015, the Office of Airports received an updated legal interpretation and was 

advised that Time-Limited AOCs were not consistent with Part 139. Due to this change of 

legal interpretation, the airport petitioned for an exemption from 14 CFR Part 139.101 to 

permit it to host the EAA AirVenture 2016.
The safety mitigations stated above are consistent with Part 139 regulation and requirements.

The FAA Airport Certification Safety Staff located in the Great Lakes Region through annual 

Part 139 airport certification safety inspections has verified the airport is properly and 

adequately equipped to conduct the proposed air carrier operations. Furthermore, the annual 

airport inspections have validated the relevant airport characteristics, facilities, and 

equipment, including: landing area dimensions, strength, and condition; applicable clearances; 

airport marking, signage, and lighting; firefighting and rescue capability; wind direction 

indicators; and airport safety surveillance capability.

Title 49 of the United States Code, subsection 44701(f), “Exemptions,” states:

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44702–44716 

of this title if the Administrator finds the exemption is in the public interest.

Section 44706 is the statutory requirement relating to airport operating certificates and from 

which part 139 was promulgated. Similarly, subsection §139.101, “General requirements,” 

provides:

(a) Except as otherwise authorized by the Administrator, no person may operate an 

airport specified under §139.1 of this part without an Airport Operating Certificate or 

in violation of that certificate, the applicable provisions, or the approved Airport 

Certification Manual.

Under the relevant statute and regulation, the Administrator has the express authority to 

waive requirements under part 139. 

In consideration of the foregoing and the safety mitigations outlined above, I find that a

full grant of exemption is in the public interest. AirVenture is host to the Old Glory 

Honor flight of Northeast Wisconsin. Old Glory Honor Flight is a non-profit 

organization that sends veterans from World War II, the Korean War, and the Vietnam 

War to Washington D.C. to visit the nation's war memorials free of charge. Specifically, 

Old Glory Honor flight caters to veterans from the state of Wisconsin who wish to 

personally see the monuments dedicated to their service. By hosting Old Glory Honor 

flight during AirVenture, KOSH provides the facilities for a well-deserved homecoming 

for dozens of veterans every year. Bringing them home to Oshkosh not only serves to 

thank them for their service, but to teach AirVenture attendees who greet them yearly of 

the sacrifices they made. 

The FAA decision is as follows:

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, 

delegated to me by the Administrator, Wittman Regional Airport (KOSH) is granted an 

exemption from 14 CFR § 139.101 to the extent necessary to allow limited air carrier 

operations, not to exceed six flight operations for EAA AirVenture 2016, subject to the 

conditions and limitations listed below.
Conditions and Limitations

1. The FAA Great Lakes Airports Division shall be notified by close of business, 

Thursday, July 21, 2016 of any planned air carrier operation. The following 

information shall be provided:

a. Date/Time

b. Airline/Flight Number

c. Type of Aircraft

d. City-Pair

2. Records for Part 139 compliance shall be provided to FAA Great Lakes Airports 

Division for review by Thursday, July 21, 2016.

3. A Part 139 inspection shall be conducted prior to any air carrier operation.

4. Runway 18R/36L, runway safety area shall be cleared 500 feet by 1000 feet or the 

runway safety area can be met by the implementation of declared distance. The 

declared distance shall be issued in a NOTAM.

5. ARFF personnel on duty during the air carrier operation shall be trained in accordance 

with CFR Part 139.

6. A runway inspection shall be conducted prior to any air carrier arrival or departure.

7. All air carriers must obtain, from their respective Certificate Management Office, the 

appropriate Operations Specifications prior to conducting air carrier operations at 

Wittman Regional Airport (KOSH).

8. A copy of this exemption must be carried on board the aircraft when conducting 

operations at Wittman Regional Airport (KOSH).

This exemption terminates on July 31, 2016, unless sooner superseded or rescinded.

Issued in Washington, DC, on July 18, 2016.

/s/

Michael J. O’Donnell

Director, Airport Safety & Standards