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

Oshk osh, Wisconsin

f or an exemption from § 139.101 of Title 14, Code of Federal Regulations

FULL GRANT OF EXEMPTION

B y letter dated February 10

, 2016, Mr. Peter M. Moll, Airport Director, Wittman Regional Airport ( K OSH)

, 525 W. 20 th Avenue, Oshkosh, Wisconsin 54902

- 6871 petitioned the

Federal Aviation Admini strati on (FAA) on behalf of the airport for an exemption from § 139.101 of Title 14, Code of Federal Regulations (14 CFR). The proposed exempti on, if granted, would allow the airport to permit specific unscheduled air carrier operations at Wittman Regi onal Airport (KOSH) at limited times during the Experimental Aircraft Association (EAA) AirV enture Oshkosh, July 25

- 31, 2016 event.

The petitioner requests relief from the following regulation :

Section § 139.101 prescribes, in pertinent part, no person ma y 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

- eng ine 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 fl y

- 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 operation s 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 t he follow ing 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 o f 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 pe riod. 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 ma intenance/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, Ba sler 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 m aintenance/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 lighti ng 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 departur e 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
refractomete r 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 pe rsonnel 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 re scue 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

spe cific 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 p lanned 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 T raining

 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 Nati onal 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 fueli ng 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 O perations 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
condu cted 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 aircra ft will only be conducted during times when the airport and ATCT are operations (0600 local to 2000 local)

.

 T he 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, personn el, 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 perso nnel 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 Associati on 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 non

movement areas on t he 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 O ffice 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. F or the purposes of hosting the EAA AirVenture each yea r, 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. Fo r 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, KO SH 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, t he 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

temporar y 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, i n 2015, the Office of Airports received an updated legal interp retation 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 mitig ations 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 conditio n; 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:

Th e 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, s ubsection §139.101 , “ General requirements ,” provides :

(a) Except as otherwise authorized by the Administrator, no person may ope rate 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 Admin istrator has the express authority to waive requirements under part 139

.

In c onsideration 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
Ho nor 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 Divisio n 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 provi ded 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 ar ea 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 c opy 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