AAS

- 17

- 113937

- E UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of Exemption No. 17324 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 8

, 201 7 , 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 stration (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 Regional Airport (KOSH) at limited times during the Experimental Aircraft Association (EAA) AirV enture Oshkosh, July 24

- 30

, 201 7 event.

The petitioner requests relief from the following regulation :

Section § 139.101 prescribes, in pertinent part, no perso n 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 nearly70,000 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 larges t 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 opera tions 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 operati ons 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 Ju ly, 201 7 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. The following table lists the a ircraft type and schedule operated during AirVenture 201 7

.

Carrier Flight

Number Aircraft Operation Date Scheduled ARFF

Index

American

Airlines 94 90 B737

- 800 DFW

- OSH 07/ 28 / 17 Arrival @

16 1 0 hrs C

American

Airlines 94 9 1 B737

- 800 OSH

- DCA 07/2 9 / 17 Depart @

0645 hrs C

American Airlines 94 9 2 B737

- 800 DCA

- OSH 07/2 9 / 17 Arrival @

181 0 hrs C

American Airlines 948 2 B737

- 800 OSH

- D F W 07/2 9 / 17 Depart @

191 0 hrs C

KOSH is seeking relief from 14 CFR Part 139.101 for similar operations during EAA
AirVenture 201 6

. The operations during the 201 7 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

passenger s.

The petitioner proposes the following safety mitigations and standards as an alternative to holding an airport operating certificate for the duration of the July, 201 7 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 De partment, 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 pr ivileges 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 wit h 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 fo llowing 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 a s 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 annua lly 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 fo am 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 gallo ns 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 201 7 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 com munication 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 assistan ce;

 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 un der 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
traini ng 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 Oshkos h. 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). T his 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 Oper ations 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
conducte d 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 operational (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, 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 personn el 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 non

movement areas on the airport during EAA AirVenture Oshkosh.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the Wittman Regional Airport.

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 contributin g 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 inspe ctor to conduct a Part 139 airport inspection annually in preparation for this event. F or 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 h istorical 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 , w hether 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: d ue 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. However, Time

- Limited AOCs are not consistent with Part 139.

As in 2016 , the airport petitioned for an exemption from 14 CFR Part 139. 101 to permit it to

host the EAA AirVenture 201 7

. The FAA issued Exemption No. 17035 (copy enclosed) in circumstances substantially similar to those presented in this petition.

The safety mitigations stated above are consistent with Part 139 regulation and requirements. The FAA Airport Certification S afety 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 ins pections have validated the relevant airport characteristics, facilities, andequipment, including: landing area dimensions, strength, and condition; applicable clearances;

airport marking, signage, and lighting; firefighting and rescue capability; wind di rection indicators; and airport safety surveillance capability.

These circumstances and mitigations ensure that granting this exemption would not adversely affect safety. Additionally, as described in Exemption No. 17035, the FAA finds that a grant

of exe mption is in the public interest.

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,
dele gated 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 201 7 , subject to the

con ditions and limitations listed below.

Conditions and Limitations

1. The FAA Great Lakes Airports Division shall be notified by close of business, Thursday, July 20, 2017 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

Divisio n for review by Thursday, July 20, 2017

.

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

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 carrie r operation shall be trained in accordance

with 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 30 , 201 7 , unless sooner superseded or rescinded.

Issued in Washington, DC , on April 25, 2017

.

/s/ John R. Dermody, P.E. Director, Airport Safety & Standards