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MVG NEWSLETTER 'P<dU&&ed (ki, t&e /iinfiont 'Won&wfy (flioufc Oieutye (fawtq, lac, Suawten 2014 AWG & THE SETTLEMENT AGREEMENT The Airport Working Group of Orange County, Inc. ("AWG") is now engaged in one of the most crucial processes of its exis tence - extending the landmark John Wayne Airport Settlement Agreement ("Settlement"). One of the most critical issues for the City of Newport Beach ("City") is the ongoing effortto protect its citizens from the noise, air quality and traffic impacts resulting from John Wayne Airport ("JWA") operations that threaten the quality of life for citizens living within JWA's flight path. In 1984, AWG, in cooperation with the City and an environ mental group, Stop Polluting Our Newport ("SPON") (collec tively "Challengers") filed a Federal lawsuit against the County of Orange ("County") challenging the proposed doubling of JWA's operations and physical facilities in that year. In the unprecedented 1985Settlement of that lawsuit, we accomplished what has never been achieved before or since: (1) limits on the type of aircraft that can use the airport, based on their noise sig nature; (2) limits on the number of such aircraft; (3) limits on the noise levels allowed to be made by arriving and departing aircraft; (4) limits on the number of passengers that can use the airport; (5) limits on cargo aircraft; and, last, but certainly far from least, (6) limits on the hours of airport operation (7:00 a.m. to 10:00 p.m. for departures, 7:00 a.m. to 11:00 p.m. for arrivals), or a curfew. Sincethat time (and largelybecause of the JWA Settlement), Congress passed the Airport Noise and Capacity Act of 1990 ("ANC A") that prohibits exactly the type of restrictions that are the backbone of the JWA Settlement. Once again, however, AWG came to the defense of its fellow citizens and, working closely with the County in Washington, D.C., obtained an excep tion from ANCA's prohibitions, which allows a subsequent amendment of the JWA Settlement, but with a mandate not to "reduce or limit aircraft operations or affect aircraft safety." That exemption from ANCA became critical in 2000, on the verge of the JWA Settlement expiration. Again, AWG, the County, City and SPON, negotiated an amendment that was approved by the Federal Aviation Administration ("FAA"), the federal agency with ultimate power over the safe and efficient operation of airports and the airspace over them. Because of ANCA's explicit mandate not to "reduce or limit aircraft opera tions" and the requirement for FAA approval, the extension allowed an increase in the number of passengers and size of the groundside facilities (terminal and gates), in return for, among other things, the extension of noise limits, aircraft limits, cargo limits, passenger limits and the curfew. The first extension, signed in 2003, will expire in 2015. Con sequently, AWG and the other parties have once again engaged in negotiations toward a second extension of the JWA Settlement. Those negotiations are so far successful, and the environmental process required for ultimate approval is now underway. During that process, and the required public review (now ongoing - see details on pages 3 and 4), the terms of the proposed extension and details of enforcement will be fully disclosed and affected citizens given a chance to voice their opinions. AWG will once again stand fast with its members and the pub lic, as it has throughout its 30-year history, and bring to both the most restrictive and only mandatory limits on airport operations and their impacts on the public anywhere in the United States. Tony Khoury, ' AWG Board President In This Issue: AWG Addresses the Balboa Island Key Provisions of The Settlement Agreement Improvement Association Amendment International, Domestic and Southern The Impact of Revised Arrival Procedures for California Airports John Wayne Airport LAX Air Quality Study Draft EIR Impact Report for JWA is Released
Transcript
Page 1: MVG NEWSLETTER - FCA HomeMVG NEWSLETTER 'P

MVG NEWSLETTER'P<dU&&ed (ki, t&e /iinfiont 'Won&wfy (flioufc o£ Oieutye (fawtq, lac, Suawten 2014

AWG & THE SETTLEMENT AGREEMENT

The Airport Working Group of Orange County, Inc. ("AWG")is now engaged in one of the most crucial processes of its existence - extending the landmark John Wayne Airport SettlementAgreement ("Settlement"). Oneof the mostcritical issues for theCityof Newport Beach ("City") is the ongoing effort to protectits citizens from the noise, air quality and traffic impacts resultingfrom John Wayne Airport ("JWA") operations that threaten thequality of life for citizens living within JWA's flight path.

In 1984, AWG, in cooperation with the City and an environmental group, Stop Polluting Our Newport ("SPON") (collectively "Challengers") filed a Federal lawsuit against the Countyof Orange ("County") challenging the proposed doubling ofJWA's operations and physical facilities in that year. In theunprecedented 1985Settlementofthat lawsuit,we accomplishedwhat has never been achieved before or since: (1) limits on thetype of aircraft that can use the airport, based on their noise signature; (2) limits on the number of such aircraft; (3) limits on thenoise levels allowed to be made by arriving and departing aircraft;(4) limits on the number of passengers that can use the airport;(5) limits on cargo aircraft; and, last, but certainly far from least,(6) limits on the hours of airport operation (7:00 a.m. to 10:00p.m. for departures, 7:00 a.m. to 11:00 p.m. for arrivals), or acurfew.

Sincethat time (and largelybecause of the JWA Settlement),Congress passed the Airport Noise and Capacity Act of 1990("ANCA") that prohibits exactly the type of restrictions that arethe backbone of the JWA Settlement. Once again, however,AWG came to the defense of its fellow citizens and, workingclosely with the County in Washington, D.C., obtained an exception from ANCA's prohibitions, which allows a subsequentamendment of the JWA Settlement, but with a mandate not to

"reduce or limit aircraft operations or affect aircraft safety."That exemption from ANCA became critical in 2000, on the

verge of the JWA Settlement expiration. Again, AWG, theCounty, City and SPON, negotiated an amendment that wasapproved by the Federal Aviation Administration ("FAA"), thefederal agency with ultimate power over the safe and efficientoperation of airports and the airspace over them. Because ofANCA's explicit mandate not to "reduce or limit aircraft operations" and the requirement for FAA approval, the extensionallowed an increase in the number of passengers and size of thegroundside facilities (terminal and gates), in return for, amongother things, the extension of noise limits, aircraft limits, cargolimits, passenger limits and the curfew.

The first extension, signed in 2003, will expire in 2015. Consequently, AWG and the other parties have once again engagedin negotiations toward a second extension of the JWA Settlement.Those negotiations are so far successful, and the environmentalprocess required for ultimate approval is now underway. Duringthat process, and the required public review (now ongoing- seedetails on pages 3 and 4), the terms of the proposed extensionand details of enforcement will be fully disclosed and affectedcitizens given a chance to voice their opinions.

AWG will once again stand fast with its members and the public, as it has throughout its 30-year history, and bring to both themost restrictive and only mandatory limits on airport operationsand their impacts on the public anywhere in the United States.

Tony Khoury, 'AWG Board President

In This Issue:

• AWG Addresses the Balboa Island • Key Provisions of The Settlement AgreementImprovement Association Amendment

• International, Domestic and Southern • The Impact of Revised Arrival Procedures forCalifornia Airports John Wayne Airport

• LAX Air Quality Study • Draft EIR Impact Report for JWA is Released

Page 2: MVG NEWSLETTER - FCA HomeMVG NEWSLETTER 'P

AWG ADDRESS THE BALBOA ISLANDIMPROVEMENT ASSOCIATION ANNUAL MEETING

In February, the Balboa Island Improvement Association - agenerous supporter ofAWG - invited us to their annual meeting.Barbara Lichman, a founding member of our organization, aswell as our council and I attended. It was an interesting meetingthat provided us with the opportunity to answer questions regarding the proposed settlement agreement and commercial operations at John Wayne Airport.

Barbara effectively provided historical background to includethe evolvinglegalenvironmentthat led Congress to pass the 1990Airport Noise and Capacity Act. The law removes local controlover commercial air operations and establishes the FAA as thecontrolling authority. Barbara noted that there were only a fewairports that had their flight restrictions grandfathered into law.John WayneAirport is one of the fortunate few. This designationprovided us with the tools to mitigate some of the negativeaspects of commercial airfield operations on our community. Icontend that the sagacious use of these tools has resulted in JWAhaving the most effective noise restrictions in the country.

In updating the Association with our current negotiations,Barbara reported that the Environmental Impact Report shouldbe available for public comment in late spring, and if all goeswell, the final agreement signed by the end of the year. Webelieve that we have conformed to the FAA's requirements, andwe are optimistic about their approval of our agreement.

For those who have an interest in reading additional informationconcerningour legal restraints, I suggest reading the NewportBeach City Council Airport Policy, Paragraph C Legal Framework found on the Newport Beach City website. For further historical background of the settlement agreement, read the 2003agreement found on our website (awgoc.com); ofparticular interest might be Exhibit "B", the FAA's approval of the agreement.

Those attending the meeting were familiar with the FAA'sefforts to integrate modern navigation aids into the air traffic control system and to use those aids to upgrade arrival and departureprocedures. The questionwas, how does this upgradeeffectflight

operations at JWA? The answer: the arrivals and departuresshould be similar to the original procedures. The new navigationaids provide a more precise ground track and should be moreeffective in keeping the departing aircraft over the center of theBack Bay's uninhabited area, with significantly less dispersion.

The good news for those concerned about noise isn't so muchthe FAA's efforts, but the efforts of aircraft and jet engine manufacturers. Each new aircraft model and jet engine introduced intoairline fleets has reduced the noise footprint of the aircraft orengine it replaced. Within the next five years, both Boeing andAirbus will have aircraft available that will reduce the noise foot

print of their current models by roughly 40%.The most important concern of our members remains the cur

few. Consequently, I was relieved to hear John Moorlach state inour first meeting with county officials that it was his wish toextend the present curfew to 2035. It is, however, important toremember that the curfew applies to commercial operations.Private aircraft that meet certain FAA approved noise standardsare exempt, as well as aircraft used for medical flights.

It was our pleasure to attend the Balboa Island ImprovementAssociation's annual meeting. We would be happy to meet withother community groups to discuss issues relevant to John WayneAirport.

By: JimBunlap. AWG VP

LAX AIR QUALITY STUDY

A study published May 29, 2014 detected high levels ofpotentially harmful exhaust particles from jet engines to a large areaof densely populated communities up to 10 miles east of LAX.

The study, which is the most comprehensive of its type, foundthat takeoffs and landings of jets at LAX are a major source ofultrafine particles which have the potential to aggravate heart andlung conditions and the development of blocked arteries.

Various voices within Orange County flight corridors havecontinually raised the questions of emissions dangers generatedby aircraft that pass overhead at the rate of approximately 120

per day. Numerous comments from citizens confirmed feelingsof being inundated with black soot collected on patio furniture,pool covers, air filter and the like.

In 2010, the City of Newport Beach retained Dr. KarleenBoyle-Sudol, aviation emissions expert and noted author for evaluating the potential impacts of aircraft emissions at JWA andfrom nearby freeways. The study results demonstrated that contamination from freeway traffic is distinguishable from unburnedhydrocarbons dropped from airplanes taking off from JWA.

The study at JWA also pointed to the ultra small particles emanating from departing planes is able to penetrate the alveoli of thelungs ofpeople in the vicinity. More surprising, the small particlescan be carried up to 10 miles away from the source, thus affectingresidents living far away from the airport. The findings of Dr.Boyle-Sudol have been confirmed by the recent study at LAX.

AWG is recommending that a more detailed follow up jetengine emissions study be conducted at JWA and that the Cityshould take the lead in this survey with more detailed data gathering to be able to analyze exposure to its residents.

By: TonyKhoury

Page 3: MVG NEWSLETTER - FCA HomeMVG NEWSLETTER 'P

INTERNATIONAL, DOMESTIC AND SOUTHERN CALIFORNIA AIRPORTS

Air traffic worldwide is growing with leaps and bounds, inChina, India, Indonesia, Malaysia, Japan, Dubai, and many otherairports throughout the world. These are the most modern andlargest with several 15,000 foot runways. It is clear that air traveland international travel will continue its explosive rise.

On the other hand, airports in the United States and in Europeare at a much more established level and size. There has been

no similar level of expansion as in Asia. However, there aremany significant changes, such as the plan for precise paths forairplanes flying to specific destinations, guided by satellites. Thesafety records are impressive. Today the pressure for expansionofair travel is a natural reaction to world events but it is held in

check by the resistance of local populations concerned abouttheir environment.

While there is demand for expansion of airports, the local experience in Southern California has had a contrary trend. Ratherthan expanding the role of all local airports, the opposite seemsto be occurring. Ontario, Burbank and Long Beach airports are

experiencing severe reductions in number of flights. Santa Monica City Council and residents have voted to close their airportagainst the wishes of the Federal AviationAdministration (FAA).At the same time, there has been increased traffic at Los AngelesInternational Airport (LAX), John Wayne Airport (JWA) andLindberg Airport in San Diego. LAX handles most of the international flights in southern California.

At present California has about 38 million population withmore than 20 million ofwhom live in southern California. When

we consider that we have three airports handling most of the airtraffic in southern California it is clear that there is a deficit in

capacity. John Wayne Airport is quite limited, with its 5700 footrunway and 500 acres area. The same can be said for the SanDiego Airport, situated in a populated area with one 10,000 footrunway and no room for expansion. There is a need for anotherairport, serving Orange and San Diego counties if we are to prosper in this global competition.

By: Shirley Conger

KEY PROVISIONS OF THE SETTLEMENT AGREEMENT AMENDMENT

TheJohnWayne Airport (JWA) SettlementAgreementis the moststringentairportregulation in the UnitedStates. It was put in placein 1985 and was amended and extended in January 2003 and again in 2013 the signatory reached an agreement for the project intendedfor the second amendment and extension.

The Key provisions of the Original settlement Agreement, the 2003 Amendments and the 2013 project Amendments include:

Signatory:

Term:

Passengers:

ADDs:

AverageDailyDeparture

Loading Bridges:

Curfew:

1985 Agreement

County of OrangeCity of Newport BeachAirport Working GroupStop Polluting our Newport

Phase 1:

April 1, 1985 throughSeptember 30, 1990

2003 Amendments

Same

January 1, 2003 throughDecember 31, 2015

2013 Amendments

Same

January 1, 2016 -December 31, 2020

Phase 2:

October 1, 1990 through January 1, 2021December 31, 2005 December 31, 2025

Phase 3:

Phase 1: 4.75 MAP

(Million Annual Passengers)

Phase 2: 8.4 MAP

Phase 3:

Phase 1: Maximum of 55

Class A & AA/ADDs - NO

more than 39 Class A Departure

Phase 2: Maximum of 73

ClassA&AA/ADDs - NO

More than 39 Class A Departure

Phase 3:

Not to exceed (14) total

10.3 MAP

1/1/05-12/31/10

10.8 MAP

1/1/11-12/31/15

January 1, 2026-December31, 2030

10.8 MAP

1/1/16-12/31/2020

11.8 MAP

1/1/2021-12/31/2025

12.2 MAP or 12.5 MAP*

1/1/2026-12/31/2030

1IfJWA's use show at least 11.21 MAP in any calendaryear during 2021-2025

Maximum of 85 Class A

ADDs for passenger's service

Additional four (4) ADDsfor all - cargo service

Not to exceed (20) total

Maximum of 85 Class A

ADDs + (4) ADDs for Cargo

Maximum of 95 Class A

ADDs + (4) ADDs for cargo

Maximum of 95 Class A

ADDs + (4) ADDs for cargo

Not to exceed (20) till 2020No limit as of 1/1/2021

Extended through 2035**No commercialdepartures before 7:00AM Monday-Saturday & nor before 8:00 AM on Sunday, and no arrivalafter11:00PM.

Page 4: MVG NEWSLETTER - FCA HomeMVG NEWSLETTER 'P

AWG, Airport Working Group of Orange County, Inc.

1048 Irvine Avenue, PMB 467

Newport Beach, CA 92660

AWG Newsletter is published andproduced internally byTheAirport Working GroupofOrange County, Inc.

Newsletter Committee:Shirley Conger • Julie Carr •

Donald Nyre • Tony Khoury

If you would like further information,

visit our website at: www.awgoc.com

Report JWA airplanes noise by calling:

(949) 252-5185

PRSRT. STD.

U.S. Postage Paid

Santa Ana, CA

Permit No. 756

FOOTHiLL COMT ASSOCIATION

PO BOX 261

TUSTIN CA 92781-0281

M I%«i#w Iii'l«'iifi'i'il'lii'''«'"l»['ll«

Please support the efforts of AWG by making a contribution today.The JWA Settlement Agreement is due to expire in 2015. Negotiations are now in progress for an extension.

AWG Airport Working Group of Orange County, Inc.1048 Irvine Avenue - PMB 467 - Newport Beach, CA 92660

Ifyou would like further information or to report any noise complaints, visit our website at: www.awgoc.com

THE IMPACT OF REVISED ARRIVAL PROCEDURES FOR JOHN WAYNE AIRPORT

The residents ofNewport Beach and nearby communities southof John WayneAirport (JWA) that are under the aircraft departurepaths are most seriously affected by aircraft noise and air pollutants that affect their quality of life. However, other residents northof the airport under the arrival approach paths, primarily in Tustin,North Tustin, Orange and Villa Park, are also impacted by the aircraft operations.

The Foothill Communities Association (FCA), representingresidents of the unincorporated area of North Tustin, has beenactive for the past several years in trying to alleviate noise due toarriving aircraft. While JWA management and the Federal Aviation Administration (FAA) personnel have listened to their complaints and expressed sympathy, the FAA has advised that nosignificant changes to existing approach procedures or flight pathscan be considered for noise alleviation unless they can be madewithout compromising the safety, efficiency and stability of aircraft operations.

Having said that, the FAA just recently announced the implementation of the" KEFFR" area navigation (RNAV) standard terminal arrival (STAR) for approaches to JWA Runway 20R, fromthe south and east. A recent letter from JWA management toCounty Supervisor Todd Spitzer described that the KEFFR procedure will operate within the historical approach corridor to JWA.Once KEFFR is implemented, the amount ofdispersion ofaircraftwithin the corridor will be reduced. The implication of that fact isthat fewer residents will be exposed to aircraft noise but those thatare will likely be subjected to some increase in noise.

In summary, it is expected that many residents north of JWAwill continue to have serious concerns about aircraft noise, whichwill worsen if the revised Settlement Agreement permits increasesin the limits on aircraft departures and passengers. Possible alleviation of noise may occur if/when aircraft are equipped with quieter engines that are now in development.

Hal Marshall, Foothill Communities Association

DRAFT EIR IMPACT REPORT FOR JWA IS RELEASED

Orange County, as the owner and operator of JWA, issued

Draft Environmental Impact Report on May 23, 2014 for

the JWA Settlement Agreement Amendment Project. The

Draft EIR address the potential environmental impacts

associated with the proposed modification and extension

of the Settlement Agreement negotiated between the

County, The City of Newport Beach, the Airport Working

Group (AWG) and Stop Polluting our Newport (SPON).

Public commentson tnTdraft environmental impact reportare being accepted until 5 p.m. July 8, 2014. You can sub

mit written comments via email to [email protected]. The

report is available at www.ocair.com/settlementagreement.


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