FAA CONCLUDES PROPOSED MODIFICATIONS 
TO THE AMENDED JWA SETTLEMENT AGREEMENT
ARE CONSISTENT WITH FEDERAL LAW

Santa Ana, CA –  Today, John Wayne Airport (JWA) received a letter from the Federal Aviation Administration (FAA) concluding that the modifications to the Amended John Wayne Airport Settlement Agreement are fully consistent with applicable federal law.

This important step confirms the legality of the action taken by the Orange County Board of Supervisors and the Newport Beach City Council, who on December 10, 2002, approved modifications to the Amended JWA Settlement Agreement. This historic community agreement was approved by the signators to the original 1985 JWA Settlement Agreement: the County of Orange; the City of Newport Beach; the Airport Working Group (AWG); and the Newport Beach environmental group Stop Polluting Our Newport (SPON), this past June. The modifications were contingent upon the receipt of the letter from the FAA concluding that the amendments to the 1985 Settlement Agreement are exempt from the Airport Noise and Capacity Act of 1990 (ANCA) since the amendments would not “reduce or limit aircraft operations or affect aircraft safety.” 

“The FAA’s response confirms our commitment to providing long term protection for the community and enhanced air transportation service for Orange County,” said Second District Supervisor Jim Silva, who represents the airport area. 

“The receipt of the FAA letter is a culmination of an historic and important step forward in recognizing the needs of the community and balancing the needs of the traveling community," said Alan Murphy, Airport Director. "The modifications to the Agreement are the product of teamwork from all parties involved."

In the letter, the FAA advises it will not act to prevent adoption and approval of the terms of the modified Amended Settlement Agreement. The proposed amendments and amended court stipulation will continue the essential terms and conditions of the 1985 Settlement Agreement regarding the County's development and operation of JWA, with certain capacity enhancing modifications.

The Settlement Agreement modifications are limited to increases in permitted passenger service levels (from 9.8 to 10.3 Million Annual Passengers effective January 1, 2003, and to 10.8 Million Annual Passengers in 2011), up to six additional passenger loading bridges, an increase in the number of regulated flights allocated to passenger commercial carriers at JWA from 73 average daily departures (ADDs) to 85 ADDs, and the flexibility to allocate two previously approved additional cargo flights to passenger carriers on a temporary basis.

Counsel for the other parties to the original 1985 JWA Settlement Agreement are currently reviewing the letter.

-SNA-