1. Restrictions at John Wayne- Orange County Airport and You University of Michigan Alumni Association Orange County Michigan Professionals Wednesday, May 13, 2015

2. History of the Airport First airstrip was constructed in 1923 by Eddie Martin. During World War II, it was operated as Santa Ana Army Airfield. Life as a commercial airport really begins in 1967 with the construction of the Eddie Martin Terminal. Renamed John Wayne-Orange County Airport in 1979. About the same time, residents of Newport Beach began to notice the effect of aircraft noise.

3. History of Noise Abatement. In 1980 the County prepared an Airport Master Plan and an Environmental Impact Report (EIR) readied for approval by the County that substantially increased commercial operations. The City of Newport Beach and Stop Polluting Our Newport (SPON) filed a lawsuit and a court ruled that the Master Plan and EIR had to be re-done. In 1985, the County once again proposed the Master Plan and EIR. Once again, Newport Beach, SPON and the Airport Working Group sued. This resulted in the 1985 Settlement Agreement, which forms the basis of the current agreement. It ran for 20 years. Three basic elements: (1) noise restrictions on departing aircraft; (2) curfew for both arriving and departing flights; and (3) restriction on the number of passengers that could enplane at the airport. In 2003, the Settlement Agreement was extended until 2015. In 2014, the Settlement Agreement was further extended until 2030 (Passenger Number Restrictions) and 2035 (curfew).

4. What Are the Restrictions on John Wayne Airport? Annual Passenger Limits. – Right now, the maximum number of passengers is 10.8 million per year. – In 2021, that will increase to 11.8 million. – In 2026, that will increase to at least 12.2 million. However, keep in mind that the airport has never served more than 10 million passengers (2007). This is the heart of the settlement. It is also what keeps John Wayne Airport as being one of the best managed airports in the U.S.A. – Load factors are high – Access plan requires airlines to plan efficiently

5. What Are the Restrictions on John Wayne Airport? Curfew. – No departing flights between 10:00 pm and 7:00 am. – No arriving flights between 11:00 pm and 7:00 am. Only commercial airport with a mandatory curfew. For the flying public, it means that your flight may be cancelled or diverted if the airline does not believe it will arrive before 11:00 pm. For residents, it means peace of mind

6. What Are the Restrictions on John Wayne Airport? Noise Restrictions. – Aircraft departing John Wayne Airport must be at or lower than a prescribed noise level at certain noise monitoring stations. – The noise level established has not been changed since 1985. This is where the “John Wayne Take-Off Procedure” was developed. – Airplanes will rocket down the runway, climb steeply for approximately 2 miles, then level off and begin climbing once over the ocean. – The “leveling off” is meant to meet the noise levels established There are actually few airplanes that have to implement this procedure anymore, since most can meet the noise level without the procedure.

7. Side Notes Why is John Wayne Airport about the only airport in the United States with a mandatory curfew? – Because in 1990, the Congress passed the Airport Noise and Capacity Act, which eliminated curfews at airports. – John Wayne Airport’s curfew, because it was instituted before 1990, was “grandfathered.” Why is it that Stop Polluting Our Newport, the Airport Working Group and the City of Newport Beach get to determine what the restrictions will be? – Because these were the groups that filed the initial lawsuit back in 1985. – If another group or municipality were to file a lawsuit, they could not get the same results because of the restrictions placed on airports by the Airport Noise and Capacity Act.

8. Contact Information Steven M. Taber Taber Law Group, P.C. 1 League, #60036 Irvine, California 92602 (949) 735-8217 E-mail: staber@taberlaw.com Website: http://taberlaw.com Blog: http://airportlaw.wordpress.com Twitter: @TaberLawGroupstaber@taberlaw.comhttp://taberlaw.comhttp://airportlaw.wordpress.com