Challenge to JWA restrictions discounted

Paul Clinton

JOHN WAYNE AIRPORT -- Officials crafting an extension to the airport’s

flight restrictions downplayed a challenge that came this week from an

airline trade group, saying they were confident a deal still could be

struck to keep many more planes out of Newport Beach’s skies.

Airport Director Alan Murphy, who has begun informal discussions with

the 11 commercial carriers who operate out of the airport, said the

Monday letter from their trade group could be an “opening negotiating

position.”

In the letter, Air Transport Assn. official Katherine Andrus called

the county’s environmental review of possible extension agreements

“fundamentally flawed.” The letter came on the last day of public comment

for the report.

“I don’t think the letter is unexpected,” Murphy said. “My hope and

goal is to have an amendment to the agreement that is acceptable to the

county, the city and perhaps others involved.”

Newport Beach officials are hoping the county’s Board of Supervisors

will certify the environmental report before county voters head to the

polls March 5 to weigh in on the Great Park initiative.

Along with the city and county, the Airport Working Group and Stop

Polluting Our Newport would have to sign off on any extension to the

settlement agreement that expires on Dec. 31, 2005.

The airlines, which are represented by the trade group, would not have

veto power over any extension, Newport Beach City Atty. Bob Burnham

stressed.

“I don’t believe the ATA has standing to assert a challenge,” Burnham

said. “When it all comes down, they will realize this is a pretty good

deal for everybody. . . . There is something in this for the air

carriers.”

In her letter, Andrus said the flight restrictions imposed in 1985

could not be extended past 2005 unless the airport completes a lengthy

Part 161 study, which is in essence an application to the Federal

Aviation Administration.

No airport has ever been granted a restriction by the FAA after the

exhaustive three-year Part 161 study.

Only the FAA can challenge the deal, Burnham said.

Under the city’s preferred scenario for extending flight restrictions

at John Wayne, the settlement deal’s limits would be raised slightly in

exchange for a 10-year extension.

The deal would allow 1.4 million more annual passengers, 12 additional

flights in the noisiest class and four additional gates.

Airport commissioner David Markley, in an e-mail, said the issue isn’t

decided and will probably wind up in court.

“At a minimum, the extension of the settlement agreement is cutting

edge case law and even the experts don’t know for sure what the final

outcome will be,” he wrote.

What makes the extension somewhat dicey is a 1990 federal law, known

as the Airport Noise and Capacity Act, that prohibits airports or other

local agencies from imposing curfews and other restrictions.

City officials believe a special exception in that law applying to

John Wayne could be extended.

“We feel they haven’t researched the issue or stated it correctly,”

City Manager Homer Bludau said about Andrus’ letter. “We feel like the

law is on our side.”

* Paul Clinton covers the environment and John Wayne Airport. He may

be reached at (949) 764-4330 or by e-mail ato7

[email protected] .