Summary of the John Wayne Airport Phase 2 Access Plan

Posted on June 11, 2010 by Barbara E. Lichman, Ph.D., J.D.
Under the 1985 John Wayne Airport Stipulated Settlement Agreement, as amended in 2003, regularly scheduled commercial users operating at JWA shall not serve more than 10.3 million annual passengers in any year beginning on January 1, 2003 through December 31, 2010, and not more than 10.8 MAP beginning on January 1, 2011 through December 15, 2015. To maintain passenger traffic within those limits, and to balance the needs of the Orange County community for adequate commercial air transportation facilities and the desire of the local community for environmentally responsible air transportation operations at JWA, the County, in its capacity as proprietor and operator of JWA, imposed noise restrictions; implemented Permitted Commercial Operations Hours (commonly referred to as a “curfew”); and adopted limits on the noise levels of aircraft operating at JWA, and the number of passengers those aircraft could accommodate in any year.

 

First, the County placed noise monitors, designated as NMS1S through NMS7S, at seven locations throughout Newport Beach and set noise limits at each monitored location. NMS1S, NMS2S and NMS3S are designated as Criterion Monitoring Stations for purposes of qualifying aircraft to operate at JWA. Under the Plan, if an operator violates the noise levels, the Airport Director “shall immediately disqualify that aircraft type from further service at JWA by that operator”. The Plan also provides for requalification of disqualified aircraft. In addition, the curfew limits Monday through Friday departures to 0700-2200 hours, Sunday departures to 0800-2200 hours, Monday through Saturday arrivals to 0700-2300 hours, and Sunday arrivals to 0800-2300 hours [all local time]. The County has also imposed Permitted Cargo Operations Hours at JWA which require that staging of Ground Support Equipment (“GSE”) on the ramp shall not commence prior to 1545 hours, no cargo aircraft arrivals will be allowed prior to 1600 hours, cargo aircraft departures will not occur later than 1945 hours, and all GSE will be returned to GSE staging areas no later than 1945 hours. Finally, the Plan also includes extensive operations reporting requirements and implements mitigation measures identified earlier in connection with the County’s approval of the JWA 1985 Master Plan and related environmental documents, and projects approved by the County as amendments to the Settlement Agreement. This paper focuses only on the operational capacity allocations sections of the Plan.

The Plan allocates Average Daily Departures (“ADDs”), Authorized Departures, Seat Capacity, Passenger Capacity and Remain Overnight (“RON”) positions among regularly scheduled commercial users at JWA. The Plan also includes regulations regarding Affiliated Carriers and Associated Operating Groups, Capacity Withdrawals, Disqualifications and Reallocations, and penalties for exceeding allocations and violating other prohibitions. Other than the allocation provisions, the remainder of the Plan became effective on August 15, 1990. The allocation provisions became effective on October 1, 1990. The Plan terminates on December 31, 2015. For more information, see complete Summary of the JWA Phase 2 Access Plan.
Tags: , , , , , ,

John Wayne Airport Settlement Agreement - Past and Future

Posted on June 10, 2010 by Barbara E. Lichman, Ph.D., J.D.
Many governmental entities and affected communities have heard a great deal about the John Wayne Airport Settlement Agreement and the restrictions it imposes on noise from airport operations, the most stringent in the United States, including a mandatory curfew for aircraft that exceed specified noise levels in departure. For a full discussion, please see John Wayne Airport Settlement Agreement - Past and Future.

Tags: , , , , , ,

FAA's Most Recent Forecast Sees Massive Increase in Passengers at Region's Airports

Posted on June 9, 2010 by Barbara E. Lichman, Ph.D., J.D.
The Federal Aviation Administration's most recent forecast of future airline passengers at the region's airports is an eye opener. In the forecast year 2030, FAA is projecting 49.3 million enplanements (98.6 million total passengers) at Los Angeles International Airport; 3 million enplanements (6 million total passengers) at Ontario International Airport; and 6.6 million enplanements (13.2 million air passengers) for John Wayne Airport. This compares to current figures for LAX of approximately 58 million air passengers a year; Ontario, 4.5 million air passengers a year; and John Wayne Airport, 9.8 million air passengers a year.

Of course, 2030 is 20 years away and much can happen between now and then. Therefore, the real eye opener is the comparatively low projected growth of Ontario. Despite the fact that Ontario has new terminals, runways thousands of feet longer than those at John Wayne Airport, and convenient freeway access to all of the Inland Empire as well as northeast Orange County, FAA does not expect it to grow more than 33%, compared to John Wayne Airport’s 38% and LAX’s whopping approximately 60%.

FAA may have pulled the trigger too quickly, however. On May 10, 2010, the Los Angeles City Council approved a motion to study the transfer of Ontario International Airport to the control of the City of Ontario (control that shifted to Los Angeles in 1967). As the City of Ontario has a strong interest in growth of Ontario International Airport as an economic engine for the currently economically moribund Inland Empire, the jury is still out as to whether Ontario will steal those passengers FAA now projects for LAX and John Wayne Airport. Stay tuned.
Tags: , , , , , , ,

Federal Aviation Administration Increases Protections for Airline Passengers

Posted on June 7, 2010 by Barbara E. Lichman, Ph.D., J.D.
On June 2, 2010, the Federal Aviation Administration issued a proposed rule that calls for a new level of protection for airline passengers, including compensation for involuntary "bumping;" permission to cancel reservations within 24 hours without penalty; and prohibition on airline ticket price increases after purchase.

 

This most recent proposal is in addition to the Final Rule promulgated last month which bans lengthy tarmac delays and the imposition of other inconveniences as well as questionable health practices by the airlines.

Interested parties may submit comments on the proposal to the FAA within 60 days. It is a certainty that the airlines will do so, as the proposal appears to have a potential impact on their bottom lines. Further discussion of the proposal can be found at www.dot.gov/affairs/2010/dot11010.html
 

Tags: , , ,

Airline Passengers Finally Have Protection

Posted on May 19, 2010 by Barbara E. Lichman, Ph.D., J.D.

The United States Department of Transportation has finally taken a step the United States Congress refused to take: it has enacted an Airline Consumer Protection Rule that, among other things: (1) limits to three hours the amount of time passengers at large and medium hub airports must spend on a delayed aircraft without deplaning (with exceptions for safety and security); (2) requires food, potable water and usable bathrooms after no more than two hours; (3) requires provision of medical attention where required; and (4) requires airlines, by July 23, to display on their website delay information for every domestic flight the airlines operate.  www.dot.gov/affairs/2010/dot8210.htm

It has been Chevalier, Allen & Lichman, LLP’s position from the outset that the Fourth Amendment to the United States Constitution, prohibiting unreasonable search and seizure, has always required that passengers be released from delayed aircraft whether on the tarmac or not (see previous Chevalier, Allen & Lichman blog on the subject). However, the courage and proactivity of the Department of Transportation, especially in the absence of the same courage from Congress, deserves approbation from the public and from Chevalier, Allen & Lichman, LLP. The full text of the Final Rule can be found at edocket.access.gpo.gov/2009/pdf/E9-30615.pdf.

Tags: , , ,