Does the City of Newport Beach control John Wayne Airport (JWA)?

            No. JWA is owned and operated by the County of Orange. Operations on the ground are generally regulated by JWA. Once an airplane is airborne, the Federal Aviation Administration (FAA) controls the air space. In addition, attempts to limit and/or restrict operations are for the most part controlled by the FAA and Federal Law.

 But I thought Newport Beach had a Settlement Agreement that limited operations at JWA?

            Yes.

The Settlement Agreement, a four-party agreement signed by Orange County, Newport Beach, Stop Polluting Our Newport, and Airport Working Group, is the most restrictive of its kind in the U.S. and arose out of litigation between Newport Beach and Orange County. A settlement was reached in 1985. However, in 1990 Congress passed the Airport Noise and Capacity Act (ANCA), which severely limited the proprietors of airports from reducing or limiting their operations. Newport Beach, Orange County, SPON, and AWG were successful in grandfathering in the 1985 Agreement so that it remained in effect after the passage of ANCA. The 1985 Agreement was extended in 2003 to last until 2015. The current Settlement Agreement was determined by the FAA not to further reduce or limit operations in accordance with ANCA.

How many planes fly in and out of JWA every day? 
About 500 at present, commercial and private aircraft.. In 2007 that number was almost 1,000 per day.   While the number of commercial flights has decreased from 288 to 226 operations per day, a decrease of 21 % due to the recession, general aviation decreased an almost unbelievable 55 percent from 2006 to 2010.  In short, small general aviation aircraft, not private jets, are leaving JWA.

Of those daily aircraft operations, how many are jet flights?
311 jets land and depart at JWA every day, according to the JWA report for March 2011, the last published report. Before the current economic downturn, almost 400 jet flights landed and departed everyday.

But, I read that JWA was limited to 85 daily commercial jet flights.
You did read that, but just giving that number without explanation is misleading. Here is why. The 2003 Settlement Agreement, as well as the previous 1985 Agreement, limits the noisiest commercial flights per day, not the total number of flights per day. In fact, most of the jet aircraft do not count in the 85 Average Daily Departures.

 How does the MAP (Million Annual Passengers) affect the number of planes that can arrive and depart?

The only limitation on the total number of flights is the MAP (Million Annual Passengers).   There is NO limitation on the total number of flights.
The 2003 Settlement Agreement, like the previous one, divides commercial jets into three classifications: Class A, Class AA, and Class E. Generally speaking, planes with a noise level below 93.5 decibels are Class E, meaning Exempt. Private jets are not assigned any of these categories.

Class E planes do not count toward the 85 daily limitation. That limitation is an important component of the Settlement Agreement because it limits the number of these noisiest planes, Class A and AA, to 85 per day, but it does not affect the total number of planes operating at JWA.

How many commercial passengers are flying in and out of JWA now?

8,705,199 passengers used JWA during 2010. Before the current recession, JWA’s passenger level reached almost 10 million (9,979,699 in 2007). Even with the decrease from 2007 to 2010, the number of passengers using JWA has grown 20 percent in the last 10 years.

 In spite of the recession, more passengers used JWA last year than in 2003, six years ago.

According to the 2003 Amendment (the latest Settlement Agreement), JWA is limited to 10.3 million passengers until 2011. Then, JWA is allowed 10.8 Million Annual Passengers (MAP) until the Agreement expires in 2015. (These caps on passengers are sometimes referred to as MAP CAP.

If the general aviation passengers, including corporate jets, are not counted toward the MAP, then what are the limitations on these planes?
Not much. Private and corporate planes, including jets, are not limited by the MAP, not limited by the 85 noisiest average daily planes, and not limited by the curfew. In fact, they can take off or land anytime, day or night, as many times as they want, as long as they do not violate the noise parameters. If a private jet violates the noise parameters three times, the plane is banned from the airport for three years.

Briefly, what are the terms of the 2003 Settlement Agreement?
10.3 Million Annual Passengers (MAP) from 01 January 2003 until 2011 (an increase of 23% over the previous limit of 8.4 MAP); additional provisions are:

• 10.8 MAP from 2011 to 2015 (an increase of 28% over the previous limit)
• 85 average daily departures of the noisiest flights (Class A and Class AA, but not Class E)
• 20 gates (an increase of 43% or 6 gates)
• Noise monitoring system
• Curfew from 10 p.m. (departures) and 11 p.m. (landings) to 7 a.m. (Curfew is in effect until 2020.)
• Four cargo flights per day
• Expiration of 2003 Settlement Agreement is 2015 for all passenger limits and 2020 for curfew.
• NO limitation on terminal size or parking.