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March 13, 2003 

FAA Rules Stage 2 Jet Ban at Naples Airport Violates Federal Law

The Federal Aviation Agency (FAA) issued a ruling yesterday that will have a major impact on airports nationwide. The FAA ruled that a Stage 2 jet ban at the Naples, Florida airport violates federal law. This ruling was made in spite of the fact that Naples recently completed the costly FAR 161 study as required by the FAA. (See text below - AP Story) 

The FAA prescribed the Part 161 as the only way an airport owner like Naples or Martin County would be allowed to restrict Stage 2 jets. But as we now see, once Naples, the first airport in the country to go through the process, completed the study, the FAA turned around and nullified the results of this lengthy and expensive process. 

Martin County Airport management and aviation business interests continue to mislead Martin County officials and the public by insisting that the FAA - FAR 161 study will go a long way towards solving problems at Witham Field. The public relations consultant recently hired by aviation business interests and others has been making the rounds telling the Chambers of Commerce in Martin County, the public, and Martin County Commissioners that doing the Airport Exploratory Study (AES) is a waste of time and money. She insists we should instead proceed with an expensive FAR 161 study. 

The Naples ruling by the FAA clearly shows the opposite is true - the FAR 161 is a waste of time and money and the less costly Airport Exploratory Study is our only hope. 

WAAM will continue our program of fact-finding and educating both the public and our County government about this very complex issue. We cannot accept status quo at Witham or the inevitable growth of Jet Traffic that looms on our horizon.
Real solutions require credible information. We need the facts in order to proceed. 

The Airport Exploratory Study to be voted on by the County Commission this coming Tuesday, March 18th - will examine our options and give both our County Commissioner and the public facts on which to base a decision.

Support WAAM and Support the Airport Exploratory Study 

Board of County Commission Chambers 

Be There - Tuesday March 18th - 10am

WAAM Board of Directors 



AP Story 
BC-FL...Jet Ban,360 

FAA rules Stage 2 jet ban at Naples airport violates federal law # rlcnap-ts # NAPLES, Fla. ... (AP) ... Naples
municipal Airport's ban on small, loud jets is discriminatory and violates federal law, the Federal Aviation
Administration has ruled. 

FAA spokeswoman Marcia Adams said Naples airport is immediately restricted from getting any federal grants unless the Naples Airport Authority repeals the ban on Stage 2 jets. 

Stage 2 jets were made primarily between 1975 and 1983 and are noisier than jets made in subsequent years. All Stage 2 jets weighing more than 75,000 pounds have been banned by the federal government, but Naples is the first airport in the country to ban Stage 2 jets that weigh less than 75,000 pounds. 

In its ruling released Tuesday, the FAA said the ban is illegal because it discriminates against a certain type of aircraft. 

Airport Authority Executive Director Ted Soliday said they would appeal. Soliday said the airport will be able to apply for grants again upon informing the FAA that it will appeal the decision. He also said the airport would continue to enforce the ban while the appeal is ongoing. 

Naples airport officials say they can ban Stage 2 jets under a 1990 federal aviation law that requires multiple noise
studies and several public comment periods before a specific type of aircraft can be banned. 

Airport officials say they have met the requirements set forth in that law. 

The airport's noise study found that Stage 2 jets accounted for less than 1 percent of the aircraft flying out of the airport, but were responsible for more than 40 percent of the noise complaints from local residents. 

In 2001, two Washington, D.C.-based trade groups sued the authority, alleging the Stage 2 ban was unconstitutional. A federal district judge ruled in favor of Naples airport before the case went to trial, saying the ban was constitutional. 

Airport Authority member Peter Manion said the previous case made him confident the airport would prevail against the FAA on appeal. This issue has already been adjudicated in our favor,'' Manion said. We have precedent on our side.''