• In 1990 federal law limited the ability of local airports to adopt new curfews or add additional restrictions to existing curfews under the Airport Noise and Capacity Act, but federal law allowed San José’s curfew and other curfews established before 1990 to remain in effect.
  
• The city has faced a growing number of legal challenges by aircraft owners and operators in recent years. A recent court decision raised concerns that the City’s weight-based curfew could be at risk.
  
• The City proposed an alternative that successfully met several objectives:
  • The new rules are not more restrictive. (That would be prohibited under federal law).
  • The new noise-based curfew maintains the same protective noise contours outlined in the Airport Master Plan Environmental Impact Report.
  • The new rules are easier to understand and administer.

• Under current conditions there are an average of approximately 5 flights each night during the curfew by exempt aircraft (such as corporate jets, airline flights delayed by weather or mechanical problems, non-jets).
  
• There will be minimal changes compared to current operations. Analysis was conducted based on 2010 projections, and any increase would likely be very small and very gradual over the next several years.

• The new program is based on clear, rational criteria, and complies with federal law. It is approved by the Federal Aviation Administration. This means that the City is in a better position to defend it successfully against future challenges.

• Any aircraft permitted to takeoff or land during curfew hours under the previous curfew will be permitted to continue to takeoff or land during curfew hours under the noise-based curfew. Additionally, any aircraft that meets the 89 db average noise level requirement of the proposed ordinance may operate as well.
  
• Eight jet aircraft types normally operated by the airlines that were previously prohibited from taking off or landing during curfew hours will be allowed to takeoff and land during curfew hours under the new curfew. However, only two of these aircraft types currently have scheduled service operating out of San José. These are the MD-90 and the Airbus 319.
  

• A curfew intrusion is any aircraft takeoff or landing occurring during curfew hours.
  
• A non-compliant intrusion is any takeoff or landing by a prohibited aircraft during the curfew hours, which is not exempt due to causes beyond the operator’s control, such as mechanical problems, weather delays, Air Traffic Control, security delays or an emergency.

• ? Historically, non-compliant intrusions have averaged approximately 6 per month.

• Airport staff will issue a list of permitted aircraft based upon noise data published by the Federal Aviation Administration.

• The impact of the revised curfew will be minimal. Increases in noise levels would be one-tenth of a decibel or less, which is imperceptible.
  
• The new noise-based curfew maintains the same protective noise contours outlined in the Airport Master Plan Environmental Impact Report, and will have no effect on the established acoustical treatment areas.

• First, the City is hopeful that there will be few violations. The goal is compliance to protect residents, not enforcement for its own sake.
  
• Revenue from any fines, minus administrative costs, will be earmarked for airport community benefit programs.

• The airlines have demonstrated a strong commitment to abiding by the rules of the current curfew.
  
• The new rules are clearer, based on rational and objective standards determined by the Federal Aviation Administration, and are not more restrictive than what we have now. Therefore, we anticipate their continued support.

• Yes. Based on a federal court decision last year, Ellison’s Gulfstream V (G-V) and Global Express aircraft can come in to San José during the restricted hours, even though they exceed the weight limits of the previous curfew.
  
• The new rules don’t change his eligibility, and G-V’s and Global Express aircraft are rated under 89dB.

• Aircraft previously allowed to takeoff or land during the curfew hours under weight-based rules will continue to be allowed to takeoff or land during the curfew hours under the revised program. This “grandfather” clause was necessary since federal law strictly prohibits new restrictions.
  
• A curfew-period takeoff or landing by one of these aircraft occurs, on average, about once each day.

• The new noise-based curfew went into effect on October 21, 2003, following approval by the San José City Council.

14. Is it possible to revise the new program? If residents or airlines want to change it, can they?

• The Federal Aviation Administration has approved this specific proposal made by the City in order to preserve the curfew and its unique benefits to our city. Under federal law, local regulations that further restrict aircraft operations at the Airport are not allowable.