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II. Terms <br />The Parties expressly agree to the following terms: <br />1. As part of the SoCal Metroplex Project, FAA designed standard instrument flight <br />procedures for aircraft arriving and departing John Wayne Airport that would meet the <br />purpose and need for the proposed action as described in the Final Environmental <br />Assessment for the Southern California Metroplex Project. The SoCal Metroplex <br />procedures were designed for aircraft that could utilize performance based navigation <br />technology. <br />2. The FAA's implementation of the SoCal Metroplex project procedures at John Wayne <br />Airport shall not preempt and shall not be interpreted or otherwise construed in a manner <br />that would in any way jeopardize the continued successful operation and implementation <br />of, or otherwise affect/conflict with, the terms of the John Wayne Airport Settlement <br />Agreement entered into by the parties in County of Orange et al v. Air California/ City of <br />Newport Beach v. County of Orange (Case No. CV 85-1542 TJH (MCx) (C.D. CA 2014), <br />as amended ("Settlement Agreement"), including the Noise Abatement Departure Profiles <br />as described in FAA Advisory Circular 91-53A, utilized to comply with the Settlement <br />Agreement. However, the Parties understand and recognize that the FAA is not and never <br />was a party to the Settlement Agreement. Nothing in this paragraph should be construed as <br />binding the FAA to that Settlement Agreement or creating additional FAA obligations <br />under it. <br />3. The FAA's implementation of the SoCal Metroplex Project procedures at John Wayne <br />Airport did not require changes to the design of the airport flight paths in a manner that <br />could affect or conflict with the County's General Aviation Noise Ordinance (County of <br />Orange Ordinance 2-1-30.1 et seq.). <br />4. The FAA has implemented the procedures described in the environmental assessment and <br />FONSI/ROD for the SoCal Metroplex project. After the effective date of this Agreement, <br />any modifications to the standard instrument departures PIGGN, HHERO, FINZZ, <br />HAWWC (propeller aircraft only), HOBOW, MIKAA, PLZZA and the standard terminal <br />arrivals DSNEE, OHSEA, ROOBY, TILLT, as well as any other new proposed procedures <br />and required navigation performance Z Approaches for Runways 02L and 20R would be <br />subject to separate environmental review under the National Environmental Policy Act <br />("NEPA"). <br />5. The PIGGN, HHERO and FINZZ procedures, depicted in Exhibit A, were designed, in <br />part, to allow aircraft to fly as closely as possible: (i) near the middle of Newport Bay, (ii) <br />between John Wayne Airport noise monitors 1 through 6, and (iii) crossing over the <br />airport's noise monitor 7. After the effective date of this Agreement, the FAA shall not rely <br />on the adopted environmental assessment for any modifications to the PIGGN, HHERO, <br />or FINZZ or to create any new departure procedure(s) at John Wayne Airport. <br />Page 2 of 9 <br />