W24 (HAVO)

August 4, 2008

Dear Administrator:

This letter is in response to the Department of Transportation, Federal
Aviation Administration (FAA) Federal Register Notice (Docket Number
FAA-2008-0713), [Notice of Interim Operating Authority (IOA) Granted to
Commercial Air Tour Operators Over National Parks and Tribal Lands
Within or Abutting National Parks]{.underline}, Federal Register: July
8, 2008 (Volume 73, Number 131). Hawaii Volcanoes National Park submits
the following comments:

Currently, the park has 6 fixed wing air tour operators whose Interim
Operating Authority (IOA) collectively totals 7,313 air tours annually.
In addition, there are 11 helicopter operators with 21,128 IOA. The IOA
application from Skycraft Air Service for new entrant IOA over Hawaii
Volcanoes National Park would add 600 flights to the current IOA level
of 28,841.

The NPS is a cooperating agency with the FAA to develop an Air Tour
Management Plan (ATMP) and environmental impact statement (EIS) for
Hawaii Volcanoes National Park. An EIS is being prepared because there
is a potential for significant environmental effects from the current
IOA granted to existing air tour operators. Granting new entrants at
this time seems to make presumptions about the impacts of air tours on
the resources of the National Park Service. In fact, our NPS review of
available data indicates that we do have a noise problem from the
current level of what is being flown under the IOA and that these
flights may already adversely affect park resources. Because it is the
job of the FAA and NPS to manage air tours to avoid these impacts it
does not seem appropriate to increase the number of flights at this
time, before completion of the ATMP/EIS analysis.

The National Parks Air Tour Management Act of 2000 (NPATMA) states that
the FAA and the National Park Service (NPS) must consider the following
in deciding whether to grant IOA to new entrant air tour operators: Not
create a noise problem at the park or on the tribal lands, and that the
granting of IOA shall promote the protection of national park resources,
visitor experiences, and tribal lands. The NPS is greatly concerned that
increasing flights will add to existing noise problems, increase the
audibility levels of commercial air tour aircraft at various locations
in the park, and increase impacts to park resources and values, which
could be significant.

Hawaii Volcanoes National Park has a very quiet natural soundscape and
threats from the noise impacts of air tours were acknowledged over
twenty years ago. The Overflights Act of 1987 (PL 100-91) named the park
as part of a study to determine the proper minimum altitude of aircraft
when flying over units of the National Park System. This requirement
arose from concern regarding the impacts of aviation noise on the
natural soundscapes at Hawaii Volcanoes and other national parks. The
study was also to provide information and evaluation of the impacts of
aircraft noise on the safety of park visitors, the impairment of visitor
enjoyment, as well as impacts to other resources including
congressionally designated Wilderness, park soundscapes, threatened and
endangered species, and resources of religious and cultural importance
to Native Hawaiians. The results of these studies were published in the
"Report on Effects of Aircraft Overflights on the National Park System,"
July 1995.

The National Park Service manages "natural quiet" as a park resource,
which is based on public law, defined in management policy, and on our
understanding of desired visitor experience. Overflights affect the park
visitors' opportunity to experience natural sound. Air tours routinely
fly above the park's designated Wilderness, interrupting visitor
solitude above backcountry trails and campsites. In 2008, social science
research indicated that front-country park visitors have an average
length of stay of 4-6 hours and nearly two-thirds of visitors rank the
ability to hear natural sounds as important to their enjoyment and
appreciation of the park. Three-quarters of visitors equate annoyance
and negative feelings with human-caused sounds including aircraft sound,
vehicle sound, and the loud disruptive behavior of other visitors.
(Social Science Research to Inform Soundscape Management, Steve Lawson,
Department of Forestry, Virginia Polytechnic Institute and State
University).

During public scoping and initial Section 106 consultations under the
National Historic Preservation Act for the Hawaii Volcanoes National
Park ATMP EIS, concerns were raised on the impacts of what is being
flown under the current IOA on noise, cultural resources, visitor
experience, wilderness values, and threatened and endangered bird
species. There were repeated public comments regarding the
unacceptability of the high number of air tours experienced daily by
people on the ground both within and outside the park.

Over a 25-year period, the park has experienced concentrations of
visitors, geologists, and NPS personnel on the ground at lava viewing
and monitoring sites and in areas offering access to the lava. Crowds of
visitors on trails, at parking areas, and at viewing areas can reach up
to 5000 when lava is present. Scientific equipment that is essential for
volcanic monitoring is also located in these areas. Current noise issues
include aircraft noise interference with scientific data collection,
interference with on-the-ground conversation and radio use, and
interference with hearing sounds associated with volcanic activity,
which is essential for visitor and staff safety. Acoustic monitoring
shows aircraft noise ranges between 50- 60 decibels in this location for
just [one]{.underline} aircraft. During daily peak periods, as many as
six to eight air tours are on site at one time. A visitor to the lava
can experience multiple circling of air tours in a confined narrow
corridor. It can be a very noisy and unexpected experience for the
majority of park visitors, who overwhelming visit the park on the
ground. In addition, we are concerned about the concentration of
aircraft in this area in relation to aircraft safety.

In May 2008, Hawaii Volcanoes National Park received national media
coverage as one of the nation's top five "noisiest national parks" due
to the number of air tours experienced by a visitor on the ground.
Allowing more flights would fuel the perception that one of the nation's
noisiest parks is about to get noisier.

The National Park Service is concerned about air tours that are
currently flying above the nesting habitat of six endangered and one
threatened species, which include Nene, Hawaiian honeycreeper, Hawaiian
akepa, Hawaiian akiapola\`au, Hawaiian petrel, Hawaiian hoary bat, and
the Hawaiian hawk. For example, one air tour route passes above an area
where, for 10 months of the year, concentrations of endangered Nene
breed and roost within an endangered species management area. A formal
biological consultation will occur as part of the NEPA process, but
there is immediate concern about the potential impacts of the current
numbers of air tours flying at the minimum 500' AGL (above ground level)
allowed for air tours.

As directed under NPATMA, the FAA and NPS are charged with mitigating or
preventing the significant impacts of air tour operations over the park.
The ATMP/EIS process is currently evaluating various factors in
developing a range of alternatives that will include different levels
(i.e., numbers) of air tours, to address the impacts of air tour
operations over Hawaii Volcanoes National Park. The ATMP/EIS
environmental analysis will guide the decision of what level of air
tours should be allowed over or within ½ mile of the boundary of the
park. If the final plan includes a limitation on the number of
commercial air tour operations for any time period, the plan shall
provide for the initial allocation of opportunities to conduct
commercial air tour operations. New entrants would be allowed to compete
for allocations at that point in the process.

The NPS contends that allowing new entrant IOA at Hawaii Volcanoes
National Park at this time in the ATMP/EIS process is premature. This
will not promote the protection of park resources and visitor
experiences and will add to existing noise problems. We look forward to
continuing to work with the FAA on the ATMP/EIS for Hawaii Volcanoes
National Park.

![](media/image1.wmf){width="2.0in"
height="0.9729166666666667in"}Sincerely,

Cynthia L. Orlando

Superintendent