UPDATE 3/25: In response to a quick wave of outrage on editorial pages and some Park Service lobbying, Senator McCain has withdrawn his proposed amendment.  It remains to be seen whether he will let the NPS EIS process set the final rules, or seek to have the Senate write rules if the process lags or heads toward a resolution that differs from his sense of the proper balance.

That John McCain can sure be a puzzle.  Or is it a case of the old maverick’s bait and switch, staking the high moral ground while pursuing a typically old-guard agenda?  Whatever he’s up to, let’s hope the rest of his Senate colleagues don’t buy into it.  Way back in 1987 McCain led the push to enact the National Parks Overflights Act, which called for the FAA and NPS to come up with a plan to reduce the aircraft noise experienced by Grand Canyon visitors.  This was a truly welcome and indeed, maverick move.  In the 23 years since then,  as noted by the Arizona Republic this week, “the process of adopting a noise-management plan often seemed to move at the same geological pace as the forces shaping the Canyon. ”  This has frustrated advocates for natural quiet, and it has frustrated Senator McCain.  So when the Senator introduced an amendment last week to codify air tour rules, saying that  the amendment reduces excessive aircraft noise “without waiting another 23 years for progress,” it might appear that he’s still taking the high road, standing up to the ridiculous bureaucracy.

But wait: what the good Senator neglected to mention is that the NPS Environmental Impact Statement governing overflights is due out sometime in April.  Yes, the 23-year wait is at its end, after years of collaborative dialogue and NPS research, and within a few weeks, we’ll see what the NPS has proposed.  Yet for some reason, the great champion of the process wants to undercut that work and impose his own version of what would be right and good.  According to the National Parks Conservation Association, the plan McCain is putting forward would allow more air tours than are currently permitted, and otherwise constrain the Park Service’s ability to manage air tours in order to fulfill the original 1987 Act’s stated purpose of “substantial restoration of natural quiet.”  While most of McCain’s amendment seems to mimic what the NPS has indicated it’s aiming for, an FAA-convened working group fell apart over some of the NPS ideas, seasonal limits on certain popular air-tour corridors.  Air tour managers were upset at some NPS provisions, and in the wake of the group’s failure, the FAA’s role is diminished as the NPS moves ahead.  While the EIS is due in April, comment period will follow, and of course, lawsuits by air tour groups or environmentalists looking for more quiet could also delay implementation.  All this may well fuel McCain’s efforts to get something closer to the FAA or air tour groups’ sense of a fair balance into law, rather than wait through the likely challenges.

The Senate is likely to vote on McCain’s amendment this week; the measure may well slip through, as it is co-sponsored by both Arizona and both Nevada Senators (yes, Harry Reid); many air tours originate in Las Vegas.  The NPCA is urging members to call their Senators, and the Arizona Republic also weighed in against short-circuiting the nearly completed EIS.  (Ironically, the NPCA honored McCain in 2001 for his leadership on the overflight issue.)  See also Senator McCain’s floor statement, and the text of his amendment.  If you do call your Senator, this is Amendment 3528, being attached to the Senate’s consideration of HR 1586, which proposes a tax on bonuses paid by some recipients of TARP funds.

A key research paper from National Park Service and Colorado State scientists has been published in Trends in Ecology and Evolution.  The paper, which got a lot of press when it was first made available online in the fall, introduces two key new metrics for measuring the effects of noise on animals.  The first, “alerting distance,” is the distance at which sounds can be heard: these may be sounds made by a species to alert others to danger, or sounds made by predators (which prey animals want to hear, so as to take cover).  The second, is “listening area,” the full area around an animal in which it can hear other animals’ calls, footsteps, and wingbeats.  A key insight offered by this approach is that even moderate increases in background noise (from nearby roads, airplanes, or wind farms) can drastically reduce an animal’s listening area.  The paper, which was free while in pre-press, is now available only to subscribers to the journal or other academic journal services; an article published in Park Science magazine and free to view online introduces much of the same material (be sure to click on the links to the figures, as they illustrate the concepts very well): see the article here, and check out the entire special soundscapes issue of Park Science here.

A very good article in the Aspen Times introduces the research, and includes many extremely insightful quotes from the researchers.  Go read the whole article! Three bits that are especially worth keeping mind are:

• “The male sage grouse, in its mating displays, produces high-frequency popping sounds and swishing sounds,” Fristrup said. “It also uses a low-pitch hooting sound, which carries the farthest from the display area as a long-distance advertisement. The danger is, it doesn’t take a lot of noise to substantially reduce the range at which females or other males could hear that low-frequency hoot. So the attraction radius of the display ground could contract substantially with the inability to hear a hoot.” The authors note that some species can reduce the effects of masking by shifting their vocalizations. This is especially true when members of a species are communicating with each other. However, when the sounds a species depends on emanate from another species (such as a mouse burrowing under the snow, which an owl needs to hear as it hunts), there is less room for compensation.
• Carnivores like lynx, who sit at the top of the food chain, can be particularly sensitive to habitat degradation of any type — including auditory — since each individual requires a huge hunting territory. “If one part of the range of a top-level predator is compromised, it may not take much to squeeze it out,” Fristrup said.
• Contrary to what one might expect, noise is not always more disruptive when it’s louder. Snowmobiles or cars, for example, might be less disruptive to elk or deer than a hiker or cross county skier would be. “There’s pretty good evidence that so-called quiet use can disturb wildlife. If it’s a noisy source, the animal perceives it a long way off and can track its progress. There are no surprises, and it can go on feeding or doing whatever else. A quiet sound, like a snowshoer’s footstep, is only perceptible when it is very close, potentially startling the animal,” Fristrup said.

To read AEI’s detailed lay summary of the research paper, published here in December, see this link.

In the best overview I’ve yet seen of efforts to solve the “problem” of electric cars being so quiet, the New York Times Wheels blog provides a tour of the the apparently burgeoning of field sound design for these future (and increasingly, present-day) vehicles.  Most designs plan to incorporate sounds that will alert nearby pedestrians of a car nearby, but will only emit sound when the car is slow-moving (above 12 or 15 mph, tire noise will be sufficient).

A speaker embedded in the bumper of a Fisker Karma (click to read NY Times blog post)

Among the key questions is whether electric car owners will be able to customize their car’s “voice,” ala cell phone ring tones, or if they should be standardized.  So far, individual auto companies are each pursuing their own standard sounds, which could presumably become part of the “look and feel” of the car’s branding.  A Nissan engineer quoted in a September article from Bloomberg,  says that “we decided that if we’re going to do this, if we have to make sound, then we’re going to make it beautiful and futuristic.” The company decided on a high- pitched sound reminiscent of the flying cars in “Blade Runner,” the 1982 Ridley Scott film. “We wanted something a bit different, something closer to the world of art,” said the Nissan designer.  At least one acoustic design company has turned its attention to becoming the “go to” company for automakers facing this 21st century problem.  The Times blog and its accompanying article are both great reads on this fascinating – and for some anti-noise activists, frustrating – topic.

An ongoing research project from the National Park Service Natural Sounds Program is about to publish a groundbreaking paper that outlines the many ways that even moderate increases in human background noise can create major impacts on animals.  The study proposes a new metric for use in bioacoustics research, the “effective listening area.”  This is the area over which animals can communicate with each other, or hear other animals’ calls or movements; as might be expected, animals focus especially on listening for sounds at the very edges of audibility, so that even a small increase in background noise (from a road, wind farm, or regular passing of airplanes) can drown out sounds that need to be heard.  The authors note analyses of transportation noise impacts often assert that a 3dB increase in noise – a barely perceptual change – has “negligible” effects, whereas in fact this increased noise reduces the listening area of animals by 30%. A 10dB increase in background noise (likely within a few hundred meters of a road or wind farm, or as a private plane passes nearby) reduces listening area by 90%.

In addition to introducing this important new metric, the paper provides a good overview of previous research that has addressed the impacts of moderate noise on various animals, including bats, antelope, squirrels, and birds.  The paper will be published next year, though an “in press” version is available for download.  A recent BBC article also covered this important new work.  A full detailed lay summary of this paper, as previously published on AEI’s science research page, appears below the fold: Read the rest of this entry »

As surely as winter follows autumn, Yellowstone National Park’s annual rite of tussling over snowmobile use has arrived just on time.  After issuing a proposed 2-year winter use plan in September, and opening its arms to receive a round of public comments that likely mimic those received during the previous three attempts to settle this issue, the Park Service issued its interim rule on Friday, and on Monday, the State of Wyoming challenged it in federal court.  With the winter season due to open in December, the now-unsettled situation is a familiar one.  Improving the situation over previous years, however, Wyoming says it will not ask for an injunction to stop implementation of the new rule on the eve of the winter season, since outfitters are basically prepared for the lower numbers already.

Photo: Bob Zellar, Billings Gazette

This time, the number under dispute is 318.  That’s how many snowmobiles the new interim rule calls for; the last full NPS EIS recommended the same in 2008, though the Bush administration intervened and proposed instead that 540 be allowed.  That, of course, spurred environmental groups to challenge the rule, which was overturned by a DC federal court.  The NPS is headed back to the drawing board, and is planning a 2-year EIS process to try to resolve the issue, with the current proposed interim rule to be in place for the next two winters. Wyoming has called for NPS to revert instead to a 2004 winter use rule that allowed 720 machines per day; this rule began a tradition of spurring dueling rulings from federal courts in DC and Wyoming—the DC court saying that the number is too high to fit with NPS science findings, and WY court saying that the limits are too low—which the 2008 EIS was trying to resolve.  Yikes!

Rather than try to recount the whole sordid mess up to now, if you’re a glutton for punishment I invite you to peruse the AEIews archives or Special Report on the issue.  For local news coverage of this round in the mother of all snowball fights, see this article in the Jackson Hole Daily, and this commentary by a local environmental group urging snowmobile advocates to turn their sights toward National Forest lands around Yellowstone where, in fact, winter snowmobile enthusiasts spend the vast majority of their motor-sled time.  This AP article provides a concise history, up to this September when Federal Judge Clarence Brimmer decided that he had no standing to intervene to derail the new interim rule and impose the 2004 limit of 720 snowmobiles (in a legal thread separate from this week’s challenge, Wyoming has asked the regional Federal Appeals court to allow or urge Brimmer to address this claim UPDATE 11/24: The Appeals Court denied the appeal, agreeing with Brimmer that the original issue is moot now that NPS has issued its temporary plan).  In the meantime, let’s all pray for snow and some modicum of sanity to quiet this decade-long dispute in the next couple of years!

In April, a set of voluntary guidelines for air tours in Denali National Park was released, meant to minimize noise intrusions on backcountry hikers.  An Aircraft Overflights Advisory Council spent a bit over a year coming up with the proposals, which included asking pilots heading for the summit of Mt. McKinley/Denali to avoid two high-altitude camps used by people climbing the mountain.

A "sound station" on the Ruth Glacier is monitoring the noise level of aircraft landing on the glacier. NPS Photo.

Likewise, Kahiltna Glacier campers have been subject to planes climbing to cross Kahiltna Pass, where pilots are encouraged to climb to altitude before approaching the pass.  According to the Denali website, these “best practices” are designed to safely reduce sound impacts in key areas, and are subject to refinement and revision as operational experience is gained.  The Park Service is monitoring the effectiveness of the measures; Charlie Sassara, who is a member of the Council, says that “we will now try to look at additional mitigation measures to enact in 2010.”

After eight years of struggling to bring conflicting interest groups together to support a consensus alternative for managing air tours at Grand Canyon National Park, an FAA-organized Grand Canyon Working Group has adjourned indefinitely.  The Working Group included NPS, FAA, tribal, environmental, and aviation industry representatives. At the Working Group’s last meeting, in late June, the GCWG disagreed on NPS alternatives, including a seasonal shift in air-tour corridors by alternatively closing the Zuni and Dragon corridors, which are now open concurrently.  According to a recent article in Aviation International News,  “The FAA does not have a role at this point,” said Lucy Moore, the GCWG mediation facilitator, adding “When the NPS presents one preferred alternative, the FAA will then review it for safety issues.”  In recent years, the NPS has clarified its goals to meet congressional mandates to “substantially restore” natural quiet in the canyon; they are aiming to have half the canyon be free of air tour noise 75% of the time, though high-altitude jet flight will not be regulated.  The Park Service is aiming to release a draft EIS in 2010; see their overflights web page for more details.  At the June Working Group meeting, participants noted that the Park Service seemed more engaged and prepared to push for protecting natural quiet than during the previous administration; however, it is unlikely that the NPS plan will have as dramatic an effect on reducing air tour noise in the canyon as did an August visit by the First Family, when dozens of air tours were grounded for much of the day during a peak visitation period.

It’s deja vu all over again over again over again, as Secretary of Interior Ken Salazar stepped up as the third Administration to attempt the now seemingly absurd task of setting permanent rules governing the use of snowmobiles in Yellowstone National Park. Both the Clinton and Bush plans ended up with dueling Federal District Court rulings in Wyoming (where relatively snowmobile-friendly decisions tend to result), and DC (where results tend to hew more toward the analysis done by the Park Service, recommending limits).  This time, it took only one day for the State of Wyoming to dash into Judge Clarence Brimmer’s District Court and urge the new plan to be set aside.

The Obama administration has proposed a temporary rule for snowmobile management over the coming two winters, while yet another Environmental Impact Statement is developed.  Their proposal matches the recommendation made in the Park Service’s last EIS, to allow 318 snowmobiles a day into the Park.  The Bush administration had ignored this recommendation, and in November 2008 instead proposed a rule allowing 540 per day; the DC court said that the choice was not sufficiently backed up by the EIS, and ordered the Park to come up with a new plan.  When the Park proposed the 318 number for last winter, the Wyoming court issued a ruling that spurred differing interpretations; the Park Service (likely sensing the likelihood of a judicial logjam blocking the entire snowmobile season), decided that the Wyoming ruling mandated them to revert to an expired 2004 Final Rule that allowed 720 machines, though environmental organizations held that the Judge had made no such firm requirement.  In any case, Wyoming is now aiming to clarify that ruling, by asking Judge Brimmer to affirm their interpretation that his 2008 ruling requires the Park Service to revert to the 2004 rule until a new EIS is completed. As usual, local news outlets like the Jackson Hole Daily have some of the most thorough coverage.

A reality check: last year, the average number of snowmobiles entering Yellowstone was only 205, while in the previous winter the average was 295.  Only a few peak days would trigger the new limit; last year’s top usage day was December 29, when 426 machines entered the Park.  Ever since the establishment of the “guided-tour-only” requirement (a part of the first Bush proposal, meant to overturn the Clinton-era phase-out of snowmobiles), total snowmobile use in Yellowstone has declined dramatically, from a previous average of 840 machines per day during the Clinton years, with peak weekend totals of 1600-2000. Meanwhile, snowcoach ridership has nearly doubled. Still, sound monitoring has found that vehicles were audible over half the day in many popular areas, including at Old Faithful 68% of the time, and 59% of the time at Madison Junction.  It’s not clear yet whether the Obama team will attempt a brand-new EIS, as the Bush team did, or opt for a somewhat faster Revised EIS process; it is unlikely that much new information will be available, beyond  annual noise monitoring data. Tim Stevens, Northern Rockies regional director for the National Parks Conservation Association, said that two years is too long for the interim plan. “The Park Service has been working on this for over 10 years,” he said. “They’ve got all the information that they need … to complete this in one year.”

Death Valley has become the sixth National Park to initiate a formal Air Tour Management Plan process since the 2000 passage of legislation mandating such plans in National Parks with commercial helicopter or plane overflights.  It’s the first new plan to begin since 2004, when similar planning began at Lake Mead, Mt. Rushmore, and Badlands National Park, and two Hawaii national parks.  The process, under the auspices of the Federal Aviation Administration (FAA)  has been shockingly slow; initial scoping (information gathering) for Environmental Assessments or EISs took place in 2004 and 2006 in these parks, but there have yet to be any draft EISs released.  Air tour management began at the Grand Canyon well before the 2000 legislation, and continues to move slowly toward final resolution.

At Death Valley, existing helicopter tours operators are hoping that the new process will not limit their activities, which have so far seemed to not cause significant visitor conflicts.  Death Valley also is home to a small airport at which up to 30 private planes land each day, mostly day trippers from Las Vegas or southern California.  The decision to proceed with an ATMP was made at a late June meeting of the National Parks Overflight Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). The ARC is hoping to expedite the process at Death Valley by having all stakeholders more directly involved from the beginning, in hopes of demonstrating a process that can complete ATMPs in a more timely fashion at other parks in the future.  Full minutes of that meeting are available here.

See FAA ATMP website

UPDATE 3/25/10: The Senate has passed legislation allowing the NPS to ban helicopter tours at Crater Lake without going through a lengthy inter-agency process with the FAA.  The measure still needs to be approved by a House-Senate conference committee.

A request from an air tour operator to begin helicopter flights in Crater Lake National Park has stirred considerable local opposition.  The Oregonian editorialized against the proposal, saying that the rim road already provides suitable access to those who can’t hike far.  The same rim road is used by Leading Edge Aviation in its pitch to allow the flights, as they claim that their ‘copters will not cause any more noise impact than RVs in the summer or snowmobiles in the winter cruising the rim.  Others are skeptical that the choppers are really that quiet. Erik Fernandez, wilderness coordinator for Oregon Wild, says, “It’s embarrassing enough that we have only one national park and so little protected wilderness in Oregon. Desecrating the experience at Crater Lake with helicopters buzzing around would be tragic.”  Planned air tours range include a half-hour flight that just passes by the north rim and two longer options that skirt other Park landmarks, including Grouse Hill and The Pinnacles. See local press coverage here, and Leading Edge’s tour proposal here.

The Bush administration’s 8-years of Yellowstone winter use meddling continues to the bitter end: after immediately overturning the Clinton-era phase-out of snowmobiles in the Park during the winter of 2001, it has, in its final month in office, issued a rule to maintain a 720 snowmobiles/day limit, after a year in which the Park Service proposed a long-term cap of 540, then lowered its proposal to 318 when a DC Federal Court tossed its plan as not protective enough.  I took my eye off this ball for a couple months, and it ricocheted around the country, through two Federal District Courts (just as the initial Bush rule did in the middle of this eight years of chaos) and through the businesses and bar-rooms of West Yellowstone, WY, continuing to boggle the journalistic mind to cull the madness into a readable narrative.  The bottom line for this winter appears to be a “limit” of 720 machines, which, if the past few years are any indication, is more than will want to enter the Park (thanks to rules that require all snowmobiles to be part of guided tours).  Read our best attempt at a summary below the fold, or see AEI’s Special Report: Yellowstone Winter Use for ten years of gorey details. Read the rest of this entry »

Responding to a September Federal Court ruling that tossed the 3rd Yellowstone Winter Use Plan on the cusp of a new winter season, Park managers have released a proposed interim plan that will, for the first time since the original Clinton-era plan, reduce the actual numbers of snow machines in the Park on most of the busy winter holidays and weekends. Earlier plans had capped snowmobiles at 720, then more recently, 540 per day; the interim proposal will allow 318 per day. Last winter, an average of 290 snowmobiles entered the park each day, but on many weekends and other peak days, numbers reached 400-500, with the single highest day seeing 557. Read the rest of this entry »

The eternal cycle of Yellowstone Winter Use Plans looks to continue for at least one more round, as the third “final” National Park Service rule governing snowmobile access to Yellowstone and Grand Teton National Parks has been tossed out by a Federal District Court after challenges form a consortium of environmental organizations.  DC-based judge Emmet Sullivan found that the NPS plan that would allow 540 snowmobiles to enter the parks each day was “arbitrary and capricious.” Sullivan expressed three key objections: the current average use of 263 snowmobiles is already exceeding the noise standards set by the Park Service (with the additional snowmobiles likely to further increase the area in which snowmobiles are audible for over half the day from 21 square miles to 63 square miles); NPS “utterly failed to explain why none of the seven alternatives would constitute impairment or unacceptable impacts” (despite NPS figures that suggest an increase in exhaust gasses and particulates of 18-100%); and NPS “failed to provide a rational explanation for the source of the 540 snowmobile limit.” The case turned on how to interpret the Organic Act, a 1916 law that established the Park Service

Read the rest of this entry »