FAA and NPS Open New San Francisco Commercial Flight Agreement to Comments

The FAA has taken another swing at regulating commercial air tours over popular San Francisco Bay parks and, in partnership with the National Park Service, has officially opened comments on a voluntary agreement proposal that it believes will keep the skies safe without jeopardizing tourism.

The proposal would govern sightseeing flights over Golden Gate National Recreation Area, Muir Woods National Monument, Point Reyes National Seashore, and San Francisco Maritime National Historical Park. It serves as a replacement to an Air Tour Management Plan finalized in January 2023, which was booted by a circuit court after it found the agencies had not adequately complied with National Environmental Policy Act requirements following a lawsuit from environmental groups.

That ruling forced the FAA and NPS to abandon the prior framework and look for an alternative path forward… this time, one permitted under the National Parks Air Tour Management Act of 2000. They found that voluntary agreements offer that option, allowing agencies and operators to set operating conditions without restarting the full regulatory process.

“Implementation of a voluntary agreement helps protect park resources and the visitor experience without compromising aviation safety or the air traffic control system,” the FAA’s proposed rulemaking states.

The agreement lays out where, when, and how commercial air tours can operate. Minimum altitudes ranging from 1,000 to 2,500 feet above ground level would apply over sensitive areas, including seabird nesting sites and marine mammal habitats. Flights would also be required to maintain at least 1,500 feet of lateral separation from Alcatraz Island.

Some areas would see stricter limits. The proposal prohibits all air tour flights over Muir Woods National Monument and excludes helicopter operations entirely over Point Reyes National Seashore. These restrictions aim to reduce noise and minimize disruption in areas already under environmental and visitor-use pressure.

The agreement also introduces incentives for operators using quieter aircraft. Under the proposal, certain operators could qualify for extended operating hours if they prove themselves to carry reduced noise profiles, with eligibility reviewed on a case-by-case basis. This encourages upgrading to newer aircraft technology without mandating fleet changes outright.

The rule is open for a 30-day comment period running from December 2 through January 2.

FMI: www.faa.gov