FAA seeks comment on transporting firefighters in restricted aircraft

The Federal Aviation Administration (FAA) is evaluating a future amendment to its regulations that would permit firefighters to be transported to and from the site of a wildfire aboard certain restricted category aircraft when the purpose is to allow those firefighters to perform ground wildfire suppression. The agency published an advance notice of proposed rulemaking (ANPRM) in the Federal Register of September 14, 2026, and is inviting public comment on the proposal.

The action responds to a statutory mandate under section 360, “Wildfire Suppression,” of the FAA Reauthorization Act of 2024 (Pub. L. 118–63), which requires the FAA to issue a rule permitting special purpose operations to transport firefighters and to designate them as essential crewmembers. The FAA said it needs additional information to address both the mandate and the assessment of its economic impact.

What the rule would change

Under current rules, § 91.313(d) of title 14 of the Code of Federal Regulations prohibits carrying persons on a restricted category civil aircraft unless they perform an essential function in connection with the special purpose operation for which the aircraft is certificated. Because transporting firefighters for ground suppression is not currently recognized as a special purpose operation under § 21.25(b), the transportation of firefighters to and from a wildfire site on a restricted category civil aircraft is prohibited.

The ANPRM contemplates amendments to §§ 91.313 and 119.1 of 14 CFR to allow the transportation of firefighters to and from the site of a wildfire to perform active ground wildfire suppression using restricted category aircraft. It would apply to civil aircraft operations and to public aircraft operations when the restricted category aircraft is owned by a civilian operator.

• The proposal would add transportation of firefighters to the special purpose operations listed in § 21.25(b)(7).
• It would revise FAA Order 8110.56, “Restricted Category Type Certification,” to align with section 360.
• It would also consider exceptions to § 119.1(e) to exempt certain firefighter transport from part 119 certification requirements.

Background and data sought

According to data from the National Interagency Fire Center, from 2020 through 2024 there were an average of 61,680 wildfires and 7,288,791 acres burned each year in the United States. The FAA said that enabling restricted category aircraft to transport firefighters has the potential to limit the spread of wildfires and possibly prevent loss of life and property.

The FAA is seeking public comment on the current availability of firefighter transportation resources, hindrances and needs influencing their transport, and cost-benefit considerations. Specific questions cover the number and types of aircraft used, the expected increase in firefighters transported, and the annual average of aerial firefighting flight segments conducted as public or civil aircraft operations.

How to comment

Comments must be submitted on or before November 13, 2026, identified by docket number FAA–2026–10991. They may be sent through the Federal eRulemaking Portal at www.regulations.gov, by mail, by hand delivery or courier to Docket Operations in Washington, DC, or by fax to (202) 493–2251. The contact for further information is John Attebury of the Flight Standards Service, General Aviation and Commercial Division, Operations Group.

The FAA will use the comments to make decisions regarding the content and direction of a notice of proposed rulemaking or other future rulemakings related to section 360. For aerial firefighting operators, government agencies and the public, the outcome could expand the pool of aircraft available to move crews to the fire line, strengthening the national response to increasingly severe wildfire seasons.

Source: Federal Register, Vol. 91, No. 176, September 14, 2026, Proposed Rules, p. 58030 (official reference: Docket No. FAA–2026–10991; Notice No. 26–16; RIN 2120–AM13).