2026-18799Proposed RuleWallet

FAA Eyes Restricted Planes for Firefighter Wildfire Drops?

Published Date: 9/14/2026

Proposed Rule

Summary

The FAA is thinking about changing rules to let certain special aircraft carry firefighters to wildfires so they can fight fires on the ground. This change would affect civilian-owned restricted category aircraft and aims to make firefighter transport easier and safer. The FAA wants your thoughts by November 13, 2026, to understand costs and benefits before making a final decision.

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Allowing Restricted Aircraft to Move Firefighters

FAA is considering a rule to allow firefighters to be transported to and from wildfire sites aboard certain restricted category aircraft when the purpose is to enable those firefighters to perform ground wildfire suppression. The contemplated amendment would apply to civil aircraft operations and to public aircraft operations when the restricted category aircraft is owned by a civilian operator and responds to the statutory mandate in section 360 of the FAA Reauthorization Act of 2024.

Former Military Aircraft Excluded

Section 360 of the FAA Reauthorization Act of 2024 explicitly prohibits the use of former military aircraft to transport firefighters for wildfire suppression. That statutory prohibition would remain in any rule implementing section 360.

Part 135 Rules May Apply; Noise Waiver

Section 360 states that the aircraft maintenance, inspection, and pilot training requirements under 14 CFR part 135 may be applied to operations that transport firefighters if the Administrator determines they are necessary, and also states that the noise standards in 14 CFR part 36 shall not apply to such operations. These are statutory directives FAA is implementing in its contemplated rule.

Civilian-Owned Restricted Aircraft Subject to FAA Oversight

Section 328 of the FAA Reauthorization Act of 2024 requires FAA operating and maintenance regulations to apply to restricted category aircraft owned by civilian operators, even when operated as public aircraft operations on behalf of a government entity. The preamble states this change can prevent some civilian-owned restricted category aircraft from being used to transport firefighters under current Sec. 91.313 limitations.

FAA May Revise Type Certification and Exceptions

FAA indicates it may revise 14 CFR 21.25(b) (special purpose operations), Sec. 91.313 operating limitations, Sec. 119.1(e) exceptions, and FAA Order 8110.56 to recognize transporting firefighters to perform ground wildfire suppression as a permitted special purpose operation and to make related regulatory changes. These revisions are being considered to implement the directives in section 360.

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Key Dates

Published Date
Comments Due
9/14/2026
11/13/2026

Department and Agencies

Department
Independent Agency
Agency
Transportation Department
Federal Aviation Administration
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