FAA eyes letting sketchy planes ferry firefighters into wildfire zones
Published Date: 9/14/2026
Proposed Rule
Summary
FAA is evaluating a future amendment to its regulations to permit firefighters to be transported to and from the site of a wildfire aboard certain restricted category aircraft when the purpose of that transportation is to permit those firefighters to perform ground wildfire suppression. The amendment would apply to civil aircraft operations and public aircraft operations when the restricted category aircraft is owned by a civilian operator. This action responds to a statutory mandate, and FAA has determined it needs additional information to address both the mandate and the assessment of its economic impact. This ANPRM invites public comments on the current availability of firefighter transportation resources, hindrances and needs influencing their transport, and cost-benefit considerations affecting the transport of firefighters on certain aircraft.
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
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