Proposed Rule2026-18799
Use of Certain Restricted Category Aircraft for the Transport of Firefighters for Wildfire Suppression
Primary source
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Published
September 14, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
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[Federal Register Volume 91, Number 176 (Monday, September 14, 2026)]
[Proposed Rules]
[Pages 58029-58034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18799]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 176 / Monday, September 14, 2026 /
Proposed Rules
[[Page 58029]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 91, and 119
[Docket No. FAA-2026-10991; Notice No. 26-16]
RIN 2120-AM13
Use of Certain Restricted Category Aircraft for the Transport of
Firefighters for Wildfire Suppression
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Advance notice of proposed rulemaking (ANPRM).
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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.
DATES: Send comments on or before November 13, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-10991
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
follow the online instructions for sending your comments
electronically.
<bullet> Mail: Send comments to Docket Operations, U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, Room W58-213, West
Building 5th Floor, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building 5th Floor at 1200 New
Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W58-213 of
the West Building 5th Floor at 1200 New Jersey Avenue SE, Washington,
DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: John Attebury, Flight Standards
Service, General Aviation and Commercial Division, Operations Group,
800 Independence Avenue SW, Washington, DC 20591. Telephone: 202-267-
1100, Email: <a href="/cdn-cgi/l/email-protection#023b2f4344512f3a32322f416d70706771726d6c66676c6167426463632c656d74"><span class="__cf_email__" data-cfemail="c9f0e4888f9ae4f1f9f9e48aa6bbbbacbab9a6a7adaca7aaac89afa8a8e7aea6bf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
In response to regulatory changes required by section 360,
``Wildfire Suppression,'' of the FAA Reauthorization Act of 2024 (Pub.
L. 118-63), and for FAA to gather additional information to assist in
developing a proposed rule and assess its likely economic impact, FAA
is publishing this ANPRM, which contemplates proposed amendments to
Sec. Sec. 91.313 and 119.1 of title 14 of the Code of Federal
Regulations (14 CFR) to allow for the transportation of firefighters to
and from the site of a wildfire to perform active ground wildfire
suppression using restricted category aircraft. Currently, under Sec.
91.313(d), no person may be carried on a restricted category civil
aircraft \1\ unless that person is a flight crewmember, a flight
crewmember trainee, performs an essential function in connection with a
special purpose operation for which the aircraft is certificated, is
necessary to accomplish the work activity directly associated with that
special purpose, or is necessary to accomplish an operation outlined in
Sec. 91.313(h). Consequently, unless the firefighters are essential to
the aerial dispensing of liquids, the transportation of firefighters to
and from the site of a wildfire to perform active ground wildfire
suppression on a restricted category civil aircraft is currently
prohibited. To assist in developing the most appropriate regulatory
proposal responding to section 360, FAA is seeking public comment
through this ANPRM, as discussed in more detail below.
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\1\ A restricted category aircraft is one that is certificated
with a restricted category special airworthiness certificate and may
only conduct special purpose operations, as outlined in 14 CFR
21.25(b) (e.g., agricultural, forest and wildlife conservation,
aerial surveying, etc.). These aircraft are limited in their
operations because they are not subject to the same regulatory
safety standards as aircraft holding a standard airworthiness
certificate. In this preamble, when FAA refers to ``restricted
category civil aircraft,'' it includes a restricted category
aircraft owned by a civilian operator and used in public aircraft
operations. As explained in section IV.C of this preamble, under
section 328 of the FAA Reauthorization Act of 2024, civilian
operators that own restricted category aircraft, even if they are
contracted to conduct public aircraft operations, are subject to
FAA's operating and maintenance regulations. See FAA Reauthorization
Act of 2024, sec. 328, Public Law 118-63 (May 16, 2024).
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II. Tips for Preparing Your Comments
FAA seeks public comment on the areas outlined within this ANPRM.
FAA also seeks comments on how this rulemaking could be implemented to
meet the objective of the proposal in a manner that maximizes benefits
without imposing excessive, unjustified, or unnecessary costs.
Specific questions are included in this ANPRM immediately following
the discussion of the relevant issues. FAA asks commenters to provide
as much information as possible on any questions of interest to the
commenter. In some areas, FAA requests very specific information.
Whenever possible, please provide citations and copies of any relevant
studies or reports on which you rely, including cost data, as well as
any additional data that supports your comment. It is also helpful to
explain the basis and reasoning underlying your comment. Each
commenting party should include the identifying number of the specific
question(s) to which it is responding.
[[Page 58030]]
FAA will use comments to make decisions regarding the content and
direction of a notice of proposed rulemaking (NPRM) or other future
rulemakings related to section 360. Comments, including proposals for
rulemaking, will be considered within the context of FAA's existing
statutory authority.
III. Authority for This Rulemaking
FAA's authority to issue rules on aviation safety is found in title
49 of the United States Code. Subtitle I, section 106 describes, in
part, the rulemaking authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of FAA's
authority. In carrying out part A (Air Commerce and Safety) of subtitle
VII, the Administrator is charged with prescribing regulations and
minimum standards for practices, methods, and procedures the
Administrator finds necessary for safety in air commerce. This ANPRM is
within the scope of that authority.
In addition, section 360 of the FAA Reauthorization Act of 2024
(Pub. L. 118-63), requires FAA to issue a rule not later than 18 months
after enactment of section 360 permitting special purpose operations
described in 14 CFR 21.25(b)(7) to allow for the transport of
firefighters to and from the site of a wildfire to perform ground
wildfire suppression and to designate the firefighters conducting the
operation as essential crewmembers on board a covered aircraft operated
on a mission to suppress wildfires. Section 360 provides the aircraft
maintenance, inspections, and pilot training requirements under 14 CFR
part 135 may apply to such an operation as determined by the
Administrator to be necessary to maintain the safety of firefighters
carrying out wildfire suppression missions, and the noise standards
described in 14 CFR part 36 shall not apply to such an operation. In
addition, section 360 states in issuing a rule, FAA shall not enable
aircraft of a type that has been manufactured in accordance with the
requirements of the Armed Forces and was later modified to be used for
wildfire suppression. Finally, section 360 requires the Administrator
to revise FAA Order 8110.56, ``Restricted Category Type Certification''
(Feb. 27, 2006), to reflect the requirements of section 360.
IV. Background
The landscape and dynamics of fighting wildfires in many areas
throughout the United States has changed since 2020. According to data
from the National Interagency Fire Center, from 2020 through 2024 there
have been an average of 61,680 wildfires and 7,288,791 acres burned
each year within the United States.\2\ Providing greater flexibility by
allowing restricted category aircraft conducting civil aircraft
operations, or public aircraft operations (PAO) with civilian operators
that own restricted category aircraft, to transport firefighters so
they may perform ground wildfire suppression has the potential to limit
the spread of wildfires and possibly prevent loss of life and property.
The purpose of this ANPRM is to gather data to inform the FAA action
regarding the transportation of firefighters to and from the site of
wildfires onboard restricted category civil aircraft with the goal of
enabling more means by which those firefighters can be transported.
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\2\ National Interagency Fire Center, <a href="https://www.nifc.gov/">https://www.nifc.gov/</a>.
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A. Section 360 of the FAA Reauthorization Act of 2024
In order to ensure sufficient resources are available to suppress
wildfires and protect public safety and property, Congress mandated a
rulemaking under section 360 to designate firefighters as ``essential
crewmembers.'' \3\ Section 360 further directs FAA to issue a rule
under which an operation specified by FAA would allow firefighters to
be transported on a restricted category civil aircraft to and from the
site of a wildfire so those firefighters could perform ground wildfire
suppression. Section 360 prohibits former military aircraft from being
used to transport firefighters; removes the noise standard requirements
of part 36 for such operations; and requires FAA to update FAA Order
8110.56, ``Restricted Category Type Certification'' to align with the
section 360 requirements.
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\3\ 14 CFR part 1 defines a crewmember as ``a person assigned to
perform duty in an aircraft during flight time.'' The phrase
``essential'' is used to identify those crewmembers essential to the
special purpose and is not considered a defined type of crewmember.
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B. Public Aircraft Operations
One pathway for conducting firefighting operations is as a Public
Aircraft Operation. Operating under public aircraft status is a
statutory authority reserved only for certain government entities and
contractors operating on behalf of a valid government entity.\4\
Government entities may elect to operate any given flight, or the
flights conducted by operators that are contracted by the governmental
entity, as a PAO or as a Civil Aircraft Operation (CAO).\5\ The
determination as to whether the flight will be conducted as PAO or CAO
should be made before each flight. When a government entity is
operating an aircraft as a PAO, many of FAA's regulations do not
apply.\6\ For example, aircraft and airman certification regulations
generally do not apply to PAO, but any regulation applicable to
``aircraft'' (rather than ``civil aircraft'') does apply. As a result,
FAA has less oversight and regulatory authority over PAO. The
government entity conducting PAO is responsible for oversight of those
operations.\7\
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\4\ See 49 U.S.C. 40102(a)(41) and 40125 (defining ``public
aircraft'' and ``Qualifications for public aircraft status'').
\5\ See section IV.C, Civil Aircraft Operations, of this
preamble.
\6\ As discussed in more detail in section IV.C of this
preamble, FAA notes civilian contractors that own restricted
category aircraft and operate them as PAO are subject to FAA's civil
operating and maintenance regulations. See Public Law 118-63,
section 328.
\7\ See 49 U.S.C. 40102(a)(41) and 40125; see also Public
Aircraft Operations--Manned and Unmanned, Advisory Circular No. 00-
1.1B (Sept. 21, 2018).
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There are statutory requirements a government entity must meet to
conduct PAO. Specifically, the aircraft used must meet the definition
of a public aircraft under 49 U.S.C. 40102(a)(41). Public aircraft are
defined differently depending on the government entity owning or
operating the public aircraft. For example, a public aircraft leased by
a State, the District of Columbia, territories and possessions of the
United States, or a political subdivision of one of those governments,
must be exclusively leased for 90 continuous days.\8\ In addition to
meeting the definition of a ``public aircraft'' under 49 U.S.C.
40102(a)(41), the operation must also meet the public aircraft
requirements under 49 U.S.C. 40125. For example, public aircraft, other
than those operated by the Armed Forces under certain circumstances,
cannot operate for a ``commercial purpose'' \9\ and can only carry
crewmembers or qualified non-crewmembers.\10\ The public aircraft
statute allows ``qualified non-crewmembers'' to be on board a public
aircraft as long as their presence is ``required to perform, or is
associated with the performance of, a governmental function.'' The
definition of ``governmental function'' includes ``firefighting.'' As a
result, firefighters may be on board public aircraft.\11\
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\8\ 49 U.S.C. 40102(a)(41)(D).
\9\ 49 U.S.C. 40124(a)(1) defines ``commercial purposes'' as
``transportation of persons or property for compensation or hire . .
.''.
\10\ 49 U.S.C. 40125(b).
\11\ See 49 U.S.C. 40125(a)(3)(B).
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In summary, under current statutes and regulations, to utilize
restricted category aircraft to transport firefighters
[[Page 58031]]
to and from the site of a wildfire to perform ground wildfire
suppression, those operations must be conducted as PAO, provided the
aircraft is not owned by a civilian operator.\12\ Meanwhile, if a
standard category aircraft is used to provide that transportation, then
the operation could be conducted as a PAO or as a CAO.
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\12\ See section 328 of the FAA Reauthorization Act of 2024 and
section IV.C of this preamble.
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C. Section 328 of the FAA Reauthorization Act of 2024
Prior to the FAA Reauthorization Act of 2024, civilian contractors
conducting PAO on behalf of government entities and using restricted
category aircraft were not subject to FAA's civil regulations. Section
328 of the FAA Reauthorization Act of 2024 now requires FAA's operating
and maintenance regulations to apply to civilian operators that own
restricted category aircraft even if they are operating on behalf of a
government entity as a PAO. Specifically, section 328 states,
``Notwithstanding any other provision of law, the Administrator shall
have sole regulatory and oversight jurisdiction over the maintenance
and operations of aircraft owned by civilian operators and type-
certificated in the restricted category under section 21.25 of title
14, Code of Federal Regulations.'' \13\ As the language states, this
provision only applies to restricted category aircraft owned by
civilian operators. Section 328 does not impact standard category
aircraft owned by civilian operators when conducting PAO, who still are
not subject to FAA's civil operating and maintenance regulations.
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\13\ FAA Reauthorization Act of 2024, Public Law 118-63, Sec.
328 (May 16, 2024).
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As a result of this new requirement, there is a subset of PAO that
are subject to some of FAA's civil regulations. The new section 328
requirements now prohibit civilian operators that own restricted
category aircraft from transporting firefighters because they would not
be able to comply with Sec. 91.313, the civil operating rule
pertaining to restricted category aircraft.\14\ This, in turn, could
limit the total number of aircraft available to transport firefighters
under PAO. Rulemaking directed by section 360 could help mitigate the
effects of these requirements by enabling restricted category civil
aircraft to transport firefighters to and from the site of wildfires
for ground-based wildfire suppression.
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\14\ As discussed in section IV.D of this preamble, Sec. 91.313
is a civil operating rule that applies to restricted category civil
aircraft operations. Because restricted category civil aircraft
owned by civilian operators are now subject to FAA's civil operating
rules under section 328, even when conducting PAO, Sec. 91.313
applies to those operators. As explained below, those operators
cannot comply with Sec. 91.313 because transportation of
firefighters is not currently recognized as a special purpose
operation.
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D. Civil Aircraft Operations
Civil aircraft operations are another pathway by which aerial
firefighting operations can be conducted in restricted category civil
aircraft provided the operation qualifies as a special purpose
operation. Typically, aircraft used to conduct firefighting operations
through the aerial dispensing of liquids have been issued a restricted
category airworthiness certificate for that special purpose operation.
The requirements for issuing type certificates for restricted
category aircraft are codified in 14 CFR 21.25. Section 21.25(b) lists
seven special purpose operations including agricultural, forest and
wildlife conservation, aerial surveying, patrolling, weather control,
aerial advertising, and any other operation specified by FAA. FAA Order
8110.56B further clarifies under the special purpose of Forest and
Wildlife Conservation, the term ``aerial dispensing of liquids'' is
included in the special purpose operation for firefighting aircraft.
This designation does not include transporting firefighters to or from
the site of a wildfire to perform ground wildfire suppression.
When conducting a CAO in a restricted category civil aircraft, an
operator must comply with the requirements of Sec. 91.313
(``Restricted category civil aircraft: Operating limitations'').
Section 91.313(a) establishes that no person may operate a restricted
category civil aircraft for other than the special purpose for which it
is certificated, or in an operation other than one necessary to
accomplish the work activity directly associated with that special
purpose. Section 91.313 contains exceptions to the requirements of
Sec. 91.313(a); however, those exceptions do not allow the
transportation of firefighters to and from a site to perform ground
wildfire suppression. Section 91.313(c) establishes that a restricted
category civil aircraft cannot carry ``persons or property for
compensation or hire.'' However, paragraph (c) allows an exception for
those aircraft to carry persons or material necessary to accomplish a
special purpose operation and states those operations are not
considered to be the carriage of persons or property for compensation
or hire. Finally, Sec. 91.313(d) contains a listing of the persons who
may be carried on a restricted category civil aircraft; these are: a
flight crew member, a flight crew member trainee, a person who performs
an essential function in connection with the special purpose operation
for which the aircraft is certificated, a person who is necessary to
accomplish the work activity associated with that special purpose, or a
person who is necessary to accomplish an operation outlined in Sec.
91.313(h).
Under the current regulatory requirements, conducting a CAO using
restricted category civil aircraft for the purpose of transporting
firefighters to and from the site of a wildfire to perform ground
wildfire suppression is not permitted. The restrictions in Sec. 91.313
preventing that transportation are:
1. That transportation is other than the special purpose of the
``aerial dispensing of liquids'' for which the restricted category
civil aircraft is certificated (Sec. 91.313(a)(1));
2. That transportation is an operation other than one necessary to
accomplish the ``aerial dispensing of liquids'' (Sec. 91.313(a)(2));
and
3. The firefighters are not performing an essential function in
connection with the ``aerial dispensing of liquids'' nor are they
necessary to accomplish the work activity directly associated with the
``aerial dispensing of liquids'' (Sec. 91.313(d)(3) & (4)).
Another consideration when conducting this type of CAO is
determining the applicability of 14 CFR part 119 (``Certification: Air
Carriers and Commercial Operators''), which outlines the certification
requirements for operators intending to operate civil aircraft as,
among other things, an air carrier or commercial operator in air
commerce. Section 119.1(e) contains a listing of operations for which
part 119 does not apply, and ``firefighting'' is listed in Sec.
119.1(e)(4)(iv) under ``Aerial work operations.'' The transportation of
firefighters to and from the site of a wildfire to perform ground
wildfire suppression is not considered an ``aerial work operation;''
\15\ therefore, those operations would not be excepted from the part
119 certification requirements and would be required to operate under
part 135 (``Operating Requirements:
[[Page 58032]]
Commuter and On Demand Operations and Rules Governing Persons On Board
Such Aircraft''). However, as discussed below, restricted category
aircraft cannot operate under part 135, which governs the operations of
commercial commuter and on-demand operations.
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\15\ The Duncan Legal Interpretation outlines why the
transportation of firefighters cannot currently be conducted as a
special purpose operation under Sec. 91.313 and does not fall under
the ``aerial work operation'' under Sec. 119.1(e)(4)(iv). This
interpretation is discussed in more detail below. See Duncan Legal
Interpretation (May 24, 2018), <a href="https://drs.faa.gov/browse/excelExternalWindow/FAA000000000LEGALINTPR2018008PDF.0001?modalOpened=true">https://drs.faa.gov/browse/excelExternalWindow/FAA000000000LEGALINTPR2018008PDF.0001?modalOpened=true</a>.
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Section 135.25 provides the requirements for aircraft used in part
135 operations, and Sec. 135.25(a)(1) requires those aircraft to be
``. . . registered as a civil aircraft of the United States and carries
an appropriate and current airworthiness certificate. . . .'' A
restricted category airworthiness certificate is not an appropriate
airworthiness certificate for part 135 operations because FAA has
determined those aircraft are not appropriate for transporting persons
or property for compensation or hire.\16\ Therefore, to transport
firefighters to and from the site of a wildfire to perform ground
wildfire suppression as a CAO, the aircraft would be required to have a
standard airworthiness certificate, and those operations would have to
be conducted under part 135.
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\16\ See Exemption Denial No. 5585 (``The FAA has determined
that it is necessary in the interest of safety to impose certain
limitations on the operations of [restricted category aircraft] . .
. [A] restricted category aircraft has not demonstrated a level of
safety equivalent to that of a standard category aircraft. Standard
category airplanes, unlike restricted category airplanes, can be
used for carrying passengers for compensation or hire and must
demonstrate compliance with more stringent design requirements . . .
.''), <a href="https://drs.faa.gov/browse/excelExternalWindow/FAA00000000000000000000000EX5585.0001">https://drs.faa.gov/browse/excelExternalWindow/FAA00000000000000000000000EX5585.0001</a>.
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The restrictions imposed on restricted category aircraft, and the
fact that the transportation of firefighters to perform ground wildfire
suppression is not currently considered a special purpose operation
under Sec. 21.25(b), effectively prohibit the CAO transportation of
firefighters in a restricted category civil aircraft to perform ground-
based firefighting actions.
In a 2018 legal interpretation, FAA addressed the question of
whether firefighters transported aboard restricted category civil
aircraft to extinguish fires from the ground are deemed to be
performing an essential in-flight function in connection with a special
purpose operation and whether the transportation of firefighters falls
under the Sec. 119.1(e) exception of an ``aerial work operation.'' FAA
determined the transportation of firefighters for ground firefighting
from one location to another is not related to the special purpose
operation for which the aircraft is certificated.\17\ FAA also
determined under either Sec. 91.313(d)(3) or (4), the persons aboard a
restricted category aircraft must be participating in the special
purpose operation, which is the aerial dispensing of liquid for
firefighting, or be essential to the aerial dispensing of liquid.
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\17\ See Duncan Legal Interpretation at 2 (May 24, 2018),
<a href="https://drs.faa.gov/browse/excelExternalWindow/FAA000000000LEGALINTPR2018008PDF.0001?modalOpened=true">https://drs.faa.gov/browse/excelExternalWindow/FAA000000000LEGALINTPR2018008PDF.0001?modalOpened=true</a>.
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In the interpretation, FAA stated with respect to Sec.
119.1(e)(4)(iv), if firefighters are performing an aerial work
operation (firefighting from the aircraft), the certification
requirements of part 119 do not apply.\18\ However, transporting
firefighters for ground firefighting is not an aerial work operation.
FAA also noted if the aircraft operation is involved in both aerial
work and transportation, the exception from part 119 certification
would not apply because a dual-purpose operation of transportation and
aerial work does not fall under the aerial work operation
exception.\19\
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\18\ Id.
\19\ Id.
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As a result of the current civil regulatory framework and the 2018
legal interpretation, revision to Sec. 91.313 may be warranted, and
FAA Order 8110.56 would be revised to add transportation of
firefighters to the site of a wildfire as a special purpose operation
as defined in Sec. 21.25(b)(7). In addition, revision to the Sec.
119.1(e) exceptions may also be warranted to except the transportation
of certain firefighters from part 119 applicability.
IV. Questions Concerning Proposal Under Consideration
This ANPRM is intended to gather information from the public to
help inform FAA's efforts to assess options for safely implementing the
requirements of section 360 to enable the transportation of
firefighters to and from the site of a wildfire on restricted category
aircraft, excluding former military aircraft.
Below, FAA poses questions to the public it hopes will further
inform FAA's consideration of a section 360 rulemaking. Please
reference the specific question(s), or number of the question(s), to
which you are responding. Please include what government entity or
private organization is providing the responses and any other
information that may help FAA develop an NPRM. Also include any sources
for your information and any data or context that you use in developing
your comment.
A. Number and Types of Aircraft and Operations Transporting
Firefighters
Fighting wildfires is a topic of great interest and need throughout
the United States, with the majority of firefighting actions performed
by government entities, either local, State, or Federal. While the
rules for flight in the national airspace system are established, the
operational parameters and types of aircraft by which these entities
perform firefighting actions and transport firefighters to the site of
wildfires vary across the different entities. The aircraft may be owned
or contracted by the government entity, and the entity may perform the
actions under PAO or CAO, depending on the internal policies of the
entity involved, the situation surrounding the firefighting activity,
and the availability of aircraft. FAA seeks information regarding the
types of standard category and restricted category aircraft currently
used to transport firefighters to and from the site of a wildfire so
those firefighters can perform ground wildfire suppression.
1. By enabling restricted category aircraft to provide
transportation of firefighters to and from the site of a wildfire as
described in section 360, please provide the expected increase in the
number of firefighters that will be transported by your organization to
suppress wildfires, if any.
2. Over the last five years, what was your annual average of aerial
transportation flight segments transporting firefighters to and from a
location to perform ground wildfire suppression actively that were
conducted as PAO? How many were conducted as CAO?
A. In your answer, please include: the make and model of each
aircraft used in firefighter transport; the average number of annual
flight segments per aircraft and how many hours on average were spent
per flight segment transporting firefighters to and from the site of
wildfires; the hourly cost to operate and maintain each aircraft; and
whether those aircraft were operated \20\ using a standard
airworthiness or a restricted category certificate and whether they
were operated under CAO, PAO, or both. What percent of these flights
would you replace a standard category aircraft with a restricted
category aircraft if allowed to operate restricted category aircraft to
transport firefighters? What would be the hourly cost to operate and
maintain each of these restricted category aircraft?
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\20\ FAA recognizes some aircraft can have multiple
airworthiness certificates but can only operate under one
certificate at a time.
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[[Page 58033]]
B. Of your flights transporting firefighters to and from the site
of a wildfire to perform ground wildfire suppression over the last five
years, what percentage of CAO operations out of the total number of
desired CAO operations for transportation of firefighters did you have
to cancel or not pursue due to the lack of available aircraft because
of the restriction on using restricted category civil aircraft?
3. Are you facing difficulties in finding contractors to transport
firefighters under CAO to suppress wildfires? If so, what are these
difficulties?
4. What types of restricted category civil aircraft, other than
surplus military aircraft, would be capable of transporting
firefighters if allowed by a change in regulations as proposed in
section 360?
5. A. Does your organization have policies, procedures, or
contractual requirements that prevent the transportation of
firefighters on restricted category aircraft, regardless of whether
operating as a PAO or CAO? If so, why?
B. If FAA revises the rules to permit transportation of
firefighters on restricted category aircraft, would you revise your
policies and procedures to permit transportation of firefighters on
restricted category aircraft? Why or why not?
B. Additional Economic Questions
Wildfires are by their nature chaotic, unique, and unpredictable,
and they can have disastrous economic impacts on the United States.
Government entities and those organizations they contract with to fight
wildfires expend considerable resources on the prevention and
mitigation of wildfires, and firefighting efforts save untold billions
in potential damages as well as saving lives. FAA seeks information
related to the economic impact a rulemaking based on section 360 would
have on your organization, the financial constraints and realities of
operating restricted category aircraft for transporting firefighters,
and information related to the types and costs of the aircraft being
used.
1. If the 14 CFR part 135 aircraft maintenance, inspections, and
pilot training requirements are applied to restricted category aircraft
that transport firefighters, please provide the estimated costs to meet
these part 135 requirements by aircraft make and model. If these
requirements were applied to restricted category aircraft to transport
firefighters, what percent of the flight segments you provide in
standard category aircraft would you replace with a restricted category
aircraft?
2. For operators currently providing transportation of firefighters
on aircraft that are not in the restricted category, what impact would
this rulemaking have on your operation?
3. As compared to current response times to get firefighters on
location to perform ground wildfire suppression actively, will allowing
the transport of firefighters on restricted category aircraft improve
wildfire response times and if so, how much?
4. What additional quantitative or qualitative benefits or
drawbacks does your organization anticipate from a rulemaking based
upon the directives Congress stipulated in section 360?
V. Executive Order 14192
This rule is exempt from the requirements of Executive Order 14192
as it is a prerulemaking action.
VI. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The most
helpful comments explain the reason for any recommendations and include
supporting data. To ensure the docket does not contain duplicate
comments, commenters should submit only one time if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this ANPRM. Before acting on this rulemaking, the
FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay.
Privacy: In accordance with 5 U.S.C. 553(c), FAA solicits comments
from the public to inform its rulemaking process better. FAA posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this ANPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this ANPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this ANPRM. Submissions
containing CBI should be sent to the person in the FOR FURTHER
INFORMATION CONTACT section of this document. Any commentary that the
FAA receives which is not specifically designated as CBI will be placed
in the public docket for this rulemaking.
C. Electronic Access and Filing
A copy of this ANPRM, all comments received, any NPRM and final
rule, and all background material may be viewed online at
<a href="http://www.regulations.gov">www.regulations.gov</a> using the docket number listed above. Electronic
retrieval help and guidelines are available on the website. It is
available 24 hours each day, 365 days each year. An electronic copy of
this document may also be downloaded from the Office of the Federal
Register's website at <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government
Publishing Office's website at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may also be
found at the FAA's Regulations and Policies website at <a href="http://www.faa.gov/regulations_policies">www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this ANPRM,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official or the person listed under
[[Page 58034]]
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit
<a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
Issued under authority provided by 49 U.S.C. 106(f) and section
360 of Public Law 118-63 in Washington, DC.
Hugh Thomas,
Executive Director, Flight Standards Service.
[FR Doc. 2026-18799 Filed 9-11-26; 8:45 am]
BILLING CODE 4910-13-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.