FAA considers rule change to expand wildland firefighter transport options

The US Federal Aviation Administration (FAA) is seeking industry input on a proposed regulatory change that could allow certain restricted-category aircraft owned by civilian operators to transport firefighters to wildfires for ground-based suppression.

The advance notice of proposed rulemaking (ANPRM), published in response to Section 360 of the FAA Reauthorization Act of 2024, aims to gather operational and economic data before the agency develops a formal proposal. Comments are due by 13 November 2026.

Under current US regulations, restricted-category civil aircraft certified for specialist missions such as aerial firefighting generally cannot carry firefighters to a wildfire to tackle flames on the ground. Existing rules permit people aboard these aircraft only under specified conditions linked to their certified purpose. Transporting ground crews is not currently recognized as an eligible special-purpose operation.

The proposed change would address this restriction by potentially amending regulations governing restricted-category aircraft operations and commercial operator certification. Former military aircraft modified for wildfire suppression would be excluded.

The FAA said the rulemaking could increase the number of aircraft available to move firefighters to wildfire sites. However, it is seeking evidence on current transport capacity, aircraft types, contractor availability, operating costs, and the potential effect on response times. The agency is also asking whether additional maintenance, inspection, and pilot-training requirements under Part 135 should apply.

The initiative follows changes introduced by the 2024 legislation that brought civilian-owned restricted-category aircraft operating on behalf of government entities under FAA regulatory oversight, potentially limiting their availability for firefighter transport.

According to National Interagency Fire Center data cited by the FAA, the USA recorded an annual average of 61,680 wildfires and 7.29 million acres burned between 2020 and 2024.

Industry stakeholders can submit comments under docket FAA-2026-10991 via the Federal eRulemaking Portal at Regulations.gov.

The AirMed&Rescue team recently spoke to operators and technology providers about what it takes for aerial firefighting teams to track down and safely retrieve people from the scene of a wildfire.