FAA Proposes Rule Change to Allow Firefighter Transport on Restricted Category Aircraft

On September 14, 2026, the Federal Aviation Administration formally initiated a regulatory change that will allow civilian operators to transport wildland firefighters aboard restricted category aircraft. The agency published an Advance Notice of Proposed Rulemaking (ANPRM) to gather economic and operational data, marking the first step toward dismantling a long-standing barrier for local fire agencies. For a fire chief managing a rapidly expanding wildfire, the proposed rule means the helicopters already contracted to drop water could soon be legally cleared to shuttle ground crews directly to the fire line.[1][3]

The regulatory friction stems from 14 CFR 91.313, a civil operating rule that prohibits restricted category aircraft from carrying passengers for compensation or hire. Under 14 CFR 21.25, these aircraft are certificated only for special purpose operations, such as the aerial dispensing of firefighting materials. In a 2018 legal interpretation, the FAA affirmed that while a restricted category helicopter is authorized to drop water on a fire, that certification does not extend to transporting firefighters for ground suppression. Consequently, civilian contractors have been legally barred from putting crews in the empty seats of their water-dropping helicopters.[1][3]

Congress intervened earlier this year with the passage of the 2024 FAA Reauthorization Act. Section 360 of the legislation mandated that the FAA conduct formal rulemaking within 18 months to designate wildland firefighters as "essential crewmembers." This statutory change forces the agency to create a legal pathway for firefighters to fly on restricted category civil aircraft, supplementing the limited fleet of standard category aircraft currently authorized for passenger transport.[1][3]

However, another provision in the 2024 legislation inadvertently tightened the squeeze on local fire departments. Section 328 required civilian contractors conducting Public Aircraft Operations (PAO) on behalf of government entities to comply with the FAA's civil operating and maintenance regulations. Previously, these operators were exempt from rules like 14 CFR 91.313 when flying for a state or county. The new requirement effectively grounded their ability to transport firefighters, creating an immediate capacity shortage that the current ANPRM seeks to resolve.[1][3]

"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," the agency stated in the Federal Register filing. The FAA is explicitly asking operators and fire agencies for data 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."[1][2]

The proposed solution contains a significant caveat for the aerial firefighting industry: Section 360 explicitly excludes surplus military aircraft from the new passenger-carrying privileges. Historically, former military helicopters, such as surplus UH-60 Black Hawks, have made up a large majority of the restricted category fleet used for U.S. firefighting because they do not have to meet standard civil certification requirements.[3]

By excluding surplus military airframes, the legislation effectively creates a regulatory carve-out for purpose-built, factory-new restricted category helicopters, such as Lockheed Martin Sikorsky's S-70M Firehawk. For a civilian operator, this means upgrading a fleet to transport firefighters will require purchasing newer, more expensive airframes rather than repurposing cost-effective military surplus models.[3]

The FAA is now asking fire agencies if they are actively facing difficulties in finding contractors to transport crews using standard category aircraft. The agency also wants to know what specific types of non-military restricted category aircraft could step in to fill the void, and what the hourly cost to operate and maintain those aircraft would be.[1][4]

Public comments on the ANPRM remain open until November 13, 2026. For local municipalities and the civilian contractors they rely on, the final rule will dictate whether they can maximize the utility of their existing aviation assets or if they will need to source entirely different aircraft to get firefighters to the front lines.[1][4]