[Federal Register Volume 91, Number 146 (Friday, July 31, 2026)]
[Rules and Regulations]
[Pages 48255-48257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15554]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2025-2635; Airspace Docket No. 25-AWA-5]
RIN 2120-AA66
Establishment of Prohibited Area P-75; New York, NY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Prohibited Area 75 (P-75) in the
vicinity of the New York, NY, residence of the President of the United
States. The United States Secret Service (USSS) requested that the FAA
restrict aircraft operations in the vicinity of President Trump's New
York residence. To provide adequate safeguards for the USSS to fully
secure the non-Governmental property and USSS protectees in the
interest of national security, the FAA is establishing a prohibited
area in the immediate vicinity of the presidential residence.
DATES: Effective date 0901 UTC, October 29, 2026.
ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
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
www.federalregister.gov.
FOR FURTHER INFORMATION CONTACT: Ashley Toth, Rules and Regulations
Group, Policy Directorate, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
The FAA is adding a regulation to Title 14 of the Code of Federal
Regulations (14 CFR) part 73, subpart C establishing a prohibited area
in the vicinity of Trump Tower in New York, New York. The prohibited
area is necessary according to the United States Secret Service (USSS)
to protect the President, secure the non-Governmental property in
accordance with the Presidential Protection Assistance Act of 1976, and
exercise its authority under 18 U.S.C. 3056 and 3056A.
Section 73.95 creates Prohibited Area P-75 (P-75). P-75 will
prohibit aircraft operations from the surface to 1,000 feet above
ground level (AGL) beginning at lat. 40[deg]45'52'' N, long.
073[deg]57'11'' W; then counterclockwise along an arc with a 1 nautical
mile (NM) radius centered at lat. 40[deg]45'46'' N, long.
073[deg]58'30'' W; to lat. 40[deg]44'48'' N, long. 73[deg]58'09'' W,
with a straight line to the point of beginning. In other words, P-75
will cover a circle with a 1 NM radius centered on Trump Tower and with
a flat edge on the southeast side that parallels the East River.
Aircraft operations will not be permitted within P-75 unless the using
agency, which would be USSS, granted authorization to enter the area.
II. Authority for this Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft, the efficient
use of airspace, and the protection of individuals and property on the
ground. This regulation is within the scope of that authority as it
establishes prohibited area airspace in the vicinity of New York, NY,
to protect persons and property on the ground and to enhance national
security.
III. Background and Final Rule
The FAA published an NPRM for Docket No. FAA-2025-2635 in the
Federal Register (91 FR 23187; April 30, 2026), proposing to establish
Prohibited Area 75 (P-75) in the vicinity of the New York, NY,
residence of the President of the United States. Two comments were
received, both of which supported the proposal. One commenter expressed
that the rule will provide permanent charting of the prohibited area,
which will enhance situational awareness. The commenter also opined
that the rule effectively balances national security with efficiency,
by preserving East River VFR corridors. The other commenter favorably
remarked upon the past precedent of establishing prohibited areas over
presidential residences, and supported greater protection for the
president in light of past assassination attempts. The commenter also
claimed that the affected airspace should be largely devoid of aircraft
based on minimum altitude requirements. He alleged that the rule would
have some impacts on certain operators, but that the FAA had
appropriately minimized these impacts with the low ceiling and overall
dimensions of the prohibited area. This final rule adopts the proposal
without any changes.
[[Page 48256]]
This action amends 14 CFR part 73, subpart C by establishing
Prohibited Area P-75, New York, NY. The prohibited area extends from
the surface to 1,000 feet above ground level (AGL), and is defined as
an area beginning at lat. 40[deg]45'52'' N, long. 073[deg]57'11'' W;
then counterclockwise along an arc with a 1 nautical mile (NM) radius
centered at lat. 40[deg]45'46'' N, long. 073[deg]58'30'' W; to lat.
40[deg]44'48'' N, long. 73[deg]58'09'' W, with a straight line to the
point of beginning. In other words, P-75 covers a circle with a 1 NM
radius centered on Trump Tower and with a flat edge on the southeast
side that parallels the East River. Aircraft operations within P-75 are
prohibited unless the using agency, the USSS, grants authorization to
enter the area.\1\
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\1\ 14 CFR 73.83 states that ``No person may operate an aircraft
within a prohibited area unless authorization has been granted by
the using agency.''
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The size of the prohibited area is based on discussions between the
FAA and USSS and meets security needs while minimizing impact on
operators and the general public. Specifically, in its coordination
with USSS, the FAA sought to ensure minimal impact on helicopter
operations and other operations that are routinely conducted along the
Hudson and East River corridors. The FAA specifically carved out an
area over the East River that is within 1 NM of Trump Tower to allow
helicopter operations along the East River to continue. The prohibited
area achieves the objective of maintaining the efficient flow of air
traffic while also meeting the security requirements associated with
USSS's request. The FAA constructed the prohibited area in a way that
avoids typical aircraft routes. On October 20, 2025, the FAA issued a
Special Security Instruction (SSI) flight restriction, under 14 CFR
99.7, that temporarily restricted all flight operations in the vicinity
of the presidential residence at New York, NY. Prior to the SSI flight
restriction, only law enforcement helicopters, air ambulance aircraft,
and unmanned aircraft systems operated in this area. Additionally, per
14 CFR 73.83, if authorization has been granted by the using agency,
which would be USSS, aircraft could still gain access to the area.
Regulatory Notices and Analyses
Regulatory Flexibility Act
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Order 2100.6B, ``Rulemaking and Guidance Procedure'' (March 10, 2025);
and (3) is anticipated to have a minimal economic impact, as it only
affects air traffic procedures and air navigation, resulting in at most
de minimis costs from minor rerouting of flights. Since this is a
routine matter that only affects air traffic procedures with de minimis
impact on operators, it is certified that this rule does not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, they be the basis for U.S. standards.
The FAA has assessed the potential effect of this rule and
determined that it has legitimate domestic objectives of safety and
security. The rule will not impact exports. As a result, the FAA does
not consider this rule as creating an unnecessary obstacle to foreign
commerce.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these regulations.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the FAA to consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
The FAA determined that there will be no information collection
associated with the rule.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act (42 U.S.C. 4321,
et seq.) and in accordance with FAA Order 1050.1G, FAA National
Environmental Policy Act Implementing Procedures, paragraph B-2.6(d),
which categorically excludes from further environmental impact review
the issuance of regulatory documents (e.g., Notices of Proposed
Rulemaking and issuance of Final Rules) covering administrative or
procedural requirements. (Does not include air traffic procedures;
specific air traffic procedures that are categorically excluded are
identified under Appendix B, Paragraph B-2.5 of this Order). In
accordance with the FAA's NEPA implementation policy and procedures
regarding extraordinary circumstances, the FAA has reviewed this action
for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. The FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact statement. In accordance with FAA
Order 7400.2, section 32-4-7 regarding environmental analysis of
Prohibited Area and Alert Area designations, such designations are
actions that are neither permissive nor enabling, and therefore,
environmental assessments or statements are not required when
designating these areas.
Executive Order Determinations
Executive Order 13132, Federalism
The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. The FAA has determined this action
will not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, does not have federalism implications.
[[Page 48257]]
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures, the FAA ensures Federally Recognized Tribes (Tribes) are
given the opportunity to provide meaningful and timely input regarding
proposed Federal actions that have the potential to affect uniquely or
significantly their respective Tribes. The FAA did not identify any
unique or significant effects, environmental or otherwise, on Tribes
resulting from this rule.
Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution or Use
The FAA analyzed this rule under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The FAA has determined it is not a
``significant energy action'' under the E.O. and will not be likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
Executive Order 13609, Promoting International Regulatory Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to (1) meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or (2)
prevent unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609 and determined this action has no effect on
international regulatory cooperation.
Executive Order 14192, Unleashing Prosperity Through Deregulation
This rule is not an Executive Order 14192 regulatory action because
it is being issued with respect to a national security or homeland
security function of the United States.
Lists of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:
PART 73--SPECIAL USE AIRSPACE
0
1. The authority citation for part 73 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p.389
Sec. 73.95 P-75 New York, NY [New]
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2. Section 73.95 is amended as follows:
* * * * *
P-75 New York, NY [New]
Boundaries. Beginning at lat. 40[deg]45'52'' N, long.
073[deg]57'11'' W; then counterclockwise along a 1 NM arc centered at
lat. 40[deg]45'46'' N, long. 073[deg]58'30'' W; to lat. 40[deg]44'48''
N, long. 073[deg]58'09'' W; to the point of beginning.
Designated altitudes. Surface to 1,000 feet AGL.
Time of designation. Continuous.
Using agency. United States Secret Service, Washington, DC.
* * * * *
Issued in Washington, DC on July 28, 2026.
Alex W. Nelson,
Manager, Rules and Regulations Group.
[FR Doc. 2026-15554 Filed 7-29-26; 4:15 pm]
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