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°45′52″ N, long. 073°57′11″ W; then counterclockwise along an arc with a 1 nautical mile (NM) radius centered at lat. 40°45′46″ N, long. 073°58′30″ W; to lat. 40°44′48″ N, long. 73°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. ( printed 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°45′52″ N, long. 073°57′11″ W; then counterclockwise along an arc with a 1 nautical mile (NM) radius centered at lat. 40°45′46″ N, long. 073°58′30″ W; to lat. 40°44′48″ N, long. 73°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]

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. ( printed 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.

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73 as follows:

91 FR 48255