FAA To Start Issuing Section 927 Waivers as Parallel Alternative to Section 44807 Exemptions for UAS 

Background 

Since 2014, the FAA has extensively exercised its exemption authority to permit Unmanned Aircraft Systems (UAS) operations that do not fit within the existing regulatory framework or to grant relief from statutory airworthiness or airman certificate requirements. This authority was established by Congress initially in §333 of the FAA Modernization and Reform Act of 2012 and later expanded in §44807 of the FAA Reauthorization Act of 2018. Exemptions issued under the authority of these statutes are thus referred to as (previously) §333 exemptions and (currently) §44807 exemptions, respectively.

New Statute and FAA Policy 

§927 of the Reauthorization Act of 2024 establishes new waiver authority for FAA to use as an alternative pathway (i.e. not a replacement) to the exemption process for UAS operations seeking regulatory relief. These §927 waivers may be granted even if the applicable regulation does not specifically authorize waivers; this is a significant change, as waiver-able regulations are otherwise specifically codified as such. See FAA’s explanation of how they will implement §927 waivers.

§927 Waivers vs. §44807 Exemptions 

FAA maintains that both pathways to regulatory relief will result in a safety-based decision, however, the new §927 waivers introduce several concerning changes:

  • Public Benefit Justification Not Required – §927 waivers will not require the petitioner to show that a specific petition’s requested regulatory relief would benefit the public as a whole; this remains a requirement for exemption petitions, including §44807 exemptions.
  • Reduced Public Transparency – §927 waivers will not require FAA to give public notice of precedent-setting regulatory relief; this remains a requirement for exemptions, including §44807 exemptions.
  • No Public Comment Consideration – §927 waivers will not provide the opportunity for the public stakeholders to comment; exemptions, including §44807 exemptions, for precedent-setting regulatory relief require this and, critically, also require FAA to consider all received comments before issuing a decision.

§927 Waiver Eligibility 

The §927 waiver process is, by design and intent, significantly faster than the exemption process. Eligibility for this expedited process is determined by FAA on the grounds of safety, efficiency and enabling innovation. Consequently, applications for a §927 waiver must demonstrate alignment with one or more of the following four eligibility criteria:

  1. Minimal Impact – Are the proposed UAS operations time-limited, geographically constrained, or otherwise minimally intrusive to the extent that they would not significantly affect the public or other airspace users?
  2. High-Value, Limited Use Case – Are the proposed UAS operations limited to specific situations and provide an overwhelming benefit to members of the public when they are most vulnerable or in need?
  3. Emerging Use Case – Are innovative UAS technologies or types of operations proposed for which expedited relief would accelerate testing and safe commercialization in the domestic drone industry to meet the policy objectives of Executive Order 14307 (Unleashing American Drone Dominance – June 6, 2025)?
  4. Other Safety Considerations – Does the exemption process timeline allow for a decision before the operation commences with enough time to safely implement the anticipated conditions and limitations? Are there any other safety considerations that suggest a waiver to be more appropriate than an exemption?

Takeaways 

The implementation of the §927 waiver process will ostensibly not change the safety risk assessments conducted by FAA hitherto through the §44807 exemption process. The §44807 exemption pathway is also not changing. What the alternative §927 waiver process will change from the public stakeholder perspective is transparency and the ability to participate in the regulatory relief process; transparency will be degraded and FAA will not involve the public in decisions to grant relief through §927 waivers.

NAAA has engaged extensively with FAA over the years in submitting comments on §333 and §44807 exemptions for UAS operations which would negatively impact safety for ag pilots. While FAA has frequently disagreed with NAAA’s comments regarding the risks UAS pose to manned aerial application operations, the solicitation and consideration of public comments remain critical for informing FAA of safety issues, shaping conditions and limitations of relief and documenting industry support or opposition to requested relief.

Share this