Section 44807 exemptions

What Section 44807 is, and when you need it

Section 44807 lets the FAA decide, case by case and using a risk-based approach, whether a particular unmanned aircraft system can operate safely in the national airspace system. It replaced the older Section 333 authority in 2018. It allows the FAA to permit an operation without the airworthiness certificate or airman certificate that the general aviation rules would otherwise require. In deciding, the FAA weighs factors set by the statute: size, weight, speed and operational capability, proximity to airports and populated areas, flight over people, flight within or beyond visual line of sight, and day or night operation.

A Part 107 waiver can only relax the rules Part 107 lists as waivable. An exemption is the route when the operation sits outside Part 107 altogether or needs relief from a rule that cannot be waived. Typical cases:

• Aircraft of 55 pounds or more at takeoff (payload included), which fall outside Part 107 and are flown under Part 91
• Operations that break a non-waivable Part 107 rule, such as the 107.36 restriction on carrying hazardous material
• Agricultural spraying under Part 137 at any weight: lighter aircraft need relief from 107.36 and several Part 137 rules, heavier ones from rules in Parts 61, 91 and 137
• Complex operations such as package delivery or Part 135 work, which the FAA lists among proposals needing a full safety risk analysis

What the petition must contain

Exemptions follow the FAA's general rulemaking procedures in 14 CFR Part 11. Under section 11.81 a petition must give your name and mailing address, the specific sections you want relief from, the extent of relief and why you need it, why granting it is in the public interest, and why it would not adversely affect safety (or how it would provide at least an equivalent level of safety). It must also include a short summary the FAA can publish in the Federal Register, and explain why if you want to use the exemption outside the United States.

The FAA also asks 44807 petitioners to include the following, where relevant. It expects a safety risk analysis for complex proposals, including flight over or near people, BVLOS, multiple aircraft, operations from a moving vehicle, package delivery, Part 135 operations and high speeds.

• Concept of operations
• Operations manual, emergency procedures and checklists
• Maintenance manual
• Training program
• Flight history (hours, cycles, accidents)
• Safety risk analysis

Filing, timing and what happens after a grant

Petitions are filed on the public docket at regulations.gov (a signed paper copy to DOT Docket Operations is also accepted), and each petition gets its own docket number. The FAA gives the public notice of the request and a chance to comment. Its decision is emailed to you and placed in the public docket. The FAA asks for petitions at least 120 days before you need the exemption, or before an existing one expires if you want to extend it. Treat that as a filing deadline, not a turnaround time.

An exemption does not by itself give you airspace access. You then apply for a Certificate of Waiver or Authorization (COA) through the FAA's COA Application Processing System (CAPS), quoting the exemption number, the aircraft registration and the same petitioner name. The FAA issues a blanket COA to exemption holders, as appropriate, for flights at or below 400 feet in Class G airspace. Its conditions include visual meteorological conditions, set distances from airports, monthly reports of all flights (including months with none) and notifying the FAA within 24 hours of accidents and certain incidents. The exemption adds its own conditions and limitations on top.

Agricultural operators then apply for an Agricultural Aircraft Operator Certificate on FAA Form 8710-3, quoting the exemption number. The FAA has started checking that agricultural exemption holders comply with their conditions, and sends requests for information (such as the pilot's certificate number and each aircraft's registration). A petition can be closed if they go unanswered.

Section 927 waivers and Part 108: what is changing

Section 927 of the FAA Reauthorization Act of 2024 gave the FAA a second tool: waiving the relevant regulations instead of granting an exemption. The FAA's April 2026 notice says this complements exemptions rather than replacing them. The safety analysis and the resulting conditions are the same, but the applicant does not have to show a public benefit. The FAA considers it for operations with minimal public impact, high-value limited uses such as search and rescue, emerging technology, and cases where safety calls for more lead time. You must choose one pathway, and you cannot pursue both at once.

The FAA and the Transportation Security Administration (TSA) proposed a new Part 108 in August 2025 and reopened comments in January 2026. It would cover aircraft up to 1,320 pounds and allow routine BVLOS operations without waivers or exemptions. The FAA expects operations such as agricultural, package delivery, surveying and photography now flown under exemptions to move to Part 108 as those exemptions expire, while operations outside its scope could continue under their existing framework.

As of October 2026 no final Part 108 rule has been published in the Federal Register, so 44807 exemptions remain the main route for heavier aircraft and non-waivable operations. Check the Federal Register before you plan around Part 108.

What a consultant does, and what to ask before hiring

A consultant helps you decide whether you need an exemption, a Part 107 waiver or a Section 927 waiver, then builds the petition and its supporting documents, from the concept of operations to the safety risk analysis. They cannot grant an exemption or promise an outcome: the FAA decides. Operators can compare vetted consultants on DOC, where regulator experience is shown as verified only where it has been evidenced.

• Have you prepared 44807 petitions for aircraft and operations like ours, and how recently?
• Will you write the safety risk analysis, or review one we draft?
• How do you handle FAA requests for information and public comments on the docket?
• What will the conditions and limitations mean for our crew, records and monthly reporting?
• Will you also help with the follow-on steps, such as the COA or a Part 137 certificate?

Common mistakes

Petitions most often stall on missing detail or late filing. Watch for these:

• Applying for a Part 107 waiver for an aircraft of 55 pounds or more, which Part 107 does not cover
• Leaving out the public-interest argument or the Federal Register summary that 11.81 requires
• Filing less than 120 days before the work, with no time for questions
• Treating the exemption as permission to fly anywhere, when a COA is still needed for the airspace
• Not answering an FAA request for information, which can get the petition closed
• Flying outside the exemption's conditions once it is granted