FAA implements section 927 waiver process for certain drone operations

Legislative and regulatory background

Section 927 was enacted as part of the FAA Reauthorization Act of 2024 to provide the FAA with flexibility to grant regulatory relief for certain expanded drone operations through waivers rather than exemptions.¹ The new waiver authority builds on earlier statutory mechanisms Congress has used to facilitate UAS integration, including Section 333 of the FAA Modernization and Reform Act of 2012,² which was ultimately codified as Section 44807 of Title 49 of the United States Code.³ That framework allows the FAA to approve certain UAS operations without issuing traditional airworthiness or airman certificates, regulations that were written for manned aircraft and do not necessarily address drone-specific safety requirements. The FAA has typically exercised this authority by issuing exemptions after an operational safety evaluation.

During consideration of the 2024 FAA Reauthorization Act, industry stakeholders engaged with Congress on mechanisms to streamline regulatory relief for UAS operations to better integrate the technology into the National Airspace System (NAS). Hogan Lovells client the Commercial Drone Alliance (CDA) served as a primary industry advocate supporting inclusion of the Section 927 waiver authority in the statute. The Notice reflects the culmination of the reauthorization process, translating statutory authority developed with input from industry stakeholders into an administrative framework for regulatory relief.

Section 927 waivers compared to exemptions

In the Notice, the FAA emphasizes that Section 927 waivers and exemptions are parallel and complementary pathways. Both remain available to UAS operators, and both are evaluated using the same safety based analytical framework. Unlike exemptions, however, Section 927 waivers will not require petitioners to demonstrate a public benefit or go through a public notice and comment process. This distinction is designed to allow Section 927 waivers to be evaluated and approved more quickly, representing a streamlined pathway for companies taking this approach.

How the FAA may use the section 927 waiver process

The FAA has identified four non-exclusive considerations it will use when determining whether the Section 927 waiver pathway is appropriate:

1. Minimal Impact: Operations that are time limited, geographically constrained, or unlikely to affect public stakeholders or other airspace users, particularly where public input would be unlikely to inform the FAA’s decision.
2. High Value, Limited Use Cases: Infrequent operations that provide significant societal benefits, such as disaster response, search and rescue, and other public safety missions.
3. Emerging Use Cases: Operations involving new technologies or novel concepts of operation that lack established regulatory precedent, particularly where an iterative authorization approach may allow the FAA to evaluate safety while accommodating early‑stage development and testing. The FAA notes that this approach is consistent with broader Executive Branch policy, including the “Unleashing American Drone Dominance” Executive Order, which emphasizes support for industry‑led, U.S.‑based emerging technology innovation.
4. Other Safety Considerations: Circumstances in which safety considerations—such as the need for additional lead time to prepare for complex or higher‑risk activity—may favor the Section 927 waiver process over an exemption by allowing additional time to implement required safeguards.

How to submit a section 927 waiver request

Applicants seeking a Section 927 waiver may submit a request directly by email to [email protected]. The FAA recommends that requests contain, at a minimum, the following information:

• A description of the scope and purpose of the requested relief;
• A well documented safety case demonstrating how the operation will not adversely affect safety;
• Information addressing statutory considerations such as aircraft size, weight, speed, operational environment, proximity to airports and populated areas, operations over people, and operations beyond visual line of sight (BVLOS); and
• Supporting materials such as a concept of operations (CONOPS), operations manuals, emergency procedures, training programs, maintenance documentation, flight history, and safety risk analyses.

The FAA will provide applicants with an initial response indicating whether the request is appropriate for the Section 927 waiver pathway. If the FAA determines the request is not eligible, it may direct the applicant to another regulatory relief mechanism. The FAA notes that applicants cannot pursue an exemption and a Section 927 waiver simultaneously.

Authored by Lisa Ellman, Liz Forro, and Hanson Causbie.