FAA Waivers and Exemptions: How to Apply

The Federal Aviation Administration provides two formal legal mechanisms — waivers and exemptions — that allow certificate holders, operators, and applicants to operate outside the strict boundaries of a specific Federal Aviation Regulation when full compliance is impractical or impossible. Understanding the distinction between these pathways, the procedural steps each requires, and the criteria the FAA applies when granting or denying requests is essential for any operator navigating non-standard operations. This page covers both mechanisms, the application process, and the decision criteria the agency uses to evaluate submissions.

Definition and Scope

A waiver is an FAA authorization that permits a specific operation to deviate from a regulation for a defined period, location, or condition. Waivers are generally temporary, operationally scoped, and revocable. They do not change the underlying rule — they suspend its application for a named party under named conditions.

An exemption is a broader relief mechanism granted under 49 U.S.C. § 40109, which authorizes the FAA to relieve any person from a requirement of a regulation if doing so is in the public interest and consistent with aviation safety. Unlike a waiver, an exemption can establish an ongoing authorization applicable to a class of operators or operations, and exemptions are published in the Federal Register as public record.

The scope of each tool differs significantly:

• Waivers are typically narrow — a specific Part 91 pilot deviating from a visibility minimum, or a drone operator receiving a waiver under 14 CFR Part 107 to fly over people.
• Exemptions can address structural gaps in regulatory frameworks — for example, an air carrier seeking relief from an equipment mandate not yet technically feasible for its fleet type.

Drone operations under Part 107 represent the highest-volume waiver category processed by the FAA. The agency's DroneZone portal is the designated submission platform for Part 107 waivers. Exemption petitions for manned aviation are submitted through the FAA's Regulations.gov docket system.

How It Works

The application process for each pathway follows distinct procedural tracks.

For a Part 107 Waiver (UAS operations):

1. Log into the FAA DroneZone portal and select "Apply for a Part 107 Waiver."
2. Identify the specific regulatory provision to be waived (e.g., § 107.29 for nighttime operations prior to rule amendment, or § 107.35 for operation of multiple small unmanned aircraft systems).
3. Submit a safety case narrative describing the operation, the risk mitigation measures in place, and how equivalent safety to the regulatory standard will be maintained.
4. Provide operational details: location, altitude, duration, equipment specifications, and crew qualifications.
5. Await FAA review; processing times vary but the agency targets 90 days for most Part 107 waiver requests (FAA UAS Waiver Policy).

For a Regulatory Exemption (manned aviation or structural relief):

1. File a petition for exemption via Regulations.gov, addressed to the FAA Office of Rulemaking (ARM-1).
2. Identify the specific 14 CFR provision at issue and articulate the public interest basis for relief.
3. Demonstrate that the exemption does not reduce safety below the level the regulation was designed to ensure — or provide equivalent safety through alternative means.
4. The FAA publishes the petition in the Federal Register, opens a public comment period (typically 30 days), and issues a final order granting or denying the exemption.

Both pathways require applicants to cite the exact regulatory citation and provide a written safety justification — vague or conclusory submissions are routinely denied.

Common Scenarios

The FAA processes waiver and exemption requests across a wide range of operational categories. The most frequently encountered include:

• Part 107 waivers for BVLOS (beyond visual line of sight) operations — operators of unmanned aircraft systems seeking authorization to fly beyond the 14 CFR § 107.31 visual line of sight requirement must demonstrate detect-and-avoid capability through technology, procedures, or dedicated visual observers.
• Part 107 waivers for operations over moving vehicles or people — relevant to infrastructure inspection, news gathering, and film production contexts.
• Exemptions for experimental aircraft in commercial operations — operators of aircraft certificated under 14 CFR Part 21 experimental categories seeking relief from air carrier rules.
• Exemptions from medical certificate requirements — petitions for relief from FAA medical certificate requirements for specific pilot categories, sometimes pursued before BasicMed provisions were codified.
• Waivers for airspace and altitude restrictions — operators seeking to exceed altitude limits in controlled airspace, coordinated through ATC and tied to FAA airspace classification protocols.

Decision Boundaries

The FAA applies a consistent analytical standard when evaluating both waivers and exemptions: the proposed operation must not reduce safety below the level intended by the regulation being waived or exempted.

Waivers are more likely to be approved when:
- The applicant provides specific, documented mitigation for each identified risk element.
- The operation is geographically and temporally bounded.
- The applicant has prior compliance history with no enforcement record under FAA enforcement actions.
- Third-party risk (risk to non-participants on the ground or in the air) is quantifiably reduced through procedural controls.

Exemptions face higher scrutiny because their effect is systemic rather than operational. The FAA's Office of Rulemaking requires petitioners to demonstrate public interest — not merely private convenience — and to address safety equivalency in technical detail. An exemption that benefits a single operator without broader industry application is less likely to succeed on public interest grounds.

Denials are most common when:
- The safety case narrative is generic rather than operation-specific.
- The applicant cannot demonstrate familiarity with the regulation being waived.
- The proposed mitigation relies on unproven technology without documented testing data.
- The request conflicts with existing FAA safety regulations in ways the petitioner does not address.

Operators denied a waiver may reapply with a revised safety case. Exemption denials are published in the Federal Register and can be appealed through the FAA's administrative review process. For a broader understanding of how waivers and exemptions fit within the full regulatory structure, the FAA authority overview provides foundational context on the agency's rulemaking and enforcement mandate.