FAA Moves to Activate Section 927 Waiver Authority

In a much-anticipated Notice published on April 1, 2026, the FAA provided information on how it intends to apply Section 927 of the FAA Reauthorization Act of 2024. While the notice explains the FAA’s approach to granting regulatory relief for certain unmanned aircraft operations through waivers, rather than relying on traditional exemptions or new rulemaking, it does not constitute a formal request for public comments on the policy itself. Rather, it is a notification to the public of how it intends to use this fairly recent grant of authority from Congress. This new waiver pathway represents a significant opportunity for industry in that the FAA has a vastly nimbler way of enabling drone operations in the national airspace system (NAS) and signals a push to accelerate UAS innovation, even beyond the implementation of Part 108, published in an NPRM last year. 

Courtney Freeman wrote about this authority earlier this year for Liftoff, where she highlighted this authority and its significant potential. Now, the FAA appears ready to put it to work.

I. Section 927 Waivers vs. Exemptions vs. Regulatory Waivers: A Lot to Keep Track Of!

In its Notice, the FAA establishes the distinction between a Sec. 44807 exemption and a Sec. 927 waiver. Most notably, the FAA points out that when using the Sec. 927 waiver authority, the petitioner and the FAA are not required to show that the operation would benefit the public as a whole; that is, for Sec. 927 waivers, there is no public interest requirement. The Notice also clarifies that, although the safety standard in Sec. 927 is that operations be consistent with aviation safety, the FAA will use the safety standard it uses for exemptions to analyze the petitioner’s safety case – that operations under the waiver would not adversely affect safety or would provide a level of safety equal to the rule.

Another key distinction noted by the FAA is that Sec. 927 authorizes the FAA to issue waivers from any regulation, irrespective of whether the regulation is already authorized to be waived by 14 CFR 91.905. This is a significant grant of authority for the FAA. Up until now, the FAA had generally applied the exemption process for UAS operations because not all applicable regulations were subject to waiver under § 91.905 and therefore waivers were not a complete solution for UAS operations. Sec. 927 provides a comprehensive path forward to quickly enable UAS operations without sacrificing a robust safety analysis.

II. The Four Eligibility Considerations

The Notice proposes four factors that the FAA will consider when determining Section 927 waiver eligibility. Interestingly, each factor appears to be independently sufficient. As the FAA acknowledges, “some scenarios could present all four considerations, while others could present just one,” indicating that satisfying just one factor can suffice for qualification.

1. Minimal Impact – Operations with minimal public impact or that are unlikely to garner significant public interest (e.g., closed testing environments, limited-scope equipment tests). This would likely involve scenarios where a large company with a proven safety track record is conducting experimental operations to further develop their UA. This could be particularly impactful once Part 108 is implemented as a tool for non-manufacturers to improve their UA.

2. High-Value, Limited Use Case – Infrequent operations providing important societal benefits, such as disaster relief, first responder, or search and rescue missions. This could be useful in quickly permitting, for example, wildfire mitigation operations.

3. Emerging Use Case – Operations involving new technologies or types of operations without precedent, supporting U.S.-based innovation and drone dominance (citing Executive Order 14307).  

4. Other Safety Considerations – Situations where the waiver process would contribute to a better safety outcome, such as when operators need significant lead time to prepare for complex operations.   

The FAA acknowledged that several of the eligibility criteria are nuanced and as a result, outside of the more specific “Emerging Use Cases,” they have provided lists of relevant questions applicants should consider when determining if one or more of the criteria would be applicable to an operation. 

The FAA also acknowledges that it cannot foresee every possible scenario, signaling an openness to consider unforeseen circumstances as technology evolves. This is unusual for the agency, which traditionally relies on rigid rules and prescriptive criteria, making this flexibility particularly beneficial for accommodating innovations and emerging use cases.

III. How to Apply

The application should be prepared to provide a “robust explanation of why the request for regulatory relief is eligible for the Section 927 waiver,” describing specific aspects of the proposed operation that align with one or more of the eligibility criteria discussed above and supported by facts, data, or examples. The applicant should also identify the specific regulations from which the applicant seeks relief and provide a well-documented safety case to support the request.  

Applicants should also ensure their application contains all relevant supporting documentation, such as a Concept of Operations, Operations Manual, Emergency Procedures, Training Program, Flight History, and a Safety Risk Analysis, among other materials. The FAA conducts its own safety risk analysis and may require applicants to submit one as well. To avoid processing delays, the applicant should clearly describe the extent of relief requested, explain why granting the waiver would not adversely affect safety, and demonstrate how the request meets the requirements of § 44807(b), including how the USA does not create a hazard to users of the NAS as a result of their “size, weight, speed, operational capability, proximity to airports and populated areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night.” 

Notably, applicants cannot simultaneously pursue an exemption and a Section 927 waiver. If an applicant has already pursued an exemption, they may withdraw that exemption and apply for the waiver instead, but the 927 waiver will not receive priority or expedited treatment as a result of the withdrawal. Helpfully, the FAA will provide an initial response on whether or not waiver authority is the appropriate path for the operation prior to providing a more fulsome response.

IV. Key Takeaways and Practical Implications

The Notice aligns with the broader federal policy goals of accelerating U.S. drone dominance and innovation.

The Section 927 waiver has the potential to significantly streamline regulatory approval pathways and could meaningfully reduce timelines and procedural burdens for UAS operators. This will be particularly impactful for emerging technology companies, public safety operators, and those conducting limited-scope testing. 

Early alignment with one or more of these categories can materially improve the likelihood of an efficient approval process. From a practical standpoint, UAS operators should evaluate whether their planned operations fit within one or more of the four eligibility criteria and prepare applications accordingly. Operators may find it helpful to consult experienced aviation counsel to navigate eligibility criteria and ensure a well-supported safety case. 

About Our Authors

Courtney Freeman and Tyler Conklin are leading members of the Adams & Reese Aviation & Aerospace Team. Prior to joining Adams & Reese, Courtney was recently a senior member of the Office of the Chief Counsel at the FAA, where she led the teams that provided the legal architecture for emerging aviation technologies, including drone operations, Advanced Air Mobility (AAM), and other initiatives. Tyler formerly served as in-house counsel at Atlas Air, Inc., where she was the legal focal point for the Flight Operations Department of the leading international cargo airline.

Tyler and Courtney’s prior experience affords direct insight into complex legal, operational, and commercial issues, which they apply to help clients navigate risks, solve problems, and capitalize on opportunities.

FOOTNOTES

1. Implementing Section 927 Waiver Process for Certain Unmanned Aircraft Operations, 91 FR 16276, April 1, 2026, available here.
2. Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations Notice of Proposed Rulemaking, 90 FR 38212, August 7, 2025, available here.