Drone exemptions are the federal mechanisms that let operators fly outside the standard rules or, in the case of hardware, keep selling drones that would otherwise be barred from the U.S. market. Most exemptions come from the Federal Aviation Administration and cover how you fly: waivers from Part 107, category-based approvals for flights over people, statutory authorizations for larger or more complex operations, and a separate carve-out for hobbyists. A newer layer comes from the Federal Communications Commission, which now controls which foreign-made drones can receive equipment authorization. Which pathway you use depends on your aircraft, your operation, and who you are.
Part 107 Waivers for Commercial Operators
Part 107 is the FAA’s core rulebook for commercial drones under 55 pounds. It sets defaults on altitude, speed, night flight, line of sight, and where you can operate. Under 14 CFR § 107.205, you can apply for a waiver from specific provisions if you can show you will maintain an equivalent level of safety by other means.
The provisions eligible for a waiver are:
- § 107.25, operation from a moving vehicle or aircraft in populated areas
- § 107.29, night operations without anti-collision lighting
- § 107.31, beyond visual line of sight (BVLOS) operations
- § 107.33, visual observer requirements
- § 107.35, operating multiple drones simultaneously
- § 107.37(a), yielding the right of way
- § 107.39, operations over people not covered by the standard categories
- § 107.41, operations in controlled airspace
- § 107.51, speed above 100 mph, altitude above 400 feet, or reduced visibility and cloud clearance
- § 107.145, operations over moving vehicles
A waiver application has to spell out the operation’s location, altitude, airspace, aircraft, crew qualifications, and the specific risks with concrete mitigations. The FAA rejects applications that fail to identify hazards or propose meaningful ways to address them.1FAA. Part 107 Waivers
How to Apply
New waiver applications go through the FAA’s Aviation Safety Hub. Applications submitted earlier are still being processed through the older FAA DroneZone system, and airspace authorizations (separate from operational waivers) also stay in DroneZone. You don’t need to register your drone to apply, but registration is required before you actually fly.1FAA. Part 107 Waivers
The FAA targets 90 days for review, and complex applications take longer. If the agency asks follow-up questions through a Request for Information, you have 30 days to respond. Miss the deadline and the application is cancelled; you start over.1FAA. Part 107 Waivers
Approval Odds
Approvals have picked up considerably. In 2024 the FAA approved 809 Part 107 waivers, a 256% increase over 2023, and the estimated approval rate rose from about 9% to 19%. BVLOS accounted for roughly a quarter of the 2024 total, with 203 approvals. As of March 2025, active BVLOS waivers exist in 46 states across 39 industries.2Inside Unmanned Systems. FAA Data Confirms What the Drone Industry Already Knows: BVLOS Rulemaking Is Urgently Needed
Flying Over People Without a Waiver
A 2021 final rule replaced the individual-waiver requirement for operations over uninvolved people with a four-category framework scaled by risk. If your operation fits a category, you don’t need a § 107.39 waiver.3FAA. Operations Over People
- Category 1 covers drones weighing 0.55 pounds or less with no exposed rotating parts that could lacerate skin.
- Category 2 covers heavier drones without a traditional airworthiness certificate, qualified through performance-based testing showing limited injury potential.
- Category 3 is similar to Category 2 but adds operational restrictions: no flight over open-air assemblies, and flights must stay within closed or restricted-access sites unless the people below are participants, under cover, or inside a vehicle.
- Category 4 covers drones with a Part 21 airworthiness certificate, provided the approved flight manual doesn’t prohibit operations over people.
For Categories 1, 2, and 4, sustained flight over open-air assemblies requires compliance with Remote ID broadcast rules. Operations that don’t fit any of the four categories still need a § 107.39 or § 107.145 waiver.3FAA. Operations Over People
Section 44807 Exemptions for Aircraft Beyond Part 107
Part 107 stops at 55 pounds. For larger drones, or for operations that Part 107 waivers alone can’t authorize, the FAA uses 49 U.S.C. § 44807 to grant case-by-case, risk-based authorizations.4FAA. Section 44807
Section 44807 replaced the earlier Section 333 exemption program, which the FAA had used from 2014 until Part 107 took effect in 2016. The 2018 FAA Reauthorization Act formally repealed Section 333 and replaced it with Section 44807.5FAA. Section 44807 Authorizations Granted
A 44807 petition requires extensive documentation: a concept of operations, operations and maintenance manuals, emergency procedures, a training program, flight history, and a safety risk analysis for complex profiles like BVLOS flight, operations over people, package delivery, or high-speed flight. Once you have the exemption, you still need a Certificate of Waiver or Authorization (COA) for the specific flights you plan to run.4FAA. Section 44807
Section 927 Waivers
The 2024 FAA Reauthorization Act added Section 927 waivers as an alternative. They cover similar ground to 44807 exemptions but don’t require the petitioner to show that the relief benefits the public at large, and they skip the notice-and-comment period that exemptions require. The FAA applies the same safety standard to both. Section 927 is aimed at operations that are time-limited or geographically constrained, high-value but infrequent missions like disaster relief, or emerging technologies that need iterative authorization. Applicants must pick one pathway; you can’t pursue both at once.6GovInfo. Section 927 Waiver and Exemption Guidance
Agricultural Spray Drones
Drones that spray crops or dispense other chemicals need extra exemptions because they carry hazardous materials. If the aircraft is under 55 pounds and you’re operating under Part 107, you need an exemption from § 107.36 (which prohibits carrying hazardous material) plus exemptions from several Part 137 agricultural aircraft regulations. Spray drones weighing 55 pounds or more operate under Parts 91 and 137 and need a different set of exemptions.7FAA. Dispensing Chemicals
Petitions have to be filed through the Federal Docket Management System at least 120 days before you want to start operating. After the exemption is granted, you apply for an Agricultural Aircraft Operator Certificate. Texas manufacturer Hylio is one of the more prominent recipients, holding authorization to run swarms of aircraft at 55 pounds or more, including at night.8Farm Policy News. FAA Exemption Expands Drone Use in Ag
Public Safety and Emergency Authorizations
Police, fire, and other public safety agencies have their own routes. For routine operations, they can apply for Part 107 waivers through the Aviation Safety Hub or, if they’re operating as public aircraft, submit FAA Form 7711-2 for authorization under Part 91.9FAA. Public Safety Toolkit
For actual emergencies, the FAA runs an expedited process called Special Governmental Interest (SGI) authorization. Agencies submit through the TSA/FAA Waiver and Airspace Access Program, choosing “Part 107 Special Government Interest” as the request type. For genuinely time-critical situations, agencies can call the FAA’s System Operations Support Center for real-time authorization. Visual line of sight approvals can come through in minutes; BVLOS emergency authorizations take longer and typically require a Temporary Flight Restriction. Eligible operations include firefighting, search and rescue, law enforcement, critical infrastructure restoration, and disaster damage assessments.10FAA. Emergency Situations
The Recreational Flyer Exemption
Hobbyists are exempt from Part 107 entirely under 49 U.S.C. § 44809. You can fly without a remote pilot certificate if you meet every condition: flying solely for personal enjoyment, passing the Recreational UAS Safety Test (TRUST), following the safety guidelines of an FAA-recognized Community-Based Organization, keeping the aircraft within visual line of sight, and staying below 400 feet in uncontrolled airspace. In controlled airspace near airports, you need prior FAA authorization through LAANC or DroneZone. Drones at 250 grams or more must be registered, and as of September 2023, they must broadcast Remote ID information unless flown within a designated identification area.11FAA. Recreational Flyers
Package Delivery Certificates
Package delivery is not run through the exemption process; it runs through Part 135 air carrier certification. The FAA has issued Part 135 certificates to eight companies, starting with Wing Aviation in April 2019. UPS Flight Forward received the first standard Part 135 certificate, and Amazon Prime Air became the first to operate a drone over 55 pounds under Part 135. Zipline, Causey Aviation Unmanned, DroneUp, Drone Express, and MAA (doing business as Direct2) round out the list, with operations across Virginia, North Carolina, Oregon, Texas, Ohio, and California. As of mid-2026, the Matternet M2 is still the only delivery drone to have received a standard FAA type certificate.12FAA. Package Delivery Drone13Matternet. Our System Certification
FCC Exemptions From the Foreign Drone Ban
The newest exemption layer isn’t about how you fly. It’s about which drones can legally reach the U.S. market. On December 22, 2025, the FCC added all foreign-produced drones and their critical components to its Covered List, which effectively bars new models from receiving FCC equipment authorization.14FCC. FCC Covered List Update The action carries out Section 1709 of the FY2025 National Defense Authorization Act, which directed the FCC to restrict equipment from manufacturers deemed to pose unacceptable national security risks.15FCC. Covered List FAQs – UAS
The ban is not absolute. The FCC set up two class exemptions, effective through January 1, 2027. One covers drones and components on the Defense Contract Management Agency’s Blue UAS Cleared List, which includes over 39 approved platforms and more than 165 critical components that have passed evaluations for cybersecurity, data handling, and supply chain integrity.15FCC. Covered List FAQs – UAS The other covers products that qualify as domestic end products under the Buy American standard, meaning U.S.-manufactured with domestic components exceeding 65% of total cost through 2028, rising to 75% from 2029 onward.16FCC. FCC Covered List Exemptions
The restriction applies only to new equipment authorizations. Drone models previously authorized can still be sold, imported, and used, and drones made exclusively for federal government use are generally exempt because they don’t need FCC equipment authorization.14FCC. FCC Covered List Update
Individual Conditional Approvals
Manufacturers whose products don’t fit either class exemption can apply for individual Conditional Approvals. They file documentation with the FCC, which forwards the application to the Department of War and the Department of Homeland Security for evaluation. Applicants have to disclose corporate structure, manufacturing details, and supply chain origins, and submit a plan for onshoring production of critical components. Approvals are discretionary, based on individualized risk assessments, and last up to 12 months.15FCC. Covered List FAQs – UAS
The FCC issued its first Conditional Approvals on March 17, 2026. Recipients so far include the SiFly Aviation Q12, Mobilicom SkyHopper series, ScoutDI Scout 137, Verge X1, Sees.ai v.USA. 1.0, the Air6 Systems AIR series, and the Elevon Aerial Z30, Z50, and Z80. In May 2026, additional approvals went to Blueflite’s Cobalt 461, Verity AG’s Series 4 Indoor Autonomous Inventory System, and Air VEV’s 120C and 060C aircraft. All Conditional Approvals run through December 31, 2026.17Dronelife. FCC Drone Exemption List: Blueflite, Verity, Air VEV
Green UAS as a Path to Blue
Manufacturers aiming for the Blue UAS Cleared List can use AUVSI’s Green UAS certification as a recognized pathway. Launched in February 2023, the program evaluates products across corporate cyber hygiene, product and device security, remote operations and connectivity, and supply chain risk management. As of July 2025, the Defense Innovation Unit officially recognizes Green UAS as an authorized route to Blue UAS Cleared status.18AUVSI. Green UAS Certified platforms include drones from Skyfront, Hoverfly, Inspired Flight, Ascent Aerosystems, AgEagle, Wingtra, Freefly Systems, Vantage Robotics, American Robotics, Hylio, and Quantum Systems, among others.19AUVSI. Green UAS Cleared List
State and Local Rules Sit Alongside Federal Exemptions
Exemptions from flight rules and equipment restrictions come from the federal government. States can’t grant them. At least 44 states have drone laws on the books, but the FAA’s position is that aviation safety and airspace use are its exclusive territory, and state or local rules that try to regulate those areas are preempted. Designating aerial routes, mandating geofencing, or setting up separate licensing regimes would likely cross that line.20FAA. Drone Integration Concept of Operations
What states and localities can do is regulate matters outside aviation safety: land use rules on where you take off and land, privacy protections, and criminal laws targeting voyeurism, trespass, or delivery of contraband to prisons. Several states have written their own carve-outs for law enforcement and first responders. Florida authorizes drone use for damage assessment after declared emergencies and for traffic management. Tennessee permits warrantless law enforcement drone use at public events, natural disasters, and crime scenes. Virginia lets localities regulate takeoff and landing on their own property.21NCSL. Current Unmanned Aircraft State Law Landscape A federal exemption doesn’t override those laws; check them before you fly.