Section 44807 UAS Exemptions

AIM ¶ 11-3-2 — Section 44807 UAS Exemptions

AIM 11-3-2 explains 49 USC 44807 exemptions allowing certain UAS (often 55+ lbs) to operate in the NAS without standard airworthiness certification.

In Plain English

AIM 11-3-2 describes how civil drone operators can get permission to fly Unmanned Aircraft Systems (UAS) in the National Airspace System without the airworthiness certificate normally required. Under 49 USC 44807 (Public Law 115-254), the Secretary of Transportation can use a risk-based approach to decide whether airworthiness certification is required.

This exemption pathway is typically used by civil (non-public) operators flying drones that weigh 55 pounds or more, since those aircraft are too heavy for 14 CFR Part 107.

Common activities granted under Section 44807 include:

Closed-set motion picture and television filming
Agricultural survey and spraying (also requires a Part 137 certificate)
Aerial photography
Land survey and inspection
Inspection of structures
Search and Rescue (SAR) operations

To apply, operators petition the FAA for exemption under 14 CFR Part 11, submitting the application through the public docket at regulations.gov. The FAA reviews the petition and may issue a grant of exemption with conditions tailored to ensure safe operation.

AIM Source Text

FAA AIM ¶ 11-3-2

11-3-2. 11-3-2. Exemptions Under 49 USC 44807, Special Authority for Certain Unmanned Systems Exemptions are granted to UAS operations which are permitted in accordance with Public Law 115-254, 49 USC 44807, Special Authority for Certain Unmanned Aircraft Systems. The Secretary of Transportation has determined that certain UAS are eligible to operate in the NAS without possessing the airworthiness certification normally required under 49 USC 44807. 49 USC 44807 permits the FAA to use a risk-based approach to determine whether an airworthiness certificate is required for a UAS to operate. Exemptions are generally requested by civil (non-public) UAS operators who fly UAS weighing 55 pounds or more, and thus cannot fly under 14 CFR part 107. For civil UAS operations conducted under 49 USC 44807 of PL 115-254, the Secretary has determined that specific requirements necessary for safe operation can often be addressed in the form of grants of exemption(s). Operators who desire this regulatory relief must petition the FAA for exemption in accordance with 14 CFR part 11 and the guidance provided on the FAA's Section 44807, Special Authority for Certain Unmanned Systems website. Examples of petitions that have been granted to conduct civil UAS operations include the following activities: Closed-set motion picture and television filming. Agricultural survey and spraying. Aerial photography. Land survey and inspection. Inspection of structures. Search and Rescue (SAR) operations. NOTE- Civil agricultural spraying operations will also require a 14 CFR part 137 certificate; see paragraph 11-4-5 , Airspace Access for 14 CFR part 135 and 14 CFR part 137. Exemption Application. Petitioners seeking a grant of exemption should fill out an online application on the public docket located on the FAA's regulations.gov website. REFERENCE- 49 USC 44807, Special Authority for Certain Unmanned Aircraft Systems. NOTE- The FAA's Section 44807: Special Authority for Certain Unmanned Systems website may be reviewed at: https://www.faa.gov/uas/advanced_operations/certification/section_44807/ . The FAA's Regulations.gov website may be reviewed at: https://www.faa.gov/regulations_policies/faa_regulations .

Oral Exam Questions a DPE Might Ask

Q1What is 49 USC 44807 and who typically uses it?

Per AIM 11-3-2, 49 USC 44807 (Special Authority for Certain Unmanned Aircraft Systems) lets the FAA use a risk-based approach to decide whether a UAS needs an airworthiness certificate. It's generally used by civil (non-public) operators flying UAS weighing 55 pounds or more, who therefore cannot operate under 14 CFR Part 107.

Q2Give examples of UAS operations that have been granted exemptions under Section 44807.

Per AIM 11-3-2, examples include closed-set motion picture and television filming, agricultural survey and spraying, aerial photography, land survey and inspection, inspection of structures, and Search and Rescue (SAR) operations.

Q3How does an operator apply for a Section 44807 exemption, and is anything else required for agricultural spraying?

Per AIM 11-3-2, operators petition the FAA for exemption in accordance with 14 CFR Part 11 by filing an online application in the public docket on regulations.gov. Civil agricultural spraying operations also require a 14 CFR Part 137 certificate.

Related Paragraphs in AIM Chapter 11

¶ 11-3-1

Large Public UAS Operations

¶ 11-3-3

Large UAS Civil Operations

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