Petition for Exemption or Rulemaking FAQ
A petition for exemption is a request by an individual or entity for relief from the requirements of a regulation in Title 14 of the Code of Federal Regulations (14 CFR). The FAA may grant an exemption if it is in public interest and provides an equivalent level of safety. See 49 U.S.C. § 44701(f) and 14 CFR § 11.81(e).
An exemption is a form of relief from a regulation found in Title 14 of the Code of Federal Regulations (14 CFR).
A regulation is a rule issued by a federal agency, such as the Federal Aviation Administration (FAA), to implement laws passed by Congress.
You should consider submitting a petition for exemption if you are unable to comply with the requirements of a regulation. A petition for exemption is a request to the FAA by an individual or entity requesting relief from the requirements of current regulations (14 CFR § 11.15).
You must meet the criteria found in Part 11 of Title 14 of the Code of Federal Regulations (14 CFR § 11.81). You must send a petition for exemption at least 120 days before you need the exemption to take effect or at least 120 days before your current exemption expires, if you wish to extend it (14 CFR § 11.63(d)). Your petition must include all of the following:
(a) Your name and mailing address and, if you wish, other contact information such as a fax number, telephone number, or e-mail address;
(b) The specific section or sections of 14 CFR from which you seek an exemption;
(c) The extent of relief you seek, and the reason you seek the relief;
(d) The reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole;
(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek the exemption;
(f) A summary we can publish in the Federal Register, stating:
I. The rule from which you seek the exemption; and
II. A brief description of the nature of the exemption you seek;
(g) Any additional information, views or arguments available to support your request; and
(h) If you want to exercise the privileges of your exemption outside the United States, the reason why you need to do so.
Please explain, in as much detail as possible, the nature and extent of each of the criteria above in your petition for exemption.
Submit your petition to the Federal Docket at Regulations.gov
Instructions on Filing a Petition to the FAA:
After submitting your petition on the Federal Docket, you will receive a tracking number. Enter the tracking number on Regulations.gov to locate your petition and its new docket. Please make note of the docket number as this is the number the FAA will use to refer to your petition request when contacting you. This docket is also, where the FAA will place all information relating to your petition request, including the FAA’s decision on your petition request.
See the Visual Aid on how to track your petition.
Certain regulations incorporate an avenue for relief by deviation or a waiver. If the regulatory text does not specify an alternative means of meeting the requirement, then relief may be possible by an exemption. For the requirements of an exemption, please see 14 CFR § 11.81.
Regulations subject to waivers can be found in Section 91.905 and Section 107.205 of Title 14 of the Code of Federal Regulations (14 CFR). See also, 14 CFR §§ 101.3 and 103.5. To file for a waiver, visit Certificate of Waiver or Authorization Application (FAA Form 7711-2).
Generally, the FAA may grant an exemption from a rule contained in Title 14 of the Code of Federal Regulations (14 CFR) but not from a statute. Statutes are laws passed by Congress. The FAA cannot grant exemptions from a rule that implements a statutory requirement. The FAA cannot grant an exemption from the following:
- FAA orders
- Guidance material
- Minimum equipment lists
- Operations specifications (OpSpecs)
- Policy memos
- Proposed regulations
- Public laws
- Sections of the United States Code (U.S.C.).
You can find previously granted exemptions using the Dynamic Regulatory System (DRS). DRS is a database that stores issued exemptions. You can search DRS by exemption number, docket number, petitioner name, company name, regulations, and more.
You may petition the FAA to amend an exemption, or the FAA may initiate an amendment on its own accord. An amendment is a modification to a previously granted exemption. Common examples of amendments are:
- Adding or removing an aircraft
- Changing a name
- Changing conditions and limitations
You may petition the FAA to reconsider your petition denial in a petition for reconsideration (14 CFR § 11.101). The FAA must receive your petition for reconsideration within 60 days after we issued the denial. Your petition for reconsideration must show the following:
- You have a significant additional fact and why you did not present it in your original petition;
- The FAA made an important factual error in the denial of your original petition; or
- The FAA did not correctly interpret a law, regulation, or precedent.
The Federal Register publishes rules, proposed rules, and notices from federal agencies. The FAA may decide to publish your petition for exemption in the Federal Register for public comment. The FAA typically allows 20 days for comments on a petition for exemption; however, the duration is at the discretion of the FAA. The information posted on the Federal Register includes:
- The docket number of the petition
- The citation to the rule(s) from which the petitioner requested relief
- The name of the petitioner
- The petitioner’s summary of the action requested and the reasons for requesting it
- A request for comments to assist the FAA in evaluation of the petition.
See 14 CFR § 11.85.