How to Obtain a Public Safety Part 91 BVLOS Waiver
Published 06/12/2025
The Skydio Regulatory Team has developed this guide to help public safety agencies navigate the FAA process to obtain a Part 91 Beyond Visual Line of Sight (BVLOS) waiver for conducting public safety operations including Drone as First Responder (DFR).
Background
Many public safety agencies and other government entities have a unique ability to conduct drone operations under two sets of Federal Aviation Administration (FAA) regulations:
Part 107
FAA regulations for small, unmanned aircraft operations other than recreational flying
Part 91 as a Public Aircraft Operator (PAO) with a Certificate of Authorization or Waiver (COA / COW)
FAA regulations for general operations and flight rules (crewed and uncrewed aircraft)
As long as they meet the requirements of each Part, public safety agencies select which set of regulations to operate under on a flight-by-flight basis.
Why should I operate under Part 107?
For public safety agencies just starting a drone program, Skydio recommends conducting operations under Part 107 initially. Operating under Part 107 is more straightforward than operating under Part 91 with a COA / COW and can accommodate a range of Visual Line of Sight public safety use cases including:
Incident overwatch
Crime scene reconstruction
Search and rescue
Each individual that the agency has designated to fly drones must acquire their FAA Remote Pilot Certificate. This is done by studying for and passing an FAA Written Exam. The individual must also operate a drone that has been registered with the FAA.
Why should I operate under Part 91?
For public safety agencies ready for more advanced operations, including operating Beyond Visual Line of Sight and operating over human beings, Skydio recommends operations under Part 91. However, this requires an agency to go through the process of determining eligibility and acquiring a Part 91 COA or COW.
There are multiple types of COA/CoWs an agency can acquire, but Skydio recommends pursuing the new Part 91 BVLOS waiver which allows both visual line of sight operations and beyond visual line of sight operations across your jurisdiction.
Brief Comparison
The following table is a short summary of some key differences between Part 107 and Part 91.
Part 91 BVLOS Waiver Process Overview
The rest of this guide is about acquiring a Part 91 BVLOS Certificate of Waiver (CoW) that enables DFR operations where the Pilot in Command remotely operates X10 or other qualified small unmanned aircraft with no visual observers.
NOTE: Additional detail coming soon on enabling routine BVLOS operations above UAS Facility Map altitudes.
Step 1: Determine Eligibility
To be eligible for this Part 91 BVLOS CoW, public safety agencies must be eligible to conduct operations as a Public Aircraft Operator (PAO) and the public safety agency must meet the definition of a Public Safety Organization (PSO).
Public Aircraft Operator
The public safety agency should evaluate if it meets any of the following per 49 USC § 40102(a)(41):
An aircraft used only for the United States Government
An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration
An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments
An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments
Additionally, the agency may not conduct operations as a PAO for commercial purposes as defined in 49 USC § 40125(a)(1).
Public Safety Organization
Public safety agencies pursuing this type of Part 91 BVLOS CoW must also meet the definition of a PSO per Public Law per 49 USC 44806(e). In this section, PSO means a public safety organization that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.
If you’re a public safety agency that is eligible for PAO, but not strictly a PSO, you may still be eligible for a Part 91 BVLOS CoW. Please reach out to Skydio at aviation_regulatory@skydio.com to discuss your options.
Step 2: Request Part 91 BVLOS Certificate of Waiver
Select Concept of Operation for BVLOS without Visual Observers
There are two Concepts of Operation for conducting BVLOS without Visual Observer operations. The FAA’s default approval is for Concept #1 – Shielded Operations for DFR and each agency has the option to additionally request Concept #2 by deploying additional airspace awareness technology for FAA review. The following table outlines the two concepts and 3 key differences between them:
Develop FAA request documentation
The agency must submit a set of documents to the FAA as follows:
FAA Form 7711-2
PSO Letter
PAO-PSO 91 BVLOS Waiver Checklist
Concept of Operation
[To operate above 200’ AGL] CMD-DAA document
The following sections detail how to get familiar with the proposed operation and fill out the necessary documents.
FAA Form 7711-2
Form 7711-2 is an FAA form for applicants requesting a Certificate of Waiver or Authorization. The form is available here.
The FAA has also developed a guide for filling the Form 7711-2 out for this specific type of request. This guide is included in the set of documents you can request from Skydio.
PAO - PSO Letter
The public safety agency must declare that they are eligible for PAO and meet the definition of a PSO with a written declaration letter. The letter should:
Include contact information for the agency and the Responsible Person,
State the agency’s name,
State the agency is a part of a political subdivision and meets the statutory definition of Public Aircraft in in 49 USC 40102(a)(41),
State the agency meets the definition of Public Safety Organization per 49 USC 44806(e),
Provide examples of the types of public safety missions the agency conducts
Be signed by the agency’s Responsible Person
The FAA has developed a template for this letter, send an email to aviation_regulatory@skydio.com to receive all forms and templates associated with this waiver request.
If you’re an agency that is eligible for PAO, but not strictly a PSO, you may still qualify for this waiver. Please reach out to Skydio at aviation_regulatory@skydio.com to discuss your options.
PAO-PSO 91 BVLOS Waiver Checklist
The public safety agency must complete an applicant self-select checklist developed by the FAA to increase the likelihood of submitting a satisfactory safety case. There are two versions of this checklist – one for requesting Concept #1 – Shielded Operations for DFR (200’) and one for requesting Concept #2 – 400’ Non Shielded Operations (400’). The Responsible Person should select the appropriate checklist, carefully review each provision, and initial the box next to it to indicate the agency’s agreement to operate under the stated provision, and sign the checklist.
The notes below provide additional detail and clarification on 5 checklist items:
Concept of Operation
Item #3 of the PAO-PSO 91 BVLOS Waiver Checklist asks for a complete description of the proposed operation. Skydio recommends providing this description in the form of a Concept of Operation document. The Concept of Operation document should contain the following information:
Flight Area / jurisdiction
Information about the small, unmanned aircraft
Information about flight crew qualifications and training
Information about the ADS-B In equipment and procedures being used to maintain a safe distance from crewed aircraft
Normal operating procedures
Abnormal and emergency procedures
Skydio X10 can be operated BVLOS under this CoW in three different ways:
Operator-Led
In this framework, the PIC physically places the sUA at the takeoff location and connects to it via the X10 controller. The PIC conducts a physical preflight of the drone and scan the airspace and environment around the takeoff location for hazards.Patrol-Led
In this framework, the X10 is prepared for operation by trained personnel (temporarily acting as VO) and placed in a safe location for launch. The PIC uses LTE to connect to the sUA from Remote Flight Deck and conducts the operation from takeoff to landing.Dock-Based
In this framework, the X10 is placed in Skydio Dock and operated through Skydio Cloud and Remote Flight Deck. The PIC may not be physically located at the Dock location, in which case he or she will conduct an electronic preflight.
In all three methods, once airborne, the PIC may operate BVLOS as long as the provisions of the CoW are met including operating at or below 200’ AGL or within 50’ of objects, over congested areas, and ADS-B on the controller is monitored to remain a safe distance from aircraft.
Skydio has developed a Concept of Operation template to assist you in developing this document. Contact the Skydio Regulatory Team at aviation_regulatory@skydio.com for this template.
CMD-DAA Document
If your public safety agency is requesting the default approval to operate up to 200’ AGL or within 50’ of an object during flight, the CMD-DAA document is not required.
If your agency is deploying detect-and-avoid technology, such as radar, acoustic, or visual systems to detect non-cooperative crewed aircraft, the FAA is encouraging applicants to submit the CMD-DAA document for technology evaluation.
Entitles deploying DedroneBeyond should contact aviation_regulatory@skydio.com for assistance completing this document.
Entitles deploying other detect-and-avoid technology should contact their vendor for assistance completing this document.
FAA Submission
When all the documentation is signed and ready, the request is submitted to the FAA by emailing 9-AVS-AFS-750-91.113Waivers@faa.gov and requesting a PAO – PSO Part 91 BVLOS waiver. An example of the email body is shown below (replace the fictitious Teles Police Department with your agency’s information):
Hello 91.113 Waiver Team,
Teles Police Department is requesting a PAO – PSO Part 91 BVLOS waiver to conduct law enforcement and emergency response operations in the City of Teles. See attached documents for review:
TPD FAA Form 7711-2
PSO Letter
PAO – PSO 91 BVLOS Waiver Checklist
CONOPS – PSO PAO Part 91 BVLOS Waiver Request
[if requesting operations above 200’] CMD-DAA Document
Regards,
Monitor your email for correspondence back from the FAA on the request. Once the 91.113 Waiver Team approves the request, they will email the applicant back with an approved Part 91 BVLOS CoW.
Frequently Asked Questions on the Part 91 BVLOS
How long does the FAA take to review a Part 91 BVLOS request?
The current time between submission and approval is approximately 1 week.
How long are these Part 91 BVLOS approvals valid for?
4 years
Can I get assistance obtaining this Part 91 BVLOS request?
Skydio’s Part 91 BVLOS Guide offers enough detail for an agency to navigate the process on their own. If the process looks daunting or your agency would prefer expert guidance through the process, Skydio offers a Regulatory Service that provides pre-filled documentation, one-on-one guidance during submission and FAA review, and support after approval to ensure your agency understands the types of operations allowed under the waiver. Contact your sales representative to learn more about pricing.
Does this Part 91 BVLOS waiver cover the X10 operations from a Dock and/or from a Controller?
BVLOS operations with Skydio X10 can be conducted with or without Dock and from X10 controller or DFR Command.
Does this Part 91 BVLOS waiver specify a maximum flight distance from the takeoff location?
200’ + ADS-B approvals: No. Flight distances are dependent on other factors such as airspace characteristics, battery endurance, and connectivity.
400’ approvals: It depends on the detect and avoid system. Operations up to 400’ will typically be limited to a range less than the maximum detection distance of the detect and avoid system.
Does the Skydio X10 comply with the ADS-B requirement to fly without Visual Observers?
Yes. Skydio X10 has a built-in ADS-B receiver that is capable of detecting aircraft transmitting ADS-B Out on 879 MHz and 1090 MHz. ADS-B data from the receiver is displayed on the X10 Controller and DFR Command for airspace awareness.
Do I need to purchase any additional hardware or software to use the ADS-B capability on the X10?
No, you don’t need to purchase additional hardware or software to use the ADS-B capability onboard the Skydio X10 drone.
What are the pilot training requirements to operate under a Part 91 BVLOS waiver? Do all my pilots need a Remote Pilot Certificate or can I self-certify them?
It’s important to understand that operations under this type of Certificate of Waiver are conducted under Part 91, not Part 107. Under Part 91, the agency self-certifies their flight crewmembers.
One common approach for public safety agencies is to use the FAA’s Remote Pilot Certificate as a method for self-certifying flight crewmembers. Then the agency conducts additional in-house training, which often includes training from the vendor. However, an agency could choose to develop an alternative approach.
No matter which option your agency chooses, flight crewmembers must have the appropriate aeronautical knowledge and skills to safely conduct drone operations in accordance with all local, state, and federal regulations.
Skydio Regulatory Team offers a service to assist your agency in developing a self-certification training program. Contact your Skydio Sales Representative for more information.
Can I get approval to operate above the UAS Facility Map altitudes in my jurisdiction?
The Part 91 BVLOS Certificate of Waiver allows operations in uncontrolled airspace up to 400’ AGL and operations in controlled airspace up to the UAS Facility Map altitude.
The waiver also includes a provision that gives agencies two options for operating above UAS Facility Map altitudes:
- Request a Certificate of Authorization in CAPS to conduct routine operations above UAS Facility Map altitudes
- Request a Special Government Interest (SGI) request to conduct operations on a case-by-case basis above UAS Facility Map altitudes
How does this approval compare to prior COA approvals like the Jurisdictional, Tactical BVLOS, or First Responder BVLOS COAs?
The new Part 91 BVLOS Certificate of Waiver (COW) allows two types of operations:
- Visual Line of Sight operations
- Equivalent to previous Jurisdictional COAs
- Beyond Visual Line of Sight without a Visual Observer
The FAA is no longer issuing Tactical BVLOS and First Responder BVLOS (BVLOS with a Visual Observer scanning airspace around the drone) approvals.
The Part 91 BVLOS Certificate of Waiver can likely replace any existing COAs your agency has, but it is up to your agency to compare the approvals and make a determination.
What are my options if I want to fly under Part 107 instead of Part 91?
It is possible to get a Part 107 waiver to conduct DFR operations, however the X10 parachute recovery system is a requirement to operate over people and moving vehicles under Part 107. Watch the Skydio website for announcements on the X10 parachute system.
Additional Resources
References
The following FAA sources were used to develop this guidance and can provide additional details:
Acronyms
Feedback and Questions
If you find an error in this guide, have recommendations for improving it, or have questions, let us know by contacting the Skydio Regulatory Team at aviation_regulatory@skydio.com.