How to Obtain a Public Safety Part 91 BVLOS Waiver

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):

1. An aircraft used only for the United States Government

2. An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration

3. 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

4. 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 118-63, section 926(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.

Public safety agency that are part of 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 need to declare status as a PAO with a written declaration letter created by an entity that is in a position to determine that your agency is qualified. An agency cannot self-declare as a PAO. The entity may be the City Attorney, County Attorney, State Attorney General, or an entity under legal contract with the public agency.

Email Skydio to request FAA Public Declaration Letter guidance.

The letter declares that the public safety agency is eligible for PAO status and attests that the agency will not conduct public aircraft operations for commercial purposes. The letter should:

• Be on official letterhead from the entity determining your agency’s eligibility

• Make a clear statement outlining the political subdivision and the agency including:

  • Reference statutory citations that qualify the agency as a political subdivision of the state for the purposes of operating as a public aircraft operator under Title 49 USC § 40102(a)(41)(C) or (D)

  • Reference statutory citations that outline the agency’s authorities

• Attest that the agency will not operate the aircraft for commercial purposes (compensation or hire) in compliance with Title 49 USC 40125(a)(1) and 40125(b).

• Be dated and signed by the attorney making the declaration, including contact information

A template letter, shown in Appendix A, is included with this memo to assist in creating this declaration. This example is to be used for educational and reference purposes only.

¹ 49 USC § 40102(a)(41)(C) or (D)

² 49 USC § 40125, Qualifications for Public Aircraft Status:
(a)(1) Commercial purposes.–The term “commercial purposes” means the transportation of persons or property for compensation or hire, but does not include the operation of an aircraft by the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999, or by one government on behalf of another government under a cost reimbursement agreement if the government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation is necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator is reasonably available to meet the threat.

³ 49 USC § 40125, Qualifications for Public Aircraft Status:
(b) Aircraft Owned by Governments. –An aircraft described in subparagraph (A), (B), (C), or (D) of section 40102(a)(41) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.

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:

1. Public Declaration Letter (completed in Step 2)

2. FAA Form 7711-2

3. PSO Letter

4. PAO-PSO 91 BVLOS Waiver Checklist

   1. Concept of Operation

   2. [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. Click here to view the form.

The following table describes how to complete Form 7711-2 for a basic request at 200’ AGL.

PSO Letter

The public safety agency must declare that they meet the definition of a PSO with a written declaration letter created by the agency (not by outside legal counsel this time). The letter should:

• Include contact information for the agency and the Responsible Person

• State the agency’s name

• State the agency meets the definition of Public Safety Organization per Public Law 118-63, section 926(e)

• Provide examples of the types of public safety missions the agency conducts

• Be signed by the agency’s Responsible Person

A template of this letter, shown in Appendix B, is included to assist in creating this letter.

If you’re an agency that is eligible for PAO, but not strictly a PSO, 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. The Responsible Person should carefully review each provision, 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 the items in the checklist.

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:

1. 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.

2. 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.

3. 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:

• Teles Police Department Public Declaration Letter

• 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.