Part 91 COW vs. Part 107: Understanding the New Regulatory Standard for Police and Fire Drone Programs with the Shielded Operations Waivers
Updated February 2026
This post replaces our June 2025 article “COA vs. Part 107: Which Path Is Best for Police and Fire Drone Operations?” to reflect major FAA regulatory changes.
The Regulatory Landscape Has Changed
The regulatory landscape for public safety drone operations has changed dramatically.
If your department is still operating under the old Certificate of Authorization (COA) framework — or if you've been hesitant to pursue beyond visual line of sight (BVLOS) operations because of the lengthy approval process — there’s good news:
The FAA has streamlined everything.
The traditional COA process that once took 6–10+ months has been replaced by a new Certificate of Waiver (COW) framework.
What’s changed:
Processing times dropped from months to as little as 1–2 weeks
Some Drone as First Responder (DFR) waivers approved in under 2 hours
Waiver validity extended from 2 years to 4 years
Visual observers no longer required for many BVLOS operations
In this post, we’ll break down the two primary pathways now available to public safety agencies and help you determine which is right for your department.
The Big Picture — What Changed?
The Old Way (Pre-2025)
COA applications processed through FAA Air Traffic Organization
6–10+ month processing times
Required rooftop visual observers for BVLOS
2-year validity
Monthly reporting requirements
Complex NOTAM filing
The New Way (2025–Present)
Certificate of Waiver (COW) processed through FAA Flight Standards
1–2 week processing times (some same-day approvals)
Visual observers replaced by detection equipment (ADS-B In)
4-year validity
No monthly reporting
Simplified application via email or FAA DroneZone
This shift was driven by the FAA Reauthorization Act of 2024 (Public Law 118-63), which streamlined processes for public safety drone operations and formally defined “Public Safety Organizations” under Section 926(e).
Understanding Your Two Options
Public safety agencies now have two distinct pathways for BVLOS and DFR operations.
Option 1 — Part 107 PSO Shielded Operations Waiver
Best for:
Volunteer fire departments
501(c)(3) search and rescue organizations
Public safety organizations that may not qualify for Public Aircraft status
Key Features
Available to ANY Public Safety Organization (PSO)
Does NOT require Public Aircraft Operator (PAO) status
BVLOS up to 1 statute mile from the Remote Pilot in Command
Operations up to 200 feet AGL
No visual observers required
Requires Part 107 Remote Pilot Certificate for all pilots
What Gets Waived
107.31 (Visual line of sight)
107.39 (Operations over human beings)
107.145 (Operations over moving vehicles)
Important:
This waiver does NOT waive airspace authorization requirements (107.41).
If operating in controlled airspace:
You must apply separately for a Wide Area Authorization (WAA) through FAA DroneZone
LAANC cannot be used with BVLOS waivers
Option 2 — Part 91 PAO/PSO Shielded Operations Waiver
Best for:
Municipal police departments
County sheriff’s offices
Fire districts
Governmental entities qualifying as both PAO and PSO
Key Features
Requires BOTH PAO and PSO status
Two altitude tiers available:
200-foot waiver
Primary collision avoidance via obstruction shielding + ADS-B In
400-foot waiver
Requires FCC-approved DAA (Detect and Avoid) systems meeting ASTM/RTCA standards
No distance limitations (operational limits still apply)
No visual observers required
Broader operational flexibility
What Gets Waived
14 CFR 91.113 (Right-of-way / see-and-avoid rules)
14 CFR 91.119 (Minimum safe altitudes)
91.126–91.131 (Certain airspace communication requirements)
14 CFR 91.155 (Basic VFR weather minimums)
Critical Distinction — Part 91 Does NOT Require Part 107 Certificate
Part 91 operations do NOT require pilots to hold a Part 107 Remote Pilot Certificate.
Under Part 91, agencies may self-certify their aircraft and pilots. This means:
The department is responsible for establishing training standards
The department must verify pilot competency
The department must defend its internal training if an incident occurs
This flexibility can also increase liability exposure.
Why We Still Strongly Recommend Part 107 Training and Certification
Even under Part 91, we strongly recommend Part 107 certification for all pilots because it provides:
A recognized baseline of aeronautical knowledge
Portable credentials if officers transfer
Demonstrated compliance with FAA testing standards
Reduced liability exposure
A foundation for internal documentation
Professional certification that upskills employees that they can use outside of work
Part 107 certification adds professionalism, protects your officers, and reassures the public that your department is operating responsibly.
Which Path Is Right for Your Department?
You Likely Qualify for Part 107 PSO Waiver If:
You’re a volunteer fire department
You’re a 501(c)(3) search and rescue organization
You receive reimbursement (e.g., FEMA)
You’re a private ambulance service providing public safety support
You want the simplest and fastest path to BVLOS
You May Qualify for Part 91 PAO/PSO Waiver If:
You’re a political subdivision (city, county, state, tribal government)
Your agency owns the aircraft or leases exclusively for 90+ days
Operations are strictly governmental
You do NOT receive compensation
You do NOT fly commercially
Pro Tip:
If uncertain about PAO status, consult legal counsel. Operating under the wrong framework creates liability risks.
The Application Process
Part 107 PSO Shielded Operations Waiver
Step 1: Prepare Documentation
Agency letter certifying PSO status per PL 118-63 Section 926(e)
Signed FAA checklist
Concept of Operations
Step 2: Submit via FAA DroneZone
Log in
Select Part 107 Waiver Application
Attach documentation
Step 3: Apply Separately for Airspace Authorization (If Needed)
Submit Wide Area Authorization (WAA)
Allow 60+ days for controlled airspace
Processing Time: 1–2 weeks typical
Part 91 PAO/PSO Waiver
Step 1: Verify Eligibility
Confirm PAO status under 49 USC 40102(a)(41) and 40125
Confirm PSO status under PL 118-63 Section 926(e)
Step 2: Prepare Documentation
Letter certifying PAO + PSO status
FAA Form 7711-2
Appropriate checklist
Concept of Operations
Step 3: Submit via Email
Send to: 9-AVS-AFS-750-91.113Waivers@faa.gov
Processing Time: 1–2 weeks typical
Common Application Mistakes That Cause Delays
The FAA frequently sees:
Letters that fail to reference PSO qualification per PL 118-63
Missing Responsible Person signature
Submitting Public Declaration Letter instead of PSO certification
Unsigned or incomplete checklist
Illegible submissions
Missing equipment specs
While the process is faster, it’s not simpler. A single documentation error can reset your timeline.
DFR — The Numbers Tell the Story
Old COA Process vs. New COW Process
Processing time: 10+ months → 1–2 weeks (some under 2 hours)
DFR waivers (2018–2024): ~50 total
DFR submissions (as of June 2025): 300+
DFR approvals: 214+
Validity: 2 years → 4 years
Monthly reporting: Required → Not required
Visual observers: Required → Not required
DFR adoption has accelerated dramatically.
What About Existing COAs?
If you currently operate under a COA:
Continue operating under your current COA
Begin applying for a Shielded Operations COW ASAP
COAs will NOT be renewed under the old process
A new COW does NOT automatically cancel your COA
There is no operational gap during transition.
Looking Ahead — Part 108 BVLOS Rulemaking
The FAA is developing Part 108 for permanent BVLOS rules.
NPRM published: August 7, 2025
Comment period closed: October 6, 2025
Limited comments reopened: Through February 11, 2026
Final rule expected: Spring 2026
Agencies investing now in compliant equipment and documentation will be positioned well when Part 108 becomes law.
Our Recommendation — Start with Part 107, Then Expand
Get pilots Part 107 certified
Apply for Part 107 PSO Shielded Operations Waiver
If eligible, pursue Part 91 PAO/PSO waiver for additional flexibility
Invest in hands-on training
Regulatory compliance is only the beginning. Tactical proficiency matters.
Need Help Getting Started?
V1DroneMedia provides:
Shielded Operations Waiver Application Assistance
Advanced Public Safety Drone Training: Search & Rescue and Tactical Drone Operations
Our instructors combine aviation and real-world police operational expertise
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