Drone Flight Training, Drone License Jason Damman Drone Flight Training, Drone License Jason Damman

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The traditional COA process that once took 6–10+ months has been replaced by a new Certificate of Waiver (COW) framework.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

  1. Get pilots Part 107 certified

  2. Apply for Part 107 PSO Shielded Operations Waiver

  3. If eligible, pursue Part 91 PAO/PSO waiver for additional flexibility

  4. Invest in hands-on training

Regulatory compliance is only the beginning. Tactical proficiency matters.

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