This guide explains the expedited FAA 91.113 waiver process, outlining eligibility, permitted operations, and application steps for qualified public safety organizations.
Note: The information presented is based on the applicable processes to date and are subject to change by FAA.
The FAA has recently changed the Part 91 waiver process to expedite waivers for qualified Public Aircraft Operators (PAOs) who also meet the definition of Public Safety Organization (PSO). This expedited waiver process enables:
- Visual Line of Sight (VLOS) operations
- Beyond Visual Line of Sight (BVLOS) operations
- Operations over people (OOP)
- Operations over moving vehicles (OOMV)
These waivers are subject to safety mitigations and depend on aircraft safety equipage and Detect and Avoid (DAA) technology employed by the applicant.
Who can apply?
This waiver is only available to entities that meet criteria for both Public Safety Organization (PSO) as defined in 49 USC 44806(e) and Public Aircraft Operator (PAO) as defined in 49 USC 40102(a)(41).
PSO - 49 USC 44806(e):
An entity 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.
PAO - 49 USC 40102(a)(41):
"Public aircraft" means […] an aircraft used only for the United States Government […]
See full definition details from 49 USC 40102(a)(41) and Advisory Circular 00-1.1B for more information about Public Aircraft Operations.
Note: Not every PSO meets the statutory definition of a PAO. Volunteer organizations (VFDs, SARs, 501(3)(c) entities for example) are typically not eligible for Public Aircraft status.
Operating for a commercial purpose, such as seeking reimbursement for operations from another agency, nullifies PAOs.
Applicants are cautioned to seek competent legal counsel to determine their eligibility for public aircraft status. See 49 USC 40125 – ‘Qualifications for public aircraft status’ for statutory language.
What kind of operations are permitted under this PAO/PSO 91.113 waiver?
- VLOS
- BVLOS shielded operations
- BVLOS with DAA
- DAA is typically electronic, acoustic, or visual based, or a combination thereof coupled with ADS-B In. The technology employed should be described in detail in the attachments (see optional CMD-DAA) or by documentation of the applicant’s choice.
Characteristics:
- Altitude/Airspace:
- VLOS: up to 400 ft
- BVLOS Obstruction Shielded Ops:
a. In Class G Airspace:
- at or below 200 ft AGL, or
- 100 ft above the height of any obstruction (natural or man-made) that is within a 100 ft radius of the sUA, not to exceed 400 ft AGL
b. In Class B, C, D or E (Surface Area) Airspace:
- at or below 200 ft above the ground, or
- below the UASFM altitude, whichever is lower
- BVLOS using acceptable DAA systems:
a. In Class G Airspace:
1) at or below 400 ft above the ground, or
2) 100 ft above the height of any obstruction (natural or man-made) that is within a 100 ft radius of the sUA, not to exceed 400 ft AGL
b. In Class B, C, D or E (Surface Area) Airspace:
1) at or below 400 ft above the ground, or
2) below the UASFM altitude, whichever is lower
- Operations at night permitted – Anti-collision lighting and training
- No NOTAMs needed
- No VOs required
- Nationwide (unless applying for a specific location)
- Validity period of 48 months
- CAPS is not required (see additional considerations)
- Processing time reduced
What is waived?
14 CFR 91.113 Right-of-way rules: Except water operations
14 CFR 91.119 Minimum safe altitudes: General
14 CFR 91.126(d) Operating on or in the vicinity of an airport in Class G airspace / Communications with control towers.
14 CFR 91.127(c) Operating on or in the vicinity of an airport in Class E airspace / Communications with control towers.
14 CFR 91.129(c) Operations in Class D airspace / Communications.
14 CFR 91.130(c) Operations in Class C airspace / Communications
14 CFR 91.131(a)(1) Operations in Class B airspace / Operating rules-ATC clearance
14 CFR 91.131 (c)(2) Operations in Class B airspace / Communications and navigation equipment requirements - For all operations
14 CFR 91.155 Basic VFR weather minimum
What is required?
- Total UA weight < 55 lbs
- ADS-B In
- If you want to operate over people with a drone for other than life-safety emergency operations:
- Use a part 107, subpart D category compliant drone, or
- Equip the drone as follows:
- If the drone is not a category compliant drone and it weighs 0.88 lbs. or less, it must be equipped with prop guards.
- If it weighs more than 0.88 lbs. it must be equipped with a PRS conforming to the ASTM F3322-18 or newer standard, or
- Request a Special Governmental Interest (SGI) COA/Waiver from the FAA’s Systems Operations Support Center (SOSC). More information about this process can be found at https://www.faa.gov/uas/advanced_operations/emergency_situations/
Note: every call out is not a life-safety emergency, and operating over open-air assemblies of people are typically not life-safety emergencies.
- Anti-collision lights and night training requirements
- Identify potential ground and air hazards that are within 1 sm of the intended operating area or route of flight
- Areas or routes of low-level helicopter and airplane operations, such as helipads, grass airstrips, airports, military operations areas below 500 ft AGL, tour operator flights, and farmland suitable for agricultural aircraft operations
- Location(s) of expected pedestrian and/or vehicular traffic
- Highest obstacle or obstruction that may be encountered
- Standard Remote ID
- Max speed 87 kts (100 mi/h)
- Pre-programmed RTH
- In case of fly-away, PIC has to contact ATC facility having jurisdiction
- Incident reporting to NTSB and FAA (no regular reporting needed)
Note: The pilot records database (PRD) requirements of 14 CFR Part 111 have not changed and are still required of Public Aircraft when a PRD report triggering event occurs. See 14 CFR Part 111, subpart C and AC 120-68 for more information about Public Aircraft reporting requirements for the PRD.
How to apply?
- Determine which of the two waivers you want to apply for:
- 200 ft Obstruction Shielded Ops, or
- 400 ft using acceptable DAA systems
- Send an email to 9-AVS-AFS-750-91.113Waivers@faa.gov, and request a PAO/PSO 91.113 waiver packet.
- FAA Form 7711-2 (waiver application)
- 113 PAO/PSO waiver checklist(s)
- (if using DAA) “Criteria for Making Decision - Detect And Avoid (CMD-DAA)”
- Attach the required letter certifying to the FAA that your organization meets the legal definition in Public Law 118-63, section 926(e).
Note: You may also get a sample letter and some instructions.
- Prepare a Con Ops: Include this description and justification either in the body of the letter required above, or as a separate attachment.
- Complete the requirement documents, sign, date, and return them all as attachments to 9-AVS-AFS-750-91.113Waivers@faa.gov.
Additional considerations
- This waiver replaces previous COAs -Tactical BVLOS, First Responder BVLOS, Blanket, and Jurisdictional COAs. Those COAs are no longer available, even for renewals. This waiver does not cancel or supersede prior 91.113 COAs. However, those older COAs will not be renewed when they expire. If your organization is currently using one of them, consider moving to this new one.
- If you propose to operate with different mitigations, you will need to submit additional information for evaluation. This will require a case-by-case evaluation of your waiver application.
- Requests for routine altitudes above the UASFM in controlled airspace or above 400’ AGL in uncontrolled airspace, or at any altitude in controlled airspace where UASFM’s are not applicable, such as E3 or E4 Airspace, will require a second step and obtain a separate airspace authorization (COA) issued by the FAA Air Traffic Organization (ATO) via CAPS (https://caps.faa.gov/coaportal) after obtaining the 91.113 waiver.
- Operations from a moving vehicle are permitted in uncongested areas. Operators are cautioned to update their return to home settings often when operating from a moving vehicle because new obstacles may be encountered depending on the route of flight.
- Additional steps must be taken to operate inside a TFR with this waiver. To operate in a TFR, the waiver holder must contact the SOSC for an SGI authorization. A TSA waiver may also be required, depending on the nature of the TFR. Check the TFR NOTAM for more information.
To learn more and access additional resources, visit the FAA’s Public Safety UAS Toolkit.