Airspace Access for Public Aircraft Operations (PAOs)

(a) General requirements for PAO status. Governmental entities, as defined by federal law 49 USC 40102(a)(41), Definitions, can fly as a public aircraft operation as long as the flight meets the definition of a governmental function 49 USC 40125, Qualifications for Public Aircraft Status. Public aircraft are 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, except as provided in 49 USC 40125(b), Qualifications for Public Aircraft Status. Public aircraft can also be 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, except as provided in 49 USC 40125(b), Qualifications for Public Aircraft Status. NOTE- The term “government function” refers to one of several activities undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transportation of prisoners, detainees, and illegal aliens), aeronautical research, or biological or geopolitical resource management. An operation “for the public good” does not necessarily meet the qualifications for a public operation; for example, most volunteer fire departments in the United States will not qualify as PAOs. Public safety organizations often conduct operations under 14 CFR part 107, as well as public aircraft operations. REFERENCE- 49 USC 40102, Definitions. 49 USC 40125, Qualifications for Pubic Aircraft Status.

(b) A PAO is conducted under certain 14 CFR part 91, UAS Operations Rules, with a COA granted to allow access to the NAS. A PAO COA allows blanket UAS operations in Class G airspace throughout the entire continental United States, including operations at night with appropriate lighting and training, for the duration of the COA. Waivers and/or authorizations to the COA can permit operations beyond the basic COA. Operating as a PAO requires adherence to specific conditions as directed in the COA. Operations under the public aircraft statute cannot include purposes that are not governmental functions. For example, a police UAS flying without remuneration to obtain footage for a department promotional video would not be a governmental function.

(c) COA Application Process:

(1) Public Declaration Letter (PDL). The first step in getting a PAO COA is to be recognized as an authorized government agency by submitting a PDL that shows the organization is indeed a governmental entity as defined by federal law. FAA general counsel reviews this letter, which is usually issued by a city, county, or state attorney Federal agencies are deemed to be governmental entities without submitting a PDL.

(2) COA Request. If formally recognized as a governmental entity under federal law, entities are given access to the COA Application Process System (CAPS) or DroneZone, where a request for a PAO COA may be submitted. Operating as a PAO requires you to adhere to specific conditions as directed in your COA. Remember that an aircraft described in subparagraph (a), (b), (c), or (d) of 49 USC 40102(a)(41), Definitions, does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes (e.g., performing a non-governmental function) . REFERENCE- AC 00-1.1, Public Aircraft Operations—Manned and Unmanned. 49 USC 40102, Definitions.