The White House currently is reviewing a series of policy proposals related to the integration of drones into domestic airspace that may affect local governments and their ability to regulate. Both the FAA’s proposed rules for Small Unmanned Aircraft Systems (sUAS) and potential privacy regulations related to drones are being considered by the administration. Though the FAA plans to release their sUAS rules, which apply to drones under 55 pounds, in the near future, the rules must first be reviewed by the Office of Information and Regulatory Affairs (OIRA) at the White House. The OIRA will perform a cost-benefit analysis on the rule, which may alter the current proposal.

In the rule’s current form, it appears the FAA intends to treat all sUAS as identical, despite the differences in size, weight and capabilities within that category. The rules will require operators to be licensed, limit flight to daylight hours, and retain the current requirement that all drones fly below 400 feet with line-of-sight to the operator. These rules would make it difficult for the United States to catch up with other developed nations, which differentiate between drones based on the individual risks they present, who are able to utilize drones more effectively for domestic purposes.

At the same time, the White House is preparing an executive order aimed at addressing privacy issues related to drones. The executive order is being held during the review of the sUAS rule, but the order reportedly will segment the privacy issues into two categories—public and private. For public drones, the order will create a series of privacy and transparency guidelines, including a requirement that agencies operating drones reveal information about their use and surveillance capabilities. For privately operated drones, the order will direct that the Department of Commerce’s National Telecommunications & Information Administration chair a process for creating privacy rules for drone operators.

Public commentary about drones, and the rules and regulations that govern them, will be vital to the process of both proposals over the next year. Local agencies should make their voices heard throughout the process to influence the final products and to help clarify the preemptive effect of both the FAA’s rules and the executive order.