This Week's Briefing

Back in May I wrote that I thought expanding law enforcement drone use would become "a hot topic" for independent operators this year. It's happening faster than I expected.

On July 1, a new DOJ/DHS rule quietly went into effect implementing the SAFER SKIES Act. For the first time, state and local police and corrections agencies — not just federal agencies — can get certified to detect, track, and in some cases disable or seize a drone they consider a credible threat near critical infrastructure, correctional facilities, or major public events. The rule is already in effect; the comment period runs through September 4. [If you've had any interaction with local law enforcement on a job since July 1, that's worth mentioning here — real, on-the-ground detail like your DHS compliance-check story always lands better than the regulation alone.] For those of us flying legitimately near stadiums, government buildings, or infrastructure sites, this is one more thing to check before you launch — a fully compliant Part 107 flight could still get flagged by an agency now empowered to act first and sort it out after.

Second: the Section 2209 critical infrastructure rule just closed its comment window, and the fight that mattered most wasn't about the rule's substance — it was about preemption. Groups like the Drone Service Providers Alliance pushed the FAA to use this rule to override the patchwork of 25 state laws that grew up around critical infrastructure while Washington sat on this rulemaking for nearly a decade. California isn't one of the preemption states, so if the FAA doesn't step in here, we could keep juggling state and local restrictions on top of whatever the FAA finalizes.

Third, Part 108 — the BVLOS rule — is still stuck. It reached OIRA for final review on July 10, and OIRA's review window can run up to 90 days, so realistically we might not see this until October at the earliest. I said back in May the finish line was "visible." I'm starting to think it keeps moving.

Put together, these three stories point the same direction I've been flagging all year: more federal reach, more enforcement capability, and more actors with a say in where I'm allowed to fly. As a licensed operator, I don't think that's all bad — it raises the bar for the guys cutting corners. But it also means checking one more database before every job.

Stay current on your Part 107, keep your LAANC and insurance paperwork on hand, and don't assume July's rules are August's rules.