Illustration: Sarah Grillo/Axios

Retailers and drone delivery companies say the federal government is overreaching with a proposed law on drone operations that would require TSA-like security screening for their stores, employees and potentially even their customers.

Why it matters: The proposed rule, which assigns 55-pound delivery drones the same risk profile as huge cargo planes, would cripple the drone delivery business just as it's about to take off, industry leaders say.

  • The regulation doesn't match the risk, says Adam Woodworth, CEO of Alphabet-owned Wing, Walmart's drone delivery partner.
  • "As written today, everyone who walks into a Walmart would need to go through a TSA Level 3 background check, which is, like, fingerprints and stuff, because they could touch the macaroni and cheese on the shelf that's going to go on the airplane because that's now 'cargo' for an airplane," he tells Axios.
  • "It's well-intended," he says, "but the details are what matter."

The big picture: Drone deliveries have yet to take off in huge numbers because operators need case-by-case approvals to fly long distances.

  • President Trump in June signed an executive order directing the FAA to fast-track rules that would allow drones to fly beyond the visual line of sight.
  • Such rules would not only unlock widespread drone delivery, but also enable other commercial uses such as oil and gas pipeline inspections, agriculture, public safety and filmmaking.

Yes, but: The industry's enthusiasm faded once they dove into the details.

  • More than 1 million responses were recorded during the public comment period, including from Amazon, Walmart and DoorDash.

Zoom in: While they praised some aspects of the FAA rule, there was widespread opposition to the TSA's security requirements.

  • People who pick and pack items for delivery don't have anything to do with flying drones, and thus, don't present a security risk, Walmart wrote.
  • "We're concerned that as drafted it could ensnare hundreds of thousands of store associates across our current and future drone delivery markets who would need to undergo a TSA background check — even if their jobs may not regularly involve drone deliveries."
  • "The practical effect is that every goods supplier, package handler and package loader supporting a drone delivery service would be required to visit a TSA enrollment center, with turnaround times of up to 60 days" — that's infeasible in a retail store with high turnover rates and seasonal employees, noted Wing.

Zipline, another leading drone operator, said the TSA requirements are "either redundant or wrong-sized" for package delivery.

  • DoorDash noted that other modes of package delivery — by car or bike, for example — aren't subject to similar security standards.

Between the lines: The FAA, part of the U.S. Transportation Department, has been working alongside industry stakeholders for years to create appropriate regulations for drone operations.

  • TSA, a different agency under the Department of Homeland Security, entered the FAA's rulemaking process at the 11th hour, without any industry outreach, according to a spokesman for U.S. Rep. Dina Titus (D-Nevada).
  • Titus and U.S. Rep. Rudy Yakym (R-Indiana), who lead the Congressional Unmanned Systems Caucus, want TSA to withdraw its proposed rules, consult industry stakeholders and consider a new security framework that efficiently mitigates the safety threats while allowing FAA regulation to move forward.

The U.S. government is shut down; neither the FAA nor TSA responded to Axios' request for comment.

The bottom line: If a nefarious character wants to drop a burrito on your house, it's not likely to cause a national security threat.

Tennessee state Rep. Justin Pearson speaks at the Democratic National Convention in 2024 with other members of the Tennessee delegation, including Rep. Steve Cohen (far right). Photo: Andrew Harnik/Getty Images.
Steve Witkoff and Jared Kushner on a tarmac in New Jersey. Photo: Brendan Smilalowski/AFP via Getty
Tom Homan speaks to reporters outside the White House on Sept. 9. Photo: Win McNamee/Getty Images