Summary
DHS and DOJ published an interim final rule (effective July 1, 2026; comments due September 4, 2026) codifying identical parts at 6 CFR Part 124 and 28 CFR Part 124 to implement the SAFER SKIES Act (enacted as Division H, Title LXXXVI, Public Law 119-60 — the FY2026 NDAA, signed December 18, 2025; codified at 6 U.S.C. 124n). This corrects the vault’s prior “FY2025 NDAA” attribution — see updates to safer-skies-act and counter-uas. The rule authorizes SLTT (state/local/Tribal/territorial) law enforcement and correctional agencies to conduct C-UAS detection, warning, and (with stricter conditions) mitigation operations notwithstanding federal aircraft-piracy, computer-fraud, wiretap, and pen-register/trap-and-trace statutes. It establishes a two-tier certification structure — an online Detection and Warning Certification and an in-person Mitigation Certification delivered exclusively through the FBI’s National Counter-UAS Training Center (NCUTC) — plus a two-list authorized-technology framework, mandatory advance coordination through a single FBI-operated federal C-UAS portal (routing to FAA airspace review and FCC spectrum coordination), real-time air traffic control notification, 48-hour mitigation reporting, privacy/civil-liberties protections under 6 U.S.C. 124n(e), and civil penalties up to $100,000 per violation. The authority terminates December 31, 2031. Notably, the rule does not condition SLTT C-UAS activity on state-level notification or approval, and separately requires FCC authorization (not mere coordination) before any RF-emitting system may be deployed.
Key Claims
- The SAFER SKIES Act (Pub. L. 119-60, div. H, tit. LXXXVI, secs. 8601-8607) was signed into law December 18, 2025 as part of the FY2026 NDAA, not the FY2025 NDAA as prior vault pages stated.
- Mitigation authority (disruption, seizure of control, destruction) requires resident training/certification through the FBI’s NCUTC “national schoolhouse”; detection/warning/confiscation authority requires only an online certification, issued automatically.
- SLTT agencies remain fully subject to the Communications Act; the Act’s criminal-law “notwithstanding” clause does not displace 47 U.S.C. 301/302/333/605, so FCC authorization is required for any radio-emitting C-UAS system.
- The rule permits accredited agencies to provide mutual aid/C-UAS support to non-accredited agencies but bars contractors from operating mitigation systems (no “turnkey” C-UAS services).
- A designated lead C-UAS agency at nationally significant events can require other SLTT agencies to accept tactical coordination or refrain from operating in the area/period.
- Civil fines up to $100,000 per violation, or suspension of C-UAS authority, apply to agencies/personnel that knowingly act without required federal coordination (6 U.S.C. 124n-1(f)-(g)).
Notable Quotes
“the Departments expect the initial Authorized Technologies List to include radio frequency (RF) detection with command-and-control signal interception, RF disruption… and RF protocol manipulation (command injection and cyber takeover)” — DHS/DOJ preamble.
“protective measures described in 124n, such as intercepting the radio link that controls a drone or taking control of a drone away from its operator, are lawful… when a certified SLTT agency performs them in compliance with the Act” — DHS/DOJ preamble.