Review - SLTT cUAS Authority IFR – Authorized Personnel

This is the third in a series of blog posts about the interim final rule (IFR) published last week by DHS and DOJ on “Counter-UAS [cUAS] Authority for State, Local, Tribal, and Territorial Law Enforcement and Correctional [SLTT] Agencies”. This post will look at the personnel that would be authorized by this rule to take cUAS actions. 

Previous posts include:  

• DHS/DOJ Publish SLTT cUAS Authority IFR – IFR Overview 
• SLTT cUAS Authority IFR - Detect, Identify, Monitor, and Track 

SLTT Level Authority 

Section 124.3 provides authority for SLTT law enforcement or correctional agencies to take detection, warning, and mitigation actions “that are necessary to address or eliminate a credible threat that a UAS or unmanned aircraft poses to the safety or security of people, a facility, or an asset; a venue or set of venues used for large-scale public gatherings or events; critical infrastructure; or a correctional facility.” 

Authorized Personnel  

Section 124.4 establishes the requirement that cUAS activities authorized under 6 USC 124n(a)(2) may only be conducted by employees of an SLTT agency. It specifically prohibits contractors from operating cUAS detection or mitigation systems that require relief from limitations under section 46502 of title 49 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction. 

Training and Certification  

Section 124.5 establishes the training and certification requirements for conducting cUAS mitigation operations under 6 USC 124n(b)(1) including disrupting control, seizing or exercising control, and use of reasonable force. Possession of Detection and Warning Certification is a prerequisite for mitigation training and certification. Personnel holding a Mitigation Certification issued by the NCUTC before the effective date of this part must complete the detection and warning curriculum by September 29, 2026. 

Mitigation training will be conducted in person at the NCUTC operated by the FBI. A basic Mitigation Certification training course is required, and additional training at the NCUTC may extend the scope of that certification to additional mitigation technology categories. The certification training will include instruction on the legal, operational, and technological aspects of C-UAS operations. 

Review - SLTT cUAS Authority IFR - Detect, Identify, Monitor, and Track

This is the second in a series of blog posts about the interim final rule (IFR) published last week by DHS and DOJ on “Counter-UAS [cUAS] Authority for State, Local, Tribal, and Territorial Law Enforcement and Correctional [SLTT] Agencies”. This post will look at the first of two cUAS authorities provided by the IFR. 

Previous posts include:  

• DHS/DOJ Publish SLTT cUAS Authority IFR – IFR Overview 

NOTE 1: All links to 6 USC 624n are provided to the updated version of that section available on Law.Cornell.edu since the federal government does not currently have a publicly available version that has been updated for the SAFER SKYS Act {TITLE LXXXVI of the FY 2026 National Defense Authorization Act (PL 119-60, 139 STAT. 1938)}. 

NOTE 2: All links to the regulatory language proposed in this rulemaking will be to the proposed DHS language under 6 CFR Part 124. That language will be virtually identical to the proposed DOJ language under 28 CFR Part 124. 

Detection and Warning Overview 

The preamble to the rule discusses the source authorities for the SLTT certification to detect, identify, monitor, and track UAS. Those authorities allow SLTT individuals, subject to the training and certification requirements of §124.5, “to ‘detect, identify, monitor, and track’ UAS or unmanned aircraft, without prior consent, including by means of interception of or other access to a wire communication, an oral communication, or an electronic communication used to control the UAS or unmanned aircraft”. Such actions are subject to the requirement to: 

• Use systems or technologies that are included on a list of authorized technologies,  
• Comply with specific privacy protections, and 
• Comply with Federal oversight, audits, coordination, and compliance requirements. 

The detection and warning provisions of the rule will generally be found in the following proposed CFR sections: 

• The Detection and Warning Certification requirement of §124.5(c),  
• The detection and warning policy provisions of §124.6(g),  
• The authorized technology requirements of §124.7,  
• The C-UAS Operations Plan requirement of §124.8,  
• The operational conditions of §124.12, and  
• The privacy and data handling requirements of §124.14. 

For more details about these provisions of the NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/sltt-cuas-authority-ifr-detect-identify - subscription required. 

Review - DHS/DOJ Publish SLTT cUAS Authority IFR

On Monday (available on-line yesterday), DHS and DOJ jointly published an interim final rule in the Federal Register (91 FR 41466-41516) for “Counter-UAS Authority for State, Local, Tribal, and Territorial Law Enforcement and Correctional [SLTT] Agencies”. This IFR implements the requirements of the SAFER SKYS Act included as TITLE LXXXVI of the FY 2026 National Defense Authorization Act (PL 119-60, 139 STAT. 1938) codified mainly at 6 USC 124n (the official USC listing at GoveInfo.gov has not been updated since 2024, they are way behind, and the USCODE.house.gov site has been down for weeks, so this link is to the Cornell Law US Code library listing). The effective date of this IFR is July 1st, 2026. 

Public Comments  

DHS/DOJ are soliciting public comments on this IFR. Comments may be submitted via the Federal Document Management System (formerly known as the Federal eRulemaking Portal; www.Regulations.gov: Docket # FBI-2026-0001). Comments should be submitted by September 4th, 2026. 

For an overview of the IFR, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/dhsdoj-publish-sltt-cuas-authority - subscription required.