§ 124.12 — Detection and warning operations.

§ 124.12 Detection and warning operations.

(a) Scope. This section governs detection and warning operations using systems whose operation requires the authority of and relief from certain laws under 6 U.S.C. 124n(a)(2). Detection and warning activity conducted using systems that do not require the authority of the Act or the relief it provides from certain laws is not subject to this part.

(b) Conditions. An SLTT law enforcement or correctional agency may conduct detection and warning operations under this section if:

(1) All personnel conducting detection and warning operations hold a current Detection and Warning Certification;

(2) The agency deploys only systems within technology categories listed on the Authorized Technologies List and, where populated, specific systems listed on the Authorized Systems List;

(3) The agency has adopted an implementation policy under § 124.6(a) or a detection and warning policy under § 124.6(g), has completed the applicable portal attestation, and has authorized the operation by a C-UAS Operations Plan under § 124.8; and

(4) The agency complies with the privacy, data handling, and retention requirements of § 124.14.

(c) Coordination. No per-operation (that is, for each individual deployment or activation of a C-UAS system) advance notification, Federal Aviation Administration coordination, or Federal Communications Commission coordination is required for detection and warning operations that employ only systems that do not emit radio frequency energy and do not affect aviation safety. Such operations must be authorized by a C-UAS Operations Plan under § 124.8, which documents operational authority, data handling and retention, and legal review. For detection and warning operations involving RF-emitting systems, such as active warning broadcast systems, the advance coordination requirements of § 124.9 apply, and the operation must be authorized by a C-UAS Operations Plan under § 124.8.

(d) Reporting. The 48-hour reporting requirement of § 124.13 does not require per-event reporting of detection and warning operations. Each SLTT law enforcement or correctional agency conducting detection and warning operations under this section must report detection activity in the semiannual operational summary required by § 124.13, including the detection systems deployed by Authorized Technologies List category, the locations at which systems were deployed, the total number of detection events recorded, instances of retention of records of communication beyond 180 days, and any data-sharing arrangements. A physical seizure or confiscation under 6 U.S.C. 124n(b)(1)(E) that results from a detection and warning operation is a 6 U.S.C. 124n action, but it is documented through the agency's normal evidence-handling procedures and is not separately reported under this part. The recovery of a crashed or abandoned unmanned aircraft that does not involve the use of 6 U.S.C. 124n authority is not a 6 U.S.C. 124n confiscation and is not subject to the reporting requirements of this part.

(e) Prohibition on mitigation. Personnel holding only a Detection and Warning Certification are not authorized to take any mitigation action or any other action that affects an unmanned aircraft in flight, regardless of the operator's ultimate objective. If a detection operation identifies a credible threat requiring mitigation, this rule requires that the agency respond through mitigation-certified personnel operating under §§ 124.8 and 124.9 or through coordination with Federal C-UAS assets. This prohibition is absolute and is not subject to the emergency exception of § 124.9(g), which is available only to an agency with mitigation-certified personnel and authorized mitigation capability.