§ 124.18 — Activities for evaluation, testing, training, and pre-operational validation.

§ 124.18 Activities for evaluation, testing, training, and pre-operational validation.

(a) Scope and legal basis. An SLTT law enforcement or correctional agency that holds current accreditation under this part may conduct operational acceptance testing of acquired systems and systems under procurement consideration, on-the-job proficiency training, and interoperability training exercises to maintain C-UAS operational readiness. Testing and training do not and must not involve the mitigation of a credible threat and are not conducted under the authority of 6 U.S.C. 124n(a)(2). The operation of RF-emitting systems during testing and training is conducted under applicable Federal Communications Commission authorization and Federal Aviation Administration coordination requirements, and only against controlled test targets owned or operated by, or operated with the consent of, the SLTT law enforcement or correctional agency. An SLTT law enforcement or correctional agency acting pursuant to this section may utilize only authorized technologies under § 124.7. The SLTT law enforcement or correctional agency is responsible for verifying that all necessary Federal Aviation Administration authorizations or regulatory relief for operation of any unmanned aircraft or UAS, including unmanned aircraft or UAS forming part of a C-UAS system, have been obtained prior to any testing, training, or exercises. Compliance with this section is a condition of maintaining certification and accreditation under this part.

(b) Personnel. Only personnel holding a current Mitigation Certification may operate mitigation systems during evaluation testing, training, and exercises. Testing, training, and exercises may not be used to train or evaluate uncertified personnel on the operation of mitigation systems. Contractors and vendor representatives may provide technical support and instruction on system-specific procedures but may not independently operate mitigation systems against test targets.

(c) Evaluation testing and training activities plan. Before conducting testing, training, or exercises involving RF-emitting C-UAS mitigation systems, the agency must prepare a written activities plan specifying the date, time, and location; the purpose; the systems and equipment to be used; the test, training, or exercise targets; the assigned operators; safety controls; privacy measures; the types of data to be collected and their planned disposition; documentation of Federal Aviation Administration and Federal Communications Commission spectrum coordination for the C-UAS activities, and documentation of any necessary Federal Aviation Administration authorizations or regulatory relief for the operator of the target unmanned aircraft or UAS and for the operation any unmanned aircraft or UAS that form part of the C-UAS system. The activities plan must be approved by the Agency Approving Official or designee and reviewed by the agency's legal counsel.

(d) Coordination. Testing, training, and exercises, involving RF-emitting systems, or systems that may affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace, require advance coordination with the Federal Aviation Administration and, for spectrum authorization, with the Federal Communications Commission.

(e) Privacy within evaluation testing and training. The agency must favor testing, training, and exercise locations and activities that minimize exposure to non-participating third parties. The agency must not intentionally target, monitor, or collect the communications of non-participating third parties. Communications incidentally collected from non-participating third parties must be purged at the conclusion of the testing, training, or exercise activity, or as soon as practicable thereafter.

(f) Mitigation restriction. During testing, training, and exercises, the agency may not intentionally mitigate any UAS or unmanned aircraft that is not a controlled test target, unless necessary to protect against an imminent risk to human life or as part of an approved C-UAS Operations Plan. An action taken to protect against an imminent risk to human life must comply with the emergency exception set forth in § 124.9(g).

(g) Pre-operational validation. Before commencing mitigation operations at an event or facility, an agency may conduct pre-operational validation or equipment functional checks within the operational window and airspace restrictions already coordinated through the advance notification process under § 124.9. The C-UAS Operations Plan must document the pre-operational validation plan and required notifications. No separate authorization from the Department of Homeland Security or the Department of Justice beyond the advance notification is required.

(h) Participation in Federal RTTE. Personnel holding active Mitigation Certification may participate in research, testing, training, and evaluation (RTTE) events conducted by Federal components under 6 U.S.C. 124n(b)(3). Personnel may engage with systems in mitigation technology categories beyond those for which they hold an active Mitigation Certification or that are not on the ATL or ASL as part of the event. Participants act under the Federal component's authority and supervision.