§ 124.7 — Authorized technologies.

§ 124.7 Authorized technologies.

(a) Two-list authorization framework. The technology authorization framework consists of two complementary lists. The Authorized Technologies List identifies the technology categories authorized for SLTT law enforcement and correctional agency C-UAS operations. The Authorized Systems List identifies specific systems, at the make and model level, that have completed interagency evaluation within those technology categories and stated operating restrictions. Both lists are maintained jointly by the Department of Justice, the Department of Homeland Security, the Department of Defense, the Department of Transportation and Federal Aviation Administration, the Federal Communications Commission, and the National Telecommunications and Information Administration, consistent with 6 U.S.C. 124n(d)(2)(A)(iii) and section 8606(a)(4) of the SAFER SKIES Act.

(b) General requirement. An SLTT law enforcement or correctional agency exercising authority under 6 U.S.C. 124n(a)(2) may deploy only systems within technology categories listed on the Authorized Technologies List. When the Authorized Systems List has been populated for a given technology category, the agency may deploy only specific systems listed on the Authorized Systems List within that category, subject to the advance coordination requirements of § 124.9. For technology categories on the Authorized Technologies List for which the Authorized Systems List has not yet been populated, the agency may deploy specific systems within those categories provided that an operator holds Mitigation Certification covering that technology category and has completed manufacturer or vendor training on the specific system to be deployed, subject to the advance coordination requirements of § 124.9.

(c) Scope of the list requirement. When operating under the authorities or statutory reliefs in 6 U.S.C. 124n(a)(2), SLTT law enforcement or correctional agencies may employ only listed technology categories, and, where the Authorized Systems List is populated, listed systems. Technology that an SLTT law enforcement or correctional agency may lawfully employ without the authorities or reliefs provided by 6 U.S.C. 124n(a)(2) is not subject to the requirements of this section and remains available to agencies on the same basis as before the SAFER SKIES Act. The detection and warning training curriculum will address the distinction between technology categories subject to and not subject to this section.

(d) Mitigation technology and training alignment. An SLTT law enforcement or correctional agency may employ mitigation systems only in those technology categories covered by the NCUTC mitigation courses completed by its mitigation-certified personnel. NCUTC may create an additional mitigation module covering the technology category when a new technology category is added to the Authorized Technologies List. Mitigation-certified personnel who completed the NCUTC mitigation course prior to the addition of this new content must successfully complete additional NCUTC training on the new technology category prior to using any system on the Authorized Systems List under that category.

(e) Scope of interception authority. Systems may be used to intercept communications to or from an unmanned aircraft or UAS only to the extent necessary to support an action described in 6 U.S.C. 124n(b)(1). Any interception, acquisition, maintenance, use of, or access to communications to or from an unmanned aircraft or UAS under this section must be conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law.

(f) Maintenance of the lists. The Authorized Technologies List and Authorized Systems List, including the criteria and procedures for evaluating, listing, renewing, suspending, and removing technology categories and systems, are established and maintained through the interagency process described in 6 U.S.C. 124n(d)(2)(A)(iii) and section 8606(a)(4) of the SAFER SKIES Act. The Authorized Systems List is updated by that interagency process and published on the designated interagency C-UAS portal. Each RF-emitting system listed on the Authorized Systems List will have completed a system-level spectrum evaluation through the interagency process before listing, addressing potential interference with non-Federal spectrum users, compatibility with Federal spectrum users, and potential interference with aviation safety systems. System-level evaluations are reviewed and renewed at intervals determined through the interagency process and upon any system change to its operating capabilities, functions, radio frequency characteristics, or power levels that may alter its radio frequency characteristics, capabilities, functions, or assessed configurations. Minor updates that do not alter a system's performance, capabilities, functions, radio frequency characteristics, or assessed configurations do not require renewed evaluation.

(g) Emergency suspension. Upon receipt of an emergency suspension notice issued through the interagency process for the Authorized Technologies List and Authorized Systems List, an SLTT law enforcement or correctional agency must immediately cease deployment of the affected system or technology category. Grounds for emergency suspension include discovery of a critical safety defect, identification of a supply chain compromise or cybersecurity vulnerability, a determination that a system's radio frequency characteristics differ materially from those evaluated during spectrum evaluation, or a finding by any agency participating in the interagency process that continued deployment poses an unacceptable risk. The SLTT law enforcement or correctional agency may not resume deployment of the affected system or technology category until the suspension is lifted or the system or category is restored to the applicable list, and the agency must comply with any conditions attached to the lifting of the suspension or the restoration of the system or category to the applicable list.