§ 124.1 Purpose and scope.
(a) Purpose. This part implements the authority of the Secretary of Homeland Security and the Attorney General to develop the governance framework for the exercise of all counter-unmanned aircraft system (C-UAS) actions by State, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies and their personnel under 6 U.S.C. 124n(a)(2), as amended by the SAFER SKIES Act. The purpose of actions taken under this authority is to detect, identify, monitor, track, warn, and, if necessary, mitigate credible threats posed by unmanned aircraft or unmanned aircraft systems (UAS) to the safety or security of people, facilities, or assets; a venue or set of venues used for large-scale public gatherings or events; critical infrastructure; or a correctional facility.
(b) Scope. This part applies to all SLTT law enforcement and correctional agencies, and their personnel seeking to exercise or exercising authority under 6 U.S.C. 124n(a)(2). This part does not govern Federal agency operations under 6 U.S.C. 124n(a)(1), nor deputized SLTT personnel conducting C-UAS as part of an FBI C-UAS task force, which are subject to separate policies and guidance. An SLTT law enforcement or correctional agency that conducts only detection and warning operations using systems the operation of which requires the authority of the Act or the relief it provides from certain laws is subject principally to 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.
(c) Relationship to other laws. As provided in 6 U.S.C. 124n(a)(2), actions taken by SLTT law enforcement and correctional agencies and their personnel in compliance with this part may be taken notwithstanding section 46502 of title 49, United States Code, and sections 32, 1030, and 1367 and chapters 119 and 206 of title 18, United States Code, and notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction. Nothing in this part vests in the Secretary of Homeland Security or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration.
(d) Comprehensive framework. This part establishes the complete framework governing the exercise of authority under 6 U.S.C. 124n(a)(2), including the training and certification procedures required by 6 U.S.C. 124n(d)(2)(A) and the guidance required by 6 U.S.C. 124n(d)(1) on the matters this part addresses. An SLTT law enforcement or correctional agency and its personnel exercising authority under 6 U.S.C. 124n(a)(2) must conduct operations in accordance with this part. The Attorney General, the Secretary of Homeland Security, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration may issue forms, templates, curricula, and other implementing materials under this part to the extent consistent with law. Where any implementing material addresses a matter also addressed by this part, this part controls. Nothing in this part limits the authority of the Secretary of Homeland Security, the Attorney General, or the Secretary of Transportation to issue guidance under 6 U.S.C. 124n(d)(1) in their respective areas.
(e) Parallel regulations. Consistent with section 8606(a)(1) of the Act, identical implementing regulations appear at 6 CFR part 124 and 28 CFR part 124. The Department of Homeland Security and Department of Justice administer and interpret their respective regulations with respect to their own programs, activities, and solely held authorities. Any description in these regulations of the other Department's programs, activities, or solely held authorities is provided for context and does not itself govern the other Department's exercise of its statutory authorities.