§ 124.10 Interagency and lead-agency coordination.
(a) Early coordination and notice of intent. For operations in support of National Special Security Events, events rated Special Event Assessment Rating 1 through 3, or other events where Federal C-UAS operations are anticipated, an SLTT law enforcement or correctional agency should notify the local FBI field office of its intent to provide C-UAS coverage as early as practicable and before the 30-day advance notification standard of § 124.9. The designated Federal C-UAS coordination portal includes a notice-of-intent function that allows an agency to register its intent to cover a future event without completing the full advance notification. A notice of intent is informational only and does not trigger the advance coordination process, the Federal Aviation Administration or Federal Communications Commission review, or any timeline obligation.
(b) Special event coordination. When the Federal Bureau of Investigation receives an SLTT law enforcement or correctional agency advance notification or notice of intent for an event at which Federal C-UAS operations are also planned or under consideration, the Federal Bureau of Investigation will present the notification to the interagency C-UAS coordination process maintained by the Department of Justice and the Department of Homeland Security, will serve as the conduit for SLTT law enforcement and correctional agency equities in that process, and will communicate the results to the SLTT law enforcement or correctional agency, including any Federal operational parameters or deconfliction requirements that may affect the SLTT law enforcement or correctional agency C-UAS operation. The interagency coordination process does not approve or disapprove SLTT law enforcement or correctional agency C-UAS operations.
(c) Tactical coordination under a lead C-UAS agency. An SLTT law enforcement or correctional agency conducting C-UAS operations at an event or location for which a lead C-UAS agency has been designated must operate under the tactical coordination of the lead C-UAS agency for the duration of the event. Tactical coordination includes the assignment of system deployment locations, operating frequencies, detection and mitigation sectors, ground intercept team sectors, render safe locations, communications channels, and risk to persons and property on the surface or in the air. The SLTT law enforcement or correctional agency's C-UAS Operations Plan for the event must be developed in coordination with the lead C-UAS agency and must conform to the lead agency's overall C-UAS operational framework for the event. An SLTT law enforcement or correctional agency coordinating with a lead C-UAS agency acts under its own certified authority under 6 U.S.C. 124n(a)(2); tactical coordination merely integrates the SLTT law enforcement or correctional agency C-UAS operation into a unified C-UAS posture. Where geographic responsibilities are divided among multiple Federal agencies, the SLTT law enforcement or correctional agency must coordinate with the sector-level lead Federal agency responsible for the geographic area in which the SLTT law enforcement or correctional agency intends to operate. Whenever Federal and SLTT operations will be conducted at the same event, or whenever the Federal and SLTT operations will overlap in geographic area and time, the Federal agency will be the lead C-UAS agency. An SLTT law enforcement or correctional agency may serve as the lead C-UAS agency only where multiple SLTT agencies are operating in the same area and no Federal agency is involved.
(d) Coordination required. An SLTT law enforcement or correctional agency that does not accept tactical coordination by the designated lead C-UAS agency may not conduct C-UAS operations, including detection and warning operations using systems requiring the authority of and relief from certain laws under the Act, within the geographic area and time period covered by the lead-agency designation.
(e) Overlapping SLTT operations. When the Federal Bureau of Investigation and Department of Homeland Security receive advance notifications from two or more SLTT law enforcement or correctional agencies for C-UAS operations that overlap in geographic area and time, the Federal Bureau of Investigation and Department of Homeland Security will notify all affected SLTT law enforcement and correctional agencies of the overlap. The affected agencies must designate a lead C-UAS agency for the overlapping area and time period, or establish a joint operational coordination arrangement, before any agency commences mitigation operations in the overlapping area. The designation or arrangement must be documented and provided to the Federal Bureau of Investigation and Department of Homeland Security. If the agencies cannot reach agreement within 48 hours of the Federal Bureau of Investigation and Department of Homeland Security's notification, the Federal Bureau of Investigation and Department of Homeland Security may designate operational parameters for the overlapping area, including frequency deconfliction assignments and geographic boundaries for each agency's mitigation operations.
(f) Deconfliction direction. If the deconfliction process identifies a conflict between a planned SLTT law enforcement or correctional agency C-UAS operation and an ongoing or planned Federal C-UAS, law enforcement, or national security operation that cannot be resolved through coordination, the Department of Justice, acting through the Federal Bureau of Investigation and in coordination with the Department of Homeland Security, may direct the SLTT law enforcement or correctional agency to modify the operational parameters of, or postpone, the planned operation until the conflict is resolved.
(g) Emergency exception preserved. This section does not affect an SLTT agency's authority to respond to an imminent risk to human life under § 124.9(g), including at an event with a designated lead C-UAS agency; however, the agency must notify the lead C-UAS agency immediately upon taking emergency action and must coordinate with the lead agency as soon as practicable thereafter.
(h) The requirements in paragraphs (a) through (g) of this section are established under the Attorney General's oversight authority pursuant to 6 U.S.C. 124n(d)(1) and the coordination obligations of 6 U.S.C. 124n(b)(4) and (d)(3); they do not transfer or diminish the SLTT agency's statutory authority and relief from certain laws under 6 U.S.C. 124n(a)(2).