§124.11. Real-time air traffic control notification. — Inbound Citations

(b) An SLTT law enforcement or correctional agency, or its personnel authorized to take mitigation actions under 6 U.S.C. 124n(a)(2), that knowingly engages in such actions without Federal coordination as required by 6 U.S.C. 124n and the SAFER SKIES Act, including the advance coordination required by § 124.9, the real-time air traffic control notification required by § 124.11, and the post-action notification to the Attorney General and the Secretary of Homeland Security required by 6 U.S.C. 124n(d)(2)(C) and implemented by § 124.13(a), may be subject to a civil fine of up to $100,000 per violation, or suspension of C-UAS authority pending review by the Attorney General or the Secretary of Homeland Security, as provided in section 8605(f) of the SAFER SKIES Act. Civil penalties will be assessed in accordance with graduated penalty levels proportionate to the severity of the violation and the factors set forth in this part, including the agency's compliance history, the availability and quality of compliance assistance from Federal partners, whether the violation resulted in actual harm, and whether the agency took prompt corrective action. A civil penalty will not be assessed for a first violation of a procedural reporting or notification requirement when the agency demonstrates a good-faith effort to comply and voluntarily self-reports the deficiency. Violations of requirements of this part other than the Federal coordination requirements described in this paragraph do not give rise to civil penalties under section 8605(f) of the SAFER SKIES Act; they are addressed through the compliance audit program of this section, certification and accreditation suspension under § 124.5, and any other remedy available under law.

(g) When a credible threat poses an imminent risk to human life and advance coordination under this section is not practicable, an SLTT law enforcement or correctional agency may take mitigation action. The agency must complete the notifications required by this section as soon as practicable, and in any event within two hours of the action. If the mitigation action involves an RF-emitting C-UAS system, the agency must additionally comply with the real-time notification requirements of § 124.11. Each invocation of this exception must be documented in the post-operation report with a specific explanation of why advance coordination was not feasible. This exception may not be invoked as a routine alternative to advance coordination, and a pattern of repeated invocations may result in compliance review under § 124.16, accreditation or certification suspension, and penalties under section 8605(f) of the SAFER SKIES Act. The compliance audit program will establish the criteria for identifying patterns of emergency invocations that warrant review.