§124.12. Detection and warning operations. — Inbound Citations

(b) 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.

(a) Each mitigation operation, and each detection and warning operation conducted under this part using systems that require the authority of, or relief from certain laws under, 6 U.S.C. 124n, must be authorized by a C-UAS Operations Plan signed by the agency's Agency Approving Official. Section 124.12 sets out the conditions specific to detection and warning operations. The signed C-UAS Operations Plan is the instrument authorizing the operation on behalf of the SLTT law enforcement or correctional agency and certifies that the operation is consistent with the agency's implementation or detection and warning policy, that the operators are agency personnel who hold the required training and certification, and that the risk-based assessment factors of paragraph (e) of this section have been addressed. The agency may not commence mitigation operations until both the advance coordination process under § 124.9 and the signed C-UAS Operations Plan are complete.