§124.13. Post-operation reporting. — Inbound Citations

(d) Mitigation actions that do not involve radio frequency-emitting systems do require notification under this section unless the Department of Transportation or Federal Aviation Administration's applicable notification procedures established under this section provide otherwise. Such actions remain subject to the advance coordination and post-operation reporting requirements of §§ 124.9 and 124.13.

(d) The 48-hour reporting requirement of § 124.13 does not require per-event reporting of detection and warning operations. Each SLTT law enforcement or correctional agency conducting detection and warning operations under this section must report detection activity in the semiannual operational summary required by § 124.13, including the detection systems deployed by Authorized Technologies List category, the locations at which systems were deployed, the total number of detection events recorded, instances of retention of records of communication beyond 180 days, and any data-sharing arrangements. A physical seizure or confiscation under 6 U.S.C. 124n(b)(1)(E) that results from a detection and warning operation is a 6 U.S.C. 124n action, but it is documented through the agency's normal evidence-handling procedures and is not separately reported under this part. The recovery of a crashed or abandoned unmanned aircraft that does not involve the use of 6 U.S.C. 124n authority is not a 6 U.S.C. 124n confiscation and is not subject to the reporting requirements of this part.

(b) Before taking any mitigation action, personnel must reasonably determine, under the totality of the circumstances, that a credible threat exists, as defined in § 124.2. The determination must be made in real time by the certified and trained personnel closest to the operational situation and documented as part of the post-operation report required by § 124.13. An established pattern of unauthorized UAS activity at a specific location is relevant to the totality of the circumstances and may, in combination with a contemporaneous indicator—including, for example, a new detection event at the same location during a period consistent with the established pattern—support a credible threat determination. A contemporaneous indicator need not independently establish a threat. Considered with the totality of the circumstances, which may include an established pattern of unauthorized UAS activity, an intelligence indicator, or other contextual information, the contemporaneous indicator must provide a present-tense basis for concluding that the specific aircraft at issue poses a current risk. This operational standard governs individual mitigation decisions by authorized personnel in the application of reasonable force under the totality of the circumstances and does not limit the information or analysis that may be considered at the approval level in determining whether to authorize a C-UAS operation for a specific event or facility.

(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.