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§124.2. Definitions. — Inbound Citations

28 C.F.R. § 124.2

Cited by 2 regulations in release Current.

Citations to 28 C.F.R. § 124.2 as a whole

  • (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.
  • (1) Designate an Agency Approving Official meeting the requirements of § 124.2;