§124.7. Authorized technologies. — 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) An SLTT law enforcement or correctional agency that holds current accreditation under this part may conduct operational acceptance testing of acquired systems and systems under procurement consideration, on-the-job proficiency training, and interoperability training exercises to maintain C-UAS operational readiness. Testing and training do not and must not involve the mitigation of a credible threat and are not conducted under the authority of 6 U.S.C. 124n(a)(2). The operation of RF-emitting systems during testing and training is conducted under applicable Federal Communications Commission authorization and Federal Aviation Administration coordination requirements, and only against controlled test targets owned or operated by, or operated with the consent of, the SLTT law enforcement or correctional agency. An SLTT law enforcement or correctional agency acting pursuant to this section may utilize only authorized technologies under § 124.7. The SLTT law enforcement or correctional agency is responsible for verifying that all necessary Federal Aviation Administration authorizations or regulatory relief for operation of any unmanned aircraft or UAS, including unmanned aircraft or UAS forming part of a C-UAS system, have been obtained prior to any testing, training, or exercises. Compliance with this section is a condition of maintaining certification and accreditation under this part.

(2) Prohibited circumvention includes using an accredited agency as a nominal sponsor while a non-accredited agency, contractor, vendor, or other entity exercises de facto operational control of C-UAS activity requiring the authority of or relief from certain laws under 6 U.S.C. 124n; allowing personnel who lack the certifications required by § 124.5 to exercise C-UAS authority; using systems outside the requirements of § 124.7; avoiding the coordination, reporting, privacy, sensitive-information, or compliance requirements of this part; or acquiring third-party intercepted communications in a manner inconsistent with § 124.14(i).