§124.8. C-UAS Operations Plan. — 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.

(3) The agency has adopted an implementation policy under § 124.6(a) or a detection and warning policy under § 124.6(g), has completed the applicable portal attestation, and has authorized the operation by a C-UAS Operations Plan under § 124.8; and

(a) An SLTT law enforcement or correctional agency exercising authority under 6 U.S.C. 124n(a)(2) may take actions described in 6 U.S.C. 124n(b)(1), which generally include detection, warning, and mitigation, that are necessary to address or eliminate a credible threat that a UAS or unmanned aircraft poses to the safety or security of people, a facility, or an asset; a venue or set of venues used for large-scale public gatherings or events; critical infrastructure; or a correctional facility. These statutory categories are functional and are not a prescribed list of property types. The determination of whether a specific property falls within these categories is made by the agency's Agency Approving Official, consistent with this part and 6 U.S.C. 124n. No “covered facility or asset” designation under 6 U.S.C. 124n(l)(3) is required for SLTT law enforcement or correctional agency operations; however, a risk-based assessment is required as part of the Operations Plan, as outlined in § 124.8. Whether the property falls within a section 124n(a)(2) category is a separate question from the credible threat determination. The credible threat determination required by paragraph (b) of this section must be made before any mitigation action.

(b) Before conducting any operations under this part, an SLTT law enforcement or correctional agency must adopt an agency implementation policy or detection and warning policy and complete the portal attestation in accordance with § 124.6, and must authorize each operation by a C-UAS Operations Plan in accordance with § 124.8, consistent with the other requirements and obligations of this part and applicable laws and policies.

(b) Each mitigation operation must also be authorized by a C-UAS Operations Plan in accordance with § 124.8. The agency may not commence mitigation operations until both the advance coordination process under this section and the signed C-UAS Operations Plan are complete. The SLTT law enforcement or correctional agency must also submit a comparable advance notification to the State if required by State law or policy.

(1) An individual C-UAS Operations Plan may authorize operations for a period not to exceed 30 consecutive calendar days, except as provided in paragraph (h)(2) of this section. For operations requiring a longer duration, the agency must submit a renewal plan before the expiration of the current operational window; the renewal plan may incorporate the prior plan by reference and address only material changes. The agency must submit a renewal plan, through the designated Federal C-UAS coordination portal under § 124.8(f), before the expiration of the current operational window.

(g) For recurring venue operations conducted under a standing operational window authorized by § 124.8(h), each discrete event within the authorization period must be reported separately.

(6) A standing operational window authorized under § 124.8(h) does not itself constitute an ongoing security operation for purposes of the retention exception; that exception applies only when a specific, identified threat or other intelligence justifies continued retention of specific records to support a discrete protective objective, and the 90-day review must assess whether the specific security basis for retention continues to exist.