SAFER SKIES ACT Interim Final Rule Effective July 1, 2026

The Homeland Security Department and the Justice Department in Washington D.C. issued an Interim Final Rule (IFR)  published in the Federal Register on July 6, 2026, 91 FR 41466, entitled Counter-UAS Authority for State, Local, Tribal, and Territorial Law Enforcement and Correctional Agencies. This interim final rule is effective July 1, 2026.

This IFR codifies the framework for implementing the SAFER SKIES Act, which legislation was enacted on December 18, 2025 as part of the Fiscal Year 2026 National Defense Authorization Act. The IFR authorizes State, local, Tribal, and territorial law enforcement or correctional (“SLTT”) agencies to conduct counter-unmanned aircraft system (“C-UAS”) operations, including detection and mitigation. The framework established in the IFR governs training and certification of authorized law enforcement and correctional personnel (including a two-tiered structure for detection and warning operations and for mitigation operations). It also establishes authorized C-UAS technologies and systems, spectrum coordination, airspace approval, real-time air traffic control notification, mitigation reporting, privacy protections, and compliance requirements for SLTT agencies in relation to the exercise of C-UAS authority.

The IFR also invites all interested parties to submit written data, views, comments, and arguments regarding all aspects of this IFR. The deadline for comments is September 4, 2026. Comments may be submitted electronically through the electronic Federal Docket Management System (“FDMS”) at https://www.regulations.gov until 11:59 p.m. Eastern Time on that date.

FAA Extends Comment Period for the Proposed Rule To Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility

 

As noted in a previous post here, the Department of Transportation's (DOT) Federal Aviation Administration (FAA) in Washington DC issued a Notice of Proposed Rulemaking (NPRM)  published in the Federal Register on May 6, 2026, 91 FR 24650, entitled Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility. This NPRM proposes rules that  would implement section 2209 of the FAA Extension, Safety and Security Act of 2016 by establishing a process for operators and proprietors of certain fixed site facilities to request and maintain an unmanned aircraft flight restriction (UAFR); criteria to demonstrate the UAFR is necessary for: aviation safety, protection of people and property on the ground, national security, or homeland security; and identified the types of operations allowed in the UAFR. The NPRM established a comment period for the public regarding the proposed rule that was open until July 6, 2026. 

However, the FAA has now  issued a document entitled Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility; Extension of Comment Period which was published in the Federal Register on June 30, 2026, 91 FR 39568. The FAA has now extended the comment period for the NPRM published on May 6, 2026, at 91 FR 24650, and scheduled to close on July 6, 2026, until August 5, 2026.  The FAA stated that the purpose of this extension was to allow commenters additional time to analyze the proposed rule and prepare a response.