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.
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