A federal rule that would give trained state, local, tribal and territorial (SLTT) law enforcement and correctional agencies formal authority to detect, track, disable or seize threatening drones closes for public comment on September 6, 2026, according to DRONELIFE. The Interim Final Rule, published by the Department of Homeland Security (DHS) and Department of Justice (DOJ), is the first detailed implementing regulation for counter-unmanned aircraft system (C-UAS) powers created under the SAFER SKIES Act, part of the FY2026 National Defense Authorization Act.
Certification, Training and Two Approved-Systems Lists
The rule sets out training and certification requirements, reporting procedures and operational safeguards for agencies seeking to conduct counter-drone operations against credible threats to public safety, critical infrastructure, correctional facilities or major public events. It also establishes an Authorized Technologies List and a more specific Authorized Systems List, both to be maintained through the FBI’s Law Enforcement Enterprise Portal, identifying which categories and specific counter-UAS products agencies may lawfully deploy.
FCC Actions Address Spectrum and Legal Liability
Alongside the DHS/DOJ rule, the Federal Communications Commission issued four coordinated actions intended to remove practical barriers to deployment. These include a 180-day blanket Special Temporary Authority letting eligible agencies operate approved counter-UAS systems while longer-term licensing is developed, an equipment-authorization waiver allowing manufacturers to sell approved radio-frequency systems to qualified agencies sooner, and declaratory rulings clarifying that SLTT personnel acting under the Act’s oversight can receive derivative immunity from Section 333 of the Communications Act, which otherwise prohibits interference with licensed radio communications.
Guardrails Remain in Place
The frameworks do not authorize unrestricted counter-drone activity. Agencies must still meet federal certification requirements, use only systems on the Authorized Systems List, follow operational restrictions written into the SAFER SKIES Act, and report qualifying mitigation actions to federal authorities. With the comment period closing today, stakeholders across the public safety, drone and counter-UAS industries have had a final opportunity to weigh in before the rule is finalized.
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