Airport Alert: AAAE Submits Comments on Interim Final Rule on C-UAS Detection and Mitigation Authorities
September 8, 2026
Last Friday, AAAE submitted comments in response to the Department of Homeland Security (DHS) and Department of Justice’s (DOJ) interim final rule (IFR), “Counter-UAS Authority for State, Local, Tribal, and Territorial (SLTT) Law Enforcement Agencies and Correctional Agencies,” that was published on July 6. The IFR codifies the framework for how SLTT law enforcement agencies may conduct counter unmanned aircraft system (C-UAS) operations to protect facilities, public venues, and critical infrastructure, including airports, in accordance with the authority granted under the SAFER SKIES Act.
Airport operators and their law enforcement partners work daily to protect the airspace around airport facilities from rogue or careless UAS operations that could cause significant harm to an aircraft and endanger lives. AAAE has long supported congressional action to move the FAA, federal security agencies, and industry stakeholders toward a more permanent framework for protecting airports and other critical infrastructure sites from the threat of drones.
The SAFER SKIES Act, which was signed into law in December 2025, was an important step forward in helping airports and their law enforcement partners manage these risks. Instead of only allowing certain federal agencies to engage in C-UAS operations, the law provided SLTT law enforcement agencies with the authority to detect (by passive or active, direct or indirect physical, electronic, radio, or electromagnetic means, and through the use of a remote identification broadcast) and mitigate credible threats that UAS pose to the safety and security of people, facilities, and assets under certain conditions. These conditions include receiving specific training, using an authorized technology or system, complying with rules regarding privacy protection, and in the case of mitigation, promptly notifying DHS and DOJ.
In July, DHS and DOJ, in conjunction with their interagency partners, developed a regulatory framework to allow SLTT law enforcement agencies to exercise the authorities provided to them under the SAFER SKIES Act. While the IFR took effect on July 1, the departments sought comments on the various requirements outlined in the IFR that govern training and certification, authorized technologies, spectrum coordination, airspace approval, real-time traffic management, mitigation reporting, privacy protections, and compliance.
In response to the IFR, AAAE submitted comments to DHS and DOJ based on feedback we received from some of our airport members. Our letter and feedback focused on two major objectives:
- First, we urged the departments to clarify that the IFR does not affect the authority of airport operators to use their existing UAS detection equipment if such systems have already been operating in accordance with applicable federal law (e.g., Wiretap Act, Pen Register and Trap and Trace Statute). Airport personnel who are not SLTT law enforcement agency staff should be able to continue using these systems without being subject to the IFR and consistent with current practices.
- Second, we urged the departments to adopt several changes aimed at promoting the ability for SLTT law enforcement agencies to exercise the C-UAS authority in the SAFER SKIES Act, including increasing DOJ’s capacity to train personnel to conduct mitigation operations; explaining the standards being used to evaluate C-UAS systems and ensure no negative disruptions to airport operations; providing more clarity on the advance coordination, notification, and authorization process; and better information sharing about C-UAS operations near airport facilities.
To review AAAE’s submission in more detail, here is a link to our filed comments.
