VAI/Mark Bennett Image Counter-UAS and the ever-evolving low-altitude airspace Inside the US DHS, DOJ rulemaking on cUAS and VAI’s position on several items. By Amber Harrison The US Departments of Homeland Security (DHS) and Justice (DOJ) have jointly issued an interim final rule implementing the new counter–unmanned aircraft system (cUAS) authority granted to eligible state, local, tribal, and territorial (SLTT) law enforcement and correctional agencies under the 2025 National Defense Authorization Act. The rule became effective Jul. 1, 2026, with a public comment period open through Sep. 4, 2026. Overall, the rule establishes a structured framework intended to expand cUAS capabilities while maintaining federal oversight and aviation safety coordination. For the vertical aviation community, it represents an important step toward integrating cUAS operations into the National Airspace System (NAS) rather than treating them solely as a local law enforcement function. Among the most notable provisions, the rule establishes two distinct certification levels: Agencies may conduct drone detection, identification, and tracking after completing standardized online training, while agencies seeking authority to mitigate drones (through actions such as jamming, taking control of, disabling, or destroying an aircraft) must complete a significantly more rigorous, Federal Bureau of Investigation–led national training program and meet additional oversight requirements. The rule also emphasizes aviation safety. Mitigation operations require advance coordination with the FAA, aviation safety reviews, and near–real-time notification to air traffic control (ATC) whenever mitigation activities occur. Only government-authorized cUAS technologies may be used, through newly established authorized technology and authorized systems lists, and any system emitting radio frequency energy must also receive appropriate authorization through the Federal Communications Commission. The framework further includes privacy protections, data minimization requirements, audit trails, and enforcement mechanisms, including suspension of authority, decertification, and civil penalties for agencies that fail to comply with the rule. While the framework is comprehensive, VAI believes several topics may warrant additional discussion during the comment period from the perspective of the vertical aviation industry. UAS mitigation activities occurring near helicopter operations, for example, could themselves become aviation hazards. Additional coordination with local helicopter operators, including notification procedures for dispatch centers, consideration of published helicopter routes, integration into local operational planning, and prioritization for critical missions could further strengthen aviation safety. Similarly, although the rule appropriately considers “manned aviation” broadly, it does not fully distinguish between traditional (+400 ft. AGL) fixed-wing operations and aircraft that routinely operate below 400 ft. AGL, where helicopters frequently conduct missions and where eVTOL aircraft expect to operate in the future. The cUAS rule also arrives as the FAA continues to develop future rulemaking for routine beyond visual line of sight (BVLOS) operations under Part 108. As those operations become more common, additional clarification may be needed regarding how authorized UAS operations should be coordinated before being identified as a “credible threat” requiring mitigation. More objective guidance surrounding the definition of a credible threat could improve consistency among jurisdictions while reducing the potential for unintended disruption of lawful operations. Looking ahead, additional coordination between the DHS, DOJ, FAA, and industry could further enhance the framework through standardized ATC phraseology, consideration of temporary mitigation notifications or NOTAM procedures where appropriate, and operational guidance for emerging advanced air mobility corridors and urban low-altitude routes. Likewise, emergency aviation missions (including aerial firefighting, air ambulance services, search and rescue, disaster response, and public safety operations) may benefit from explicit operational considerations to ensure that cUAS activities do not inadvertently interfere with time-critical missions. As both cUAS capabilities and advanced aviation continue to evolve, maintaining close coordination between public safety agencies, regulators, and the aviation community will be essential. This interim rule provides a solid foundation, and the accompanying comment period offers an important opportunity to further refine how cUAS operations safely coexist alongside the expanding range of low-altitude aviation operations across the NAS. Make your voice heard by filing your own comments, by Sep. 4. Amber Harrison is VAI’s director of regulatory affairs.
