Rule2026-07585
Settlement Policy for Small Unmanned Aircraft System (UAS) Cases
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 17, 2026
Effective
April 17, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This notification announces Federal Aviation Administration (FAA)'s new Drone Expedited and Targeted Enforcement Response (DETER) Program to expedite and increase enforcement actions against small Unmanned Aircraft System (UAS) operators who violate Federal Aviation Administration regulations. The program establishes prompt settlement procedures for certificated and noncertificated UAS operators who are individuals, first-time violators, and meet the eligibility provisions of the policy. This policy will incentivize drone operators to follow FAA regulations, deterring clueless, careless, and criminal violations of UAS regulations by incentivizing violators to admit to liability and waive lengthy appeals processes in exchange for reduced fees. This policy effectuates President Trump's Executive Order directing zealous enforcement of UAS laws and regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 74 (Friday, April 17, 2026)</title>
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[Federal Register Volume 91, Number 74 (Friday, April 17, 2026)]
[Rules and Regulations]
[Pages 20578-20579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07585]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 48, 61, 89, 91, 107, 135, and 137
Settlement Policy for Small Unmanned Aircraft System (UAS) Cases
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notification of enforcement policy.
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SUMMARY: This notification announces Federal Aviation Administration
(FAA)'s new Drone Expedited and Targeted Enforcement Response (DETER)
Program to expedite and increase enforcement actions against small
Unmanned Aircraft System (UAS) operators who violate Federal Aviation
Administration regulations. The program establishes prompt settlement
procedures for certificated and noncertificated UAS operators who are
individuals, first-time violators, and meet the eligibility provisions
of the policy. This policy will incentivize drone operators to follow
FAA regulations, deterring clueless, careless, and criminal violations
of UAS regulations by incentivizing violators to admit to liability and
waive lengthy appeals processes in exchange for reduced fees. This
policy effectuates President Trump's Executive Order directing zealous
enforcement of UAS laws and regulations.
DATES: This enforcement policy is effective April 17, 2026.
FOR FURTHER INFORMATION CONTACT: Nicole Zenerovitz, Manager, Aviation
Litigation Division, AGC-300, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; phone: 718-909-5863;
email: <a href="/cdn-cgi/l/email-protection#1f71767c70737a31657a717a6d7069766b655f797e7e31787069"><span class="__cf_email__" data-cfemail="bdd3d4ded2d1d893c7d8d3d8cfd2cbd4c9c7fddbdcdc93dad2cb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA's safety mandate under 49 U.S.C. 40103 requires the agency
to regulate aircraft operations in the National Airspace System,
including those involving UAS, to prevent aircraft collisions and
protect persons and property on the ground.
On June 6, 2025, President Trump issued the Restoring American
Airspace Sovereignty Executive Order (E.O.). Section 6 of the E.O.
requires steps to ensure full enforcement of applicable civil and
criminal laws when UAS operators endanger the public, violate
established airspace restrictions, or operate a drone in furtherance of
an element of another crime. This policy furthers FAA's compliance with
that order.
Pursuant to the E.O., on January 21, 2026, the FAA issued FAA Order
2150.3C, Change 13, Compliance and Enforcement Bulletin No. 2026-1 (UAS
Enforcement C&E Bulletin). The UAS Enforcement C&E Bulletin requires
mandatory legal enforcement action for all UAS operations that endanger
the public, violate established airspace restrictions, or are in
furtherance of an element of another crime.
The FAA investigates UAS violations and takes appropriate action
based on guidance in FAA Order 2150.3C, FAA Compliance and Enforcement
Program, and FAA Order 8000.373C, Federal Aviation Administration
Compliance Program. Prior to the issuance of the UAS Enforcement C&E
Bulletin, the FAA used compliance actions to resolve UAS cases when UAS
operators acted carelessly and were willing and able to comply with the
Federal Aviation Regulations. After the issuance of the UAS Enforcement
C&E Bulletin, most UAS violations are no longer eligible for compliance
actions and must be handled with legal enforcement action.
When legal enforcement action is pursued for a UAS-related
violation, the Flight Standards Service, Office of General Aviation
Safety Assurance (AFG) investigates the apparent violation and develops
an enforcement investigative report (EIR), which is subject to AFG
management review. If AFG management deems the EIR sufficient, it
transmits the EIR to the Office of the Chief Counsel's Aviation
Litigation Division (AGC-300). AGC-300 reviews the EIR to ensure, among
other things, evidentiary sufficiency and compliance with law and
policy. If legal enforcement is appropriate, AGC-300 issues a Notice of
Proposed Civil Penalty, Notice of Proposed Certificate Action, or
Emergency Order of Revocation, depending on the circumstances. This
process, while necessary to ensure fairness and legal sufficiency,
delays prompt enforcement of FAA regulations relating to UAS
operations. Accordingly, the FAA is issuing this procedure for prompt
settlement to streamline the legal enforcement action process for UAS-
related cases to deter UAS-related violations better and enhance
aviation safety while ensuring UAS operators' due process rights are
protected.
Policy Statement
The FAA's DETER Program outlined in this notification will
accelerate and increase enforcement actions against UAS operators who
violate FAA regulations by allowing eligible
[[Page 20579]]
operators of small UAS, as defined in 14 CFR 1.1, to pay a
significantly reduced civil penalty or serve a significantly reduced
certificate suspension period, as applicable, in exchange for quickly
resolving the matter and paying the reduced civil penalty or submitting
to the reduced suspension period. As an exercise of its prosecutorial
discretion, the FAA will determine the locations and times for which
the DETER Program will apply to otherwise eligible UAS operations. The
program will initially focus on select locations during periods in
which a high volume of UAS operations are expected. Operations in
locations and times not covered by the DETER Program are subject to the
FAA's regular legal enforcement action process.
Under the new DETER Program, the FAA will send a Violation Notice
to eligible UAS operators. The Violation Notice will be issued to the
UAS operator via Federal Express and email, if known. The FAA will use
the following email address to send the notice: <a href="/cdn-cgi/l/email-protection#3b6e7a6875544f52585e7b5d5a5a155c544d"><span class="__cf_email__" data-cfemail="1f4a5e4c51706b767c7a5f797e7e31787069">[email protected]</span></a>.
The Violation Notice will state the EIR Number, Investigator Name,
Date of Issuance, Date and Time of Offense, Place of Offense, 14 CFR
Offenses Violated,\1\ and Identifying Information for the UAS operator.
The Violation Notice will provide the UAS operator with the option to
elect to continue pursuant to the FAA's DETER Program or to continue
under the FAA's regular legal enforcement action process. The Violation
Notice will state the civil penalty amount or certificate suspension
period proposed and any corrective actions that the UAS operator is
required to complete. The Violation Notice will have an instructions
page explaining the program, the two options available to the UAS
operators, and what each option entails. The Violation Notice will
provide an email address for UAS operators to contact if they elect to
participate in the DETER Program. The Violation Notice will explain
that if any of the information provided is fraudulent or false, then
the UAS operator will be subject to the FAA's regular legal enforcement
action process for making a fraudulent or false statement to the FAA,
the offer to participate in the DETER Program will be rescinded, and
the FAA will take any other appropriate enforcement action. If the case
involves a certificated airman, the Violation Notice will also provide
the timely written notification required by the Pilots Bill of Rights,
Public Law 11-152, as amended by Public Law 118-63, enacted May 16,
2024 (codified at 49 U.S.C. 44703 note).
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\1\ The Violation Notice will not list all possible 14 CFR
offenses violated. If the UAS operator elects to proceed with the
regular legal enforcement action process, additional regulatory
violations may be alleged as part of that action.
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If the UAS operator elects not to proceed with the DETER Program,
the FAA will pursue regular legal enforcement action as described in
the Background section.
If the UAS operator elects to proceed with the DETER Program, they
will be required to return the signed form and take the applicable
action, which may be topay the civil penalty at <a href="http://www.pay.gov">www.pay.gov</a>, to
surrender their airman certificate and serve the suspension, or to
complete the corrective action, all within 10 days of its issuance. The
UAS operator must attach proof of payment of the civil penalty and
proof of completion of the corrective actions required, if any. If the
UAS operator is a certificated airman, they must also surrender their
remote pilot certificate to the address provided in the Violation
Notice. By signing the Violation Notice, the UAS operator certifies
under penalty of perjury that they paid the proposed civil penalty
amount, surrendered their certificate, and completed the required
corrective action, as applicable. If the UAS operator elects to
participate in the DETER Program, the Violation Notice will constitute
a finding of violation and will be considered a violation history. By
participating in the DETER Program, UAS operators waive all rights to
appeal or otherwise seek review of the Violation Notice. They also
agree (1) not to initiate any litigation under any regulatory or
statutory provision, including, but not limited to, the Equal Access to
Justice Act, to collect any fees or costs they may have incurred
arising from the matter, (2) not to seek review of the validity or
amount of the debt owed by them to the United States of America, and
(3) to waive any potential causes of action against the FAA, its
employees, and agents, past and present, whether in their official or
personal capacities, arising out of the matter. If the UAS operator
elects to participate in the DETER Program and fails to return the
signed Violation Notice or to take the appropriate action--whether to
pay the amount due, surrender their airman certificate, or complete the
required corrective action--within 10 days of the issuance of the
Violation Notice, the FAA may proceed with the regular legal
enforcement action process.
Generally, the DETER Program may be used to address operational
violations. The DETER Program will only be available to individuals who
are first-time violators of UAS provisions, and a UAS operator can only
participate in the DETER Program once. The DETER Program will not be
used in cases involving the following categories of violations:
<bullet> Alcohol or drug-related offenses;
<bullet> Weaponized drones;
<bullet> Operations involving criminal activity unrelated to
regulatory violations (e.g., the carriage of narcotics, assault,
photographing sensitive military installations, harassment);
<bullet> Operations involving a Temporary Flight Restriction (TFR)
issued under Part 91.141;
<bullet> UAS operations involving particularly egregious conduct;
or
<bullet> UAS operations demonstrating a lack of qualifications to
hold a remote pilot certificate.
The DETER Program is expected to streamline the enforcement process
to allow for a quicker resolution of UAS operational violations, thus
providing stronger deterrence against UAS-related violations and
enhancing aviation safety and security.
The FAA retains prosecutorial discretion to determine that a
specific alleged violation is not eligible to participate in this
program and nothing in this policy or notice will require the FAA to
offer the DETER Program to in such a case.
Issued in Washington, DC, on April 15, 2026
William McKenna,
Chief Counsel.
[FR Doc. 2026-07585 Filed 4-15-26; 4:15 pm]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on April 17, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.