View Rule

The rule was last updated on October 20, 2006 (71 FR 61889) and contains the national plan for Emergency Security Control of Air Traffic (ESCAT) used during national defense situations. The rule will be amended to provide DoD the necessary authority to implement ESCAT during all phases of conflict (prior to and after an Air Defense Emergency (ADE)) to enhance national defense preparedness and response. ADE is defined as a situation when attack is probable, imminent or taking place. For the intent of ESCAT to be met effectively, the DoD must possess the authority to direct implementation prior to activity which rises to the level of a declared ADE. Exercises conducted by North American Aerospace Defense Command have demonstrated that this lack of authority under the current rule hinders the DoD's ability to appropriately prepare the battle space in response to the situation. This amended rule will remove the requirement for DoD to gain Department of Homeland Security (DHS) and Department of Transportation DOT permission.

The amendment of 32 CFR part 245 supports a recommendation of the DoD Regulatory Reform Task Force.