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DOD/OS RIN: 0790-AK83 Publication ID: Fall 2019 
Title: ●Plan for the Emergency Security Control of Air Traffic (ESCAT) 

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.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 32 CFR 245   
Legal Authority: 10 U.S.C. 301   
Legal Deadline:  None
Action Date FR Cite
NPRM  04/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
James M. Graham
DAFC, NORAD Airspace Branch, N/J35C
Department of Defense
Office of the Secretary
250 Vandenberg Street, Room B062,
Peterson, CO 80914
Phone:719 554-1507