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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 provides 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. This amendment to the rule will remove the requirement for DoD to gain Department of Homeland Security (DHS) and Department of Transportation (DOT) permission prior to implementing ESCAT. In addition to administrative changes, this regulatory action updates the Emergency Air Traffic Priority List (EATPL) to include ten priorities providing DoD greater flexibility in administrating restrictions and lessening the impact to civil air traffic.

The amendments made by this rule are administrative in nature or streamline agency management processes. DoD has determined that good cause exists for exemption from public comment as the published change to 32 CFR part 245 is in direct compliance with current Presidential Directives, does not set a precedent in updating the national Plan, and any delay in acting on this request would be detrimental to U.S. aviation security and national commerce.