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DOD/OS RIN: 0790-AK83 Publication ID: Fall 2021 
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 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.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 245   
Legal Authority: 5 U.S.C. 301    5 U.S.C. 552    E.O. 11161    E.O. 11382    E.O. 12656   
Legal Deadline:  None
Action Date FR Cite
Final Action  01/00/2022 
Additional Information: Related Issuance: DoDI 5030.36 published on 09/06/2018
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:
Steven E. Armstrong
Chief, NORAD Strategic Engagement & Vice Director, NORAD Operations
Department of Defense
Office of the Secretary
250 Vandenberg Street, Unit B016,
Peterson Air Force Base, CO 80914-3805
Phone:719 554-1514