[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR245.12]

[Page 542-543]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 245_PLAN FOR THE EMERGENCY SECURITY CONTROL OF AIR TRAFFIC (ESCAT)--Table 
 
                        Subpart C_The ESCAT Plan
 
Sec. 245.12  Amplifying instructions.

    (a) Prior to any formal ESCAT implementation, the appropriate 
military authority will consult with DOT through the FAA Administrator 
and DHS through the TSA Administrator to discuss the air traffic 
management, airspace and/or security measures required. Every effort 
will be made to obtain the approval of the Secretary of Defense prior to 
ESCAT declaration, time and circumstance permitting. Any ESCAT 
implementation will be passed as soon as possible through the Chairman 
of the Joint Chiefs of Staff to the Secretary of Defense.
    (b) ESCAT may be implemented in phases to facilitate a smooth 
transition from normal air traffic identification and control procedures 
to the more restrictive identification and control procedures specific 
to the situation.
    (c) Once ESCAT is implemented, the appropriate military authority 
will consult regularly with DOT (through the FAA Administrator) and DHS 
(through the TSA Administrator) as appropriate, regarding any changes in 
the air traffic management, airspace, and/or security measures required.
    (d) Interference with normal air traffic should be minimized.
    (e) The process for implementation of measures for mitigation of 
hostile use of NAVAID signals, when required, will be subject to 
separate agreement between DoD and other Departments and Agencies.
    (f) Upon the formal declaration of ESCAT, the appropriate military 
authority has the final authority regarding the extent of measures 
necessary for successful mission completion.
    (g) The rules/procedures governing Special Use Airspace (SUA) will 
remain

[[Page 543]]

in effect until notified by the appropriate military authority. The 
appropriate military authority will address SUA use in the ESCAT 
activation message.
    (h) Appropriate Combatant Commanders, in conjunction with their FAA 
and TSA Liaisons, will prepare supplements to this part for their area 
of responsibility. These supplements are to consider the special 
requirement of organized civil defense and disaster relief flights, 
agricultural and forest fire flights, border patrol flights, and other 
essential civil air operations so that maximum use of these flights, 
consistent with air defense requirements, will be made when ESCAT is in 
effect.
    (i) Flight operations vital to national defense, as determined by 
appropriate military commanders, will be given priority over all other 
military and civil aircraft.
    (j) Prior to or subsequent to the declaration of an Air Defense 
Emergency, Defense Emergency, or National Emergency, there may be a 
requirement to disperse military aircraft for their protection. If such 
dispersal plans are implemented when any part of this part has been 
placed in effect, operations will be in accordance with the requirements 
of that portion of the ESCAT plan that is in effect. If any part of the 
ESCAT plan is ordered while dispersal is in progress, dispersal 
operations will be revised as required to comply with ESCAT.
    (k) Direct communications are authorized between appropriate 
agencies and units for the purpose of coordinating and implementing the 
procedures in this part.
    (l) To ensure implementation actions can be taken expeditiously, 
ESCAT tests will be conducted periodically, but at least annually in 
accordance with Sec. 245.31 of this part.
    (m) The area of responsibility of the appropriate military authority 
does not always align with ARTCC boundaries, especially in the NORAD 
area where one ARTCC's boundaries may lie within two or more CONUS NORAD 
Sectors. For NORAD and USPACOM, the FAA ARTCCs/CERAPs are aligned as 
follows:

------------------------------------------------------------------------
    Command/region/sector                       ARTCC's
------------------------------------------------------------------------
CONR South East Air Defense    Atlanta, Fort Worth, Houston,
 Sector (SEADS).                Indianapolis, Jacksonville, Kansas City,
                                Memphis, Miami, Washington, San Juan
                                CERAP.
CONR North East Air Defense    Boston, Chicago, Cleveland, Minneapolis,
 Sector (NEADS).                New York, Indianapolis, Kansas City,
                                Atlanta, Memphis, Washington.
CONR Western Air Defense       Albuquerque, Denver, Los Angeles,
 Sector (WADS).                 Oakland, Salt Lake City, Seattle, Fort
                                Worth, Houston, Kansas City,
                                Minneapolis.
ANR (Alaskan NORAD Region)...  Anchorage.
PACOM........................  Honolulu CERAP, Oakland, Anchorage.
------------------------------------------------------------------------

    (n) Commander NORAD, acting for the DoD, will process and distribute 
administrative and organizational changes as they occur; however, this 
part will be reviewed at least once every two years by DHS/TSA, DOT/FAA, 
and DoD and reissued or changed as required. Recommended changes should 
be forwarded to: Headquarters North American Air Defense Command, 
Commander NORAD/J3, ATTN: NJ33C, 250 Vandenberg Street, Suite B106, 
Peterson AFB, CO 80914-3818.