[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: 32CFR245.21]

[Page 545-546]
 
                       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 E_ESCAT Air Traffic Priority List (EATPL)
 
Sec. 245.21  ESCAT air traffic priority list.

    (a) Priority One. (1) The President of the United States, Prime 
Minister of Canada and respective cabinet or staff members essential to 
national security, and other members as approved or designated by the 
Secretary of Defense and Chief of the Defence Staff.
    (2) Aircraft engaged in active continental defense missions, 
including anti-submarine aircraft, interceptors, air refueling tanker 
aircraft, and airborne early-warning and control aircraft (e.g., E-3, E-
2, P-3).
    (3) Military retaliatory aircraft, including direct tanker support 
aircraft, executing strategic missions.
    (4) Airborne command elements which provide backup to command and 
control systems for the combat forces.
    (5) Anchor annex flights.
    (b) Priority Two. (1) Forces being deployed or in direct support of 
U.S. military offensive and defensive operations including the use of 
activated Civil Reserve Air Fleet (CRAF) aircraft as necessary, and/or 
other U.S. and foreign flag civil air carrier aircraft under mission 
control of the U.S. military.

[[Page 546]]

    (2) Aircraft operating in direct and immediate support of strategic 
missions.
    (3) Search and rescue aircraft operating in direct support of 
military activities.
    (4) Aircraft operating in direct and immediate support of special 
operations missions.
    (5) Federal flight operations in direct support of homeland 
security, e.g., Law Enforcement Agencies (LEA) and aircraft performing 
security for high threat targets such as Nuclear Power Plants, Dams, 
Chemical Plants, and other areas identified as high threat targets.
    (c) Priority Three. (1) Forces being deployed or performing pre-
deployment training/workups (e.g., Navy Field Carrier Landing Practice) 
in support of the emergency condition.
    (2) Aircraft deployed in support of CONUS installation/base defense, 
i.e., aircraft operating in direct/immediate security support, or 
deploying ground forces for perimeter defense.
    (3) Search and rescue aircraft not included in Priority Two.
    (4) Flight inspection aircraft flights in connection with emergency 
restoration of airway and airport facilities in support of immediate 
emergency conditions.
    (5) Continental U.S. Airborne Reconnaissance for Damage Assessment 
(CARDA) missions in support of immediate emergency conditions.
    (d) Priority Four. (1) Dispersal of tactical military aircraft.
    (2) Dispersal of U.S. civil air carrier aircraft allocated to the 
CRAF Program.
    (3) Repositioning of FAA/DoD/DND flight inspection aircraft.
    (4) Flight inspection activity in connection with airway and airport 
facilities.
    (5) Specific military tactical pilot currency or proficiency in 
support of homeland defense.
    (6) Military tactical aircraft post-maintenance test flights.
    (7) Federal aircraft post maintenance check flights in support of 
homeland security.
    (e) Priority Five. (1) Air transport of military commanders, their 
representatives, DoD/DND-sponsored key civilian personnel, non-DoD/DND 
or other Federal key civilian personnel who are of importance to 
national security.
    (2) Dispersal of non-tactical military aircraft for their 
protection.
    (3) Aircraft contracted to and/or operated by Federal agencies
    (f) Priority Six. (1) State and local LEA directly engaged in law 
enforcement missions.
    (2) Flight operations in accordance with approved Federal and State 
emergency plans.
    (3) LIFEGUARD and MEDEVAC aircraft in direct support of emergency 
medical services.
    (4) Flight operations essential to the development, production, and 
delivery of equipment, personnel, materials, and supplies essential to 
national security.
    (5) Other essential CARDA missions not covered in Priority Three.
    (g) Priority Seven. Other military flight operations.
    (h) Priority Eight. Other flight operations not specifically listed 
in priorities 1 through 7.