[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: 32CFR245.22]

[Page 546-547]
 
                       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. 245.22  Policy for application of EATPL.

    (a) The originator of an aircraft flight operation under the EATPL 
shall be responsible for determining and verifying that the mission 
meets the appropriate definition and priority in accordance with the 
list described in Sec. 245.22 of this part , and ensuring a security 
check of crew, cargo and aircraft has been completed prior to take off.
    (b) The individual filing the flight plan will be responsible for 
including the priority number as determined by the originator of the 
aircraft flight operation, in the remarks section of the flight plan.
    (c) Situations may occur that cannot be controlled by the EATPL. 
Aircraft emergencies and inbound international flights that have reached 
the point of no return, including foreign air carrier flights en route 
to safe haven airports in accordance with specific international 
agreements are examples of such situations. These events must be treated 
individually through coordination between ATC and appropriate military 
authorities in consideration of the urgency of the in-flight situation

[[Page 547]]

and existing tactical military conditions.
    (d) Exceptions to EATPL. (1) DoD aircraft in priorities three 
through seven that do not meet EATPL restrictions may request an 
exemption from the appropriate military authority. For the contiguous 48 
U.S. states, Alaska, Puerto Rico, U.S. Virgin Islands and Canada, 
requests shall be submitted to the appropriate NORAD Sector. For Hawaii, 
Guam, Wake Island, other U.S. Pacific Territories, and Pacific oceanic 
airspace over which FAA has air traffic control jurisdiction by 
international agreement, requests shall be submitted to the designated 
AADC.
    (2) For Federal, State, local government agencies and aircraft in 
priority eight, a Security Control Authorization may be granted on a 
case-by-case basis. Requests for SCAs will be coordinated through TSA. 
TSA will forward those requests that it recommends for approval to the 
appropriate military authority. Aircraft with a SCA shall have a 
Security Assurance Check prior to take off. Refer to specific SCA 
procedures provided in separate agreement between the appropriate 
military authority and TSA.

[71 FR 61889, Oct. 20, 2006; 71 FR 66110, Nov. 13, 2006]