12:40 p.m. September 11, 2001: Joint Chiefs Vice Chairman Myers Updates Defense Secretary Rumsfeld and Informs Him of the Final Rules of Engagement for Fighters

General Richard Myers, vice chairman of the Joint Chiefs of Staff, gives Secretary of Defense Donald Rumsfeld an update on what he knows about the crisis and the military’s response to it, which includes details of the rules of engagement for fighter jets. Since 12:19 p.m., the two men have been in the Executive Support Center on the third floor of the Pentagon (see 12:19 p.m. September 11, 2001). [Goldberg et al., 2007, pp. 132; Myers and McConnell, 2009, pp. 156-157]
Myers Says Planes Are Inbound from the Far East – Myers now informs Rumsfeld that the FAA has reported that five airliners inbound to the United States from the Far East have come too far on their journeys to head back due to low fuel. One of these, Korean Airlines Flight 85, is squawking the hijack code on its transponder, although this may be the result of pilot error rather than evidence of another hijacking, Myers will later recall telling Rumsfeld. [Myers and McConnell, 2009, pp. 157] (However, according to USA Today, while the FAA has been alerted to this suspicious flight (see (Shortly Before 12:00 p.m.) September 11, 2001), the plane will only start squawking the hijack code over 40 minutes later, at 1:24 p.m. (see 1:24 p.m. September 11, 2001). [USA Today, 8/12/2002] ) Fighters have been scrambled to escort all five airliners, Myers says (see (12:00 p.m.) September 11, 2001).
NORAD Wants More Air Defense Units – He tells Rumsfeld that NORAD has contacted the Pentagon requesting an additional Reserve call-up of air defense units and this request will be routed through the secretary of defense’s office to the president. To avoid any confusion, he reminds Rumsfeld that air defense and air sovereignty are primarily Air National Guard missions. He also says the US Coast Guard is completing its own Reserve call-up and Admiral James Loy, commandant of the Coast Guard, has given his commanders authority to challenge any inbound vessels. [Myers and McConnell, 2009, pp. 157]
Rumsfeld Wants to Settle the Issue of Rules of Engagement – Rumsfeld brings up the subject of “rules of engagement” for fighters defending US airspace. [Clarke, 2006, pp. 225] Since they arrived at the Pentagon’s National Military Command Center, at around 9:58 a.m. and 10:30 a.m. respectively, Myers and Rumsfeld have worked on these rules, which include guidelines for when fighter pilots should shoot down a suspicious aircraft (see (Between 10:15 a.m. and 10:30 a.m.) September 11, 2001 and (10:30 a.m.-1:00 p.m.) September 11, 2001). [9/11 Commission, 3/23/2004 ; George C. Marshall European Center for Security Studies, 8/3/2012] “I want to tie up the rules of engagement,” Rumsfeld says. He adds: “We need granularity here. This is not simple for a pilot, especially if he knows he’s shooting down a plane over a civilian area like Washington.” [Clarke, 2006, pp. 225]
Rumsfeld Approves NORAD’s Rules of Engagement – “I’ve got the final recommended [rules of engagement] from General [Ralph] Eberhart at NORAD,” Myers tells Rumsfeld. He describes what these are. “If our fighters intercept an aircraft obviously heading for a runway, they will let it land, but if a plane is on a glide path toward a possible government target or civilian installation, they will shoot it down,” he says. “Clearly, shooting down a civilian airliner with innocent men, women, and children on board was not a good option, but given the circumstances, it was really the only course of action to minimize the death and destruction planned by the hijackers,” he will reflect. “Our pilots will have to exercise great discipline and judgment,” he tells Rumsfeld, since, “If that aircraft veers off, it will be too late.” Rumsfeld approves these rules. “This was not a time to be indecisive,” Myers will comment, since rules of engagement are “a deadly serious matter.” [Myers and McConnell, 2009, pp. 157-158] However, the Department of Defense will only circulate written rules of engagement sometime after 1:00 p.m., according to the 9/11 Commission Report (see (1:45 p.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 465]