[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1520.7]

[Page 289-291]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1520--PROTECTION OF SENSITIVE SECURITY INFORMATION--Table of Contents
 
Sec. 1520.7  Sensitive security information.

    Except as otherwise provided in writing by the Administrator as 
necessary in the interest of safety of persons in transportation, the 
following information and records containing such information constitute 
sensitive security information:
    (a) Any approved, accepted, or standard security program under the 
rules listed in Sec. 1520.5(a)(1) through (6), and any security program 
that relates to United States mail to be transported by air (including 
that of the United

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States Postal Service and of the Department of Defense); and any 
comments, instructions, or implementing guidance pertaining thereto.
    (b) Security Directives and Information Circulars under Sec. 
1542.303 or Sec. 1544.305 of this chapter, and any comments, 
instructions, or implementing guidance pertaining thereto.
    (c) Any selection criteria used in any security screening process, 
including for persons, baggage, or cargo under the rules listed in Sec. 
1520.5(a)(1) through (6).
    (d) Any security contingency plan or information and any comments, 
instructions, or implementing guidance pertaining thereto under the 
rules listed in Sec. 1520.5(a)(1) through (6).
    (e) Technical specifications of any device used for the detection of 
any deadly or dangerous weapon, explosive, incendiary, or destructive 
substance under the rules listed in Sec. 1520.5(a)(1) through (6).
    (f) A description of, or technical specifications of, objects used 
to test screening equipment and equipment parameters under the rules 
listed in Sec. 1520.5(a)(1) through (6).
    (g) Technical specifications of any security communications 
equipment and procedures under the rules listed in Sec. 1520.5(a)(1) 
through (6).
    (h) As to release of information by TSA: Any information that TSA 
has determined may reveal a systemic vulnerability of the aviation 
system, or a vulnerability of aviation facilities, to attack. This 
includes, but is not limited to, details of inspections, investigations, 
and alleged violations and findings of violations of 14 CFR parts 107, 
108, or 109 and 14 CFR 129.25, 129.26, or 129.27 in effect prior to 
November 14, 2001 (see 14 CFR parts 60 to 139 revised as of January 1, 
2001); or parts 1540, 1542, 1544, 1546, 1548, or Sec. 1550.5 of this 
chapter, and any information that could lead the disclosure of such 
details, as follows:
    (1) As to events that occurred less than 12 months before the date 
of the release of the information, the following are not released: the 
name of an airport where a violation occurred, the regional identifier 
in the case number, a description of the violation, the regulation 
allegedly violated, and the identity of the aircraft operator in 
connection with specific locations or specific security procedures. TSA 
may release summaries of an aircraft operator's total security 
violations in a specified time range without identifying specific 
violations. Summaries may include total enforcement actions, total 
proposed civil penalty amounts, total assessed civil penalty amounts, 
number of cases opened, number of cases referred to TSA or FAA counsel 
for legal enforcement action, and number of cases closed.
    (2) As to events that occurred 12 months or more before the date of 
the release of information, the specific gate or other location on an 
airport where an event occurred is not released.
    (3) The identity of TSA or FAA special agent who conducted the 
investigation or inspection.
    (4) Security information or data developed during TSA or FAA 
evaluations of the aircraft operators and airports and the 
implementation of the security programs, including aircraft operator and 
airport inspections and screening point tests or methods for evaluating 
such tests under the rules listed in Sec. 1520.5(a)(1) through (6).
    (i) As to release of information by TSA: Information concerning 
threats against transportation.
    (j) Specific details of aviation security measures whether applied 
directly by the TSA or entities subject to the rules listed in Sec. 
1520.5(a)(1) through (6). This includes, but is not limited to, 
information concerning specific numbers of Federal Air Marshals, 
deployments or missions, and the methods involved in such operations.
    (k) Any other information, the disclosure of which TSA has 
prohibited under the criteria of 49 U.S.C. 40119.
    (l) Any draft, proposed, or recommended change to the information 
and records identified in this section.
    (m) The locations at which particular screening methods or equipment 
are used under the rules listed in Sec. 1520.5(a)(1) through (6) if TSA 
determines that the information meets the criteria of 49 U.S.C. 40119.
    (n) Any screener test used under the rules listed in Sec. 
1520.5(a)(1) through (6).

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    (o) Scores of tests administered under the rules listed in Sec. 
1520.5(a)(1) through (6).
    (p) Performance data from screening systems, and from testing of 
screening systems under the rules listed in Sec. 1520.5(a)(1) through 
(6).
    (q) Threat images and descriptions of threat images for threat image 
projection systems under the rules listed in Sec. 1520.5(a)(1) through 
(6).
    (r) Information in a vulnerability assessment that has been 
authorized, approved, or funded by DOT, irrespective of mode of 
transportation.

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