Ala. Admin. Code r. 375-X-4-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 375-X-4-.01 - Definition

"Sensitive Security Information," hereinafter referred to as SSI, is a document in any written or electronic form, the public disclosure of which would have a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack, and shall include:

(a) a document assembled, prepared, or maintained to prevent, mitigate, or respond to an act of terrorism; such as, information concerning threats against transportation, information regarding critical aviation, surface transportation, or maritime infrastructure assets;

(b) threat or vulnerability assessments;

(c) risk planning documents;

(d) needs assessments;

(e) blueprints;

(f) domestic preparedness strategies;

(g) the location of community drinking water wells and surface water intakes;

(h) the emergency contact information of emergency responders and volunteers;

(i) infrastructure records or schematic drawings that disclose the configuration of critical systems such as communication, electrical, ventilation, water, and wastewater systems;

(j) detailed drawings or specifications of structural elements, floor plans, and operating, utility, or security systems, whether in paper or electronic form, of any building or facility located on an airport (as defined) that is owned, occupied, leased, or maintained by a public agency. A record described in this clause may not be released for public inspection by any public agency without the prior approval of the public agency that owns, occupies, leases, or maintains the airport. The public agency that owns, occupies, leases, or maintains the airport is responsible for:

1. determining whether the public disclosure of a record or a part of a record has a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack; and

2. identifying a document or record described under item No. 1 and clearly marking it as "sensitive security information and not subject to public disclosure without approval of (insert name of submitting public agency)".

3. This provision does not apply to a record or portion of a record pertaining to a location or structure owned or protected by a public agency in the event that an act of terrorism has occurred at that location or structure, unless release of the record or portion of the record would have a reasonable likelihood of threatening public safety by exposing a vulnerability of other locations or structures to terrorist attack.

(k) For purposes of this Rule, SSI also shall include such documentation and information as identified and defined in 49 C.F.R. §15, or the disclosure of which is prohibited under the criteria of 49 U.S.C. §40119.

Author: James M. Walker, Jr.

Ala. Admin. Code r. 375-X-4-.01

New Rule: Filed January 10, 2006; effective February 14, 2006.

Statutory Authority:Code of Ala. 1975, § 31-9A-5.