Chapter 701, Subchapter I, Section 70103, Subsection (d) · 46 U.S.C. Chapter 701

Contents

(d)

(1)Information developed under this section or sections 70102, 70104, and 70108 is not required to be disclosed to the public, including—

(A)facility security plans, vessel security plans, and port vulnerability assessments; and

(B)other information related to security plans, procedures, or programs for vessels or facilities authorized under this section or sections 70102, 70104, and 70108.

(2)Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)—

(A)to conceal a violation of law, inefficiency, or administrative error;

(B)to prevent embarrassment to a person, organization, or agency;

(C)to restrain competition; or

(D)to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 15

Show every defined term

alien
has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
Area Maritime Transportation Security Plan
means an Area Maritime Transportation Security Plan prepared under section 70103(b).
biometric identification
means use of fingerprint and digital photography images and facial and iris scan technology and any other technology considered applicable by the Department of Homeland Security.
cybersecurity risk
has the meaning given the term in section 2200 of the Homeland Security Act of 2002.
especially hazardous cargo
means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.
facility
means any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States.
law enforcement agency
means an agency of a State, a political subdivision of a State, or a Federally recognized tribe that is authorized by law to supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
National Maritime Transportation Security Plan
means the National Maritime Transportation Security Plan prepared and published under section 70103(a).
owner or operator
means—
public safety personnel
includes any Federal, State (or political subdivision thereof), territorial, or Tribal law enforcement officer, firefighter, or emergency response provider.
reimbursable costs
means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator;
Secretary
means the Secretary of the department in which the Coast Guard is operating.
security zone
means a security zone, established by the Commandant of the Coast Guard or the Commandant’s designee pursuant to section 70051 or section 70116(b), for a vessel carrying especially hazardous cargo when such vessel—
service provider
means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for—
transportation security incident
means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area.