cfr_sections
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10 rows where part_number = 15 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:1.0.1.1.10.0.3.1 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.1 Scope. | DOT | (a) Applicability. This part governs the maintenance, safeguarding, and disclosure of records and information that the Secretary of DOT has determined to be Sensitive Security Information, as defined in § 15.5. This part does not apply to the maintenance, safeguarding, or disclosure of classified national security information, as defined by Executive Order 12968, or to other sensitive unclassified information that is not SSI, but that nonetheless may be exempt from public disclosure under the Freedom of Information Act. In addition, in the case of information that has been designated as critical infrastructure information under section 214 of the Homeland Security Act, the receipt, maintenance, or disclosure of such information by a Federal agency or employee is governed by section 214 and any implementing regulations, not by this part. (b) Delegation. The authority of the Secretary under this part may be further delegated within DOT. | |||||||
| 49:49:1.0.1.1.10.0.3.10 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.19 Destruction of SSI. | DOT | (a) DOT. Subject to the requirements of the Federal Records Act (5 U.S.C. 105), including the duty to preserve records containing documentation of a Federal agency's policies, decisions, and essential transactions, DOT destroys SSI when no longer needed to carry out the agency's function. (b) Other covered persons —(1) In general. A covered person must destroy SSI completely to preclude recognition or reconstruction of the information when the covered person no longer needs the SSI to carry out transportation security measures. (2) Exception. Paragraph (b)(1) of this section does not require a State or local government agency to destroy information that the agency is required to preserve under State or local law. | |||||||
| 49:49:1.0.1.1.10.0.3.2 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.3 Terms used in this part. | DOT | In addition to the terms in § 15.3 of this chapter, the following terms apply in this part: Administrator means the Under Secretary of Transportation for Security referred to in 49 U.S.C. 114(b), or his or her designee. Coast Guard means the United States Coast Guard. Covered person means any organization, entity, individual, or other person described in § 15.7. In the case of an individual, covered person includes any individual applying for employment in a position that would be a covered person, or in training for such a position, regardless of whether that individual is receiving a wage, salary, or other form of payment. Covered person includes a person applying for certification or other form of approval that, if granted, would make the person a covered person described in § 15.7. DHS means the Department of Homeland Security and any directorate, bureau, or other component within the Department of Homeland Security, including the United States Coast Guard. DOT means the Department of Transportation and any operating administration, entity, or office within the Department of Transportation, including the Saint Lawrence Seaway Development Corporation and the Bureau of Transportation Statistics. Federal Flight Deck Officer means a pilot participating in the Federal Flight Deck Officer Program under 49 U.S.C. 44921 and implementing regulations. Maritime facility means any facility as defined in 33 CFR part 101. Record includes any means by which information is preserved, irrespective of format, including a book, paper, drawing, map, recording, tape, film, photograph, machine-readable material, and any information stored in an electronic format. The term record also includes any draft, proposed, or recommended change to any record. Security contingency plan means a plan detailing response procedures to address a transportation security incident, threat assessment, or specific threat against transportation, including details of preparation, response, mitigation, recovery, and reconstitution… | |||||||
| 49:49:1.0.1.1.10.0.3.3 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.5 Sensitive security information. | DOT | (a) In general. In accordance with 49 U.S.C. 40119(b)(1), SSI is information obtained or developed in the conduct of security activities, including research and development, the disclosure of which the Secretary of DOT has determined would— (1) Constitute an unwarranted invasion of privacy (including, but not limited to, information contained in any personnel, medical, or similar file); (2) Reveal trade secrets or privileged or confidential information obtained from any person; or (3) Be detrimental to transportation safety. (b) Information constituting SSI. Except as otherwise provided in writing by the Secretary of DOT in the interest of public safety or in furtherance of transportation security, the following information, and records containing such information, constitute SSI: (1) Security programs and contingency plans. Any security program or security contingency plan issued, established, required, received, or approved by DOT or DHS, including— (i) Any aircraft operator or airport operator security program or security contingency plan under this chapter; (ii) Any vessel, maritime facility, or port area security plan required or directed under Federal law; (iii) Any national or area security plan prepared under 46 U.S.C. 70103; and (iv) Any security incident response plan established under 46 U.S.C. 70104. (2) Security Directives. Any Security Directive or order— (i) Issued by TSA under 49 CFR 1542.303, 1544.305, or other authority; (ii) Issued by the Coast Guard under the Maritime Transportation Security Act, 33 CFR part 6, or 33 U.S.C. 1221 et seq. related to maritime security; or (iii) Any comments, instructions, and implementing guidance pertaining thereto. (3) Information Circulars. Any notice issued by DHS or DOT regarding a threat to aviation or maritime transportation, including any— (i) Information Circular issued by TSA under 49 CFR 1542.303 or 1544.305, or other authority; and (ii) Navigation or Vessel Inspection Circular issued by the Coast Guard related to maritime s… | |||||||
| 49:49:1.0.1.1.10.0.3.4 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.7 Covered persons. | DOT | Persons subject to the requirements of part 15 are: (a) Each airport operator and aircraft operator subject to the requirements of Subchapter C of this title. (b) Each indirect air carrier, as defined in 49 CFR 1540.5. (c) Each owner, charterer, or operator of a vessel, including foreign vessel owners, charterers, and operators, required to have a security plan under Federal or International law. (d) Each owner or operator of a maritime facility required to have a security plan under the Maritime Transportation Security Act, (Pub. L. 107-295), 46 U.S.C. 70101 et seq., 33 CFR part 6, or 33 U.S.C. 1221 et seq. (e) Each person performing the function of a computer reservation system or global distribution system for airline passenger information. (f) Each person participating in a national or area security committee established under 46 U.S.C. 70112, or a port security committee. (g) Each industry trade association that represents covered persons and has entered into a non-disclosure agreement with the DHS or DOT. (h) DHS and DOT. (i) Each person conducting research and development activities that relate to aviation or maritime transportation security and are approved, accepted, funded, recommended, or directed by DHS or DOT. (j) Each person who has access to SSI, as specified in § 15.11. (k) Each person employed by, contracted to, or acting for a covered person, including a grantee of DHS or DOT, and including a person formerly in such position. (l) Each person for which a vulnerability assessment has been directed, created, held, funded, or approved by the DOT, DHS, or that has prepared a vulnerability assessment that will be provided to DOT or DHS in support of a Federal security program. (m) Each person receiving SSI under § 1520.15(d) or (e). | |||||||
| 49:49:1.0.1.1.10.0.3.5 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.9 Restrictions on the disclosure of SSI. | DOT | (a) Duty to protect information. A covered person must— (1) Take reasonable steps to safeguard SSI in that person's possession or control from unauthorized disclosure. When a person is not in physical possession of SSI, the person must store it a secure container, such as a locked desk or file cabinet or in a locked room. (2) Disclose, or otherwise provide access to, SSI only to covered persons who have a need to know, unless otherwise authorized in writing by TSA, the Coast Guard, or the Secretary of DOT. (3) Refer requests by other persons for SSI to TSA or the applicable component or agency within DOT or DHS. (4) Mark SSI as specified in § 15.13. (5) Dispose of SSI as specified in § 15.19. (b) Unmarked SSI. If a covered person receives a record containing SSI that is not marked as specified in § 1520.13, the covered person must— (1) Mark the record as specified in § 15.13; and (2) Inform the sender of the record that the record must be marked as specified in § 15.13. (c) Duty to report unauthorized disclosure. When a covered person becomes aware that SSI has been released to unauthorized persons, the covered person must promptly inform TSA or the applicable DOT or DHS component or agency. (d) Additional requirements for critical infrastructure information. In the case of information that is both SSI and has been designated as critical infrastructure information under section 214 of the Homeland Security Act, any covered person who is a Federal employee in possession of such information must comply with the disclosure restrictions and other requirements applicable to such information under section 214 and any implementing regulations. | |||||||
| 49:49:1.0.1.1.10.0.3.6 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.11 Persons with a need to know. | DOT | [69 FR 28078, May 18, 2004, as amended at 70 FR 1381, Jan. 7, 2005] | (a) In general. A person has a need to know SSI in each of the following circumstances: (1) When the person requires access to specific SSI to carry out transportation security activities approved, accepted, funded, recommended, or directed by DHS or DOT. (2) When the person is in training to carry out transportation security activities approved, accepted, funded, recommended, or directed by DHS or DOT. (3) When the information is necessary for the person to supervise or otherwise manage individuals carrying out transportation security activities approved, accepted, funded, recommended, or directed by the DHS or DOT. (4) When the person needs the information to provide technical or legal advice to a covered person regarding transportation security requirements of Federal law. (5) When the person needs the information to represent a covered person in connection with any judicial or administrative proceeding regarding those requirements. (b) Federal employees, contractors, and grantees. (1) A Federal employee has a need to know SSI if access to the information is necessary for performance of the employee's official duties. (2) A person acting in the performance of a contract with or grant from DHS or DOT has a need to know SSI if access to the information is necessary to performance of the contract or grant. (c) Background check. The Secretary of DOT may make an individual's access to the SSI contingent upon satisfactory completion of a security background check and the imposition of procedures and requirements for safeguarding SSI that are satisfactory to the Secretary. (d) Need to know further limited by the DHS or DOT. For some specific SSI, DHS or DOT may make a finding that only specific persons or classes of persons have a need to know. | ||||||
| 49:49:1.0.1.1.10.0.3.7 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.13 Marking SSI. | DOT | (a) Marking of paper records. In the case of paper records containing SSI, a covered person must mark the record by placing the protective marking conspicuously on the top, and the distribution limitation statement on the bottom, of— (1) The outside of any front and back cover, including a binder cover or folder, if the document has a front and back cover; (2) Any title page; and (3) Each page of the document. (b) Protective marking. The protective marking is: SENSITIVE SECURITY INFORMATION. (c) Distribution limitation statement. The distribution limitation statement is: WARNING: This record contains Sensitive Security Information that is controlled under 49 CFR parts 15 and 1520. No part of this record may be disclosed to persons without a “need to know”, as defined in 49 CFR parts 15 and 1520, except with the written permission of the Administrator of the Transportation Security Administration or the Secretary of Transportation. Unauthorized release may result in civil penalty or other action. For U.S. government agencies, public disclosure is governed by 5 U.S.C. 552 and 49 CFR parts 15 and 1520. WARNING: This record contains Sensitive Security Information that is controlled under 49 CFR parts 15 and 1520. No part of this record may be disclosed to persons without a “need to know”, as defined in 49 CFR parts 15 and 1520, except with the written permission of the Administrator of the Transportation Security Administration or the Secretary of Transportation. Unauthorized release may result in civil penalty or other action. For U.S. government agencies, public disclosure is governed by 5 U.S.C. 552 and 49 CFR parts 15 and 1520. (d) Other types of records. In the case of non-paper records that contain SSI, including motion picture films, videotape recordings, audio recording, and electronic and magnetic records, a covered person must clearly and conspicuously mark the records with the protective marking and the distribution limitation statement such that the viewer or listener is reasonably likel… | |||||||
| 49:49:1.0.1.1.10.0.3.8 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.15 SSI disclosed by DOT. | DOT | (a) In general. Except as otherwise provided in this section, and notwithstanding the Freedom of Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and other laws, records containing SSI are not available for public inspection or copying, nor does DOT release such records to persons without a need to know. (b) Disclosure under the Freedom of Information Act and the Privacy Act. If a record contains both SSI and information that is not SSI, DOT, on a proper Freedom of Information Act or Privacy Act request, may disclose the record with the SSI redacted, provided the record is not otherwise exempt from disclosure under the Freedom of Information Act or Privacy Act. (c) Disclosures to committees of Congress and the General Accounting Office. Nothing in this part precludes DOT from disclosing SSI to a committee of Congress authorized to have the information or to the Comptroller General, or to any authorized representative of the Comptroller General. (d) Disclosure in enforcement proceedings —(1) In general. The Secretary of DOT may provide SSI to a person in the context of an administrative enforcement proceeding when, in the sole discretion of the Secretary, access to the SSI is necessary for the person to prepare a response to allegations contained in a legal enforcement action document issued by DOT. (2) Security background check. Prior to providing SSI to a person under paragraph (d)(1) of this section, the Secretary of DOT may require the individual or, in the case of an entity, the individuals representing the entity, and their counsel, to undergo and satisfy, in the judgment of the Secretary of DOT, a security background check. (e) Other conditional disclosure. The Secretary of DOT may authorize a conditional disclosure of specific records or information that constitute SSI upon the written determination by the Secretary that disclosure of such records or information, subject to such limitations and restrictions as the Secretary may prescribe, would not be detrimental to transp… | |||||||
| 49:49:1.0.1.1.10.0.3.9 | 49 | Transportation | A | 15 | PART 15—PROTECTION OF SENSITIVE SECURITY INFORMATION | § 15.17 Consequences of unauthorized disclosure of SSI. | DOT | Violation of this part is grounds for a civil penalty and other enforcement or corrective action by DOT, and appropriate personnel actions for Federal employees. Corrective action may include issuance of an order requiring retrieval of SSI to remedy unauthorized disclosure or an order to cease future unauthorized disclosure. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);