PART 191--WITHHOLDING SECURITY INFORMATION FROM DISCLOSURE UNDER THE AIR
                       TRANSPORTATION SECURITY ACT OF 1974
  
  Sec.
  191.1  Applicability.
  191.3  Records and information withheld.
  191.5  When disclosure of information is prohibited.
  191.7  Records containing both available and unavailable information.
  
    Authority: Secs. 313(a), 316(d)(2), 601, Federal Aviation Act of 1958 (49
  U.S.C. 1354(a), 1357(d)(2), 1421); sec. 6(c), Dept. of Transportation Act (49
  U.S.C. 1655(c)).
  
    Source: Docket No. 15855, 41 FR 53777, Dec. 9, 1976, unless otherwise
  noted.


  Sec. 191.1   Applicability.
  
    (a) This part implements section 316(d)(2) of the Federal Aviation Act of
  1958 (49 U.S.C. 1357(d)(2)) and governs the release of any record, and any
  information contained therein, in the possession of the FAA which has been
  obtained or developed in the conduct of research and development activities
  to develop, modify, test, and evaluate systems, procedures, facilities, and
  devices to protect persons and property aboard aircraft in air transportation
  or intrastate air transportation against acts of criminal violence and
  aircraft piracy.
    (b) For the purposes of this part, "record" includes any writing, drawing,
  map, recording, tape, film, photograph, or other documentary material by
  which information is preserved.


  Sec. 191.3   Records and information withheld.
  
    (a) Notwithstanding 5 U.S.C. 552, the records described in Sec. 191.1(a)
  are not made available for public inspection or copying nor is any
  information contained in those records released to the public when disclosure
  thereof is prohibited by the Director of Civil Aviation Security or his
  designee.
    (b) Records subject to paragraph (a) of this section include, but are not
  limited to, those containing information which pertains to:
    (1) Any hijacker profile.
    (2) Any profile used in baggage screening.
    (3) The security program of any airport.
    (4) The security program of any air carrier.
    (5) Any device for the detection of any explosive or incendiary device or
  weapon.
    (6) Any device for protection against, or detection of, cargo theft.
    (7) Any contingency security plan.
    (8) Any security communications equipment and procedures.
    (9) Any threat of sabotage, terrorism or air piracy.
    (10) The security program of any indirect air carrier and that portion of
  the security program of the United States Postal Service that relates to
  security of parcel mail to be transported by air.
  
  [Doc. No. 15855, 41 FR 53777, Dec. 9, 1976, as amended by Amdt. 191-1, 44 FR
  72345, Dec. 13, 1979; Amdt. 191-2, 54 FR 39296, Sept. 25, 1989]

  Sec. 191.5   When disclosure of information is prohibited.
  
    The Director of Civil Aviation Security or his designee prohibits
  disclosure of a record and information contained therein under Sec. 191.3 if
  in his opinion it would:
    (a) Constitute an unwarranted invasion of personal privacy (including, but
  not limited to, information contained in any personnel, medical, or similar
  file);
    (b) Reveal trade secrets or privileged or confidential commercial or
  financial information obtained from any person; or
    (c) Be detrimental to the safety of persons traveling in air transportation
  or intrastate air transportation.
  
  [Doc. No. 15855, 41 FR 53777, Dec. 9, 1976, as amended by Amdt. 191-2, 54 FR
  39296, Sept. 25, 1989

  Sec. 191.7   Records containing both available and unavailable information.
  
    If a record contains information that the Director of Civil Aviation
  Security or his designee determines cannot be disclosed under this part, but
  also contains information that can be disclosed, the latter information will
  be provided for public inspection and copying.
  
  [Doc. No. 15855, 41 FR 53777, Dec. 9, 1976; 41 FR 55334, Dec. 20, 1976, as
  amended by Amdt. 191-2, 54 FR 39296, Sept. 25, 1989]