t7 b3 ewr-port authority fdr- oct 2003 corresondence w port authority re document requests and...

8/14/2019 T7 B3 EWR-Port Authority Fdr- Oct 2003 Corresondence w Port Authority Re Document Requests and Document In

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October 29, 2003

JAMES M B E G L E VD E P U T Y GENERAL C OUNSEL2S 5 P A R K AVfNUE SOUTHI3TH FLOORNEW YORK, NY 10003(212) 4 3 5 - 3 5 0 2F A X ( 2 1 2 ) 4 3 5 - 3 5 8 4

Mr. Sam BrinkleyProfessional Staff MemberNational Commissionon Terrorist Attacks Uponthe United States301 Seventh St. SW, Room5125Washington, DC 20407Re: Port Authority Document Request Number 2Dear Mr. Brinkley:

Yesterday, I received your fax of the signed Sensitive Security Information-NonDisclosure Agreements required by the TSA for four members of your staff.Accordingly, I am transmitting the Port Authority's first production of documents inresponse to your offices' above referenced Document Request. In that regard, I enclosemy letter of October 23, 2003 to Daniel Marcus Esq., the National Commission's GeneralCounsel, in which I set forth the Port Authority's response to the request and indicate thedocuments that arebeing producedin Appendixes A and B thereto. In addition, I am alsoenclosing the Newark Airport - Airside log for September 1 1, 2001 and three floor plandrawings for the arrivals, departureand ground levels respectively of Terminal A. Alsoenclosed is a drawing for Satellite Al of the Terminal. Karl Lunan will follow-up ongathering thematerials, which you indicated that you would like copies of at theinterview of Sue Baer on October 24th. Of course he will also continue the effort toidentify whether we have any further materials that are responsive to the abovereferenced document request,

Very truly yours,

M. BegDeputy General Counsel212-435-3502


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October 23, 2003

JAMES M. BEGLEyDEPUTY GENERAL COUNSEL2 2 5 P A R K A V E N U E S O U T Hi 3 T H F L O O RNEW VORK, N IX 10003(212)435-3502FA X (213) 435-3584

Daniel Marcus, Esq.General CounselNational Commission on Terrorist Attacks Upon the United States26 Federal Plaza - 13 th FloorNew York, NY 10278Re: Port Authority Document Request No. 2; Port Authority Interview

Request No. 1; Port Authority Briefing Request No. 1Dear Mr. Marcus:

Thank you for your letter today in follow-up with our discussion on October 21st.As the TSA has now given us permission to provide Sensitive Security Information to theCommission's staff under a Non-Disclosure Agreement, we will make the material,which we have gathered under Document Request Number 2., available to Mr. Brinkleytomorrow when he interviews the Airport's General Manager and does his walk-throughof Terminal A, I attach as Index A the SSI materials, which the TSA has agreed may beprovided. Index B is a List of materials provide by Port Authority Newark Airport PoliceCommand. Index C lists material that we consider privileged, which we interpret asbeing covered by the Document Request. As I advised we are discussing withTSAproviding our proprietary, privileged information to TSA, such as that listed in Index Cfor various non-aviation facilities under an MOU, which is sdll in draft. As I advised, wewill be meeting with TSA's Newark andJFKIA counsel next Friday to discuss providingthis type of proprietary and privileged aviation security information to it under an MOU.The information will almost surely be considered SSI by TSA. Based on your letter wewill share that information with Mr. Brinkley orally, if it is in fact information he isseeking.

Thank you for your courtesies an d consideration in this matter.Very truly yours,

Deputy General Counsel212-435-3502


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INDEX ADocument Request Number 2:

Document: Civil Aviation Security- Information CircularSubject: Man-Portable Air Defense System (MANPADS) Threat to Civil AviationNumber: IC-2001-10Date: July 12,2001Document: Civil Aviation Security - Information CircularSubject: Possible Terrorist Threat Against American CitizensNumber IC-2001-09Date: July 2, 2001Document: Civil Aviation Security- Information CircularSubject: Violence Increases in IsraelNumber: IC-2001-07Date: June 4, 2001Document: Civil Aviation Security- Information CircularSubject: Ressam's Plot Against Los Angeles International AirportNumber IC-2001-IC-06Date: June 4,2001Document: Civil Aviation SecuritySubject: Additional Security ProceduresNumber: EA107-00-01CDate: January 24,2001Document: Civil Aviation Security - Information CircularSubject: Bombs Explode in Metro-ManilaNumber: IC-2001-02Date: January 9,2001Document: Civil Aviation Security- Information CircularSubject: Middle Eastern Threats to Civil AviationNumber: IC-2001-01Date: January 4, 2001Document: Civil Aviation Security- Information CircularSubject: Middle Eastern GroupMay be Planning to Bomb AircraftNumber: IC-2000-10Date: November 29,2000


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-2-Document: Civil Aviation Security- Information CircularSubject: Potential Threats During the Holiday SeasonNumber: IC-2000-09Date: November 21,2000Document: Civil Aviation Security- Information CircularSubject: Disguised WeaponsNumber: IC-2001-12Date: August 16, 2001Document: Civil Aviation Security - Information CircularSubject: Continued Middle Eastern Threats to Civil AviationNumber: IC-2001-04ADate: July 31,2001Document: Civil Aviation SecuritySubject: Additional Security ProceduresNumber: EA107-00-01DDate: July 27, 2001Document: Civil Aviation Security - Information CircularSubject: Possible Terrorist Threat - Arabian PeninsulaNumber: IC-2001-11Date: July 18, 2001Document: MemorandumSubject: ACTION: Airport Security MeasuresFrom: Acting Director, Civil Aviation Security Operations, ACO-1

U.S. Department of Transportation, Federal Aviation AdministrationDate: July 13,2001Document: Civil Aviation Security- Information CircularSubject: Possible Terrorist Threat Against American CitizensNumber: IC-2001-08Date: June 22,2001Subject: SECTION IX - AVIATION SECURITY CONTINGENCY PLAN

(AVSECPLAN)


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INDEX BDocument Request Number 2:

Subject: Newark Liberty International Airport Bomb ThreatsDate: 1998Subject: Newark Liberty International Airport Bomb ThreatsDate: 1999Subject: Newark Liberty International Airport Bomb ThreatsDate: 2000

Subject: Newark Liberty International Airport Bomb ThreatsDate: 2001


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INDEX CDocument Request Number 2:

Subject: Draft Security Review of "The Port Authority Facilities" by KrollAssociates, Inc.Date: Octobers, 2001

Subject: Draft Airport Aeronautical Area Security Site Review by Kroll Associates,Inc.Date: April 12,2001Subject: Draft Physical Security Survey and Assessment by Kroll Associates, Inc.Date: March 28, 2002


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Kean

H. Hamiltond BeivV enistc

CielandF. Fielding

GorelickGortonF - Le hma n

J . R oemerR. Thompson

D. Zelikow

October 23, 2003

James M. Begley, Esq.Deputy General CounselThe Port Authority of New York/NewJersey225 Park Avenue South13th FloorNew York, New York 10003Dear Mr. Begley:I understand that you have concerns, in connection with our staffs visit toNewark Airport and their interviews of airport officials this Friday, aboutdisclosure to the Commission of sensitive airport security information that hasnot yet been officially classified as SSI. Following up on our telephoneconversation of this morning, I am writing to assure you: (1) once suchinformation is classified as SSI, we will treat it as such, just as we have allother SSI we have received from TSA, the airlines, and others;(2) in the meantime we will nor publicly disclose any airport securityinformation designated as sensitive during our visit to and interviews atNewark Airport; and (3) in preparing our final public report, we will take carenot only to comply with our obligations as to SSI, but also to take great care inmaking use of any other security information designated by Newark Airportofficials as sensitive.

...Sincerely,/ "";

'Daniel MarcusGeneral Counsel

301 7"'Street SW, Room 5125Washington, DC 20407T 202.331.4060 F 202.296.5545www.9-1 lcommission.gov

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