§27.400. Chemical-terrorism vulnerability information. — Inbound Citations

(e) In addition to the protections provided under Chemical-terrorism Vulnerability Information in § 27.400, information received in an audit or inspection under this section, including the identity of the persons involved in the inspection or who provide information during the inspection, shall remain confidential under the investigatory file exception, or other appropriate exception, to the public disclosure requirements of 5 U.S.C. 552.

(3) The distribution limitation statement is: WARNING: This record contains Chemical-terrorism Vulnerability Information controlled by 6 CFR 27.400. Do not disclose to persons without a “need to know” in accordance with 6 CFR 27.400(e). Unauthorized release may result in civil penalties or other action. In any administrative or judicial proceeding, this information shall be treated as classified information in accordance with 6 CFR 27.400(h) and (i).

As used in this part:

(a) This section governs the maintenance, safeguarding, and disclosure of information and records that constitute Chemical-terrorism Vulnerability Information (CVI), as defined in § 27.400(b). The Secretary shall administer this section consistent with 6 U.S.C. 621 et seq., including appropriate sharing with Federal, State, and local officials.

(9) Other information developed for chemical facility security purposes that the Secretary, in his or her discretion, determines is similar to the information protected in § 27.400(b)(1) through (8) and thus warrants protection as CVI.

(9) Other information developed for chemical facility security purposes that the Secretary, in his or her discretion, determines is similar to the information protected in § 27.400(b)(1) through (8) and thus warrants protection as CVI.

(9) Other information developed for chemical facility security purposes that the Secretary, in his or her discretion, determines is similar to the information protected in § 27.400(b)(1) through (8) and thus warrants protection as CVI.

(9) Other information developed for chemical facility security purposes that the Secretary, in his or her discretion, determines is similar to the information protected in § 27.400(b)(1) through (8) and thus warrants protection as CVI.

(9) Other information developed for chemical facility security purposes that the Secretary, in his or her discretion, determines is similar to the information protected in § 27.400(b)(1) through (8) and thus warrants protection as CVI.

(9) Other information developed for chemical facility security purposes that the Secretary, in his or her discretion, determines is similar to the information protected in § 27.400(b)(1) through (8) and thus warrants protection as CVI.

(9) Other information developed for chemical facility security purposes that the Secretary, in his or her discretion, determines is similar to the information protected in § 27.400(b)(1) through (8) and thus warrants protection as CVI.

(9) Other information developed for chemical facility security purposes that the Secretary, in his or her discretion, determines is similar to the information protected in § 27.400(b)(1) through (8) and thus warrants protection as CVI.

(7) When a covered person becomes aware that CVI has been released to persons without a need to know (including a covered person under § 27.400(c)(2)), the covered person must promptly inform the Executive Assistant Director; and

(1) Each person who has a need to know CVI, as specified in § 27.400(e); and

(4) Mark CVI as specified in § 27.400(f);

(v) When the Department determines that access is required under § 27.400(h) or § 27.400(i) in the course of a judicial or administrative proceeding.

(2) Prior to providing CVI to a person under § 27.400(h)(1), the Department 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 Department, a security background check.

(v) When the Department determines that access is required under § 27.400(h) or § 27.400(i) in the course of a judicial or administrative proceeding.

(i) Prior to providing CVI to a person under § 27.400(i)(1), the Department may require the individual to undergo and satisfy, in the judgment of the Department, a security background check.

(1) The Department may provide CVI to a person governed by 6 U.S.C. 621 et seq., and his or her counsel, in the context of an administrative enforcement proceeding of 6 U.S.C. 621 et seq. when, in the sole discretion of the Department, as appropriate, access to the CVI is necessary for the person to prepare a response to allegations contained in a legal enforcement action document issued by the Department.

(5) Dispose of CVI as specified in § 27.400(k);

(ii) Section 27.400(k)(2) does not require a State or local government agency to destroy information that the agency is required to preserve under State or local law.