Professional Documents
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Kean
CHAIR
MASSPORT DOCUMENT REQUEST No. 1
Lee H. Hamilton The National Commission on Terrorist Attacks Upon the United States
VICE CHAIR
(the "Commission") requests that the Massachusetts Port Authority
Richard Ben-Veniste
(Massport or the "respondent") provide the Commission with copies of
Max Cleland the following documents no later than September 12, 2003:
Fred F. Fielding
1 . Documents, tapes, and transcripts relating to Colgan Air Flight 5930,
Jamie S. Gorelick AAL Flight 11, UAL Flight 175, and/or any hijackers or hijacked
flights on September 1 1 , 2001 .
Slade Gorton
9. Documents, including but not limited to Security Directives and Information Circulars, received
by Massport and Logan International Airport from the Federal Aviation Administration regarding
threats to civil aviation security from 1998 through September 11, 2001, and documents
sufficient to describe Massport's actions in response to such information.
10. Documents relating to airport and air carrier personnel employed at Logan International Airport
from 1998 through September 11, 2001 suspected of terrorist activities, affiliations or
associations.
11. Documents sufficient to describe actions taken or proposed by Massport in response to the Carter
Commission report.
12. Schematics, such as blueprints, depicting the physical layout of the terminals servicing AAL
Flight 11, UAL Flight 175, and Colgan Air Flight 5930 on September 11, 2001, including
documents that identify each terminal by its designation letter, the individual gates by number,
and the location and designation of each of the security checkpoints servicing the terminals.
The Commission requests that documents requested above be provided as soon as they are available,
even though all requested documents may not be provided at the same time, through means of a
"rolling" production.
If any requested documents are withheld from production, even temporarily, based on an alleged
claim of privilege or for any other reason, the Commission requests that the respondent, as soon as
possible and in no event later than the production date, identify and describe each such document or
class of documents, as well as the alleged basis for not producing it, with sufficient specificity to
allow a meaningful challenge to any such withholding.
If the respondent does not have possession, custody or control of any requested documents but has
information about where such documents may be located, the Commission requests that the
respondent provide such information as soon as possible and in no event later than the production
date.
If the respondent has any questions or concerns about the interpretation or scope of these document
requests, the Commission requests that any such questions or concerns be raised with the
Commission as soon as possible so that any such issues can be addressed and resolved prior to the
production date.
November 4,2003
By Federal Express
Dear John:
As you know, this firm, along with O'Melveny & Myers LLP, represents the Massachusetts Port
Authority ("Massport") in connection with certain matters arising out of the terrorist hijackings
and attacks of September 11,2001. On behalf of Massport, we submit this letter and the
enclosed documents in response to Document Request No. 1 issued to Massport by the National
Commission on Terrorist Attacks upon the United States (the "Request" and the "Commission,"
respectively).
Pursuant to our prior discussions with counsel to the Commission, we understand that, during the
pendency of its inquiry, the Commission will maintain all documents produced by Massport (the
"Subject Documents")—whether or not they contain or constitute Sensitive Security
Information, as defined by 49 C.F.R. § 1520 ("SSI")—in nonpublic files and will not publicly
disclose the Subject Documents. We further understand that, upon the conclusion of its work,
the Commission will cause the Subject Documents to be deposited with the National Archives,
where they will be subject to appropriate restrictions as to their availability to the public. In the
event that the Commission intends to cite or refer to the Subject Documents in its final public
report or in a public hearing conducted by the Commission, we understand that the Commission
will give us prior notice of its intention to do so. Should the Commission be served or otherwise
presented with any third party subpoena or other request for the Subject Documents, we also
understand that the Commission will provide us timely notice of such subpoena or request.
Finally, we understand that the Commission, with the assistance of the Department of Justice,
intends to resist, through all appropriate means, any effort to seek the public disclosure of the
Subject Documents, whether by means of a subpoena or otherwise.
r
'GOODWIN PROCTER
With this understanding, we are producing under cover of this letter the documents identified on
the index attached as Exhibit A. These are all of the non-privileged documents located to date
that are responsive to the Request. If additional responsive, non-privileged documents are
located, we will promptly produce them. As we have discussed, the process of reviewing
electronic mail retrieved from Massport's Outlook servers is underway, and Massport will
produce all non-privileged electronic mail correspondence that is responsive to the Request as
soon as practicable under the circumstances.
As you know, Massport has received authorization from the U.S. Transportation Security
Administration ('TSA") to release the Subject Documents to the Commission subject to the
restrictions on disclosure contained in the Non-Disclosure Agreements signed by those members
of the Commission's staff that will have access to the Subject Documents. For your information,
we have affixed a legend to each document that the TSA has indicated may contain or constitute
SSI.
Please call me at the number listed above should you have any question or wish to discuss any
aspect of this matter.
Sincerely,
Christopher D. Moore
REQUEST NO. 1
Documents, tapes, and transcripts relating to Colgan Air Flight 5930, AAL Flight 11, UAL
Flight 175, and/or any hijackers or hijacked flights on September 11,2001.
RESPONSIVE DOCUMENTS
REQUEST NO. 2
Documents regarding terrorist threats to Logan International Airport and the Port of Boston from
1998 through September 11,2001, including communications from the Federal Aviation
Administration ('TAA") and federal, state, and local law enforcement agencies.
RESPONSIVE DOCUMENTS
9/11
Working-level
Employee
Description Date Preliminary SSI Bates Range
Designation
Memorandum from Lawless to 6/14/01 SSI MP 000447
Buckingham re: pending CTI security
assessment
CTI Report re: Logan Security 3/27/00 SSI MP 094386-
System Portals MP 094438
REQUEST NO. 4
RESPONSIVE DOCUMENTS
REQUEST NO. 5
Documents, tapes, and transcripts relating to possible surveillance of airport and air carrier
operations at Logan International Airport for terrorist purposes, including any surveillance or
visits conducted by the 9/11/01 hijackers, from 1998 through September 11, 2001.
RESPONSIVE DOCUMENTS
None.
REQUEST NO. 6
RESPONSIVE DOCUMENTS
10
Description Date Preliminary SSI Bates Range
Designation
Meeting Minutes of a Massport 5/21/99 SSI MP 022898 -
Emergency Planning Committee MP 022900
Meeting discussing security
initiatives
Meeting Minutes of a Massport 7/15/99 SSI MP 064386 -
Emergency Planning Committee MP 064389
Meeting discussing security
initiatives
Meeting Minutes of a Massport 8/5/99 SSI MP 026068-
Emergency Planning Committee MP 026070
Meeting discussing security
initiatives
Meeting Minutes of a Massport 9/9/99 SSI MP 026071 -
Emergency Planning Committee MP 026074
Meeting discussing security
initiatives
Meeting Minutes of a Massport 10/7/99 SSI MP 064310-
Emergency Planning Committee MP 0643 15
Meeting discussing security
initiatives
Meeting Minutes of a Massport 11/10/99 SSI MP 022894-
Emergency Planning Committee MP 022896
Meeting discussing security
initiatives
Meeting Minutes of a Massport 2/3/00 SSI MP 065783-
Emergency Planning Committee MP 065786
Meeting discussing security
initiatives
Meeting Minutes of a Massport 3/2/00 SSI MP 026066-
Emergency Planning Committee MP 026067
Meeting discussing security
initiatives
Meeting Minutes of a Massport 10/5/00 SSI MP 065873 -
Emergency Planning Committee MP 065875
Meeting discussing security
initiatives
Meeting Minutes of a Massport 11/2/00 SSI MP 055330-
Emergency Planning Committee MP 055331
Meeting discussing security
initiatives
Meeting Minutes of a Massport 2/1/01 SSI MP 064390 -
Emergency Planning Committee MP 064392
Meeting discussing security
initiatives
11
Description Date Preliminary SSI Bates Range
Designation
Meeting Minutes of a Massport 4/5/01 SSI MP 065937-
Emergency Planning Committee MP 065939
Meeting discussing security
initiatives
Meeting Minutes of a Massport 5/10/01 SSI MP 065973 -
Emergency Planning Committee MP 065974
Meeting discussing security
initiatives
Meeting Minutes of a Massport 11/5/98 SSI MP 026107-
Emergency Planning Committee MP 0261 13
Meeting discussing security-related
improvements (w/att.)
Meeting Minutes of a Massport 8/19/99 SSI MP 063826-
Working Committee Established To MP 063828
Plan an Airport Security Awareness
Training Program
Meeting Minutes of a Massport 9/16/99 SSI MP 063730
Working Committee Established To
Plan an Airport Security Awareness
Training Program
Meeting Minutes of a Massport 9/22/99 SSI MP 064006-
Working Committee Established To MP 064010
Plan an Airport Security Awareness
Training Program
Meeting Minutes of a Massport 1/19/00 SSI MP 063714-
Working Committee Established To MP 063715
Plan an Airport Security Awareness
Training Program
Proposed Decision Package Form for 2/5/99 SSI MP 019254
increased LASER funding
Proposed Decision Package Form for 2/5/99 SSI MP 019261
new personnel to improve security
badging operations
Proposed Decision Package Form for 2/5/99 SSI MP 019263
access control audit
Public Safety Unit Decision Package 3/01 SSI MP 032089-
Requests for FY 2002 MP 032102
REQUEST NO. 7
12
RESPONSIVE DOCUMENTS
REQUEST NO. 8
Documents discussing "lessons learned" and/or other evaluations of aviation security operations
at Logan International Airport resulting from the events of September 11,2001.
RESPONSIVE DOCUMENTS
13
Description Date Preliminary SSI Bates Range
Designation
Draft Security Awareness Briefing 9/18/01 SSI MP 066039
Draft Massport Aircraft and Airfield 9/19/01 SSI MP 066042
Security Awareness Briefing
Draft Initial Assessment of Logan's Undated SSI MP 067811-
camera system and terminal layout by MP 067819
cn
Draft report re: security assessment of 11/1/01 SSI MP 043397 -
Logan by CTI MP 043405
Draft report re: security assessment of 11/6701 SSI MP 094791-
Logan by CTI MP 094849.1
Draft report re: security assessment of 11/30/01 SSI MP 094850-
Logan by CTI MP 094908
Draft report re: security enhancement 12/3/01 SSI MP 094909 -
proposals for Logan by CTI MP 094924
Draft report re: security assessment of 1/17/02 SSI MP 094925-
Logan by CTI MP 094983
Final report re: security assessment of 9/30/02 SSI MP 094984 -
Logan by CTI MP 095046
Memorandum from U.S. DOJ to 9/22/01 SSI MP 038442 -
Lawless re: security concerns at MP 038443
Logan
Memorandum from! Itol 1 9/12/01 SSI MP 032267-
re: knife removal from sterile areas in MP 032270
accordance with FAA Security
Directives
-Letter from Lawless to the FAA re: 9/13/01 SSI MP 042833 -
security measures implemented in MP 042835
9/11
accordance with FAA regulations
Working-level Letter from Lawless to Canavan re: 9/21/01 SSI MP 071 180
Employee the need for enhanced testing of
security checkpoint magnetometers
Letter from Buckingham and Kinton 9/25/01 SSI MP 069601 -
to the American Association of MP 069604
Airport Executives re:
recommendations for security
improvements
Memorandum from KML to 9/27/01 SSI MP 069275 -
Buckingham re: additional security MP 069282
measures implemented at Logan since
9/11/01
Letter from] | and 1 to Mass. 10/11/01 SSI MP 042662 -
State Publications and Regulations MP 042668
Division re: Massport emergency
regulations promulgated in response
14
Description Date Preliminary SSI Bates Range
Designation
to9/ll/01(w/att.)
LASER Program Quarterly Report for 10/22/01 SSI MP 002248-
July - September 2001 (w/ cover MP 002254
letter)
Issues and recommendations for the 10/29/01 SSI MP 038460-
Airport Security Review Team at MP 038468
Logan
Preliminary Findings and 10/18/01 SSI MP 035896-
Recommendations on Logan security, MP 035928
prepared b^ 1 and
=1 1
Memorandum frornl Ito Kinton 11/1/01 SSI MP 038418
9/1 1 fln/H ~l re: illegal immigrants
Working-level passing through Logan checkpoints
Memorandum from] |to Airline 11/2/01 SSI MP 062339-
station managers transmitting an MP 062342
Executive Director's Memorandum
re: identification checks at security
checkpoints
Memorandum from Kinton to Logan 11/5/01 SSI MP 062344 -
tenants transmitting an Executive MP 062346
Director's Memorandum re:
Massport's access control zero
tolerance policy (w/att.)
Massport Executive Director's 11/1/01 SSI MP 064794-
Memorandum re: the locking of MP 064795
aircraft propellers
Massport Executive Director's 12/3/01 SSI MP 064809-
Memorandum re: the locking of MP 064810
aircraft propellers
Draft Massport Executive Director's 11/9/01 SSI MP 064952 -
Memorandum re: prohibited items MP 064954
confiscated at security checkpoints
Massport Executive Director's 12/3/01 SSI MP 064807-
Memorandum re: monthly audits of MP 064808
concessionaires operating in sterile
areas
Massport Executive Director's 11/16701 SSI MP 064455 -
Memorandum re: lock changes to MP 064456
AOA access points
Massport Executive Director's 11/1/01 SSI MP 064792-
Memorandum re: requirements for MP 064793
armored car services
Massport Executive Director's 11/1/01 SSI MP 064789-
15
Description Date Preliminary SSI Bates Range
Designation
Memorandum re: requirements for MP 064791
9/11 aviation service companies at Logan
Working-level Memorandum from) (and 10/31/01 MP 032767-
Employee
SSI
[ | to the Governor's MP 032772
Commission on the Massachusetts
Port Authority re: suggested state
legislative changes
Press Releases and other public 9/11/01 Not SSI MP 094454-
statements issued by Massport or - present MP 094484
Massport officials regarding
Massport's responses to the 9/1 1
terrorist attacks
REQUEST NO. 9
Documents, including but not limited to Security Directives and Information Circulars, received
by Massport and Logan International Airport from the FAA regarding threats to civil aviation
security from 1998 through September 11,2001, and documents sufficient to describe
Massport's actions in response to such information.
RESPONSIVE DOCUMENTS
REQUEST NO. 10
Documents relating to airport and air carrier personnel employed by Logan International Airport
from 1998 through September 11,2001 suspected of terrorist activities, affiliations or
associations.
RESPONSIVE DOCUMENTS
None.
REOUESTNO.il
Documents sufficient to describe actions taken or proposed by Massport in response to the Carter
Commission report
16
Description Date Preliminary SSI Bates Range
Designation
Memorandum re: requirements for MP 064791
9/11 aviation service companies at Logan
Working-level Memorandum from] (and 10/31/01 SSI MP 032767-
Employee
| |to the Governor's MP 032772
Commission on the Massachusetts
Port Authority re: suggested state
legislative changes
Press Releases and other public 9/11/01 Not SSI MP 094454-
statements issued by Massport or - present MP 094484
Massport officials regarding
Massport's responses to the 9/1 1
terrorist attacks
REQUEST NO. 9
Documents, including but not limited to Security Directives and Information Circulars, received
by Massport and Logan International Airport from the FAA regarding threats to civil aviation
security from 1998 through September 11,2001, and documents sufficient to describe
Massport's actions in response to such information.
RESPONSIVE DOCUMENTS
REQUEST NO. 10
Documents relating to airport and air carrier personnel employed by Logan International Airport
from 1998 through September 11,2001 suspected of terrorist activities, affiliations or
associations.
RESPONSIVE DOCUMENTS
None.
REOUESTNO.il
Documents sufficient to describe actions taken or proposed by Massport in response to the Carter
Commission report
16
RESPONSIVE DOCUMENTS
REQUEST NO. 12
Documents, such as blueprints, depicting the physical layout of the terminals servicing AAL
Flight 11, UAL Flight 175, and Colgan Air Flight 5930 on September 11,2001, including
documents that identify each terminal by its designation letter, the individual gates by number,
and the location and designation of each of the security checkpoints servicing the terminals.
RESPONSIVE DOCUMENTS
17