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13=57 DOMBROFF GILHORE 2026253150 P. 02/11
October 1,2003
As you know, the National Commission on Terrorist Attacks Upon the United States
("Kean Commission") has submitted a request to the Metropolitan Washington Airports
Authority ("MWAA") for documents relating to the September 11,2001 terrorist attacks.
As we indicated in our letter to you of September 24, 2003, MWAA has several concerns relating
to the document request, including the fact that the request calls for the production of Sensitive
Security Information ("SSI"). As we discussed on September 30, we are enclosing a production
log listing the documents we intend to produce to the Kean Commission. We request that you
review the log and grant us authorization to produce the documents to the Commission.
During our conversation on September 30, you requested that we identify those items that
we believe constitute SSI. In an abundance of caution, we have construed the term SSI broadly
and consider any information potentially falling within the categories enumerated at 49 C.F.R.
§ 1520.7 (2002), and any information that could possibly "help someone determine how to defeat
security systems" (67 Fed. Reg. 8342 (2002)) to be SSI. Applying these guidelines, the only
items appearing on our production log that we are certain do not constitute SSI are the press
releases and reports at Bates Ranges MWAA 85-93, 98,165-187, 1285,1484-1486.
By copy of this letter, we are also forwarding our production log to the Kean
Commission. The Commission has agreed to execute a confidentiality agreement covering this
production. Upon execution of an acceptable confidentiality agreement and after we receive
clearance from you, we will forward the documents listed in our index to the Commission.
A. *80rc3SIONAL COHPOBATIO*
13=57 DOMBROFF GILMORE 2026253150 P.03/11
If you have any questions or need copies of individual documents in order to make your
assessment, please contact us. Thank you for your assistance with this issue.
Mark A. Dombroff
Michael W. Kerns
Enclosure
CORPORATION
13=57 DOMBROFF GILMORE 2026253150 P.04/11
Attachment 1
13=57 DOMBROFF GILMORE 2026253150 P. 05/11
806048
TOTflL P.11
DOMBROFF & GILMORE
MIAMI lOaS THOMAS JEFFERSON STREET, N.W. • WEST LOBBY • SUITE 3OO TELEPHONE
NEW YORK <2Oa> 96S-SIOO
CHICAGO WASHINGTON, D.C. 2OOO7-52OI TELECOPIER
) 63S-3ISO
We have raised our concerns with Mr. Daniel Marcus, General Counsel to the Kean
Commission. Mr. Marcus suggested we contact you to discuss the issue. Unfortunately, we
have been unable to reach you by telephone.
Of course, MWAA wishes to cooperate fully with the Kean Commission. However, we
do not believe we can produce documents containing SSI to the Commission absent express
authorization from the Transportation Security Administration. Accordingly, we request you
contact us at your earliest convenience to discuss this matter.
A PROFESSIONAL CORPORATION
DOMBROFF & GILMORE
Very truly
DOMBROFF/jILMORE
. Dombroff
Michael W. Kerns
Enclosure
A PROFESSIONAL CORPORATION