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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40115]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40115. Withholding information

    (a) Objections to Disclosure.--(1) A person may object to the public 
disclosure of information--
        (A) in a record filed under this part; or
        (B) obtained under this part by the Secretary of Transportation 
    or State or the United States Postal Service.

    (2) An objection must be in writing and must state the reasons for 
the objection. The Secretary of Transportation or State or the Postal 
Service shall order the information withheld from public disclosure when 
the appropriate Secretary or the Postal Service decides that disclosure 
of the information would--
        (A) prejudice the United States Government in preparing and 
    presenting its position in international negotiations; or
        (B) have an adverse effect on the competitive position of an air 
    carrier in foreign air transportation.

    (b) Withholding Information From Congress.--This section does not 
authorize information to be withheld from a committee of Congress 
authorized to have the information.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1111.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40115.................................  49 App.:1504.                    Aug. 23, 1958, Pub. L. 85-726, Sec.
                                                                          1104, 72 Stat. 797; restated Oct. 24,
                                                                          1978, Pub. L. 95-504, Sec.  39, 92
                                                                          Stat. 1743; Feb. 15, 1980, Pub. L. 96-
                                                                          192, Sec.  19, 94 Stat. 43.
----------------------------------------------------------------------------------------------------------------

    In subsection (a)(1)(B), the words ``the Secretary of Transportation 
or State or the United States Postal Service'' are substituted for ``the 
Board, the Secretary of State, or the Secretary of Transportation'' 
because under 49 App.:1551 the duties of the Civil Aeronautics Board 
were transferred to the Secretary of Transportation and the Postal 
Service.
    In subsection (a)(2), the words ``shall order the information 
withheld from public disclosure when the appropriate Secretary or the 
Postal Service decides that disclosure of the information'' are 
substituted for ``shall be withheld from public disclosure by the Board, 
the Secretary of State or the Secretary of Transportation'' for clarity 
and because of the restatement.
    In subsection (b), the words ``The Board, the Secretary of State, or 
the Secretary of Transportation, as the case may be, shall be 
responsible for classified information in accordance with appropriate 
law'' are omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in section 46311 of this title.