49 USC 40115: Information harmful to U.S. International aviation negotiation or to any U.S. International air carrier.
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of Transportation | 4.0 |
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
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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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.
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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.