Page:United States Statutes at Large Volume 108 Part 2.djvu/395

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1111 make a written report of each proceeding and investigation under this part in which a formal hearing was held and shall provide a copy to each party to the proceeding or investigation. The report shall include the decision, conclusions, order, and requirem2nts of the Secretary or Administrator as appropriate. (2) The Secretary (or the Administrator with respect to aviation Publication, safety duties and powers designated to be carried out by the Administrator) shall have all reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or prescribes published in the form and way best adapted for public use. A publication of the Secretary or Administrator is competent evidence of its contents. (b) PUBLIC RECORDS.—Except as provided in subpart II of this part, copies of tariffs and arrangements filed with the Secretary under subpart II, and the statistics, tables, and figures contained in reports made to the Secretary under subpart II, are public records. The Secretary is the custodian of those records. A public record, or a copy or extract of it, certified by the Secretary under the seal of the Department of Transportation is competent evidence in an investigation by the Secretary and in a judicial proceeding. § 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 Sendee 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.— T his section does not authorize information to be withheld from a committee of Congress authorized to have the information. §40116. State taxation (a) DEFINITION.— In this section, "State" includes the District of Columbia, a territory or possession of the United States, and a political authority of at least 2 States. (b) PROHIBITIONS.— Except as provided in subsection (c) of this section and section 40117 of this title, a State or political subdivision of a State may not levy or collect a tax, fee, head charge, or other charge on— (1) an individual traveling in air commerce; (2) the transportation of an individual traveling in air commerce; (3) the sale of air transportation; or (4) the gross receipts from that air commerce or transportation. (c) AIRCRAFT TAKING OFF OR LANDING IN STATE. —A State or political subdivision of a State may levy or collect a tax on or related to a flight of a commercial aircraft or an activity or service