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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

SHARING OF APPLICATION INFORMATION AND PROTECTION OF CONFIDENTIAL BUSINESS INFORMATION

Given the complexity of some aspects of the application process, technical assistance is available to help with the application process. Please contact the technical primary point of contact listed in Section G for technical assistance.

Sharing of Application Information

The Department may share application information within the Department or with other federal agencies if the Department determines that sharing is relevant to the respective program’s objectives.

Protection of Confidential Business Information

All information submitted as part of or in support of any application shall use publicly available data or data that can be made public, and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may cross-reference from the application narrative or other portions of the application.

For the separate document containing confidential information, the applicant must do the following: 
1.    State on the cover of that document that it “Contains Confidential Business Information (CBI).” 
2.    Mark each page that contains confidential information with “CBI.” 
3.    Highlight or otherwise denote the confidential content on each page.
4.    At the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. 

DOT will protect confidential information complying with these requirements to the extent required under applicable law. If DOT receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, DOT will follow the procedures described in its FOIA regulations at 49 CFR § 7.29. Only information that is in the separate document, marked in accordance with this section, and ultimately determined to be confidential under § 7.29 will be exempt from disclosure under FOIA.