cfr_sections
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33 rows where part_number = 350 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:5.1.1.2.4.1.1.1 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | A | Subpart A—General | § 350.101 Purpose. | FHWA | The purpose of this part is to provide direction for entities seeking MCSAP or High Priority Program funding to improve motor carrier, CMV, and driver safety. | ||||
| 49:49:5.1.1.2.4.1.1.2 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | A | Subpart A—General | § 350.103 Effective date of changes to financial assistance programs. | FHWA | The changes to the FMCSA financial assistance programs under this part take effect for fiscal year 2021 (beginning October 1, 2020) financial assistance funds and beyond. | ||||
| 49:49:5.1.1.2.4.1.1.3 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | A | Subpart A—General | § 350.105 Definitions. | FHWA | Unless specifically defined in this section, terms used in this part are subject to the definitions in 49 CFR part 390. As used in this part: Administrative takedown funds means funds FMCSA deducts each fiscal year from the amounts made available for MCSAP and the High Priority Program for expenses incurred by FMCSA for training State and local government employees and for the administration of the programs. Administrator means the administrator of FMCSA. Border State means a State that shares a land border with Canada or Mexico. Commercial motor vehicle (CMV) means a motor vehicle that has any of the following characteristics: (1) A gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW), or gross combination weight rating (GCWR) of 4,537 kilograms (10,001 pounds) or more. (2) Regardless of weight, is designed or used to transport 16 or more passengers, including the driver. (3) Regardless of weight, is used in the transportation of hazardous materials and is required to be placarded pursuant to 49 CFR part 172, subpart F. Commercial vehicle safety plan (CVSP) means a State's CMV safety objectives, strategies, activities, and performance measures that cover a 3-year period, including the submission of the CVSP for the first year and annual updates thereto for the second and third years. Compatible or compatibility means State laws, regulations, standards, and orders on CMV safety that: (1) As applicable to interstate commerce not involving the movement of hazardous materials: (i) Are identical to or have the same effect as the FMCSRs; or (ii) If in addition to or more stringent than the FMCSRs, have a safety benefit, do not unreasonably frustrate the Federal goal of uniformity, and do not cause an unreasonable burden on interstate commerce when enforced; (2) As applicable to intrastate commerce not involving the movement of hazardous materials: (i) Are identical to or have the same effect as the FMCSRs; or (ii) Fall within the limited variances from the… | ||||
| 49:49:5.1.1.2.4.2.1.1 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.201 MCSAP administration: Goal and purpose. | FHWA | (a) General. MCSAP is a Federal formula grant program that provides financial assistance to States to reduce the number and severity of crashes, and resulting injuries and fatalities, involving CMVs and to promote the safe transportation of passengers and hazardous materials. The goal of MCSAP is to reduce CMV-involved crashes, fatalities, and injuries through consistent, uniform, and effective CMV safety programs that include driver or vehicle inspections, traffic enforcement, carrier investigations, new entrant safety audits, border enforcement, safety data improvements, and Performance and Registration Information Systems Management (PRISM). (b) MCSAP purpose. The purpose of MCSAP is to ensure FMCSA and States, local government agencies, other political jurisdictions, Federally-recognized Indian Tribes, and other organizations and persons work in partnership to establish programs to improve motor carrier, CMV, and driver safety to support a safe and efficient transportation system by— (1) Making targeted investments to promote safe CMV transportation, including transportation of passengers and hazardous materials; (2) Investing in activities likely to generate maximum reductions in the number and severity of CMV crashes and in fatalities resulting from CMV crashes; (3) Adopting and enforcing effective and compatible (as defined in § 350.105 of this part) motor carrier, CMV, and driver safety laws, regulations, standards, and orders; and (4) Assessing and improving State-wide performance of motor carrier, CMV, and driver safety by setting program goals and meeting performance standards, measurements, and benchmarks. (c) State participation. MCSAP sets conditions of participation for States and promotes the adoption and uniform enforcement of compatible laws, regulations, standards, and orders on CMV safety. | ||||
| 49:49:5.1.1.2.4.2.1.10 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.219 MCSAP administration: Award of funds under a continuing resolution or an extension of FMCSA's authorization. | FHWA | In the event of a continuing resolution or an extension of FMCSA's authorization, subject to the availability of funding, FMCSA may first issue grants to States that have the lowest percent of undelivered obligations of the previous Federal fiscal year's funding, or as otherwise determined by the Administrator. | ||||
| 49:49:5.1.1.2.4.2.1.11 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.221 MCSAP administration: Availability of funds. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | MCSAP funds obligated to a State will remain available for the Federal fiscal year that the funds are obligated and the next 2 full Federal fiscal years. | |||
| 49:49:5.1.1.2.4.2.1.12 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.223 MCSAP administration: Federal and State shares of costs incurred. | FHWA | (a) Federal share. FMCSA will reimburse at least 85 percent of the eligible costs incurred under MCSAP. (b) Match. (1) In-kind contributions are acceptable in meeting a State's matching share under MCSAP if they represent eligible costs, as established by 2 CFR parts 200 and 1201 and the MCSAP application announcement. (2) States may use amounts generated under the Unified Carrier Registration Agreement as part of the State's match required for MCSAP, provided the amounts are not applied to the MOE required under § 350.225 and are spent on eligible costs, as established by 2 CFR parts 200 and 1201 and the MCSAP application announcement. (c) Waiver. (1) The Administrator waives the requirement for the matching share under MCSAP for American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands. (2) The Administrator reserves the right to reduce or waive the matching share under MCSAP for other States in any fiscal year: (i) As announced in the MCSAP application announcement; or (ii) As determined by the Administrator on a case-by-case basis. | ||||
| 49:49:5.1.1.2.4.2.1.13 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.225 MCSAP administration: Maintenance of effort to qualify for funds. | FHWA | (a) General. Subject to paragraph (e) of this section, a State must maintain an MOE each fiscal year for CMV safety programs eligible for funding under this part at a level at least equal to: (1) The average level of that expenditure for the base period of fiscal years 2004 and 2005; or (2) The level of expenditure in fiscal year 2021, as adjusted under section 5107 of the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94, 129 Stat. 1312, 1532-34 (2015)). (b) Calculation. In determining a State's MOE, FMCSA: (1) May allow the State to exclude State expenditures for Federally-sponsored demonstration and pilot CMV safety programs and strike forces; (2) May allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits; (3) May allow the State to use amounts generated under the Unified Carrier Registration Agreement, provided the amounts are not applied to the match required under § 350.223; (4) Requires the State to exclude Federal funds; and (5) Requires the State to exclude State matching funds required under § 350.223. (c) Costs. (1) In calculating the MOE under paragraph (b) of this section, a State must include all eligible costs associated with activities performed during the base period by the Lead State Agency that receives funds under this part. (2) In its annual MOE, a State must include only those activities that meet the current requirements for funding eligibility under MCSAP. (d) Waivers and modifications. (1) If a State requests, FMCSA may waive or modify the State's obligation to meet its MOE for a fiscal year if FMCSA determines that the waiver or modification is reasonable, based on circumstances described by the State. (2) Requests to waive or modify the State's obligation to meet its MOE must be submitted to FMCSA in writing. (3) FMCSA will review the request and provide a response as soon as practicable, but no later than 120 days following receipt of the request. (e) Permanent adjustment. After Federal… | ||||
| 49:49:5.1.1.2.4.2.1.14 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.227 MCSAP administration: Activities eligible for reimbursement. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | (a) General. The primary activities eligible for reimbursement under MCSAP are: (1) Activities that support the national program elements listed in § 350.203; and (2) Sanitary food transportation inspections performed under 49 U.S.C. 5701. (b) Additional activities. If part of the approved CVSP and accompanied by an appropriate North American Standard Inspection and inspection report, additional activities eligible for reimbursement are: (1) Enforcement of CMV size and weight limitations at locations, other than fixed-weight facilities, where the weight of a CMV can significantly affect the safe operation of the vehicle, such as near steep grades or mountainous terrains, or at ports where intermodal shipping containers enter and leave the United States; and (2) Detection of, and enforcement activities taken as a result of, criminal activity involving a CMV or any occupant of the vehicle, including the trafficking of human beings. (c) Traffic enforcement activities. (1) Documented activities to enforce State traffic laws and regulations designed to promote the safe operation of CMVs are eligible for reimbursement under MCSAP. (2) Documented activities to enforce State traffic laws and regulations relating to non-CMVs are eligible for reimbursement under MCSAP if: (i) The documented activities are necessary to promote the safe operation of CMVs; (ii) The number of motor carrier safety activities, including safety inspections, is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2014 and 2015; and (iii) The State does not use more than 10 percent of its MCSAP funds for enforcement activities relating to non-CMVs, unless the Administrator determines that a higher percentage will result in significant increases in CMV safety. | |||
| 49:49:5.1.1.2.4.2.1.15 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.229 MCSAP administration: Specific costs eligible for reimbursement. | FHWA | (a) General. FMCSA must establish criteria for activities eligible for reimbursement and make those criteria available to the States in the MCSAP application announcement before the MCSAP application period. (b) Costs eligible for reimbursement. All costs relating to activities eligible for reimbursement must be necessary, reasonable, allocable, and allowable under this subpart and 2 CFR parts 200 and 1201. The eligibility of specific costs for reimbursement is addressed in the MCSAP application announcement and is subject to review and approval by FMCSA. (c) Ineligible costs. MCSAP funds may not be used for the: (1) Acquisition of real property or buildings; or (2) Development, implementation, or maintenance of a State registry of medical examiners. | ||||
| 49:49:5.1.1.2.4.2.1.16 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.231 MCSAP administration: Consequences for failure to meet conditions. | FHWA | (a) General. (1) If a State is not performing according to an approved CVSP or not adequately meeting the conditions set forth in § 350.207, the Administrator may issue a written notice of proposed determination of nonconformity to the chief executive of the State or the official designated in the CVSP. (2) The notice will set forth the reasons for the proposed determination. (b) Response. The State has 30 days from the date of the notice to reply. The reply must address the discrepancy cited in the notice and must provide documentation as requested. (c) Final Agency decision. (1) After considering the State's reply, the Administrator makes a final decision. (2) In the event the State fails to timely reply to a notice of proposed determination of nonconformity, the notice becomes the Administrator's final determination of nonconformity. (d) Consequences. Any adverse decision will result in FMCSA: (1) Withdrawing approval of the CVSP and withholding all MCSAP funds to the State; or (2) Finding the State in noncompliance in lieu of withdrawing approval of the CVSP and withholding: (i) Up to 5 percent of MCSAP funds during the fiscal year that FMCSA notifies the State of its noncompliance; (ii) Up to 10 percent of MCSAP funds for the first full fiscal year of noncompliance; (iii) Up to 25 percent of MCSAP funds for the second full fiscal year of noncompliance; and (iv) Up to 50 percent of MCSAP funds for the third and any subsequent full fiscal year of noncompliance. (e) Judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7. | ||||
| 49:49:5.1.1.2.4.2.1.2 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.203 MCSAP administration: National MCSAP elements. | FHWA | The national MCSAP elements are: (a) Driver inspections; (b) Vehicle inspections; (c) Traffic enforcement; (d) Investigations; (e) New entrant safety audits; (f) CMV safety programs focusing on international commerce in Border States; (g) Beginning October 1, 2020, full participation in PRISM or an acceptable alternative as determined by the Administrator; (h) Accurate, complete, timely, and corrected data; (i) Public education and awareness; and (j) Other elements that may be prescribed by the Administrator. | ||||
| 49:49:5.1.1.2.4.2.1.3 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.205 MCSAP administration: Funding eligibility. | FHWA | Only States are eligible to receive MCSAP grants directly from FMCSA. | ||||
| 49:49:5.1.1.2.4.2.1.4 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.207 MCSAP administration: Conditions to qualify for funds. | FHWA | (a) General. To qualify for MCSAP funds, a State must: (1) Designate a Lead State Agency; (2) Assume responsibility for improving motor carrier safety by adopting and enforcing compatible (as defined in § 350.105 of this part) laws, regulations, standards, and orders on CMV safety, except as may be determined by the Administrator to be inapplicable to a State enforcement program; (3) Ensure that the State will cooperate in the enforcement of financial responsibility requirements under part 387 of this subchapter; (4) Provide that the State will enforce the registration requirements under 49 U.S.C. 13902 and 31134 by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under those sections or operated beyond the scope of the motor carrier's registration; (5) Provide a right of entry (or other method a State may use that is adequate to obtain necessary information) and inspection to carry out the CVSP; (6) Give satisfactory assurances in its CVSP that the Lead State Agency and any subrecipient of MCSAP funds have the legal authority, resources, and qualified personnel (including individuals certified in accordance with 49 CFR part 385, subpart C, to perform inspections, audits, and investigations) necessary to enforce compatible laws, regulations, standards, and orders on CMV safety; (7) Provide satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic laws and regulations on CMV safety; (8) Give satisfactory assurances that the State will devote adequate resources to the administration of the CVSP throughout the State, including the enforcement of compatible laws, regulations, standards, and orders on CMV safety; (9) Provide that the MOE of the Lead State Agency will be maintained each fiscal year in accordance with § 350.225; (10) Provide that all reports required in the CVSP be available to FMCSA upon request, meet the reporting requirements, and use the forms for … | ||||
| 49:49:5.1.1.2.4.2.1.5 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.209 MCSAP administration: Application for funds using a CVSP. | FHWA | (a) MCSAP application submission format. (1) The CVSP is a 3-year plan. (2) The first year of the CVSP varies by State, depending on when the State implemented the CVSP. (3) For the first year of the CVSP, the Lead State Agency must submit a CVSP projecting programs and projects covering 3 years and a budget for the first fiscal year for which the CVSP is submitted, as explained in § 350.211. (4) For the second and third years of the CVSP, the Lead State Agency must submit an annual update and budget for that fiscal year and any other needed adjustments or changes to the CVSP, as explained in § 350.213. (b) MCSAP application submission deadline. (1) The Lead State Agency must submit the first year of the CVSP, or the annual updates, to FMCSA by the date prescribed in the MCSAP application announcement for the fiscal year. (2) The Administrator may extend for a period not exceeding 30 days the deadline prescribed in the MCSAP application announcement for document submission for good cause. | ||||
| 49:49:5.1.1.2.4.2.1.6 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.211 MCSAP administration: Requirements for the first year of the CVSP. | FHWA | (a) General. (1) For the first year of the CVSP, the Lead State Agency must submit a CVSP that complies with the MCSAP application announcement and, at a minimum, provides a performance-based program with a general overview section that includes: (i) A statement of the Lead State Agency's goal or mission; and (ii) A program summary of the effectiveness of prior activities in reducing CMV crashes, injuries, and fatalities and in improving driver and motor carrier safety performance. (2) The program summary must identify and address safety or performance problems in the State. (3) The program summary must use 12-month data periods that are consistent from year to year. This may be a calendar year, fiscal year, or any 12-month period for which the State's data is current. (4) The program summary must show trends supported by safety and program performance data collected over several years. (b) National MCSAP elements. (1) For the first year of the CVSP, the Lead State Agency must include a brief narrative describing how the State CVSP addresses the national program elements listed in § 350.203. (2) The CVSP must address each national program element even if there are no planned activities in a program area. (c) Resource allocation. For the first year of the CVSP, the Lead State Agency must explain the rationale for the State's resource allocation decisions. (d) Specific activities. For the first year of the CVSP, the Lead State Agency must have a narrative section that includes a description of how the CVSP supports: (1) Activities aimed at removing impaired CMV drivers from the highways through adequate enforcement of restrictions on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment; (2) Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances; (3) Criminal interdiction activities and appropriate strategies for carrying out those… | ||||
| 49:49:5.1.1.2.4.2.1.7 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.213 MCSAP administration: Requirements for the second and third years of the CVSP. | FHWA | (a) General. For the second and third years of the CVSP, a Lead State Agency must submit an annual update that complies with the MCSAP application announcement and, at a minimum, must include program goals, certifications, and other information revised since the prior year's submission, and the items listed in paragraphs (b) to (g) of this section. (b) Budget. For the second and third years of the CVSP, the Lead State Agency must include a budget that supports the applicable fiscal year of the CVSP and describes the expenditures for allocable costs, such as personnel and related costs, equipment purchases, printing, information systems costs, and other eligible costs consistent with § 350.229. (c) Resource allocation. For the second and third years of the CVSP, the Lead State Agency must explain the rationale for the State's resource allocation decisions. (d) List of MCSAP contacts. For the second and third years of the CVSP, the Lead State Agency must include a list of MCSAP contacts. (e) Certification. (1) For the second and third years of the CVSP, the Lead State Agency must certify that it has: (i) Met all the MCSAP conditions in § 350.207; and (ii) Completed the annual review required by § 350.303 and determined that State laws, regulations, standards, and orders on CMV safety are compatible (as defined in § 350.105 of this part). (2) If a State law, regulation, standard, or order on CMV safety is no longer compatible, the certifying official must explain the State's plan to address the discrepancy. (3) A certification under this paragraph must reflect that the certifying official has authority to make the certification on behalf of the State. (f) New or amended laws. For the second and third years of the CVSP, the Lead State Agency must submit to FMCSA a copy of any new or amended law, regulation, standard, or order on CMV safety that the State enacted since the prior year's submission. (g) Further submissions. For the second and third years of the CVSP, the Lead State Agency must su… | ||||
| 49:49:5.1.1.2.4.2.1.8 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.215 MCSAP administration: Response to CVSP. | FHWA | (a) First year of the CVSP. (1) FMCSA will notify the Lead State Agency within 30 days after FMCSA begins its review of the State's first year of the CVSP, including the budget, whether FMCSA: (i) Approves the CVSP; or (ii) Withholds approval because the CVSP: (A) Does not meet the requirements of this part; or (B) Is not adequate to ensure effective enforcement of compatible (as defined in § 350.105 of this part) laws, regulations, standards, and orders on CMV safety. (2) If FMCSA withholds approval of the CVSP, FMCSA will give the Lead State Agency a written explanation of the reasons for withholding approval and allow the Lead State Agency to modify and resubmit the CVSP for approval. (3) The Lead State Agency will have 30 days from the date of the notice under paragraph (a)(2) of this section to modify and resubmit the CVSP. (4) Failure to resubmit the modified CVSP may delay funding or jeopardize MCSAP eligibility. (5) Final disapproval of a resubmitted CVSP will result in disqualification for MCSAP funding for that fiscal year. (b) Annual update for the second or third year of the CVSP. (1) FMCSA will notify the Lead State Agency within 30 days after FMCSA begins its review of the State's annual update, including the budget, whether FMCSA: (i) Approves the annual update; or (ii) Withholds approval because the annual update: (A) Does not meet the requirements of this part; or (B) Is not adequate to ensure effective enforcement of compatible laws, regulations, standards, and orders on CMV safety. (2) If FMCSA withholds approval of the annual update, FMCSA will give the Lead State Agency a written explanation of the reasons for withholding approval and allow the Lead State Agency to modify and resubmit the annual update for approval. (3) The Lead State Agency will have 30 days from the date of the notice under paragraph (b)(2) of this section to modify and resubmit the annual update. (4) Failure to resubmit the modified annual update may delay funding or jeopardize MCSAP eligibility. (5) F… | ||||
| 49:49:5.1.1.2.4.2.1.9 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.217 MCSAP administration: Allocation of funds. | FHWA | (a) General. Subject to the availability of funding, FMCSA must allocate MCSAP funds to grantees with approved CVSPs in accordance with this section. (b) Territories—excluding the Commonwealth of Puerto Rico. (1) Not more than 0.49 percent of the MCSAP funds may be allocated in accordance with this paragraph among the Territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands. (2) Half of the MCSAP funds available under paragraph (b)(1) of this section will be divided equally among the Territories. (3) The remaining MCSAP funds available under paragraph (b)(1) of this section will be allocated among the Territories in a manner proportional to the Territories' populations, as reflected in the decennial census issued by the U.S. Census Bureau. (4) The amounts calculated under paragraphs (b)(2) and (b)(3) of this section will be totaled for each Territory. (5) The amounts calculated under paragraph (b)(4) of this section will be adjusted proportionally, based on population, to ensure that each Territory receives at least $350,000. (c) Border States. (1) Not more than 11 percent of the MCSAP funds may be allocated in accordance with this paragraph among Border States that maintain a border enforcement program. (2) The shares for each Border State will be calculated based on the number of CMV crossings at each United States port of entry, as determined by the Bureau of Transportation Statistics, with each Border State receiving: (i) 1 share per 25,000 annual CMV crossings at each United States port of entry on the Mexican border, with a minimum of 8 shares for each port of entry; or (ii) 1 share per 200,000 annual CMV crossings at each United States port of entry on the Canadian border, with a minimum of 0.25 share for each port of entry with more than 1,000 annual CMV crossings. (3) The shares of all Border States calculated under paragraph (c)(2) of this section will be totaled. (4) Each individual Border State's shares calculated under paragraph (c… | ||||
| 49:49:5.1.1.2.4.3.1.1 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.301 Compatibility review: Purpose. | FHWA | The purpose of this subpart is to assist States receiving MCSAP funds to address compatibility (as defined in § 350.105), including the availability of variances or exemptions allowed under § 350.305 or § 350.307, to: (a) Promote adoption and enforcement of compatible laws, regulations, standards, and orders on CMV safety; (b) Provide for a continuous review of laws, regulations, standards, and orders on CMV safety; (c) Establish deadlines for States to achieve compatibility; and (d) Provide States with a process for requesting variances and exemptions for intrastate commerce. | ||||
| 49:49:5.1.1.2.4.3.1.2 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.303 Compatibility review: State responsibilities. | FHWA | (a) General. The Lead State Agency is responsible for reviewing and analyzing State laws, regulations, standards, and orders on CMV safety to ensure compatibility (as defined in § 350.105 of this part). (b) Compatibility deadline. As soon as practicable, but no later than 3 years after the effective date of any new addition or amendment to the FMCSRs or HMRs, the State must amend its laws, regulations, standards, and orders to ensure compatibility. (c) State adoption of a law, regulation, standard, or order on CMV safety. A State must submit to FMCSA a copy of any new or amended State law, regulation, standard, or order on CMV safety immediately after its enactment or issuance and with the State's next annual compatibility review. (d) Annual State compatibility review. (1) A State must conduct a review of its laws, regulations, standards, and orders on CMV safety, including those of its political subdivisions, for compatibility and report in the first year of the CVSP or annual update as part of its application for funding under § 350.209 each fiscal year. In conducting this compatibility review, the State must determine which of its laws, regulations, standards, and orders on CMV safety are identical to or have the same effect as, are in addition to or more stringent than, or are less stringent than the FMCSRs or are identical to the HMRs. (2) As applicable to interstate commerce not involving the movement of hazardous materials: (i) If a State satisfactorily demonstrates a law, regulation, standard, or order on CMV safety is identical to or has the same effect as the FMCSRs, the State provision is compatible and enforceable. (ii) If a State satisfactorily demonstrates a law, regulation, standard, or order on CMV safety that is in addition to or more stringent than the FMCSRs has a safety benefit, does not unreasonably frustrate the Federal goal of uniformity, and does not cause an unreasonable burden on interstate commerce when enforced, the State provision is compatible and enforceable. (iii) If… | ||||
| 49:49:5.1.1.2.4.3.1.3 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.305 Compatibility review: Allowable variances from the FMCSRs. | FHWA | [85 FR 37796, June 24, 2020, as amended at 89 FR 90618, Nov. 18, 2024] | The following variances are allowed for State laws and regulations applicable to intrastate commerce and are not subject to Federal jurisdiction: (a) General. (1) Except as otherwise provided in this section, a State may exempt a CMV from all or part of its laws or regulations applicable to intrastate commerce, if the gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight does not equal or exceed 11,801 kilograms (26,001 pounds). (2) A State may not exempt a CMV from laws or regulations under paragraph (a)(1) of this section if the vehicle: (i) Transports hazardous materials requiring a placard; or (ii) Is designed or used to transport 16 or more people, including the driver. (b) Non-permissible exemption—Type of business operation. (1) Subject to paragraph (b)(2) of this section and § 350.307, State laws and regulations applicable to intrastate commerce may not grant exemptions based on the type of transportation being performed ( e.g., for-hire carrier, private carrier). (2) A State may retain those exemptions from its motor carrier safety laws and regulations that were in effect before April 1988, are still in effect, and apply to specific industries operating in intrastate commerce, provided the scope of the original exemption has not been amended. (c) Non-permissible exemption—Distance. (1) Subject to paragraph (c)(2) of this section, State laws and regulations applicable to intrastate commerce must not include exemptions based on the distance a motor carrier or driver operates from the work reporting location. (2) Paragraph (c)(1) of this section does not apply to distance exemptions contained in the FMCSRs. (d) Hours of service. State hours-of-service limitations applied to intrastate transportation may vary to the extent that they allow: (1) A 12-hour driving limit, provided that a driver of a CMV is not permitted to drive after having been on duty more than 16 hours; (2) Driving prohibitions for drivers who have been on duty 70 … | |||
| 49:49:5.1.1.2.4.3.1.4 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.307 Compatibility review: Procedures for obtaining a new exemption. | FHWA | FMCSA will only consider a State's request to exempt a specific industry from all or part of a State's laws or regulations applicable to intrastate commerce if the State submits adequate documentation containing information allowing FMCSA to evaluate: (a) The type and scope of the industry exemption request, including the percentage of the industry it affects, number of vehicles, mileage traveled, and number of companies it involves; (b) The type and scope of the requirement to which the exemption would apply; (c) The safety performance of that specific industry ( e.g., crash frequency, rates, and comparative figures); (d) Inspection information ( e.g., number of violations per inspection, and driver and vehicle out-of-service information); (e) Other CMV safety regulations enforced by other State agencies not participating in MCSAP; (f) The commodity the industry transports ( e.g., livestock or grain); (g) Similar exemptions granted and the circumstances under which they were granted; (h) The justification for the exemption; and (i) Any identifiable effects on safety. | ||||
| 49:49:5.1.1.2.4.3.1.5 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.309 Compatibility review: Consequences of incompatible provisions. | FHWA | (a) General. To remain eligible for MCSAP funding, a State may not have in effect or enforce any State law, regulation, standard, or order on CMV safety that the Administrator finds is not compatible (as defined in § 350.105). (b) Process. FMCSA may initiate a proceeding to withdraw the current CVSP approval or withhold MCSAP funds in accordance with § 350.231 if: (1) A State enacts a law, regulation, standard, or order on CMV safety that is not compatible; (2) A State fails to adopt a new or amended FMCSR or HMR within 3 years of its effective date; or (3) FMCSA finds, based on its own initiative or on a petition of a State or any person, that a State law, regulation, standard, order, or enforcement practice on CMV safety, in either interstate or intrastate commerce, is not compatible. (c) Hazardous materials. Any decision regarding the compatibility of a State law, regulation, standard, or order on CMV safety with the HMRs that requires an interpretation will be referred to the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation before proceeding under § 350.231. | ||||
| 49:49:5.1.1.2.4.4.1.1 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.401 High Priority Program: Purpose. | FHWA | The High Priority Program is a competitive financial assistance program available to States, local governments, Federally-recognized Indian Tribes, other political jurisdictions, and other persons to carry out high priority activities and projects that augment motor carrier safety activities and projects. The High Priority Program also promotes the deployment and use of innovative technology by States for CMV information systems and networks. Under this program, the Administrator may make competitive grants to and enter into cooperative agreements with eligible entities to carry out high priority activities and projects that augment motor carrier safety activities and projects. The Administrator also may award grants to States for projects planned in accordance with the Innovative Technology Deployment Program. | ||||
| 49:49:5.1.1.2.4.4.1.2 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.403 High Priority Program: Objectives. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | FMCSA may use the High Priority Program funds to support, enrich, or evaluate CMV safety programs and to: (a) Target unsafe driving of CMVs and non-CMVs in areas identified as high-risk crash corridors; (b) Improve the safe and secure movement of hazardous materials; (c) Improve safe transportation of goods and passengers in foreign commerce; (d) Demonstrate new technologies to improve CMV safety; (e) Support participation in PRISM by Lead State Agencies: (1) Before October 1, 2020, to achieve full participation in PRISM; and (2) Beginning on October 1, 2020, or once full participation in PRISM is achieved, whichever is sooner, to conduct special initiatives or projects that exceed routine operations for participation; (f) Support participation in PRISM by entities other than Lead State Agencies; (g) Support safety data improvement projects conducted by: (1) Lead State Agencies for projects that exceed MCSAP safety data requirements; or (2) Entities other than Lead State Agencies for projects that meet or exceed MCSAP safety data requirements; (h) Advance the technological capability and promote the Innovative Technology Deployment of intelligent transportation system applications for CMV operations by States, including technology to detect, and enforce actions taken as a result of, criminal activity (including human trafficking) in a CMV or by any occupant of a CMV, including the operator; (i) Increase public awareness and education on CMV safety; (j) Support the recognition, prevention, and reporting of human trafficking in a CMV or by any occupant of a CMV, including the operator, and enforce laws relating to human trafficking; or (k) Otherwise improve CMV safety. | |||
| 49:49:5.1.1.2.4.4.1.3 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.405 High Priority Program: Funding conditions and qualifications. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | (a) Motor carrier safety activities. To qualify for High Priority Program funds related to motor carrier safety activities under § 350.403 paragraphs (a) through (g), and (i) through (k): (1) States must: (i) Participate in MCSAP under subpart B of this part; and (ii) Prepare a proposal that is responsive to the High Priority Program Notice of Funding Opportunity (NOFO). (2) Applicants other than States must, to the extent applicable: (i) Prepare a proposal that is responsive to the NOFO; (ii) Except for Federally-recognized Indian Tribes, coordinate the proposal with the Lead State Agency to ensure the proposal is consistent with State and national CMV safety program priorities; (iii) Certify that the applicant has the legal authority, resources, and trained and qualified personnel necessary to perform the functions specified in the proposal; (iv) Designate an individual who will be responsible for implementing, reporting, and administering the approved proposal and who will be the primary contact for the project; (v) Agree to prepare and submit all reports required in connection with the proposal or other conditions of the grant or cooperative agreement; (vi) Agree to use the forms and reporting criteria required by the Lead State Agency or FMCSA to record work activities to be performed under the proposal; (vii) Certify that a political jurisdiction will impose sanctions for violations of CMV and driver laws and regulations that are consistent with those of the State; and (viii) Certify participation in national databases appropriate to the project. (b) Innovative Technology Deployment activities. To qualify for High Priority Program funds for Innovative Technology Deployment activities under § 350.403(h), States must: (1) Prepare a proposal that is responsive to the NOFO; (2) Have a CMV information systems and networks program plan approved by the Administrator that describes the various systems and networks at the State level that need to be refined, revised, upgraded, or built to accompli… | |||
| 49:49:5.1.1.2.4.4.1.4 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.407 High Priority Program: Application procedures. | FHWA | FMCSA publishes application instructions and criteria for eligible activities to be funded under this subpart in a NOFO at least 30 days before the financial assistance program application period closes. Entities must submit the application by the date prescribed in the NOFO. | ||||
| 49:49:5.1.1.2.4.4.1.5 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.409 High Priority Program: Responses to applications. | FHWA | (a) Approval. If FMCSA awards a grant or cooperative agreement, the applicant will receive a grant agreement to execute. (b) Denial. If FMCSA denies the grant or cooperative agreement, the applicant will receive a notice of denial. | ||||
| 49:49:5.1.1.2.4.4.1.6 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.411 High Priority Program: Availability of funds. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | (a) Motor carrier safety activities. High Priority Program funds related to motor carrier safety activities under § 350.403(a) through (g), and (i) through (k) obligated to a recipient are available for the rest of the fiscal year in which the funds are obligated and the next 2 full fiscal years. (b) Innovative Technology Deployment activities. High Priority Program funds for Innovative Technology Deployment activities under § 350.403(h) obligated to a State are available for the rest of the fiscal year in which the funds were obligated and the next 4 full fiscal years. | |||
| 49:49:5.1.1.2.4.4.1.7 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.413 High Priority Program: Federal and recipient shares of costs. | FHWA | (a) Federal share. FMCSA will reimburse at least 85 percent of the eligible costs incurred under the High Priority Program. (b) Match. In-kind contributions are acceptable in meeting the recipient's matching share under the High Priority Program if they represent eligible costs, as established by 2 CFR parts 200 and 1201 and FMCSA in the NOFO. (c) Waiver. The Administrator reserves the right to reduce or waive the recipient's matching share in any fiscal year: (1) As announced in the NOFO; or (2) As determined by the Administrator on a case-by-case basis. | ||||
| 49:49:5.1.1.2.4.4.1.8 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.415 High Priority Program: Activities and projects eligible for reimbursement. | FHWA | Activities that fulfill the objectives in § 350.403 are eligible for reimbursement under the High Priority Program. | ||||
| 49:49:5.1.1.2.4.4.1.9 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.417 High Priority Program: Costs eligible for reimbursement. | FHWA | (a) Costs eligible for reimbursement. All costs relating to activities eligible for reimbursement must be necessary, reasonable, allocable, and allowable under this subpart and 2 CFR parts 200 and 1201. The eligibility of specific costs for reimbursement is addressed in the NOFO and is subject to review and approval by FMCSA. (b) Ineligible costs. High Priority Program funds may not be used for the: (1) Acquisition of real property or buildings; or (2) Development, implementation, or maintenance of a State registry of medical examiners. |
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