Daily Rules, Proposed Rules, and Notices of the Federal Government
The figures reflect only 20 percent of the total estimated hours to perform the activities, since MCSAP reimburses 80 percent of the eligible costs incurred in the administration of an approved plan as set forth in 49 CFR 350.303, 350.309 and 350.311. Labor hours are estimated and an average hourly rate for professional personnel is applied. The four territories of American Samoa, Guam, U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands receive 100 percent Federal funding for their MCSAP activities; therefore they are not included in the computation of burden.
The Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178) further revised MCSAP by broadening its purpose beyond enforcement activities and programs by requiring participating States to assume greater responsibility for improving motor carrier safety. Section 4003 of TEA-21 required States to develop performance-based plans reflecting national priorities and performance goals, revised the MCSAP funding distribution formula, and created a new incentive funding program. As a result, States have greater flexibility in designing programs to address national and State goals of reducing the number and severity of commercial motor vehicle (CMV) crashes.
The Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59) amended 49 U.S.C. 31102(b)(1) to modify and augment the conditions a State must meet to qualify for basic program funds under the MCSAP. The statute requires a State to document in its State Commercial Vehicle Safety Plan (CVSP) its commitment to meet the following additional conditions:
• Deploy technology to enhance the efficiency and effectiveness of CMV safety programs;
• Include, in both the training manual for the licensing examination to drive a non-CMV and the training manual for the licensing examination to drive a CMV, information on best practices for driving safely in the vicinity of non-CMVs and CMVs;
• Conduct comprehensive and highly visible traffic enforcement and CMV safety inspection programs in high-risk locations and corridors; and
• Except in the case of an imminent or obvious safety hazard, ensure that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, or other location where a motor carrier may make a planned stop.
Additionally, section 4106 of SAFETEA-LU amended 49 U.S.C. 31102(c) to provide that States may use a portion of MCSAP basic grant funds to conduct documented enforcement of State traffic laws—both laws and regulations designed to promote the safe operation of CMVs and laws and regulations relating to non-CMVs, when necessary to promote the safe operation of CMVs.
In order for FMCSA to evaluate program effectiveness, it is necessary for the State to provide and maintain information concerning past, present and future program activity. The Final Rule that revised Part 350 to implement
This information collection supports the DOT Strategic Goal of Safety (
The FMCSA uses the information in the CVSP to determine whether a State has the necessary resources and authority to undertake the program intended by Congress. After a grant has been awarded to a State, a continuing evaluation of the State's activities is performed to determine whether continued funding is appropriate and if revisions in the State's CVSP should be made. A quarterly report is submitted by the States using Standard Form PPR (SF-PPR) along with a narrative addendum to provide the minimum necessary information to assist in appropriate monitoring of a State's performance, compared to its CVSP, and to permit FMCSA to determine whether the effort of a State is cost efficient and whether Federal assistance should be continued. In addition, inspection data and reports are submitted electronically by the inspecting officer from the field to FMCSA at the time of completion of the inspection.
SAFETEA-LU provides that States may conduct traffic enforcement activities against non-CMVs to promote the safe operation of CMVs. The States are routinely conducting traffic enforcement activities on CMVs and are reimbursed, provided an appropriate inspection was conducted at the time. Previously, non-CMV traffic enforcement was not an eligible MCSAP activity for reimbursement so the States did not capture activity levels for this type of enforcement. The number of non-CMV enforcement activities conducted by the States is relatively minimal since SAFETEA-LU limits the amount of MCSAP grant funding that may be used for non-CMV traffic enforcement activities to no more than five percent of the basic amount a State receives annually.
The quarterly report is created by the State and submitted to FMCSA using inspection data and other information. The collection of uniform data permits analysis and comparison of State programs and facilitates program administration and reporting (
The FMCSA routinely uses quarterly report information to measure individual and collective State program accomplishment and to assist with future program development.
Description of MCSAP forms:
c. Form MCSAP-2A, Grant Amendment for Fiscal Year__: The MCSAP-2A form is used to modify the terms of the grant. It is used to increase or decrease the amount of the grant, or to extend the period of the grant. It contains the signatures of the responsible State official and the FMCSA State programs Manager.
In addition, the following documents are provided as part of the CVSP package:
Virtually all (99%) of the information required by the grant is submitted electronically. This includes over 3.4 million inspection reports, which are uploaded electronically from laptop computers at inspection sites in the field to FMCSA annually. The near-universal use of laptops for submitting these inspection reports has resulted in a dramatic reduction in the time burden. The annual CVSPs require signed certifications by State personnel and these certification documents are not, therefore, electronically transmitted.
The FMCSA is the only Federal agency authorized to enforce safety regulations applicable to commercial trucks and buses in interstate commerce. The type of information to be gathered from the States through this information collection is unique to MCSAP. No duplication was identified through the rulemaking process to implement relevant sections of SAFETEA-LU.
Under MCSAP, grants are extended to the States predicated on annual submission of CVSPs. The FMCSA determined that although monthly or bimonthly reports are not needed, a semiannual report would not be sufficient to allow for timely evaluation and changes in State program direction. Therefore, quarterly reports were determined to be the most appropriate, considering burden and Federal need. If the reports were submitted less frequently, FMCSA would be unable to exercise appropriate oversight and administration of the program as envisioned by the Congress.