Motor Carrier Safety Assistance Program Multi-Year Plans |
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Cathy F. Gautreaux
Federal Motor Carrier Safety Administration
5 January 2018
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 691-693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00014]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0325]
Motor Carrier Safety Assistance Program Multi-Year Plans
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice.
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SUMMARY: The Fixing America's Surface Transportation Act (FAST Act),
requires the Secretary to prescribe procedures for a State to submit
multiple-year commercial vehicle safety plans (``multi-year plans'')
and annual updates for the Motor Carrier Safety Assistance Program
(MCSAP) grants. In a prior notice, FMCSA requested information and
posed specific questions to improve the Agency's development and
implementation of multi-year plans. This notice announces FMCSA's
voluntary implementation of multi-year plans.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Liberatore, Chief, State
Programs Division, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590, Telephone (202) 366-3030 or
by email at Thomas.Liberatore@dot.gov. Office hours are from 8:00 a.m.
to 5:00 p.m., E.T., Monday through Friday, except Federal holidays. If
you have questions regarding viewing or submitting material to the
docket, contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Background
The goal of the MCSAP is to ensure that there is a partnership
between the U.S. Department of Transportation and the States to
establish programs to improve motor carrier, commercial motor vehicle
(CMV), and driver safety to support a safe and efficient surface
transportation system. MCSAP makes targeted investments to promote CMV
safety, including the transportation of passengers and hazardous
materials. FMCSA encourages the States and Territories to invest in
activities likely to maximize reductions in the number and severity of
CMV crashes and fatalities resulting from such crashes. This is
accomplished by adopting and enforcing effective motor carrier, CMV,
and driver safety regulations and practices consistent with Federal
requirements, assessing and improving statewide performance by setting
program goals, and meeting performance standards, measures, and
benchmarks.
FMCSA amended its regulations to conform to 49 U.S.C. 31102(c)(1),
as amended by the FAST Act, Public Law 114-94 (2015), section 5101, and
removed the requirements for the annual plans in the final rule titled,
``Amendments to Implement Grants Provisions of the Fixing America's
Surface Transportation Act.'' FMCSA published this rule in the Federal
Register on October 14, 2016 [81 FR 71010]. These changes allow States
to use a multi-year plan, but do not require it.
The FAST Act section 5101, amending 49 U.S.C. 31102, required
significant changes to the Agency's grant programs, including moving
the border enforcement and new entrant programs into the MCSAP for
allocation via the formula. In addition, section
[[Page 692]]
5106 required a working group to develop recommendations for a new
distribution formula for the MCSAP funds. The MCSAP Working Group has
met four times, to date, and FMCSA received the group's funding formula
recommendations on April 7, 2017. Some States expressed concern about
moving to a multi-year plan before knowing the new formula. With these
complex changes in progress, FMCSA developed a phased, voluntary
implementation plan for multi-year state plans as described below.
Responses to October 2016 Notice
In a notice published October 27, 2016, FMCSA asked 14 questions
that would assist the Agency in developing an information technology
system form and procedures for submission of a multiple-year plan, see
(81 FR 74862). Twenty-three States and the Owner Operator Independent
Driver Association provided responses.
Regarding questions on the length of the multi-year plan, responses
to this question varied with some States indicating that they are not
interested in a multi-year plan and some States expressing interest in
a 5-year plan. However, the largest number of States recommended a 3-
year period. In addition, this time period is the best fit for FMCSA's
implementation as explained below.
The majority of the States agreed that the multi-year plan length
should be the same for all States. FMCSA agrees that this is the
easiest implementation and maintenance solution. In addition, while
States indicated that their Strategic Highway Safety Plans (SHSP) vary
in length from 1 year to 5 years, almost all respondents commented that
there was no safety benefit from aligning the length of these two
planning documents because the programs are already aligned through the
States' SHSP development processes.
Regarding the accuracy of available data, all States confidently
reported that they can provide complete and accurate data, with many
States recommending 2 or 3 years for the multi-year plan. These States
advised that their responses were specific to their recommended
timeframes. These responses confirmed FMCSA's expectations.
Many States recommended changes to the requirements in 49 CFR part
350 and to the electronic Commercial Vehicle Safety Plan (eCVSP) to
allow grant application forms to be submitted in one system. FMCSA's
goal is one access point for quarterly reporting and eCVSP submissions.
The Agency intends to complete these changes as funds are available.
The States were divided about their confidence in multi-year plans
that will extend beyond the expiration of the MCSAP authorization.
While some States advised that an expiring authorization would not
cause them concern, as long as there was an opportunity to adjust the
multi-year plan based on any unanticipated impacts, other States
responded that they would not be confident in a multi-year plan that
went beyond a MCSAP authorization period. However, it seemed that these
commenters did not anticipate that there would be required annual
updates to the multi-year plan. The Agency clarifies this in this
notice.
The number of responses supporting a phased implementation proposal
was nearly equal to the responses supporting all States concurrently
instituting a multi-year plan. However, FMCSA believes that a phased-in
approach will best allow the Agency to test the new eCVSP and make
needed modifications as States start using the revised application and
updated modules.
The States requested additional elements and features in the multi-
year plan. FMCSA will consider these for the FY 2019 eCVSP process.
FMCSA determined which eCVSP data fields States must validate or update
annually, which include prior-year activity objectives, current-year
activity goals, current-year spending plans, etc.
With the exception of the few States that currently want to remain
with a 1-year plan; the majority of States agreed that there is no
benefit to an annual plan. As described in the Agency's implementation
information below, the multi-year plan will be a 3-year plan with
information carrying over from one year to the next, where appropriate.
Regarding the requirement for States/Territories to provide
detailed spending plans or estimate their costs utilizing the SF-424A
budget categories for the multi-year plan and annual update in the
eCVSP tool, all of the States' comments supported the use of the SF-
424A. Several States commented that the existing requirements for
detailed budgets is impractical and results in more changes.
Several States requested changes that require statutory or
regulatory updates, such as the period of time the funds are available,
the order the funds must be expensed, and the percentage of budget
changes allowed without formal Agency approval. These issues are not
within the scope of this notice.
Implementation
Phased-In Schedule
FMCSA considered the October 27, 2016, Federal Register Notice
comments, the status of the FAST Act Formula Working Group's
recommendations, and necessary eCVSP tool modifications. As a result,
FMCSA decided that the FY 2018 eCVSP would allow at least 18 States and
Territories to complete a multi-year plan based on the States that
volunteered. The 3-year plan for this group of States will include FYs
2018, 2019, and 2020. All other States will submit 1-year eCVSP for the
FY 2018 MCSAP applications.
Using the experience and feedback of the FY 2018 users, FMCSA
intends to make any necessary modifications prior to the FY 2019 eCVSP
process. As a result, FMCSA will then solicit another group of States
to volunteer to start their 3-year plans by August 1, 2018. The 3-year
plan for these States will include FYs 2019, 2020, and 2021. States
that did not move to the 3-year plan in FY 2018 or FY 2019 will have
the option to complete the 1-year eCVSP.
FMCSA expects that the remaining States will move to the 3-year
eCVSP by August 1, 2019. This group of States will complete their 3-
year plans for FYs 2020, 2021, and 2022. If a State is unable to
transition to a 3-year plan, States can continue to submit 1-year eCVSP
until FMCSA decides whether or not to require the multi-year plan.
FMCSA expects that States will remain on one of these 3-year
planning cycles, with the States that begin submitting multi-year plans
in FY 2017 for FY 2018 grants to submit a complete a 3-year plan again
in 2020 for the FY 2021 grants. As a result of distributing State's
complete plans across three years and only requiring annual updates,
FMCSA anticipates the workload of the States to decrease by 40 percent,
as information will carry over (unless authorization requires changes).
Additionally, FMCSA expects that this change will improve and expedite
the Agency's eCVSP reviews.
First Year of the 3-Year Plan
FMCSA is modifying the eCVSP to allow States to submit the
following information/documentation in the first year of the 3-year
plan:
1. eCVSP with program goals for all 3 years;
2. Certification of MCSAP Conformance;
3. Annual Certification of Compatibility;
4. New Laws and Regulations; and
5. Substantiation of Maintenance of Effort (MOE) Calculations.
[[Page 693]]
States will submit the following documentation in the Grants.gov
system:
1. SF-424 Application for Federal Assistance;
2. SF-424A Budget Information for Non-Construction Programs;
3. SF-424B Assurances for Non-Construction Programs;
4. Grants.gov Lobbying Form;
5. SF-LLL Disclosure of Lobbying Activities, as required;
6. Key Contacts Form;
7. Indirect Cost Rate Agreement;
8. Title VI Assurance; and
9. Supplemental Attachments.
Second and Third Years of 3-Year Plan
In the second and third years of the 3-year plan, FMCSA is planning
for States to revise budgets to reflect current costs and revise
program goals and certifications, if needed, as part of the annual
update and to submit the Substantiation of MOE Calculations.
Unanticipated Funding or Program Changes
FMCSA will require States to update their 3-year plan if there are
unexpected changes in funding or authorization resulting in different
requirements and will notify States accordingly.
Additional Information
For other information on this program, please see https://www.fmcsa.dot.gov/grants/mcsap-basic-incentive-grant/motor-carrier-safety-assistance-program-mcsap-grant.
Issued on: December 20, 2017.
Cathy F Gautreaux,
Deputy Administrator.
[FR Doc. 2018-00014 Filed 1-4-18; 8:45 am]
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