[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12437-12441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6473]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0081]


Notice of Fiscal Year 2010 Safety Grants and Solicitation for 
Applications

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice; request for comments.

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SUMMARY: This notice is to inform the public of the Federal Motor 
Carrier Safety Administration's (FMCSA) Fiscal

[[Page 12438]]

Year (FY) 2010 safety grant opportunities and to request public 
comments regarding changes to its application and award processes for 
grant programs. The Agency is making procedural changes in an effort to 
simplify and streamline its grants application and award processes. In 
addition, FMCSA invites comments on the proposed application deadlines 
for its FY 2010 (October 1, 2009 through September 30, 2010) safety 
grants programs. The 11 safety programs include the Motor Carrier 
Safety Assistance Program (MCSAP) Basic grants; MCSAP Incentive grants; 
MCSAP New Entrant Safety Audit grants; MCSAP High Priority grants; 
Commercial Motor Vehicle (CMV) Operator Safety Training grants; Border 
Enforcement grants (BEG); Commercial Driver's License Program 
Improvement (CDLPI) grants; Commercial Driver's License Information 
System (CDLIS) Modernization grants; Performance and Registration 
Information Systems Management (PRISM) grants; Safety Data Improvement 
Program grants (SaDIP); and the Commercial Vehicle Information Systems 
and Networks (CVISN) grants. Each grant program was provided for in the 
Agency's most recent authorization, the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). 
The purpose of this notice is to provide grantees with information well 
in advance of the Agency's proposed FY 2010 safety grant application 
deadlines and to request comments on the deadlines and other changes in 
the Agency's safety grant programs.

DATES: Comments on the proposed application deadlines and other changes 
should be submitted by April 23, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0081, using any of the 
following methods.
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow the On-Line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Grand Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.

Each submission must include the Agency name and the docket number for 
this Notice. Note that DOT posts all comments received without change 
to http://www.regulations.gov, including any personal information 
included in the comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgement that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments On-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.) You 
may review the DOT's complete Privacy Act statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). This information is 
also available at http://DocketInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Please contact the following FMCSA 
staff with questions or needed information on the Agency's grant 
programs:
    New Entrant Safety Audits Grants--Arthur Williams, 
[email protected], 202-366-3695.
    Border Enforcement Grants--Carla Vagnini, [email protected], 
202-366-3771.
    MCSAP High Priority Grants--Cim Weiss, [email protected], 202-366-
0275.
    CMV Operator Safety Training Grants--Julie Otto, 
[email protected], 202-366-0710.
    CDLPI Grants--Brandon Poarch, [email protected], 202-366-3030.
    CDLIS Modernization Grants--Brandon Poarch, [email protected], 
202-366-3030.
    SaDIP Grants--Betsy Benkowski, [email protected], 202-366-
4808.
    PRISM Grants--Tom Lawler, [email protected], 202-366-3866.
    CVISN Grants--Julie Lane, [email protected], 202-385-2391.

All staff may be reached at FMCSA, 1200 New Jersey Avenue, SE., 
Washington, DC 20590. Office hours are from 9 a.m. to 5 p.m., EST, 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: FMCSA recognizes that State governments and 
other grantees are dependent on its safety grants to develop and 
maintain important commercial motor vehicle (CMV) safety programs. 
FMCSA further acknowledges that delays in awarding grant funds may have 
an adverse impact on these important safety programs. As a result, 
FMCSA has been conducting a grants process review, in an effort to 
identify ways to streamline the application, award, and grants 
management processes, and to award grant funds earlier each fiscal 
year. In addition, FMCSA is making changes in the grants application, 
award and oversight processes to standardize application forms, 
increase the use of electronic documents, standardize quarterly reports 
and reduce the number of needed grant amendments.
    First, FMCSA is considering the establishment of standardized due 
dates for its grant programs. In the DATES section above, we indicate 
the proposed schedule for the FY 2010 grant applications. These dates 
would then become the standing application due dates for these 
programs.
    Second, consistent with its contract authority, FMCSA plans to 
enter into grant agreements beginning October 1 or as soon thereafter 
as administratively practicable. FMCSA intends to enter into grant 
agreements no later than 90 days from the date the application is due. 
We request comments from the States and other grant applicants on the 
impacts of the proposed schedule.
    Third, FMCSA is considering a standard grant application form and 
must implement a new quarterly reporting process. FMCSA is reviewing 
the Standard Form 424 (``Application for Federal Assistance'') and its 
attachments for use throughout all of its grant programs. While each 
grant program may request different data in some of the data fields on 
the form, the use of the Standard Form 424 would be mandatory. FMCSA 
must adopt the Standard Form--Project Progress Report (SF-PPR) as its 
preferred form for quarterly reporting. FMCSA requests comment from 
grantees on the impacts of these changes. Again, each grant program 
may, in certain instances, request different data be submitted in some 
of the fields or boxes on the form but SF-PRR would be mandatory for 
quarterly reporting.
    Fourth, FMCSA is increasing the use of electronic documents. As a 
result, the

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number of original copies of grant agreements required to be submitted 
to FMCSA will be reduced from three copies to two. In addition, FMCSA 
will provide most grant agreement documents electronically to its 
financial processing office. Grantees would, however, be required to 
submit the Automated Clearing House (ACH) Vendor Payment Form (SF-3881) 
directly to FMCSA's financial processing office by U.S. Postal Service, 
courier service or secure fax. We request information on any impacts of 
these proposed changes.
    Lastly, FMCSA requests comments and suggestions from grantees 
concerning improvement of the application, award and grants management 
processes. Additional information is provided below for each individual 
grant program.
    MCSAP Basic and Incentive Grants:
    Sections 4101 and 4107 of SAFETEA-LU authorize and fund FMCSA's 
Motor Carrier Safety Grants for FY 2005 through FY 2009. MCSAP Basic 
and Incentive grants are governed by 49 U.S.C. 31102-31104 and 49 CFR 
Part 350. Under the Basic and Incentive grants programs, a State lead 
MCSAP agency, as designated by its Governor, is eligible to apply for 
Basic and Incentive grant funding by submitting a commercial vehicle 
safety plan (CVSP). See 49 CFR 350.201 and 205. Pursuant to 49 CFR 
350.303, FMCSA will reimburse each lead State MCSAP agency 80 percent 
of eligible costs incurred in a fiscal year. Each State will provide a 
20 percent match to qualify for the program. In accordance with 49 CFR 
350.323, the Basic grant funds will be distributed proportionally to 
each State's lead MCSAP agency using the following four, equally 
weighted (25 percent) factors:
    (1) 1997 road miles (all highways) as defined by the FMCSA;
    (2) All vehicle miles traveled (VMT) as defined by the FMCSA;
    (3) Population--annual census estimates as issued by the U.S. 
Census Bureau; and
    (4) Special fuel consumption (net after reciprocity adjustment) as 
defined by the FMCSA.
    A State's lead MCSAP agency may qualify for Incentive Funds if it 
can demonstrate that the State's CMV safety program has shown 
improvement in any or all of the following five categories:
    (1) Reduction in the number of large truck-involved fatal 
accidents;
    (2) Reduction in the rate of large-truck-involved fatal accidents 
or maintenance of a large-truck-involved fatal accident rate that is 
among the lowest 10 percent of such rates for MCSAP recipients and is 
not higher than the rate most recently achieved;
    (3) Upload of CMV accident reports in accordance with current FMCSA 
policy guidelines;
    (4) Verification of Commercial Driver's Licenses during all 
roadside inspections; and
    (5) Upload of CMV inspection data in accordance with current FMCSA 
policy guidelines.

Incentive funds will be distributed in accordance with 49 CFR 
350.327(b).
    Prior to the start of each fiscal year, FMCSA calculates the amount 
of Basic and Incentive funding each State is expected to receive. This 
information is provided to the States and is made available on the 
Agency's Web site. The FY 2009 information is available at http://www.fmcsa.dot.gov/documents/safety-security/ATTCHMNT3-Est-09-Funding-Planning-Dist.pdf.
    It should be noted that MCSAP Basic and Incentive grants are 
awarded based on the State's submission of the CVSP. The evaluation 
factors described in the section below titled ``Application Information 
for FY 2010 Grants'' will not be considered and submission of 
applications to grants.gov is not necessary.
    New Entrant Safety Audit Grants:
    Sections 4101 and 4107of SAFETEA-LU also authorize and fund the 
Motor Carrier Safety Grants for FY 2005 through FY 2009 to enable grant 
recipients to conduct interstate New Entrant safety audits consistent 
with 49 CFR Parts 350.321 and 385.301. Eligible recipients are State 
agencies, local governments, and organizations representing government 
agencies that use and train qualified officers and employees in 
coordination with State motor vehicle safety agencies. The FMCSA's 
share of these grant funds will be 100 percent. New Entrant grant 
applications must be submitted electronically through grants.gov 
(http://www.grants.gov).
    MCSAP High Priority Grants:
    Section 4101 of SAFETEA-LU also authorizes and funds the Motor 
Carrier Safety Grants for FY 2005 through FY 2009 to enable recipients 
to carry out activities and projects that improve CMV safety and 
compliance with CMV regulations. Funding is available for projects that 
are national in scope, increase public awareness and education, 
demonstrate new technologies and reduce the number and rate of CMV 
accidents. Eligible recipients are State agencies, local governments, 
and organizations representing government agencies that use and train 
qualified officers and employees in coordination with State motor 
vehicle safety agencies.
    For grants awarded for public education activities, the Federal 
share will be 100 percent. For all High Priority grants other than 
those awarded in support of public education activities, the FMCSA will 
provide reimbursements for no more than 80 percent of all eligible 
costs, and recipients will be required to provide a 20 percent match. 
FMCSA may reserve High Priority funding exclusively for innovative 
traffic enforcement projects, with particular emphasis on work zone 
enforcement and rural road safety. Also, FMCSA may reserve funding for 
an innovative traffic enforcement initiative known as ``Ticketing 
Aggressive Cars and Trucks'' or TACT. TACT provides a research-based 
safety model that can be replicated by States when conducting a high-
visibility traffic enforcement program to promote safe driving 
behaviors among car and truck drivers. The objective of this program is 
to reduce the number of commercial truck and bus related crashes, 
fatalities and injuries resulting from improper operation of motor 
vehicles and aggressive driving behavior. More information regarding 
TACT can be found at http://www.fmcsa.dot.gov/safety-security/tact/abouttact.htm.
    High Priority grant applications must be submitted electronically 
through grants.gov.
    CMV Operator Safety Training Grants:
    Section 4134 of SAFETEA-LU establishes a grant program which 
enables recipients to train current and future drivers in the safe 
operation of CMVs, as defined in 49 U.S.C. 31301(4). Eligible awardees 
include State governments, local governments and accredited post-
secondary educational institutions (public or private) such as 
colleges, universities, vocational-technical schools and truck driver 
training schools. Funding priority for this discretionary grant funding 
will be given to regional or multi-state educational or nonprofit 
associations serving economically distressed regions of the United 
States. The Federal share of these funds will be 80 percent, and 
recipients will be required to provide a 20 percent match. CMV Operator 
Safety Training grant applications must be submitted electronically 
through grants.gov.
    Border Enforcement Grants (BEG):
    Section 4110 of SAFETEA-LU established the BEG program. The purpose 
of this discretionary program is to provide funding for border CMV 
safety programs and related enforcement activities and projects. An 
entity or a State that shares a land border with

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another country is eligible to receive this grant funding. Eligible 
awardees include State governments, local governments, and entities 
(i.e., accredited post-secondary public or private educational 
institutions such as universities). Requests from entities must be 
coordinated with the State lead CMV inspection agency. Applications 
must include a Border Enforcement Plan and meet the required 
maintenance of expenditure requirement. BEG funding decisions take into 
consideration the State or entity's performance on previous BEG awards; 
its ability to expend the awarded funds with the BEG performance year; 
and activities meeting the BEG national criteria established by the 
FMCSA. As established by SAFETEA-LU, the Federal share of these funds 
will be 100 percent, and there is no matching requirement. BEG grant 
applications must be submitted electronically through grants.gov.
    CDLPI Grants:
    Section 4124 of SAFETEA-LU includes a discretionary grant program 
that provides funding for improving States' implementation of the 
Commercial Driver's License (CDL) program, including expenses for 
computer hardware and software, publications, testing, personnel, 
training. Funds may not be used to rent, lease, or buy land or 
buildings. The agency designated by each State as the primary driver 
licensing agency responsible for the development, implementation, and 
maintenance of the CDL program is eligible to apply for grant funding. 
State grant proposals must include the State's assessment of its CDL 
and a detailed budget explaining how the funds will be used. The 
Federal share of funds for projects awarded under this grant is 
established by SAFETEA-LU as 100 percent. Therefore, there is no State 
matching requirement. The funding opportunity announcement on 
grants.gov will provide more detailed information on the application 
process; national funding priorities for FY 2010; evaluation criteria; 
required documents and certifications; State maintenance of expenditure 
requirements; and additional information related to the availability of 
funds. CLDPI grant applications must be submitted electronically 
through grants.gov.
    CDLIS Modernization Grants:
    Section 4123 of SAFETEA-LU includes a discretionary grant program 
that provides funding for modernization of CDLIS. This section includes 
funds for States to upgrade their driver licensing information systems 
for the specific purpose of making them compatible with the new 
modernized CDLIS specifications. The agency in each State designated as 
the primary driver licensing agency responsible for the development, 
implementation, and maintenance of the CDL program is eligible to apply 
for grant funding. The Federal share of the funds for projects awarded 
under this grant is established by SAFETEA-LU as 80 percent; there is a 
20 percent matching requirement. States may use in-kind contributions 
to meet this matching requirement (including annual CDLIS pointer 
fees). Funds are available to any State that is in substantial 
compliance with the requirements of 49 U.S.C. 31311 and submits a grant 
proposal that qualifies under the conditions in this notice, including 
assuming the responsibility of incorporating the new CDLIS 
specifications and improving its commercial driver licensing system. 
State grant proposals must include a detailed budget explaining how the 
funds will be used and how the State will meet the matching 
requirements. The funding opportunity announcement on grants.gov will 
provide more detailed information on the application process; eligible 
projects under the CDLIS Modernization plan; evaluation criteria; 
required documents and certifications; and additional information 
related to the availability of funds. CDLIS Modernization grant 
applications must be submitted electronically through grants.gov.
    SaDIP Grants:
    Section 4128 of SAFETEA-LU establishes a Safety Data Improvement 
Program (SaDIP) grant program to improve the quality of crash and 
inspection truck and bus data reported by the States to FMCSA, as 
described 49 U.S.C. 31102. Eligible recipients are State agencies, 
local governments, and organizations representing government agencies 
that are involved with highway traffic safety activities and must 
demonstrate a capacity to work with highway traffic safety 
stakeholders. The State's SaDIP proposal must focus on a project that 
enhances the accuracy, timeliness, and completeness of the collection 
and reporting of Commercial Motor Vehicle crash information in all 
components of the State's record system. An applicant's proposed SaDIP 
project must address the seven (7) performance measures for 
completeness, accuracy and timeliness of data reported by the States to 
FMCSA plus the overriding indicator established for the State Safety 
Data Quality (SSDQ) program. These measures can be found at: http://ai.fmcsa.dot.gov/DataQuality/dataquality.asp?redirect=methodology.asp. 
FMCSA will provide reimbursements for no more that 80 percent of all 
eligible costs and recipients are required to provide a 20 percent 
match.
    PRISM Grants:
    Section 4109 of SAFETEA-LU provides funding for States to implement 
the Performance and Registration Information Systems Management (PRISM) 
requirements that link Federal motor carrier safety information systems 
with State CMV registration and licensing systems to enable a State to 
determine the safety fitness of a motor carrier or registrant when 
licensing or registering or while the license or registration is in 
effect. PRISM grant applications must be submitted electronically 
through grants.gov. No matching funds are required.
    CVISN Grants:
    Section 4126 of SAFETEA-LU provides funding for States to deploy, 
operate, and maintain elements of their Commercial Vehicle Information 
Systems and Networks (CVISN) Program, including commercial vehicle, 
commercial driver, and carrier-specific information systems and 
networks. The agency in each State designated as the primary agency 
responsible for the development, implementation, and maintenance of a 
CVISN-related system is eligible to apply for grant funding.
    Section 4126 of SAFETEA-LU distinguishes between two types of CVISN 
projects: Core and Expanded. To be eligible for funding of Core CVISN 
deployment project(s), a State must have its most current Core CVISN 
Program Plan and Top-Level Design approved by FMCSA and the proposed 
project(s) should be consistent with its approved Core CVISN Program 
Plan and Top-Level Design. If a State does not have a Core CVISN 
Program Plan and Top-Level Design, it may apply for up to $100,000 in 
funds to either compile or update a Core CVISN Program Plan and Top-
Level Design.
    A State may also apply for funds to prepare an Expanded CVISN 
Program Plan and Top-Level Design if FMCSA acknowledged the State as 
having completed Core CVISN deployment. In order to be eligible for 
funding of any Expanded CVISN deployment project(s), a State must have 
its most current Expanded CVISN Program Plan and Top-Level Design 
approved by FMCSA and any proposed Expanded CVISN project(s) should be 
consistent with its Expanded CVISN Program Plan and Top-Level Design. 
If a State does not have an Expanded CVISN Program Plan and Top-Level 
Design, it may apply for up to $100,000 in funds to either compile or 
update an Expanded CVISN Program Plan and Top-Level Design.

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    CVISN grant applications must be submitted electronically through 
grants.gov. Awards for approved CVISN grant applications are made on a 
first-come, first-served basis. States must provide a match of 50 
percent.
    Application Information for FY 2010 Grants: General information 
about the FMCSA grant programs is available in the Catalog of Federal 
Domestic Assistance (CFDA) which can be found on the Internet at http://www.cfda.gov. To apply for funding, applicants must register with 
grants.gov at http://www.grants.gov/applicants/get-registered.jsp and 
submit an application in accordance with instructions provided.
    Evaluation Factors: The following evaluation factors will be used 
in reviewing the applications for all FMCSA discretionary grants:
    (1) Prior performance--Completion of identified programs and goals 
per the project plan.
    (2) Effective Use of Prior Grants--Demonstrated timely use and 
expensing of available funds.
    (3) Cost Effectiveness--Applications will be evaluated and 
prioritized on the expected impact on safety relative to the investment 
of grant funds. Where appropriate, costs per unit will be calculated 
and compared with national averages to determine effectiveness. In 
other areas, proposed costs will be compared with historical 
information to confirm reasonableness.
    (4) Applicability to announced priorities--If national priorities 
are included in the grants.gov notice, those grants that specifically 
address these issues will be given priority consideration.
    (5) Ability of the applicant to support the strategies and 
activities in the proposal for the entire project period of 
performance.
    Use of innovative approaches in executing a project plan to address 
identified safety issues.
    (6) Feasibility of overall program coordination and implementation 
based upon the project plan.
    (7) Grant specific evaluation factors as described in the 
grants.gov application information.
    Proposed Application Due Dates: For the following grant programs, 
FMCSA will consider funding complete applications or plans submitted by 
the following dates:
    SaDIP Grants--June 1, 2009.
    CVISN Grants--July 15, 2009.
    MCSAP Basic and Incentive Grants--August 1, 2009.
    New Entrant Safety Audit Grants--September 1, 2009.
    Border Enforcement Grants--September 15, 2009.
    MCSAP High Priority Grants--September 15, 2009.
    CMV Operator Safety Training Grants--October 1, 2009.
    CDLIP Grants--November 1, 2009.
    CDLIS Modernization Grants--November 1, 2009.

    PRISM Grants--November 15, 2009.
FMCSA seeks comments from potential grant applicants on the impacts of 
this schedule on their ability to develop comprehensive applications 
and submit them on time. Applications submitted after due dates may be 
considered on a case-by-case basis.

    Issued on: March 19, 2009.
Anna J. Amos,
Acting Associate Administrator for Enforcement and Program Delivery.
Terry T. Shelton,
Associate Administrator for Research and Information Technology.
[FR Doc. E9-6473 Filed 3-23-09; 8:45 am]
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