[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Pages 15787-15791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06166]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0304]


Agency Information Collection Activities; Reinstatement of an 
Information Collection Request: Motor Carrier Safety Grants Programs 
(Formerly Motor Carrier Safety Assistance Programs (MCSAP))

AGENCY: FMCSA, DOT.

ACTION: Notice; request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Federal Motor Carrier Safety Administration (FMCSA) announces its plan 
to submit the Information Collection Request (ICR) described below to 
the Office of Management and Budget (OMB) for its review and approval 
and invites public comment. The FMCSA requests approval to reinstate an 
ICR titled, ``Motor Carrier Safety Grants Programs,'' (formerly Motor 
Carrier Safety Assistance Program (MCSAP)). The information required 
consists of grant application preparation, quarterly reports and 
electronic data documenting the results of driver/vehicle inspections 
performed by the States. The FMCSA previously requested and received 
OMB approval to use the existing Forms in this ICR to also collect the 
same information required by its MCSAP grants: MCSAP Basis/Incentive 
(MCG), Border Enforcement Grant (BEG), New Entrant (MNE) Grant, and 
High Priority (MHP) Grant, the Commercial Driver's License Program 
Implementation (CDLPI) Grant, Commercial Driver License Information 
System (CDLIS) Grant, and Performance and Registration Information 
System Management (PRISM) Grant programs are covered by this ICR. The 
FMCSA now requests to include the following grant programs in this 
information collection: Commercial Vehicle Information Systems and 
Networks (CVISN), Commercial Motor Vehicle Operator Safety Training 
Grant (CMVOST), and Safety Data Improvement Program (SaDIP). In 
addition, the name of this ICR is being changed to: ``Motor Carrier 
Safety

[[Page 15788]]

Grants Programs,'' to more accurately describe the purpose of this ICR.

DATES: We must receive your comments on or before May 20, 2014.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2013-0304 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     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, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington DC, 20590-0001 
between 9:00 a.m. and 5:00 p.m., e.t., Monday through Friday, except 
Federal Holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement for the Federal Docket Management System 
published in the Federal Register on January 17, 2008 (73 FR 3316), or 
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Julie Otto, Grants Management Office, 
Office of the Chief Financial Officer, U.S. Department of 
Transportation, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue 
SE., Washington DC 20590. Telephone: 202-366-0710; email: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Background: Information collected from the following FMCSA grant 
programs provides program and financial data supporting numerous 
efforts targeting FMCSA's primary mission to reduce crashes, injuries, 
and fatalities involving commercial vehicles:
    MCSAP Basic/Incentive (MCG) Grant Program: The MCSAP grant program 
is authorized by Sections 401 through 404 of the Surface Transportation 
Assistance Act of 1982 (STAA) (Pub. L. 97-424) which established a 
program of financial assistance to the States to implement programs to 
enforce: (a) Federal rules, regulations, standards, and orders 
applicable to commercial motor vehicle (CMV) safety; and (b) compatible 
State rules, regulations, standards and orders. This grant-in-aid 
program is known as the MCSAP Basic and Incentive grant program. 
Section 402(c) of the STAA requires that the Secretary of 
Transportation (Secretary), on the basis of reports submitted by the 
States and the Secretary's own inspections, make a continuing 
evaluation of the manner in which each State is carrying out its 
approved safety enforcement plan.
    The Transportation Equity Act for the 21st Century (TEA-21), Public 
Law 105-178, 112 Stat. 107 (June 9, 1998) further revised MCSAP to 
broaden its purpose beyond enforcement activities and programs by 
requiring participating States to assume greater responsibility for 
improving motor carrier safety. 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 are given greater 
flexibility in designing programs to address national and State goals 
of reducing the number and severity of CMV crashes.
    Section 4106 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 
109-59, 119 Stat.1144 (August 10, 2005) 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 the 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 noncommercial motor vehicles (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 a State may use a portion of MCSAP 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. 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 has been relatively 
minimal since SAFETEA-LU limits the amount of MCSAP grant funding that 
can be used for non-CMV traffic enforcement activities to no more than 
five percent of the basic grant amount the State receives annually. The 
Moving Ahead for Progress in the 21st Century Act (MAP-21) Public Law 
112-141, 126 Stat. 405, 805-808 (July 6, 2012), did not make any 
further modifications to the traffic enforcement activities previously 
authorized under SAFETEA-LU.
    Section 32601 of MAP-21, amended 49 U.S.C. 31102(b) 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 
CVSP the

[[Page 15789]]

commitment to meet the following additional conditions:
     Ensure that the State will transmit to its roadside 
inspectors the notice of each Federal exemption granted pursuant to 
section 31315(b) and provided to the State by the Secretary, including 
the name of the person granted the exemption and any terms and 
conditions that apply to the exemption;
     The plan submitted by the State shall provide that the 
total expenditure of amounts of the lead State agency responsible for 
implementing the plan will be maintained at a level at least equal to 
the average level of that expenditure for fiscal years 2004 and 2005.
    This information collection supports the DOT Strategic Goal of 
Safety (i.e., reducing CMV-related fatalities and injuries) by 
providing data to support State CMV enforcement efforts.
    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 the changes to the MCSAP made by SAFETEA-LU was 
published in the Federal Register on July 5, 2007 (72 FR 36769). Each 
State's CVSP must contain the information required by 49 CFR 350.201, 
350.211 and 350.213. This information is necessary to enable the FMCSA 
to determine whether a State meets the statutory and administrative 
criteria to be eligible for a grant. It is necessary that a State's 
work activities and accomplishments be reported so that FMCSA can 
monitor and evaluate a State's progress under its approved plan and 
make the determinations and decisions required by 49 CFR 350.205 and 
350.207.
    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. Quarterly reports are submitted by 
the States using Standard Forms Federal Financial Report (SF-FFR) and 
Performance Progress Report (SF-PPR) which includes an 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, non-inspection traffic enforcement data, 
crash reports, and other reports are submitted electronically by the 
State agency to FMCSA.
    MCSAP High Priority (MHP) Grant Program: The MCSAP HP grant program 
is authorized by SAFETEA-LU, Public Law 109-59, Sec.  4107(a), 119 
Stat. 1144, 1719-20 (2005), as amended by SAFETEA-LU Technical 
Corrections Act of 2008, Public Law 110-244, Sec.  4301(a), Sec.  4107, 
122 Stat. 1572, 1616 (2008), as amended by MAP-21, Public Law 112-141, 
Sec. Sec.  32603(a), 32603(d), 126 Stat. 405, 807, 808 (2012).
    The FMCSA may award these grants to States, local governments, and 
other organizations that use or train qualified officers and employees 
in coordination with State safety agencies in accordance with the 
provisions of 49 CFR 350.201, 350.309, and 350.319. Recipients may use 
these funds for MCSAP-eligible expenses, including personnel, 
equipment, training, travel, information technology solutions, indirect 
costs, and administrative expenses. The FMCSA may reimburse 100 percent 
of approved eligible costs for public education and outreach activities 
and 80 percent for all other activities under a High Priority grant 
award.
    MCSAP New Entrant Safety Assurance (MNE) Grant Program: The MCSAP 
NE grant program is authorized by SAFETEA-LU, Public Law 109-59, Sec.  
4107(b), 119 Stat. 1144, 1720 (2005), amended by SAFETEA-LU Technical 
Corrections Act of 2008, Public Law 110-244, Sec.  301(b), 122 Stat. 
1572, 1616 (2008), as amended by MAP-21, Public Law 112-141, Sec.  
32603(e), 126 Stat. 405, 807, 808 (2012). This section also establishes 
new timeframes for the completion of New Entrant Safety Audits.
    State agencies use NE grant funds for MCSAP-eligible expenses, 
including salaries and related expenses of employees performing 
interstate NE safety audits, training, and performing other eligible 
activities that are directly related to conducting safety audits. The 
FMCSA may reimburse up to 100 percent of eligible costs in an approved 
budget and project plan.
    MCSAP Border Enforcement (BEG) Grant Program: The BEG program is 
authorized by SAFETEA-LU, Public Law 109-59, Sec. Sec.  4101(c)(2), 
4110 (2005), as amended by MAP-21, Public Law 112-141, Sec. Sec.  
32603(c) & (h) (2012). Section 32603(h) removed 49 U.S.C. 31107(b) 
which required that States agree that the total expenditure of amounts 
of the State and political subdivisions of the State, exclusive of 
amounts from the United States, for carrying out border CMV safety 
programs and related enforcement activities will be maintained at least 
equal to the average level of that expenditure for the last 2 fiscal 
years of the State or Federal Government ending before October 1, 2005, 
as designated by the State. The authorizing statute also provides that 
the Secretary shall reimburse a State under a grant agreement pursuant 
to this section in an amount not more than 100 percent of the costs 
incurred by the State in a fiscal year for carrying out border CMV 
safety programs and related enforcement activities and projects.
    Commercial Driver's License Program Implementation (CDLPI) Grant 
Program: The CDLPI grant program authorized by Section 32604 of MAP-21, 
amended 49 U.S.C. 31313(a), provides general authority to the Secretary 
to make a grant to a State for its Commercial Driver's License Program 
Implementation (CDLPI) in a fiscal year. This enables the State to 
comply with program requirements and to improve CDLPI. A grant may be 
made to a State to:
     Comply with the requirements of 49 U.S.C. 31311;
     In the case of a State that is making a good faith effort 
toward substantial compliance with the program requirements and section 
31311, to improve its implementation of its CDL program, including 
expenses for computer hardware and software; publications, testing, 
personnel, training, and quality control; for CDL program coordinators; 
to implement or maintain a system to notify an employer of an operator 
of a CMV of the suspension or revocation of the operator's CDL 
consistent with standards developed under section 32303(b) of the 
Commercial Motor Vehicle Safety Enhancement Act of 2012.
    Commercial Driver License Information System (CDLIS) Modernization 
Grant Program: The CDLIS Modernization grant program is authorized by 
Section 4123 of SAFETEA-LU, which amended title 49 U.S.C., 31309 to 
provide general authority to the Secretary to make a grant to a State 
in a fiscal year to modernize the CDLIS components of the State 
licensing system. MAP-21 did not reauthorize new funding for this grant 
program but past grants awarded to States remain open and previously 
awarded funds may continue to be used toward CDLIS modernization 
efforts in States that received these grants.
    Performance and Registration Information System Management (PRISM) 
Grant Program: The PRISM

[[Page 15790]]

grant program is authorized by TEA-21 which directed the FMCSA to 
implement, on a national basis, a program that links the Motor Carrier 
Safety Information System of the Department of Transportation and 
similar State systems with State CMV registration and licensing 
systems. The purpose of PRISM is to: (1) Determine the safety fitness 
of the motor carrier prior to issuing license plates; and (2) cause the 
carrier to enhance its safety performance through an improvement 
process, and where necessary, apply sanctions to include denial, 
suspension, and/or revocation of CMV registrations. The Act also 
provides that the Secretary shall reimburse a State under a grant 
agreement in an amount not more than 100 percent of the costs incurred 
by the State implementing and complying with the program.
    Section 32602 of MAP-21 amended 49 U.S.C. 31106(b)(3)(c) as 
follows:
     Establish and implement a process to:
     [cir] Cancel the CMV registration and seize the registration 
plates of a CMV when an employer is found liable under section 
31310(i)(2)(C) for knowingly allowing or requiring an employee to 
operate such a CMV in violation of an out-of-service order; and
     [cir] Reinstate the vehicle registration or return the 
registration plates of the CMV, subject to sanctions under clause (i), 
if the Secretary permits such carrier to resume operations after the 
date of issuance of such order.
    The FMCSA previously requested and received OMB approval to use the 
existing Forms in this ICR to also collect the same information 
required by the FMCSA programs described above and now requests to 
include the following grant programs in this information collection: 
Commercial Vehicle Information Systems and Networks (CVISN), Safety 
Data Improvement Program (SaDIP), and Commercial Vehicle Operator 
Safety Training Grant (CMVOST).
    CVISN Grant Program: The CVISN grant program is authorized by 
SAFETEA-LU Public Law 109-59, Sec. Sec.  4101(c)(4), 4126, 119 Stat. 
1144, 1715, 1738-41 (2005), as amended by MAP-21, Public Law 112-141, 
Sec. Sec.  32603(c) and 32605 (2012). The CVISN program is also 
governed by 49 U.S.C. 31106, as amended. The FMCSA provides CVISN funds 
to advance technological capability and promote the deployment of 
intelligent transportation systems applications for commercial vehicle 
operations, including commercial vehicle, commercial driver, and 
carrier-specific information systems and networks. Eligible awardees 
for CVISN funding are State agencies, including the District of 
Columbia and U.S. territories that are designated as the lead agency in 
the State's CVISN Program Plan and Top-Level Design (PP/TLD).
    CMVOST Grant Program: The CMVOST grant program is authorized by 
SAFETEA-LU, Public Law 109-59, Sec.  4134, 119 Stat. 1144, 1744-45 
(2005), as amended by MAP-21, Public Law 112-141, Sec.  112002(b) 
(2012). The FMCSA may award grants to expand the number of Commercial 
Driver's License holders possessing operator safety training in order 
to reduce the severity and number of crashes on U.S. roads involving 
CMVs.
    The FMCSA may award CMVOST grant funds to State, local, and 
Federally-recognized Native American Tribal governments, accredited 
post-secondary educational institutions (public or private) and truck 
driver training schools that are accredited and recognized by the U.S. 
Department of Education. The FMCSA will reimburse up to 80 percent of 
approved eligible costs in an approved budget and project plan. The 
required 20 percent matching funds can be either cash or in-kind 
contributions.
    Safety Data Improvement (SaDIP) Grant Program: The SaDIP grant 
program is authorized by SAFETEA-LU, Public Law 109-59, Sec. Sec.  
4101(c)(5), 4128, 119 Stat. 1144, 1715, 1742 (2005), as amended by MAP-
21, Public Law 112-141, Sec.  32603(c), 126 Stat. 405, 808 (2012). The 
FMCSA may award grants to improve the overall quality of CMV data, and 
specifically, to improve the timeliness, efficiency, accuracy, and 
completeness of State processes and systems used to collect, analyze, 
and report large truck and bus crash and inspection data.
    The FMCSA may award these grants to State agencies including the 
District of Columbia, the Territories of American Samoa, Guam, the U.S. 
Virgin Islands, Commonwealth of Puerto Rico, and the Commonwealth of 
the Northern Mariana Islands. In accordance with the provisions of 
Section 4128 of SAFETEA-LU, a State shall be eligible for a grant under 
this section in a fiscal year if the Secretary determines that the 
State has (1) conducted a comprehensive audit of its CMV safety data 
system within the preceding 2 years; (2) developed a plan that 
identifies and prioritizes its CMV safety data need and goals; and (3) 
identified performance-based measures to determine progress toward 
those goals. The FMCSA may reimburse up to 80 percent of approved 
eligible costs in an approved budget and project plan.

Justification for Request

    The FMCSA previously requested and received OMB approval to use the 
existing Forms MCSAP-2 and MCSAP-2A in the current ICR to also collect 
the same information required by MCSAP Basic and Incentive, NE, HP, 
BEG, CDL, CDLIS, and the PRISM grant programs. The FMCSA now requests 
to include the CVISN, CMVOST, and SaDIP grant programs in this 
information collection. The new form name for use in all FMCSA grants 
programs will be MCSA-3.
    The MCSAP Basic and Incentive, HP, NE, BEG, CDL, CVISN, CMVOST, 
PRISM and SaDIP grant programs utilized the Form MCSAP-2A for the same 
purposes as the MCSAP grant program for grants issued prior to fiscal 
year (FY) 2011. Following FMCSA's implementation of GrantSolutions (GS) 
in FY 2011, a single uniform grant agreement, the FMCSA Grant 
Agreement, was used for notification of grant awards.
    The FMCSA uses the information in the CVSP/Project Narratives, and 
Standard Forms Reports to determine whether a State has the necessary 
resources and authority to undertake the program intended by Congress. 
Additionally, after a grant has been awarded to a State, continuing 
evaluations are performed using SF-PPRs and SF-FFRs to measure 
individual and collective program accomplishments and determine whether 
continued funding is appropriate and whether revisions are necessary. 
In the event of nonconformity with any approved plan and failure on the 
part of a State to remedy deficiencies, FMCSA is required to take 
action to cease Federal participation.

Automated Information Collection

    In 2010, FMCSA began the implementation of a new electronic grants 
management system called GS for submitting grants-related documentation 
such as applications, Standard Forms, and Quarterly reports. GS is a 
comprehensive grants management system provided by the Grants Center of 
Excellence (COE). The COE is managed by the Administration for Children 
and Families (ACF) within the Department of Health and Human Services 
in partnership with over 17 Federal agencies. The system is available 
to all Federal grant-awarding agencies as part of the Grants Management 
Line of Business initiative. It services all types of grants (service, 
training, demonstration, social research, and cooperative agreements) 
across all

[[Page 15791]]

grant categories (discretionary, formula, block, and entitlement). The 
FMCSA began utilizing GS for all of its grant programs in fiscal year 
FY 2011 and has awarded grants through the system since that time. All 
applicants who apply for FMCSA grants must submit their applications 
electronically through Grants.gov which are then transmitted to GS. All 
FMCSA grant awards made prior to FY 2011 were completed using a legacy 
paper-based process.
    Title: Motor Carrier Safety Grants Programs (formerly Motor Carrier 
Safety Assistance Program (MCSAP)).
    OMB Control Number: 2126-0010.
    Type of Request: Reinstatement of an information collection 
request.
    Respondents: FMCSA Grant Recipients.
    Estimated Number of Respondents: 4,436.
    Estimated Time per Response: Grant application preparation: 80 
hours each; quarterly report preparation: 8 hours each; and inspection 
and data upload: 1 minute each.
    Expiration Date: February 28, 2014.
    Frequency of Response: Grant application: 1 annually; quarterly 
reports: 8 annually; and inspection and data upload: about 3.4 million 
annually.
    Estimated Total Annual Burden: 15,804 hours. The methods used to 
calculate the hours necessary to prepare grant applications, upload 
data, and prepare quarterly reports are based on interviews with the 
State and Federal personnel charged with those responsibilities. The 
information required to prepare the applications for grants and the 
subsequent reports is based on general information ordinarily 
maintained by the States in the general course of business, and only 
simple computations are required to determine burden hours. The grant 
applications and reports are submitted by the 50 States, four 
Territories, Puerto Rico, and the District of Columbia. Each entity 
submits one grant request per year and four quarterly reports. About 
3.4 million inspection reports are uploaded each year.
    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 are funded 
at 100 percent; therefore they are not included in the computation of 
burden.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for the FMCSA to enhance 
the quality, usefulness, and clarity of the collected information; and 
(4) ways that the burden could be minimized without reducing the 
quality of the collected information. The agency will summarize or 
include your comments in the request for OMB's clearance of this 
information collection.

    Issued under the authority delegated in 49 CFR 1.87 on: March 7, 
2014.
 G. Kelly Leone,
Associate Administrator, Office of Research and Information Technology 
and Chief Information Officer.
[FR Doc. 2014-06166 Filed 3-20-14; 8:45 am]
BILLING CODE 4910-EX-P