fy 2016 mcsap nofa - as posted.pdf

FY 2016 MCSAP Basic Page 1 of 42 May 2015 and Incentive NOFA

United States Department of Transportation Federal Motor Carrier Safety Administration

Fiscal Year 2016 – Motor Carrier Safety Assistance

Program Basic and Incentive Grant Notice of Funding Availability

Announcement Type: Formula Grant

Catalog of Federal Domestic Assistance Number:

20.218

Program Purpose:

The MCSAP Basic and Incentive grant program is a Federal formula grant program that provides financial assistance to reduce the number and severity of crashes, injuries, and fatalities involving commercial motor vehicles.

Eligibility Information:

State MCSAP lead agencies, including the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of Northern Mariana Islands.

Application Due Date:

August 3, 2015 (11:59 P.M. Eastern Standard Time)

A. MCSAP Basic and Incentive Grant Program Description

The United States Department of Transportation’s (USDOT) Federal Motor Carrier Safety Administration (FMCSA) announces the Fiscal Year (FY) 2016 Motor Carrier Safety Assistance Program (MCSAP) Basic and Incentive grant notice of funding availability (NOFA) opportunity.

This NOFA document will assist you by providing important information about the MCSAP, FY 2016 MCSAP Basic and Incentive program priorities, and critical information related to preparing and submitting a grant application.

The MCSAP is authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. No. 109–59, §§ 4101(a), 4106 (2005), as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. No.112–141, §§ 32601, 32603(a) (2012), as extended by the Highway and Transportation Funding Act of 2014, Pub. L.

FY 2016 MCSAP Basic and Incentive Notice of Funding Availability

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No. 113-159, § 1102 (2014). The MCSAP is governed by 49 United States Code (U.S.C.) §§ 31102-31104, and by 49 Code of Federal Regulations (C.F.R.) Part 350.

The MCSAP grant is a formula grant program that provides financial assistance to States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the U.S. Virgin Islands to reduce the number and severity of crashes and hazardous material incidents involving commercial motor vehicles (CMVs). Specifically, only the State lead agency (as designated by the Governor) is eligible to apply for Basic and Incentive grant funding. Individuals and businesses are not eligible for awards. Unsolicited applications will not be accepted.

Under this grant opportunity, the grant period of performance shall be October 1, 2015 through September 30, 2017, inclusive. The FMCSA uses its contract authority for this program to make the effective date for this grant October 1, 2015; however, FMCSA is not responsible for any monies expended by the State lead agency outside the scope of the grant agreement as determined by the approved Commercial Vehicle Safety Plan (CVSP) or prior to the award period of performance start date.

All application materials must be submitted to FMCSA by 11:59 P.M. (Eastern Time) on August 3, 2015. State lead agencies who, for good cause, cannot submit their application by the deadline may request an extension in writing of no more than 30 calendar days from their FMCSA Division Administrator. The FMCSA strongly encourages submission of all application documents by August 3, 2015 to ensure timely review of CVSP and expedite the award process.

Important Changes and Reminders —

The FMCSA uses an online Commercial Vehicle Safety Plan (CVSP) development tool (eCVSP) for the creation of CVSPs, to track the progress of CVSP development, and to create a PDF version of the CVSP that the State lead agency may use to administer the grant. The eCVSP system is also used to submit the CVSP to FMCSA for Agency review and negotiation with the State lead agency.

The FMCSA uses an online Commercial Vehicle Safety Plan (CVSP) development tool (eCVSP) for the creation of CVSPs, to track the progress of CVSP development, and to create a PDF version of the CVSP that the State lead agency may use to administer the grant. State Lead agencies use the eCVSP system to submit the CVSP to FMCSA for Agency review and negotiation with the State lead agency.

New FY 2016 functionalities in the eCVSP include:

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Cost information entered into the budget narrative is automatically transferred into the line item budget, eliminating the need to duplicate expense information within the eCVSP.

State lead agencies are able to upload documents in eCVSP for FMCSA review such as the Certification of MCSAP Conformance (State Certification), Certification of MCSAP Compatibility and copies of any new laws and regulations enacted within the past year.

State lead agencies are able to complete a subgrantee budget narrative in eCVSP for FMCSA review and to assistance in the administration of the grant.

The eCVSP is not designed to interface with Grants.gov and therefore does not include all required application forms. As a result, State lead agencies must upload certain documents separately into the Grants.gov application package. See Appendix A for the application package requirements.

Because MCSAP Basic and Incentive is a formula grant program, FMCSA encourages State lead agencies to coordinate with their respective FMCSA Division Offices in the development and review of draft CVSPs. While FMCSA personnel cannot author any component of the CVSP, they can provide technical, programmatic guidance on proposed goals and activities as well as provide a review of sections of the CVSP prior to submission.

The FMCSA will host a series of webinars for State lead agencies that will provide guidance to:

1) navigate/use the eCVSP system; 2) identify problem statements and best practices to aid in application development; and 3) prepare the budget narrative. See Appendix B for project and budget narrative guidance and information demonstrating how the FMCSA evaluates each application. See Appendix D for webinar information.

This NOFA includes several attachments that have changed since last year. These attachments are designed to help you develop and ensure a complete application package. Attachments include:

Attachment A— Application Package Requirements Attachment B— Project and Budget Narrative Guidance and Evaluation Factors Attachment C— eCVSP Information Attachment D— Pre-Application Webinars Attachment E— Standard Title VI/Non-Discrimination Assurances

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FY 2016 Program National Priorities—

There are five national program elements for the MCSAP outlined in 49 C.F.R. § 350.109.

These include driver/vehicle inspections, traffic enforcement, compliance reviews (CSA Investigations), public education and awareness, and data collection. In addition to these core program elements, FMCSA establishes annual national priorities based on emerging or continuing issues.

1. Enforcement of Out of Service Orders at Roadside

Carriers that operate in violation of an out of service (OOS) order are ignoring safety regulations and consciously disregarding the law. The importance of catching carriers that are out of service due to a declaration of Imminent Hazard or determination that they are unfit to operate cannot be overstated. Simply put, these carriers pose an immediate danger to the safety of the traveling public. Every activity conducted as part of MCSAP (inspection, carrier investigations, traffic enforcement, data quality, and education and outreach) is undermined when these carriers continue to operate in violation of these orders and without consequences at roadside. As a result, for FY 2016, FMCSA encourages all States to look at ways to strengthen their ability to identify OOS carriers during roadside inspection activities. Specifically, checking a carrier’s USDOT number to ensure that the carrier is not out of service is a critical component of all roadside enforcement activities and required by 49 C.F.R. § 350.211.

The FMCSA will continue to set as the goal for all States an OOS carrier “Catch Rate” of 85 percent. For the purpose of this rate, an OOS carrier is defined as those carriers with a current declaration of Imminent Hazard or those carriers FMCSA has determined to be Unsatisfactory and Unfit. If a State does not meet the 85% catch rate for these carriers, it must explain in the CVSP how it has or will implement policies, utilize appropriate technology to identify OOS carriers, and conduct quality assurance oversight to ensure that inspectors are using proper procedures to identify these high risk carriers and preventing them from continued operations.

As part of this requirement, FMCSA will provide to each State a report indicating its Catch Rate for the 12-month period preceding the report. This report will be the basis for a State’s planning in this national priority area.

2. Enhanced Investigative Techniques

The FMCSA has developed and deployed Enhanced Investigative Techniques (EIT) training to its personnel. This training encourages investigators to pursue leads, verify records with additional sources, and invest the requisite time to ensure the safe on-road performance of the carrier being investigated. The training is taught by seasoned investigators and uses case studies to help the students apply the techniques. Since implementing the EIT program at FMCSA, the

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Agency has significantly increased the enforcement rate for investigations and has issued 52 OOS orders against passenger motor carriers as a result.

Based on the success of the EIT-Federal training, FMCSA is offering the training to State MCSAP partners during FY 2016. We ask that States interested in participating in this training to allocate resources and funding for expenses in their CVSP budget. We also request that, after completing the EIT training, States utilize these techniques for all motor carriers of passengers and other high risk carriers. Finally, FMCSA asks that States continue to partner with FMCSA in conducting Enhanced Investigations and inspections at carrier locations.

3. CSA Phase III

The FMCSA is working to offer Compliance, Safety, Accountability (CSA) Phase III training to State personnel. This training will prepare investigators and managers to use the full array of CSA interventions through reinforcing the existing interventions and training staff on offsite investigations, serious violation follow-up investigations, and cooperative safety plans. CSA Phase III training will also teach investigators and managers to use new investigative software and improved IT systems built specifically to support CSA interventions and replace the CAPRI investigation software.

The FMCSA aims to have this training available in FY 2016 and asks that States consider allocating funding for expenses to attend this training in their CVSP budget. The target audience for this training includes both CSA 100 percent and non-100 percent States since a large component of the training will be on the new IT systems.

4. Oilfield Operations

The emergence of oilfield drilling operations in many States has resulted in an increase in CMV traffic to move drilling equipment and transport large quantities of supplies, such as water, sand, and chemicals to and from the well sites. As these drilling operations expand into States without a program in place to address oil and gas exploration operations, and the volume of commercial vehicle traffic has increased, State and local officials have reported a significant increase in safety problems.

States that have active oil and gas operations should look at data specific to their jurisdiction to determine if there has been a significant increase in crashes or crash risks due to vehicles associated with these operations. States are encouraged to identify strategies and allocate resources to address identified safety problems in these areas in their CVSP. As part of this, States are strongly encouraged to focus on enforcement of Hazardous Materials (HM) regulations, with particular emphasis on ensuring that carriers are transporting HM in appropriate vehicles, and that HM are properly classified and marked in accordance with HM regulations.

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5. Traffic Enforcement

Due to the success of State inspection programs, data analysis tells us that driver behavior is the primary causation factor for the majority of traffic crashes. To ensure a comprehensive CMV enforcement program, FMCSA will continue in FY 2016 its emphasis on traffic enforcement activities. This includes:

CMV traffic enforcement associated with an inspection;

CMV traffic enforcement without an accompanying inspection resulting from an observed unsafe driver behavior; and

Traffic enforcement of non-CMVs operating unsafely around CMVs, subject to the 5% statutory limit on spending for this effort. Please note that while there is a 5% limit on traffic enforcement of non-CMVs operating unsafely around CMVs, there is no statutory limitation on CMV traffic enforcement.

As a reminder, States must provide specific data in their quarterly reports detailing traffic enforcement activities not associated with a CMV inspection. This allows us to strengthen our traffic enforcement programs nationwide and enables better tracking of grant fund expenditures.

B. Award Information

For FY 2016, FMCSA anticipates awarding a total of $168,275,000 in MCSAP Basic grant funding to 56 States and Territories and $10,000,000 in MCSAP Incentive grant funding to States and the District of Columbia to support CMV safety activities from October 1, 2015, through September 30, 2017.

Distribution of MCSAP Basic and Incentive grants is formula-based. The FY 2016 Basic and Incentive funding amounts FMCSA expects to award is subject to the availability of funds and is based under existing authority from MAP-21, Pub. L. No. 112-141 (2012), as extended. The MAP-21 authorization extension expires on May 31, 2015. If Congress approves another MAP- 21 extension for FY 2016, then the FY 2016 funding amounts are expected to remain similar to FY 2015. The FMCSA will inform State lead agencies if new authorizing legislation changes this grant NOFA for FY 2016.

Because of the variations in certain formula factors, including a State’s varying ratio in comparison to the entire country for a specific factor, funding amounts will change from year to year. The formula factors for MCSAP Basic grants, as set forth in 49 C.F.R. § 350.323, are:

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1. 1997 road miles (all highways), as defined by the Federal Highway Administration

(FHWA);

2. All vehicle miles traveled, as defined by FHWA;

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 FHWA.

MCSAP Basic funds are distributed proportionally to the States using the above-mentioned four, equally weighted (25 percent), factors. To achieve a balanced program and ensure that every State and U.S. Territory is afforded the opportunity to participate in MCSAP, the MCSAP Basic formula has been adjusted for minimum and maximum allocations. The minimum allocation (also known as “floor”) for the States and Puerto Rico is $350,000 or 0.44 percent, whichever is higher, of available MCSAP funding. The maximum allocation (also known as “ceiling”) is

4.944 percent of available MCSAP funding. Each Territory’s funding level is fixed at $350,000 annually.

The Federal Motor Carrier Safety Regulation (FMCSR) 49 C.F.R. § 350.327(b) sets forth five formula factors for MCSAP Incentive grant distribution. Each factor is worth a certain number of shares, and each State may earn a maximum of 15 shares from all factors. The five factors are the:

1. reduction in the number of large truck-involved fatal accidents (five shares);

2. reduction in the rate of large truck-involved fatal accidents (four shares) or, if the grantee showed no change in its fatal accident rate from the previous year, maintenance of a fatal accident rate in the lowest 10 percent among MCSAP grantees (three shares);

3. upload of CMV crash data in accordance with current FMCSA data quality policy guidelines (two shares);

4. verification of commercial driver licenses (CDLs) during all roadside inspections (two shares); and

5. upload of CMV inspection reports in accordance with current FMCSA data quality policy guidelines (two shares).

C. Cost Eligibility Information

The FMCSA will reimburse up to 80 percent of eligible costs incurred in the administration of an approved CVSP. All reimbursable items must be necessary, reasonable, allocable, and allowable to accomplish the goals of the program. Cost eligibility standards are described in the applicable cost principles and administrative requirements:

2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; and

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FMCSA’s MCSAP Comprehensive Policy, as revised.

In-kind contributions are acceptable in meeting the State’s matching share if they represent eligible costs as established by 2 C.F.R. Part 200 and Agency policy. The FMCSA Administrator waives the requirement for matching funds for the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

In accordance with the provisions of 49 U.S.C. § 31102(b) as amended by MAP-21, Pub. L. No.

112-141, § 32601 (2012), State lead agencies must spend at least a specified amount of State funds for Federal assistance program purposes (called maintenance of effort, or MOE). Under this provision, the State lead agency must:

1. demonstrate that the total expenditure of amounts by the State lead MCSAP agency will be maintained at a level at least equal to the average level of that expenditure for fiscal years 2004 and 2005.

2. demonstrate that the amount of the State's MOE does not include the following three things:

(1) Federal funds received for support of motor carrier and hazardous materials safety enforcement from other grant programs.

(2) State matching funds; and

(3) State funds used for Federally sponsored demonstration or pilot CMV safety programs; and

3. limit costs requested for reimbursement to costs incurred during the grant’s period of performance.

If a State lead agency accepts a grant awarded under this program, it is responsible for all project expenses that exceed the awarded amount. MCSAP-funded personnel, including subgrantees, conducting inspections must meet the minimum Federal standards set forth in 49 C.F.R. Part 385 Subpart C and must have access to FMCSA information systems to upload inspection reports.

In accordance with the provisions of 49 C.F.R. § 350.311, expenses eligible for reimbursement under the MCSAP program are included in Appendix B within this NOFA and located in the MCSAP Comprehensive Policy (Appendix A) in Grants.gov.

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The FMCSA will not consider construction costs in the application. Additionally, FMCSA will not consider costs for land, buildings (facilities) or consider additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life. This does not include costs for ordinary repairs and maintenance.

The FMCSA will not approve pre-award costs. Pre-award expenditures are made at risk of the State lead agency. The incurrence of pre-award costs in anticipation of an award imposes no obligation on FMCSA either to make the award or to increase the amount of the approved budget.

Before FMCSA will pay any reimbursements for indirect costs, a current and approved indirect cost rate agreement must be in force. The FMCSA will not approve reimbursement requests for indirect costs if an approved indirect cost rate agreement is not in force for the period of time that the indirect cost expenses are incurred.

The eligibility of all items is subject to review by FMCSA. States are strongly encouraged to review the MCSAP Comprehensive Policy, especially the cost eligibility table in Appendix A of that policy, when preparing the FY 2016 CVSP. The MCSAP Comprehensive Policy is available from your respective Division Office.

D. Application and Submission Information

The FMCSA utilizes Grants.gov (www.grants.gov) for accepting application forms under this program. Unsolicited applications will not be accepted. Program documents, such as the CVSP, are submitted separately into the eCVSP. See Appendix A for a checklist to ensure your application package is complete and submitted correctly.

STEP #1: To apply, the State lead agency must first complete the Grants.gov registration process. Note that the new registration process can take as long as four weeks.

STEP #2: Every State lead agency must:

1) be registered in the System for Award Management (www.SAM.gov) before submitting the application; 2) provide a valid Data Universal Numbering System (DUNS)

How do I know that my application has been received by Grants.gov?

Once Grants.gov has received your submission, they will send email messages to advise you of the progress of your application through the system.

Over the next two business days, you should receive two emails: 1) confirms application receipt by the Grants.gov system; and 2) indicates that the application has either been successfully validated by Grants.gov prior to transmission to FMCSA or has been rejected due to errors. Click here for more information.

http://www.grants.gov/web/grants/applicants/apply-for-grants/step-4-track-my-application-package.html

FY 2016 MCSAP Basic Page 10 of 42 May 2015 number in its application; and 3) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application under consideration by FMCSA.

The FMCSA may not make a Federal award to a State lead agency until the State lead agency has complied with all applicable DUNS and SAM requirements. A State lead agency is not qualified to receive an award if the State lead agency has not complied with DUNS and SAM requirements.

STEP #3: The State lead agency must download the grant application package from Grants.gov, complete it, and submit the completed application package with required attachments through Grants.gov and eCVSP on or before the deadline of 11:59 P.M. (EST) on Monday, August 3, 2015.

State lead agencies may contact their FMCSA Division Office for eCVSP access issues and eCVSP information. The FMCSA does not own or maintain Grants.gov and is therefore unable to provide Grants.gov technical assistance. Training on how to apply in the Grants.gov system is available at: http://www.grants.gov/applicants/apply-for-grants.html. All technical assistance issues should be directed to Grants.gov at:

For Grants.gov assistance, contact:

Phone: 1-800-518-4726 (toll-free) or 606-545-5035 Business Hours: 24 hours a day, 7 days a week Closed on Federal holidays Email: support@grants.gov

Important Note: If a State lead agency expects that they will not submit their application package by the deadline, the State lead agency may submit a written request to their FMCSA Division Administrator to request an extension. The FMCSA Division Administrator may allow an extension for a period not to exceed 30 calendar days if the State lead agency can show good cause.

Content and Form of Application Submission—

The FMCSA will continue to utilize the online CVSP development tool (eCVSP) for the FY 2016 MCSAP grant application and process. While State lead agencies are not required to use the eCVSP, FMCSA strongly encourages that State lead agencies do so. Use of the eCVSP helps ensure that States satisfies the requirements in 49 C.F.R. 350.213, expedites FMCSA’s review of the document, facilitates the prompt returning of comments or requests for clarification, and allows the State to easily resubmit a revised document. If a State lead agency chooses not to use eCVSP, it must ensure that the information it provides is consistent

FY 2016 MCSAP Basic Page 11 of 42 May 2015 with 49 C.F.R. 350.213 and addresses the priorities listed in this NOFA. The FMCSA will not release a standalone CVSP template for FY 2016.

The State lead agency may choose to add supplemental information in eCVSP that it believes will support the proposal. However, the State lead agency should limit the information provided to FMCSA to what is needed to evaluate the proposed projects. Documents should not exceed 3

– 4 pages in length unless they involve the most complicated of issues (there is a 5MB per document size limit in eCVSP). Budgets and other information in charts or spreadsheets should be pre-formatted for printing on standard size copy paper.

Application Package Requirements—

1. SF-424 – Application for Federal Assistance: Standard application form for all Federal assistance requests available in the Grants.gov application kit. This form is required and submitted by the State lead agency into Grants.gov.

2. SF-424A – Budget Information for Non-Construction Programs: Standard budget form for requests for Federal assistance available in the Grants.gov application kit. This form is required and submitted by the State lead agency into Grants.gov.

3. SF-424B – Assurances for Non-Construction Programs: Standard assurances form associated with accepting Federal assistance funds available in the Grants.gov application kit.

This document indicates that the State lead agency is in substantial compliance with various programs, regulations, and Federal laws for a non-construction program. This form is required and submitted by the State lead agency into Grants.gov.

4. Grants.Gov Lobbying Form: Standard lobbying form available in the Grants.gov application kit for State lead agencies to indicate that they do/do not engage in lobbying activity. This form is required and submitted by the State lead agency into Grants.gov.

5. SF-LLL – Disclosure of Lobbying Activities: Standard form for State lead agencies to report their lobbying activities available in the Grants.gov application kit. Only applies to State lead agencies that have lobbying activities to disclose. This form is optional and submitted by the State lead agency into Grants.gov, if applicable.

6. Key Contacts Form: Form to include the individuals that will be responsible for a Federal award. It is available in the Grants.gov application kit. This form is required and submitted by the State lead agency into Grants.gov.

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The FMCSA requires three points of contact: 1) Authorized Designated Official (ADO), 2) Principal Investigator or Program Director (PI/PD); and 3) Financial Official (FO). Annotate on the form if the same individual is responsible for multiple roles.

Authorized Designated Official (Authorized Signer): This individual is authorized to sign a grant award on behalf of the organization. This individual is typically the head of the organization or a designee (e.g., Colonel, Director, Commissioner, etc.).

Principal Investigator or Program Director (Program/Project Manager): This individual has daily program implementation oversight. This role is typically performed by a project/program manager (e.g., Unit Commander, Project Coordinator, etc.).

Financial Officer (Grants Manager): This individual is responsible for monitoring grant program finances and providing clarification on financial information such as budget details, Single Audits, invoice support documentation, etc. This role is typically performed by a grant, finance, or administrative/program specialist.

7. Attachment Form: Supplemental, optional form to submit attachments. Available in the Grants.gov application kit.

8. Indirect Cost Rate Information: If the budget includes indirect costs, attach a copy of the fully executed, negotiated agreement. If the rate will not be approved by the application due date, attach the letter of renewal or letter of request that you sent to your cognizant agency to your application.

9. FMCSA Administrative Capability Questionnaire (ACQ): This required self-certification questionnaire is used by FMCSA to assess your organization’s administrative management systems, infrastructure, policies, and resources. This form is submitted by the State lead agency into Grants.gov. It is located within the Grants.gov “Full Announcement” tab.

10. Standard Title VI/Non-Discrimination Assurances: This self-certification assurance ensures that the State lead agency will comply with the appropriate acts, regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance to ensure that no person in the United States shall, on the grounds of race, color, national origin, sex, age, disability, low-income, or Limited English Proficiency be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the State lead agency receives Federal financial assistance from FMCSA.

IMPORTANT!

Attachment file names must be limited to the following characters:

A-Z, a-z, 0-9, underscore (_), hyphen (-), space, and period.

Using any other characters will cause the application to be rejected by Grants.gov!

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The Standard Title VI/Non-Discrimination Assurances is located in Appendix E and on Grants.gov in the “Full Announcement” tab. This form is required and submitted by the State lead agency into Grants.gov.

11. CVSP: The CVSP includes a narrative on the program structure, past performance data, performance goals, objectives, activities, strategies, performance measures, and information to support the budget. Completed and submitted by the State lead agency in the eCVSP system.

12. Certification of MCSAP Conformance (State Certification): Required by 49 C.F.R.

§ 350.213(n), as described in detail in 49 C.F.R. § 350.211, this document certifies that the State will meet all of the requirements of participation in the MCSAP and must be executed by the authorized State official who provides program assurances. It is located within the Grants.gov “Full Announcement” tab, for reference and use. It is attached by the State lead agency in the eCVSP system.

13. Annual Certification of Compatibility: Required by 49 49 C.F.R. § 350.213(l), this document must be executed by the State’s Governor, Attorney General, or other State official specifically designated by the Governor stating that the annual review was performed and the result of the annual review (including information on variances previously approved by FMCSA and variances submitted to FMCSA consideration but not yet approved).

The document must either indicate that State CMV laws remain compatible with the FMCSRs and Hazardous Material Regulations (HMRs) or identify any incompatibilities and include an explanation regarding the State’s progress towards achieving compatibility and the date by which compatibility is expected to be achieved. It is located within the Grants.gov “Full Announcement” tab, for reference and use. It is attached by the State lead agency in the eCVSP system.

14. New Laws and Regulations: Required by 49 C.F.R. § 350.213(m), a copy of any new law, regulation, or policy affecting CMV safety that was adopted by the State since the last CVSP;

these new laws and regulations should be referenced in the Results of the Regulatory Compatibility Review. If there have been no new laws, regulations or policy affecting CMV safety since the last CVSP, you must upload a statement certifying that fact. It is attached by the State lead agency in the eCVSP system.

E. Application Review Information

All applications received by the due date and time are subjected to an initial intake review.

This intake review determines whether the State lead agency is eligible for an award and the information required by the NOFA has been submitted. Applications that pass the intake

FY 2016 MCSAP Basic Page 14 of 42 May 2015 review will be subjected to a comprehensive evaluation. If FMCSA requests revisions to the CVSP, State lead agencies must submit a revised CVSP no later than 30 days after receiving the request for revision. The FMCSA strongly encourages State lead agencies to complete the necessary planning and resource deployment required for timely submission and revision, if requested, as soon as possible.

The FMCSA will notify the State, in writing, within 30 days of receipt of the CVSP whether the plan is approved or whether approval has been withheld because the CVSP does not meet the regulatory requirements and/or is not adequate to ensure effective enforcement of the Federal FMCSRs and HMRs and/or corresponding State laws and regulations. If approval is withheld, the State lead agency will have 30 days from the date of the notice to modify and resubmit the plan.

F. Award Administration Information

Awards will be made as soon as administratively practicable. The FMCSA may not award grants until the enactment of authorizing legislation (budget authority), an appropriations act, an apportionment from the Office of Management and Budget (OMB), and FMCSA Administrator approval. The FMCSA may not award grants or release information concerning application recommendations until approval is obtained. The FMCSA may, at its discretion, issue partial funding awards up to the level authorized provided that the above conditions are met. Additional information on the budget process may be found in OMB A-11:

http://www.whitehouse.gov/omb/circulars_default/.

The FMCSA is not obligated to make any Federal award as a result of the announcement.

Funding amounts made available for reimbursement may be impacted by limitations placed on the FMCSA’s authorizing legislation (budget authority) and FY 2016 appropriations act.

Pursuant to FMCSA’s contract authority for this program the effective date for this grant October 1, 2015; however, FMCSA is not responsible for any monies expended by the State lead agency outside the scope of the approved CVSP or prior to the award period of performance start date.

The FMCSA notifies grant recipients of approval by issuing a Notice of Grant Award (NGA) to the recipient via GrantSolutions (www.grantsolutions.gov), the FMCSA grant management system. Attached to the NGA is the FMCSA Financial Assistance Agreement General Provisions and Assurances (grant terms and conditions). The State lead agency must agree to the terms and conditions before grant funds will be awarded. A copy of the FY 2015 terms and conditions is located within the Grants.gov “Full Announcement” tab. The FMCSA is updating these terms and conditions to comply with OMB requirements and will make them available on Grants.gov when updated.

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The grant terms and conditions outline the reporting requirements that the State lead agency must meet after award. Reporting responsibilities include quarterly program performance status using the Performance Progress Report (SF-PPR) and quarterly financial status using the Federal Financial Report (SF-FFR). For FY 2016 FMCSA grant awards, recipients must use GrantSolutions to submit the SF-FFR. The recipient is required to submit the quarterly SF-PPR via email until the FMCSA has made the necessary GrantSolutions system modifications that will allow for electronic SF-PPR reporting. Additional quarterly report information and other required forms and templates are available at: http://www.fmcsa.dot.gov/mission/grants/grantee-resources

All FMCSA grant programs are cost reimbursable and all FMCSA recipients must request reimbursement at least on a quarterly basis. Reimbursement means that grant funded entities must first expend their own money for activities identified in the grant application. Entities will then be reimbursed by FMCSA for actual costs incurred. This request must include a signed Request for Advance or Reimbursement (SF-270) and a detailed expenditures worksheet with a written explanation of how the funds were used. All costs must be in line with the approved budget, OMB cost principles and FMCSA policies. Recipients must submit requests for reimbursement electronically through the Delphi eInvoicing System (iSupplier). Additional information is available at: http://www.dot.gov/cfo/delphi-einvoicing-system.

G. Agency Contact—

The MCSAP Basic and Incentive grant program is managed by the USDOT– FMCSA–Associate Administrator for Enforcement – Office of Safety Programs – State Programs Division.

For more information related to this announcement or application submission, the State lead agency may contact the FMCSA Field Office in its State.

H. Other Information—

This NOFA is only applicable to MCSAP Basic and Incentive funding. Applications for related grant programs (MCSAP High Priority, MCSAP New Entrant) will not be accepted. The FMCSA may make changes or additions to this NOFA. All changes will be communicated on Grants.gov. The Agency encourages you to sign up for Grants.gov emails so you may be notified of the changes.

This NOFA is intended for informational purposes and reflects current planning. If there is any inconsistency between the information contained herein and the terms of any resulting funding agreement, the terms of the NGA are controlling.

For applicant and grantee resources, please see the FMCSA Grant Programs Website, available at http://www.fmcsa.dot.gov/mission/grants/grantee-resources http://www.fmcsa.dot.gov/mission/field-offices

Appendix A — Application Package Requirements

FY 2016 MCSAP Basic Page 16 of 42 May 2015

Appendix A — Application Package Requirements

Below are the documents necessary to complete your application package. Use of this appendix is encouraged as it ensures your application will proceed forward for further review. The table below lists the document names, description, location, and submission information.

Document Name Document Description and Location Information Document Included

SF-424 Application for Federal Assistance

Required standard application form for all requests for Federal assistance.

Available in the Grants.gov application package. Attached by the State lead agency to the Grants.gov application package.

YES

NO

SF-424A Budget Information for Non- Construction Programs

Required standard budget form for requests for Federal assistance. Available in the Grants.gov application package. Attached by the State lead agency to the Grants.gov application package.

YES

NO

SF-424B Assurances for Non-Construction Programs

Required standard assurances form associated with accepting Federal assistance funds. This document indicates that the State lead agency is in substantial compliance with various programs, regulations, and Federal laws for a non-construction program. Available in the Grants.gov application package. Attached by the State lead agency to the Grants.gov application package.

YES

NO

4 Grants.Gov Lobbying Form Required form that allows State lead agencies to indicate that they do not engage in lobbying activity. Available in the Grants.gov application package.

Attached by the State lead agency to the Grants.gov application package.

YES

NO

SF-LLL Disclosure of Lobbying Activities (if applicable)

Standard form for State lead agencies to report their lobbying activities available in the Grants.gov application kit. Only applies to State lead agencies that have lobbying activities to disclose. Available in the Grants.gov application package. Attached by the State lead agency to the Grants.gov application package, if applicable.

YES

NO

FY 2016 MCSAP Basic Page 17 of 42 May 2015

Appendix A — Application Package Requirements

Document Name Document Description and Location Information Document Included

6 Key Contacts Form

Required form requests contact information for the: 1) Designated Authorized Designated Official (authorized signer), 2) Principal Investigator or Program Director (program/project manager); and 3) Financial Official (Grants Manager). Available in the Grants.gov application package. Attached by the State lead agency to the Grants.gov application package.

YES

NO

7 Attachment Form Form used to submit supplemental attachments to support the grant application. Available in the Grants.gov application package. Attached by the State lead agency to the Grants.gov application package, if applicable.

YES

NO

Indirect Cost Rate Agreement

State lead agency’s signed current approved indirect cost rate from the cognizant Federal agency or letter of request to cognizant agency for rate establishment or adjustment. Attached by the State lead agency to the Grants.gov application package, if indirect costs are included in the budget.

YES

NO

FMCSA

Administrative Capability Questionnaire

Required self-certification for FMCSA to assess the adequacy of the State lead agency’s administrative management systems. The questionnaire is located within the Grants.gov “Full Announcement” tab. Completed by the State lead agency and attached to the Grants.gov application package.

YES

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Appendix A — Application Package Requirements

Document Name Document Description and Location Information Document Included

Standard Title VI/Non- Discrimination Assurances

Required self-certification assurance ensures that the State lead agency will comply with the appropriate acts, regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance to ensure that no person in the United States shall, on the grounds of race, color, national origin, sex, age, disability, low-income, or Limited English Proficiency be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. The assurance is located within the Grants.gov “Full Announcement” tab. This form is submitted by the State lead agency into Grants.gov.

YES

NO

11 CVSP

Commercial Vehicle Safety Plan narrative which includes program structure, past performance data, performance goals, objectives, activities, strategies, performance measures, and budget documentation. Completed and submitted by the State lead agency in the eCVSP system.

YES

NO

Certification of MCSAP Conformance (State Certification)

Required by 49 C.F.R. § 350.213(n), as described in detail in 49 C.F.R. § 350.211, this document certifies that the State will meet all of the requirements of participation in the MCSAP and must be executed by the authorized State official for providing program assurances. The certification is located within the Grants.gov “Full Announcement” tab. Attached by the State lead agency in the eCVSP system.

YES

FY 2016 MCSAP Basic Page 19 of 42 May 2015

Appendix A — Application Package Requirements

Document Name Document Description and Location Information Document Included

Annual Certification of Compatibility

Required by 49 C.F.R. § 350.213(l), this document must be executed by the State’s Governor, Attorney General, or other State official specifically designated by the Governor stating that the annual review was performed and the result of the annual review (including information on variances previously approved by FMCSA and variances submitted to FMCSA consideration but not yet approved).

The document must either indicate that State CMV laws remain compatible with the FMCSRs and HMRs or identify any incompatibilities and include an explanation regarding the State’s progress towards achieving compatibility and the date by which compatibility is expected to be achieved.

Document is created and attached by the State lead agency in the eCVSP system.

YES

NO

New Laws and Regulations

Required by 49 C.F.R. § 350.213(m), a copy of any new law, regulation, or policy affecting CMV safety that was adopted by the State since the last CVSP; these new laws and regulations should be referenced in the Results of the Regulatory Compatibility Review. If there have been no new laws, regulations or policy affecting CMV safety since the last CVSP, you must upload a statement certifying that fact. Attached by the State lead agency in the eCVSP system.

YES

Appendix B— Project and Budget Narrative Guidance and Evaluation Factors

FY 2016 MCSAP Basic Page 20 of 42 May 2015 and Incentive NOFA

The FMCSA will continue to utilize the online CVSP development tool (eCVSP) for the FY 2016 process. While State lead agencies are not required to use the eCVSP, FMCSA strongly encourages that States do so. Use of eCVSP helps ensure that State lead agencies satisfy the requirements in 49 C.F.R. § 350.213, expedites FMCSA’s review of the document, facilitates the prompt returning of comments or requests for clarification, and allows the State to easily resubmit a revised document. If a State lead agency chooses not to use eCVSP, it must ensure that the information it provides is consistent with 49 C.F.R. § 350.213 and addresses the priorities listed in this NOFA.

All project and budget narrative submissions outside of the eCVSP must be on 8.5" x 11" paper, using either the “Times New Roman” or “Arial” font type in 12 point. Page margins must be at least 0.5” overall. There is no specific page limitation. Include a description of the goal(s) of the application and the applicable program priority(ies) met by the application’s projects.

Include specific information about the outputs the application proposes to achieve. For each goal identified, the State lead agency must provide a problem statement, performance objective, program activity plan, and performance measurement plan.

Sample Problem Statement

Definition Description of the State-identified problem. Include relevant details to identify the problem and to establish the baseline (include data source, how the State collects, maintains, and analyzes the data).

Sample #1 Sample #2

The State has identified 5 corridors of highway that alone account for 38.4% of all CMV-related fatalities in the State.

State traffic records indicate that speeding, following too closely, and improper lane change account for 84% of the crash causation factors along these corridors.

The State has identified hours of service related issues as the single most often cited violation in both carrier investigations and during roadside inspections. The State suspects that driver fatigue, as evidenced by improper adherence to hours of service regulations, accounts for 25% of the crashes in the State.

FMCSA Evaluation Criteria The FMCSA will consider the extent to which the State lead agency has used available data to identify the cause of CMV crashes.

Appendix B — Project and Budget Narrative Guidance

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Sample Performance Objective

Definition Description of the goal related to the problem statement. This can be measured in the number or percentage reduction of crashes, fatalities, injuries, and/or specified incidents) that will result by implementing specific strategies and activities.

Sample #1 Sample #2

The State will conduct enforcement activities along the 5 identified corridors of highway using our most current data with the goal of reducing the crash rate along each by greater than 10% during the activity period.

The State will reduce the number of hours of service violations found in roadside inspections and during carrier investigations for domiciled carriers by 30% during the activity period.

Evaluation Criteria The FMCSA will consider the extent to which the State lead agency describes sound program goals and objectives that are specific, measurable, and can likely be achieved during the grant period of performance. The FMCSA will also consider the extent to which the State lead agency thoroughly explains why it selected the project goals and objectives to address the need(s) established in the Problem Statement.

Sample Program Activity Plan

Description of the activities the State believes will help mitigate the problem. This section should only be a high-level description – detailed activities will be described later.

Sample #1 Sample #2

The State will conduct high visibility traffic enforcement along the 5 identified corridors of highway during the activity period. The State will conduct at least 5 enforcement blitzes each month and will ensure that it increases the number of officers assigned to each corridor from X to Y during each of the 4-day periods. (See Driver/Vehicle inspection section for further information.)

The State will focus on conducting at least 40% of its total number of inspections as Level III.

Further, the State will provide additional training to officers to detect hours of service violations.

Finally, the State will engage in 12 free hours of service safety talks to motor carrier associations around the State during the performance period.

(See respective sections for further information i.e., Outreach and Education.)

Evaluation Criteria The FMCSA will consider the extent to which the State lead agency describes tasks, activities, and timelines to achieve the project goals.

FY 2016 MCSAP Basic Page 22 of 42 May 2015

Sample Performance Measurement Plan

Description of how the State will measure progress towards the performance objective goal, such as quantifiable and measurable outputs (hours, carrier contacts, inspections, etc.) and in terms of performance outcomes. The measure must include specific benchmarks that can be reported on in the quarterly progress report if practicable (if quarterly reporting is not practicable, explain how the annual outcome will be reported).

Sample #1 Sample #2

The State, using its own crash data, will record the number of officer enforcement hours, stops made, citations issued, violation code of citations issued, and crashes reported along each corridor at the end of each quarter.

Using this information, the State will adjust the officers assigned to future blitzes and provide each officer assigned with a specific focus area for enforcement.