FY2018 MCSAP NOFO - Final Word Version.docx

Appendix C— eCVSP Update and Training Information U.S. Department of Transportation Federal Motor Carrier Safety Administration Fiscal Year 2018 - Motor Carrier Safety Assistance Program Notice of Funding Opportunity (NOFO)

A. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM DESCRIPTION

The U.S. Department of Transportation’s (USDOT) Federal Motor Carrier Safety Administration (FMCSA) announces the Fiscal Year (FY) 2018 Motor Carrier Safety Assistance Program (MCSAP) Notice of Funding Opportunity (NOFO). This document will assist you by providing important information about the FY 2018 MCSAP priorities and critical information related to preparing and submitting a grant application.

The Fixing America’s Surface Transportation Act (FAST Act), Pub. L. No. 114-94, §§ 5101(a) and (c) (2015) authorize the MCSAP. The MCSAP is governed by 49 U.S.C. §§ 31102 and 31104, as amended by the FAST Act, and by 49 CFR part 350.

The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by:

(1) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials;

(2) investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and in fatalities resulting from such crashes;

(3) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and

(4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks.

The FAST Act required several programmatic enhancements to the MCSAP grant beginning in FY2016 that carry into subsequent years. These changes are summarized below to reinforce understanding of the revised program requirements and to understand program priorities.

The FAST Act consolidated several stand-alone FMCSA grant programs. This means that those stand-alone programs Basic and Incentive, New Entrant, Border Enforcement, Safety Data Improvement, and Performance and Registration Information Systems Management (PRISM) are now components of the MCSAP grant. Additionally, funding for some provisions of Innovative Technology Deployment (ITD) and PRISM will be available through the High Priority grant program. See the MCSAP Comprehensive Policy (MCP) for additional information regarding funding eligibility.

The MCSAP is comprised of five national program elements derived from 49 USC § 31102, and further outlined in 49 CFR § 350.109. These program elements are driver/vehicle inspections, traffic enforcement, compliance reviews/investigations, public education and awareness, and data collection. The FAST Act expanded upon the five program elements outlined in 49 CFR § 350.109 to include specific activities that support commercial vehicle (CMV) safety and are critical to the MCSAP grant. These include:

· New entrant safety audits – States are required to establish an interstate new entrant safety audit program to be eligible for MCSAP funds;

· Border enforcement activities – States that share a border with a foreign country may establish a border safety program targeting CMVs engaged in international commerce.

· Required participation in the performance and registration information systems management no later than October 1, 2020; and

· Information technology system investment, including ITD operations and maintenance, as activities critical to the MCSAP grant.

1. Driver and Vehicle Inspections

Driver and vehicle inspections are one of the most successful strategies used in the MCSAP and HP programs to improve safety. Approximately 3.5 million CMV inspections are conducted each year to ensure trucks and buses driving on the highways are operating safely. There are several levels of inspections ranging from the most comprehensive Level I inspection, which evaluates both the driver and the vehicle, to inspections with a more specific area of focus (such as hazardous or radioactive materials).

Driver and vehicle inspections are eligible activities under the MCSAP grant to ensure motor carriers (including new entrants), CMVs, and drivers operating CMVs are in compliance with safety regulations and requirements. This also includes inspections of CMVs engaged in international commerce, primarily those entering the United States from a foreign country. Specific areas of enforcement within driver and vehicle inspections include:

0. Passenger Carrier Safety

Passenger carrier CMV safety and enforcement continues to be a major CMV safety focus. FMCSA requests that special emphasis be placed on the conduct of comprehensive investigations of motor carriers that transport passengers. Information regarding passenger carrier maintenance and safety impact can be found in policy number MC-ECS-2014-0001 dated April 25, 2014, titled “Investigating the Vehicle Maintenance BASIC during Motorcoach Investigations” and within the MCP. A copy of the MCP can be found in the eFOTM in the documents section.

0. 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 stopping carriers that are out of service due to a declaration of Imminent Hazard or a 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. For FY 2018, FMCSA continues to encourage 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 CFR § 350.211.

FMCSA will continue to set as the goal for all States an OOS carrier average “Catch Rate” of 85 percent over a 12-month period. For this purpose, OOS carriers are defined as those carriers with a current declaration of Imminent Hazard or those carriers FMCSA has determined to be Unsatisfactory and Unfit. For FY 2018, FMCSA will not penalize States for failure to meet the 85% catch rate due to technology challenges associated with the transitioning of core CMV safety information technology systems.

States that did not meet the 85% catch rate for these carriers should still explain in the CVSP how they have 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.

0. Electronic Logging Devices

The Electronic Logging Device (ELD) Final Rule published on December 16, 2015, is intended to help create a safer work environment for drivers, and make it more efficient to accurately track, manage, and share records of duty status (RODS) data. An ELD synchronizes with a vehicle engine to automatically record driving time for easier and more accurate recording of hours of service (HOS). The rule applies to most carriers and drivers who are required to maintain RODS. See more at: https://www.gpo.gov/fdsys/pkg/FR-2015-12-16/pdf/2015-31336.pdf. The following is a brief description of the requirements of each of the three ELD Implementation phases.

As part of implementation of the ELD Final Rule, the National Training Center (NTC) is developing ELD training that corresponds with the three implementation phases and intends to provide the training in FY 2018. States should consider allocating the appropriate resources to ensure inspectors and investigators receive this important training. For resource allocation planning, below is an outline of the training plan.

· For existing inspectors and investigators: Phase I training will be online training, Phase II training will be instructor-led classroom training, and Phase III training is anticipated to be online.

· For new inspectors and investigators: All phases of training will be instructor-led classroom training.

States will need to consider which type of electronic data transfer method they will utilize. In addition, they need to identify what equipment and/or software are needed to ensure that proper data transfer will occur at roadside. Software support needed for ELD enforcement may include Web services and eRODS. The eRODS program is software that will analyze the HOS data collected by the ELD and identify potential HOS violations is currently under development. Web services are a method of software development which is web browser based and supported by the latest versions of Internet Explorer, Google Chrome and Firefox.

Please note that States have three years from the effective date of February 16, 2016 to adopt the ELD regulations.

1. Traffic Enforcement

Many preventable crashes result from an illegal or unsafe driver behavior, such as speeding, distracted driving, driving under the influence of alcohol, or following too closely. State inspection programs and highly-visible traffic enforcement activities, especially in areas identified as high-risk crash corridors, have proven to deter drivers. Traffic enforcement activities can be targeted to CMVs (including vehicles operating in foreign commerce) and/or non-CMVs and are eligible under the MCSAP grant, if approved in the applicable grant agreement. This includes:

· CMV traffic enforcement associated with an inspection;

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

· As required under 49 USC 31102(h), documented and reported traffic enforcement of non-CMVs operating unsafely around CMVs is subject to the 10% statutory limit of MCSAP Basic funding for this effort, unless otherwise justified and approved. In order for non-CMV traffic enforcement activities to be eligible for reimbursement, the State must maintain the number of motor carrier safety activities at a level at least equal to the average level of such activities in FYs 2004 and 2005. FMCSA has calculated these activities by utilizing the volume of CMV safety inspections, new entrant safety audits and compliance reviews (carrier investigations) conducted during this period.

· States that wish to spend more than 10% of their MCSAP Basic funding on non-CMV traffic enforcement must provide additional justification to support this request within their CVSP for review and consideration by FMCSA.

· Please note that while there is a 10% funding limit on traffic enforcement of non-CMVs operating unsafely around CMVs unless an exception is approved, there is no statutory funding 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, enables better tracking of grant fund expenditures, as well as more accurate and efficient reporting to Congress on traffic activities. See the MCP for more information on reporting elements.

1. Compliance Reviews/Investigations

Compliance reviews and/or investigations are on- or off-site examinations of a motor carrier’s operation to determine whether it is compliant with the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). An investigation may be initiated based on a possible issue with the company’s safety management controls, or complaints.

Eligible activities include examination of a motor carrier’s transportation and safety records, training requirements, controlled substance and alcohol program, commercial driver license (CDL) records, financial responsibility (insurance), hours of service (HOS), and inspection and maintenance programs. These activities are eligible under the MCSAP grant program, as specified in the grant agreement.

1. New Entrant Safety Audits

New motor carriers seeking to operate in interstate commerce are subject to a safety audit as defined under 49 CFR part 385. These motor carriers are designated as “New Entrants” and safety audit activities include an examination of a motor carrier's operations during the first months of operation. These audits provide educational and technical assistance on safety and the operational requirements of the FMCSRs and applicable HMRs. In addition, these audits gather critical safety data needed to assess the carrier's safety performance and basic safety management controls. The audit may be conducted at the New Entrant’s place of business or off-site, if program requirements are met.

As a condition of MCSAP participation, States must conduct New Entrant Safety Audits on interstate carriers. Safety audits may also be conducted on intrastate carriers but not to the detriment of the interstate safety audit program. New Entrant Safety Audits that are overdue are considered a detriment. Territories are exempt from this requirement.

States must have a New Entrant program that allows them to meet the current requirements for completion of safety audits and to address and prevent overdue audits.

A State may authorize a third party, by sub-award or contract, to conduct safety audits on its behalf provided the State verifies and oversees the quality of the work conducted. The State will remain solely responsible and accountable for the management and oversight of all New Entrant Safety activities. The New Entrant Safety priorities are:

a) Process and complete safety audits within 12 months for all motor carriers, and 120 days for motor carriers of passengers.

b) In addition to the FMCSA national offsite safety audit initiative that began in FY 2015, develop and implement innovative methods to streamline the safety audit process to reduce costs and improve the efficiency of the new entrant program within the State.

1. Border Enforcement

As outlined in 49 USC §31102(c)(2)(AA), if a State shares a land border with another country, the State may conduct a border CMV safety program focusing on international commerce that includes enforcement or related projects. Note that although Border Enforcement activities are optional for qualifying states, Border Enforcement activities must be cited and included in the State’s Plan, or funding calculated within the MCSAP allocation formula for border-related activities will be forfeited for these activities. Any forfeited funds will then be redistributed among remaining MCSAP participants.

The Border Enforcement requirements are as follows.

· Increase the number of inspections of motorcoaches engaged in international commerce. FMCSA encourages States to examine their data on international motorcoach activity and use that data to establish reasonable goals that will result in an increase of international motorcoach-focused activities. In the application, States must substantiate the goals set and provide the data (or data source references);

· Conduct enforcement activities (inspections and traffic enforcement) on CMVs engaged in international commerce within corridors where the data indicate that there are a high number of crashes involving vehicles engaged in international commerce; and/or;

· Improve the capability to conduct CMV safety inspections at remote and other sites at or near the Canadian and Mexican borders. If included, the application should provide data-driven support for how non-fixed location inspections will increase the likelihood of reducing crashes, injuries, and fatalities involving CMVs engaged in international commerce. If border enforcement activities are conducted at locations that are a significant distance from the international border, justification must be included providing information such as the volume of CMVs involved in international commerce at that location, crash rates involving CMVs operating in international commerce, etc.

1. Other Priorities Supported through MCSAP Funding

5. Performance and Registration Information Systems Management PRISM PRISM improves safety and strengthens the enforcement priorities mandated by statute, such as those related to the consequences of unsatisfactory safety ratings, operating under a Federal out-of-service order, and failure to pay civil penalties for safety violations.

States must fully participate in PRISM by October 1, 2020, or demonstrate participation in an acceptable alternative approach for identifying and immobilizing a motor carrier with serious safety deficiencies. FMCSA has determined that “fully participate” as required within the FAST Act means a State reaching Step 6 in the PRISM implementation steps; which is the suspension (or revocation) and denial of registration if the motor carrier responsible for safety of the vehicle is under any Federal out of service (OOS) order.

Costs associated with the implementation, and operation and maintenance (O&M) of PRISM components are considered eligible for MCSAP funding. State lead agencies may also issue sub-awards for PRISM related costs to the appropriate agency(s) in their jurisdiction responsible for the operation and ongoing maintenance of their PRISM components. Non-lead agencies are eligible to request High Priority grant program funding for PRISM related costs.

For more information on PRISM program components implementation, the PRISM Procedural Manual and the full range of reference materials, please visit the PRISM Document Library at www.fmcsa.dot.gov/information-systems/prism/prism-document-library. Also, please reference Section 4.3.1 within the MCP for additional details. For an overview of the PRISM Implementation Steps and national progress map, please visit www.fmcsa.dot.gov/information-systems/prism/states-using-prism.

5. Innovative Technology Deployment(ITD) The FAST Act in 49 USC §31102(c)(2)(BB) allowed the use of MCSAP funding for ongoing O&M for ITD, formerly known as Commercial Vehicle Information Systems and Networks. Any MCSAP lead agency needing O&M funding for deployed projects is encouraged to request MCSAP funding for this purpose. State Lead agencies may also issue sub-awards for ITD related costs to the appropriate agency(s) in their jurisdiction responsible for the O&M of their ITD components.

Any non-MCSAP lead agency in need of ITD O&M funding may apply as part of a High Priority grant application. Non-MCSAP lead agencies are not eligible to receive MCSAP funds directly from FMCSA, although they may receive a sub-award from their MCSAP Lead agency as described above.

Please note that if a MCSAP Lead Agency has not budgeted for O&M costs within their CVSP, and is later denied ITD O&M funds under a High Priority project application, FMCSA will only consider amendments to the current year MCSAP budget for ITD O&M funding in exceptional circumstances and when legally permissible.

5. Data Collection and Quality The FMCSA uses data collected by States and other grant recipients as required by 49 USC 31102(c)(2)(P)(i) to monitor compliance of motor carriers, prioritize carriers for interventions, and record crashes involving CMVs on public roadways. FMCSA is committed to ensuring the integrity of State and Federally-reported safety data in the Motor Carrier Management Information System (MCMIS).

DataQs, is FMCSA’s prescribed national motor carrier safety data correction system which is required in 49 USC 31102(c)(2)(P)(ii). MCSAP lead agencies must establish and dedicate sufficient resources to a program to collect and report accurate, complete, and timely motor carrier safety data. In addition, they must participate in the DataQs program and address requests for data review. These activities are eligible under the MCSAP grant program.

5. Public Education and Awareness

FMCSA promotes activities to increase the safety awareness of the motoring public, motor carriers and drivers through activities such as safety talks, safety demonstrations, and creation of materials that highlight safe driving and consumer awareness. These activities are eligible under the MCSAP grant programs; however, these activities do not include training materials or other items/activities for the direct benefit of the recipient organization and may not include costs for promotional items.

B. FEDERAL AWARD INFORMATION

The MCSAP provides formula grant awards to States. These formula awards are based on an annual allocation formula. The FMCSA expects to award a total of 294,416,500 in FY 2018 for the fiscal year in which the financial assistance agreement is approved and for the next fiscal year, supporting a period of performance for MCSAP awards of October 1, 2017 through September 30, 2019. Funds for this opportunity are provided under the FY2018 budget appropriations. This announcement does not constitute an obligation by the Federal government to make awards. Awards are made based on the availability of Federal funds and awards may be made in increments.

C. ELIGIBILITY INFORMATION

1) Eligible Applicants

Specifically, only the State lead agency (as designated by the Governor) is eligible to apply for MCSAP grant funding. The State is responsible for administering a Plan, submitted to FMCSA for approval of activities throughout the State. Individuals and businesses are not eligible for awards under this program. Details regarding the content and approval of the State Plan is found in § 31102 (b)2 of the FAST Act, 49 CFR part 350, and in the CVSP instructions.

The term “State” includes 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.

2) Cost Sharing or Matching

The FMCSA will reimburse 85 percent of eligible costs incurred in the administration of an approved CVSP. A State match of 15 percent is required and must consist of eligible costs under the MCSAP. Eligible costs that are acceptable in meeting the State’s matching share is described in 2 CFR Part 200, 49 CFR part 350, and the MCP. States may not apply their maintenance of effort to the State match. The FMCSA Administrator waives the requirement for matching funds for the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

Amounts generated under 49 U.S.C. § 14504a[footnoteRef:2] (unified carrier registration fees agreement) and received by a State and used for motor carrier safety purposes may be included as part of the State’s match required under section 31104 or maintenance of effort. [2: The Unified Carrier Registration Agreement (“UCRA”), is established by federal law, in the Unified Carrier Registration Act of 2005, which is part of the federal highway reauthorization bill known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act, A Legacy for Users (“SAFETEA-LU”) (Public Law 109-59, enacted August 10, 2005). UCRA is treated in sections 4302 through 4308 of SAFETEA-LU. In particular, the structure of UCRA is set forth in SAFETEA-LU section 4305, which enacts a new section of the federal code 49 U.S.C. section 14504a.]

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 CFR part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; and

• FMCSA’s MCSAP Comprehensive Policy, as revised in June 2016 (available from FMCSA's Division Offices) and on the FMCSA MCSAP Website at: www.fmcsa.dot.gov/grants/mcsap-basic-incentive-grant/motor-carrier-safety-assistance-program-mcsap-basic-and-incentive.

In accordance with the provisions of 49 CFR § 350.311 and the Federal Uniform Administrative Requirements Cost Principles, additional guidance on eligible expenses under MCSAP is included in the MCP, which FMCSA updated in June 2016. States are strongly encouraged to review the MCP, especially the cost eligibility table, when preparing the FY 2018 CVSP. The eligibility of all expenditures is subject to review by FMCSA.

FMCSA will not approve costs incurred outside the grant period of performance. These costs are incurred at the risk of the State lead agency and impose no obligation on FMCSA to make an award or to increase the amount of the approved budget.

FMCSA will not approve reimbursement requests for indirect costs if an approved indirect cost rate agreement was not in place for the period of time the indirect cost expenses were incurred.

3) Other: Maintenance of Effort (MOE), Baseline

In accordance with the provisions of 49 U.S.C. § 31102(f), as amended by the FAST Act, a State plan shall provide that the total expenditure amounts of the State lead agency responsible for administering the plan will be maintained at a level each fiscal year that is at least equal to the average level of that expenditure for FYs 2004 and 2005 (this may be adjusted once the Secretary approves a new allocation formula). At the request of a State, the Secretary may waive or modify the requirements of MOE for a total of one fiscal year if the Secretary determines that the waiver or modification is reasonable, based on circumstances described by the State, to ensure the continuation of commercial motor vehicle enforcement activities in the State.

For more information on the maintenance of effort (MOE) requirements, please refer to the MCP.

D. APPLICATION AND SUBMISSION INFORMATION

1) Address to Request Application Package The complete application package is available at www.grants.gov. It may be found by searching the CFDA number provided in the front of this announcement.

2) Content and Form of Application Submission The application for MCSAP funding involves two parts/two systems: Grants.gov and eCVSP.

FMCSA utilizes Grants.gov (www.grants.gov) for accepting applications and related forms under this program. Grants.gov is the Federal system for searching and applying for all Federal funding. See Appendix A for a checklist to ensure your application package is complete.

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. Consult the Grants.gov website for more information on submission, confirmations, and tracking: https://www.grants.gov/web/grants/applicants/apply-for-grants/step-3-submit-your-application-package.htm.l.

Technical Support: FMCSA does not own or maintain Grants.gov and is therefore unable to provide Grants.gov technical assistance; all technical issues should be directed to Grants.gov.

· Grants.gov technical support information is located at: http://www.grants.gov/web/grants/support.html.

· Grants.gov training on how to apply in the Grants.gov system is available at: http://www.grants.gov/applicants/apply-for-grants.html.

The CVSP is known in statute and regulation as the “Plan” and serves as the State’s MCSAP grant project plan and budget. FMCSA must approve this Plan for a State to receive a MCSAP award.

The CVSP is submitted separately into the Electronic Commercial Motor Vehicle Safety Plan (eCVSP) tool on the FMCSA Information & Analysis website at https://ai.fmcsa.dot.gov/ecvsp/Default.aspx?ReturnUrl=%2fecvsp%2fPlan%2fCVSPList.aspx.

Access to the eCVSP website is through FMCSA’s MCSAP page of the Analysis and Information (A&I) Online website: http://ai.fmcsa.dot.gov/StatePrograms/Home.aspx and requires a username and password.

eCVSP Registration process:

The FMCSA works directly with each State/Territory to develop a list of users that require access to the eCVSP website. States have the option of identifying three types of user roles:

1. View only – users will only have the ability to view the information entered by the State or comments from FMCSA; these users will not be able to enter any information, make changes, or submit the documents on behalf of the State.

2. Editor – users will have the ability to enter information on behalf of the State, including responding to FMCSA comments; these users will not be able to submit the documents on behalf of the State.

3. Submitter –users will have the ability to enter information on behalf of the State, including responding to FMCSA comments; these users will also have the ability to submit the documents on behalf of the State.

Technical support with the eCVSP tool, including access issues, can be found at https://ai.fmcsa.dot.gov/ecvsp/Data/ContactUs.aspx.

The State lead agency may choose to add supplemental information in the eCVSP that it believes will support the proposal. Documents should not exceed 3– 4 pages in length unless they involve complicated 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 letter size paper.

The application process, therefore, involves two preliminary steps and two submission steps:

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 be registered in the System for Award Management (SAM) and have a valid Data Universal Numbering System (DUNS) number. Additional information on these required items is provided below.

FMCSA may not make a Federal award to a State lead agency until the State lead agency has complied with all applicable requirements in Steps one and two above.

Submission: 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 submit the CVSP on or before the deadline of 11:59 P.M. (EST) on Monday, August 16, 2017.

Submission in Grants.gov is not complete without confirmation from Grants.gov.

FMCSA has incorporated several updates to the eCVSP tool for the upcoming fiscal year. Additional details on those updates are outlined in Appendix C.

3) Data Universal Numbering System (DUNS) Number and System for Award Management (SAM) As stated above, each state applicant is required to: (i) register in SAM (www.SAM.gov) before submitting its application; (ii) provide a valid DUNS number, issued by Dun and Bradstreet, in its application; and (iii) continue to maintain an active SAM registration with current information during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency.

The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified.

4) Submission Dates and Times All application materials (both for eCVSP and Grants.gov submissions) must be confirmed to FMCSA no later than 11:59 P.M. (Eastern Time) on August 16, 2017.

State lead agencies who, for good cause, cannot submit their applications by the deadline may request an extension in writing (i.e., e-mail) of no more than 30 calendar days from the FMCSA Division Administrator/State Director with a copy provided to the Chief, State Programs Division, and the FMCSA Grants Management e-mail box at FMCSA_GrantMgmtHelpDesk@dot.gov.

5) Funding Restrictions The MCSAP grant is formula-based. For FY 2018, the FAST Act, Pub. L. No. 114-94, § 5101(c) (2015) authorizes FMCSA to award $294,416,500 in MCSAP grants. Availability of funds is subject to the FY 2018 appropriation obligation limitation. Below is a table with anticipated FY 2018 MCSAP funding allocations. Please note some formula factors are based on highway safety data collected through the Federal Highway Administration and other sources and are subject to variance as information is validated throughout the year (for example vehicle miles traveled and special fuel consumption). As such, these are estimates and will likely change as new data become available in September of 2017 and the MCSAP formula calculations are updated accordingly. The list of factors used for the formula calculation of the Basic and Incentive components may be found at www.fmcsa.dot.gov/grants/mcsap-basic-incentive-grant/motor-carrier-safety-assistance-program-mcsap-basic-and-incentive.

Applicants will also be provided their individual estimated FY 2018 MCSAP award and Maintenance of Effort (MOE) amounts upon logging into the electronic Commercial Vehicle Safety Plan (eCVSP) application. These are the amounts on which to base the State plans. Final award amounts will be provided to the grantee within their Notice of Grant Award (NGA). Directions for accessing the eCVSP may be found in the appendices accompanying this Notice.

Applicants that do not wish to utilize the full amount of estimated funding their State is eligible to receive through MCSAP should ensure that their eCVSP accurately represents their planned activities and costs. Applicants should also clearly state within their eCVSP that they wish to implement a Plan utilizing less their total eligible award. Any MCSAP funds remaining after all applications have been reviewed and Plans approved by FMCSA will be made available for redistribution to eligible States as soon as possible.

Any border-eligible State, that chooses not to participate in border requirements, will forfeit current year funding designated for border activities.

Grantees should refer to the MCSAP Comprehensive Policy (MCP) for guidance on eligible activities and program policies including thresholds and other limitations on costs. A copy of the MCP may be found at: https://cms.fmcsa.dot.gov/mission/grants/motor-carrier-safety-assistance-program-grant-comprehensive-policy.

6) Other Submission Requirements If a State lead agency opts to not use the eCVSP, it must ensure the information it provides is consistent with 49 CFR § 350.213, and it must address the priorities listed in this NOFO; otherwise, submission is electronic as identified above.

A complete checklist of application requirements may be found in Appendix A. Please refer to Section A of this NOFO for information on MCSAP program elements and other important information relevant to application submission.

E. APPLICATION REVIEW INFORMATION

1) Criteria Applications for the MCSAP grant program are evaluated by a review of the Electronic Commercial Vehicle Safety Plan (eCVSP) as provided in 49 CFR 350.213:

The State's CVSP must reflect a performance-based program, and contain the following items:

(a) A general overview section that must include the following two items:

(1) A statement of the State agency goal or mission.

(2) A program summary of the effectiveness of the prior years' activities in reducing CMV accidents, injuries and fatalities, and improving driver and motor carrier safety performance. Data periods used must be consistent from year to year. This may be calendar year or fiscal year or any 12-month period of time for which the State's data is current. The summary must show trends supported by safety and program performance data collected over several years. It must identify safety or performance problems in the State and those problems must be addressed in the new or modified CVSP.

(b) A brief narrative describing how the State program addresses the national program elements listed in §350.109. The plan must address these elements even if there are no planned activities in a program area. The rationale for the resource allocation decision must be explained. The narrative section must include a description of how the State supports the activities identified in §350.201(q) and (t).

(1) Activities aimed at removing impaired CMV drivers from the highways through adequate enforcement of restrictions on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment.

(2) Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances.

(3) Criminal interdiction activities, including human trafficking, and appropriate strategies for carrying out those interdiction activities, including interdiction activities affecting the transportation of controlled substances by any occupant of a CMV.

(4) Activities to enforce registration requirements under 49 U.S.C. 13902 and 31134 and to cooperate in the enforcement of financial responsibility requirements under 49 U.S.C. 13906, 31138 and 31139 and 49 CFR part 387.

(c) A definitive problem statement for each objective, supported by data or other information. The CVSP must identify the source of the data, and who is responsible for its collection, maintenance, and analysis.

(d) Performance objectives, stated in quantifiable terms, to be achieved through the State plan. Objectives must include a measurable reduction in highway accidents or hazardous materials incidents involving CMVs. The objective may also include documented improvements in other program areas (e.g., legislative or regulatory authority, enforcement results, or resource allocations).

(e) Strategies to be employed to achieve performance objectives. Strategies may include education, enforcement, legislation, use of technology and improvements to safety infrastructure.

(f) Specific activities intended to achieve the stated strategies and objectives. Planned activities must be eligible under this program as defined in §§350.309 and 350.311.

(g) Specific quantifiable performance measures, as appropriate. These performance measures will be used to assist the State in monitoring the progress of its program and preparing an annual evaluation.

(h) A description of the State's method for ongoing monitoring of the progress of its plan. This should include who will conduct the monitoring, the frequency with which it will be carried out, and how and to whom reports will be made.

(i) An objective evaluation that discusses the progress towards individual objectives listed under the “Performance Objectives” section of the previous year's CVSP and identifies any safety or performance problems discovered. States will identify those problems as new objectives or make modifications to the existing objectives in the next CVSP.

(j) A budget which supports the CVSP, describing the expenditures for allocable costs such as personnel and related costs, equipment purchases, printing, information systems costs, and other eligible costs consistent with §§350.311 and 350.309.

(k) A budget summary form including planned expenditures for that fiscal year and projected number of activities in each national program element, except data collection.

(l) The results of the annual review to determine the compatibility of State laws and regulations with the FMCSRs and HMRs.

(m) A copy of any new law or regulation affecting CMV safety enforcement that was enacted by the State since the last CVSP was submitted.

(n) Executed State Certification as outlined in §350.211.

(o) List of MCSAP contacts.

(p) Annual Certification of Compatibility, §350.331.

(q) State Training Plan.

As stated within 49 U.S.C. 31102 §(c)(1), FMCSA has instituted Multi--Year CVSP functionality for States participating on a volunteer basis in FY 2018. Those States not participating in the Multi-Year CVSP program for FY 2018 will submit a “single-year” CVSP. Information on this process, a list of other enhancements to the eCVSP system, and eCVSP training dates may be found in Appendix C.

Because MCSAP 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 may, at the State’s request, provide technical assistance on proposed goals and activities prior to submission.

F. FEDERAL AWARD ADMINISTRATION INFORMATION

1) Federal Award Notices FMCSA will notify the State in writing not later than September 30, 2017 after review of the CVSP, or revised CVSP, whether the plan is approved or whether approval has been withheld. Approval may be withheld if the CVSP does not meet the regulatory requirements and/or is not adequate to ensure effective enforcement of State regulations, standards and orders that are compatible with the regulations, standards, and orders of the Federal Government on CMV and hazardous materials safety (i.e., Federal Motor Carrier Safety Regulations and Hazardous Material Regulations). If the CVSP is not approved, the State lead agency will have 30 days from the date of the notice to modify and resubmit the plan.

Awards will be made as soon as administratively practicable. The approval of the State Plan is not an authorization to begin performance (to the extent that it allows charging to Federal awards of pre-award costs at the non-Federal entity’s own risk). The Notice of Grant Award (referred to as the “NGA”) signed by the grants officer is the authorizing document and is issued as Federal funds are made available under the Secretary’s budget and appropriations.

In general, FMCSA may not award grants until the following actions are completed: enactment of authorizing legislation (budget authority), an annual appropriations act, apportionment of funds, FMCSA Administrator approval and approval by the Secretary of Transportation. FMCSA may, at its discretion, issue partial funding awards up to the certifying level authorized, provided that the above conditions are met. Funding amounts made available for reimbursement may be impacted by limitations placed on FMCSA’s authorizing legislation (budget authority) and the FY 2018 Appropriations Act.

FMCSA notifies grant recipients of approval by issuing a NGA to the recipient via GrantSolutions (www.grantsolutions.gov), FMCSA's grant management system. Attached to the NGA is the FMCSA Financial Assistance Agreement General Provisions and Assurances (grant terms and conditions). Before grant funds will be distributed, the State lead agency must agree to the terms and conditions, by accepting the award, prior to the close of the fiscal year in which the award is made.

All FMCSA grant programs are cost reimbursable and all recipients must submit vouchers for reimbursement on at least a quarterly basis as required by the FAST Act. 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 wet signed Request for Advance or Reimbursement (SF-270) and a detailed expenditures worksheet outlining how the funds were utilized. All costs must be in line with the approved budget, Office of Management and Budget 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.

2) Administrative and National Policy Requirements Title VI Assessments

There will be two required Title VI Program documents for FY 2018 including the FMCSA Title VI Program Assurance and the FMCSA Title VI Program Compliance Plan. These documents are located on Grants.gov in the “Full Announcement” tab. These forms are required and must be submitted by the State lead agency into Grants.gov.

The Title VI Program Assurance ensures that the State lead agency will comply with Title VI and related nondiscrimination authorities 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. The Title VI Program Compliance Plan, which will include the Chief Executive Officer (CEO) signed/dated Title VI Program Assurance, details procedurally how the State lead agency complies with the FMCSA Title VI Program requirements. Please note that the FMCSA Office of Civil Rights must approve the Title VI Program Compliance Plan prior to the State Grant Program applicant submitting the Grant Program application to FMCSA for consideration. The State Grant Program applicant will then upload into Grants.gov the approved Title VI Program Compliance Plan under the Title VI Assessments section of the application. Please note an approved Title VI plan is required before an award can be made.

3) Reporting The grant terms and conditions specify 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-425). For FY 2018 FMCSA grant awards, recipients must use GrantSolutions to submit the SF-425. The recipient is required to submit the quarterly SF-PPR via email to their respective Division Office 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.

Reimbursement requests (SF-270s) are also part of the reporting process, providing FMCSA another opportunity to determine the status of the project. Quarterly interim reports are due no later than 30 days after the end of each reporting period. Final reports are due no later than 90 days after the project or grant period end date.

Grantees are also required to report in accordance with 2 CFR §170.100 for information on subawards and executive total compensation, as required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of Public Law 110-252, hereafter referred to as “the Transparency Act”.

G. FEDERAL AWARDING AGENCY CONTACT(S)

The MCSAP grant program is managed by the FMCSA Associate Administrator for Enforcement. However, for more information related to this announcement or application submission, the State lead agency may contact the FMCSA Division Office in its State, https://www.fmcsa.dot.gov/mission/field-offices or Mr. Tom Liberatore, Chief, State Programs Division, 1200 New Jersey Avenue SE Washington, DC 20590 United States Phone: 800-832-5660 Thomas.Liberatore@dot.gov

H. OTHER INFORMATION

This NOFO includes several appendices which are designed to help applicants develop and ensure a complete application package is submitted. Appendices include:

· Appendix A— Application Package Checklist (Required Documents)

· Appendix B— Project and Budget Narrative Guidance and Evaluation Factors Appendix C— eCVSP update information and Pre-Application Webinars

Appendix A—Application Package Requirements

FY 2018 MCSAP NOFO Page 1 of 35 July 2017

Below are the documents necessary to be considered as being responsive to this announcement. Use of this appendix is encouraged to ensure your application is complete and proceeds forward for further review. The table below lists the document names, description, location, and submission information.

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.

Grants.gov

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.

Grants.gov