MCSAP Eligibility Recommendations_FINAL_2022.06.15.pdf

MCSAP ELIGIBILITY RECOMMENDATIONS - Update

Effective June 15, 2022

EXPENSE EXPLANATION/DETAILS

Speed Detection/Recording, other automated monitoring/safety enforcement devices – Yes, if specifically included in an approved project plan and budget

Recipient must clearly identify how the device(s) will be used and its intended objective relating to CMV safety enforcement.

Overtime – yes Cannot exceed 15% of total approved MCSAP project cost, including State match, without prior approval (for example, included in an accepted CVSP)

Size and Weight Enforcement – Yes, if accompanied by a North American Standard (NAS) CMV inspection.

Excluding fixed-weight facilities per USC31102(h)(1)(a).

Crash Investigation – Yes.

If specifically included in an approved project plan and budget. Investigation must be limited to fatal and serious injury crashes involving CMVs covered under the State’s or FMCSA’s definition of a commercial motor vehicle. Recipient must maintain other CMV safety efforts (inspections, investigations, safety audits, traffic enforcement, etc.) at an acceptable level as approved by FMCSA.

• Required training and certifications necessary to conduct crash investigations

• Training to determine compliance of a CMV with the FMCSRs

• Training on how to collect and process evidence at a crash investigation scene

• Training on how to analyze and determine the facts from evidence collected at a crash investigation

• Investigating officer/personnel must be NAS A/B certified.

Crash Reconstruction – Yes, if specifically included in an approved project plan and budget

Reconstruction must be limited to crashes involving CMVs covered under the State’s or FMCSA’s definition of a commercial motor vehicle. Recipient must maintain other CMV safety efforts (inspections, investigations, safety audits, traffic enforcement, etc.) at an acceptable level as approved by FMCSA.

• Reconstruction officer/personnel must include a NAS A/B certified officer as a part of the analysis.

• Requisite training for Reconstruction certification allowed.

K-9S for DIAP or Human Trafficking work – Yes

Only for 100% MCSAP employee, no prorating of time or expenses. Expenses include purchase, training, feeding, veterinary care and related costs for the health, wellbeing, and safety of the K-9.

HazMat placard readers at inspection facilities – Yes, if specifically included in an approved project plan and budget.

Only allowable if the technology is being used independent (i.e., not connected to) of an applicant’s CVIEW system and not coverable under an HP-ITD grant or State’s PP/TLD.

Technology Readers for enforcement (e.g., tire anomaly system) at inspection facilities and not connected to CVIEW– Yes, if specifically included in an approved project plan and budget

Only allowable if the technology is being used independently (i.e., not connected

to) of an applicant’s CVIEW system and not coverable under an HP-ITD grant or State’s PP/TLD.

CVIEW improvements (as O&M) - Yes ITD/PPTLD Updates – Yes, if specifically included in an approved project plan and budget

PPTLD updates are allowed as ITD O&M expenses under MCSAP. The development of a new PPTLD is NOT allowed as O&M, and as such not allowed under MCSAP.

Truck Wraps – Yes, if specifically included in an approved project plan and budget

Must be part of a coordinated outreach and education campaign, including outreach objectives and target audience(s)

Virtual Weigh Station (Operations and Maintenance) - Yes

O&M costs associated with virtual weigh stations are eligible under MCSAP.

Deployment of new technology, or enhancements to existing technology connected to a State’s CVIEW system and covered in their existing PP/TLD are not eligible under MCSAP

CMV Safety Office setup for Lead Agencies to facilitate subrecipients (locals, non-traditional partners) - Yes

Does not involve costs related to construction or other prohibited activities.

Non-CMV Traffic Enforcement – Yes, provided that the recipient meets eligibility requirements

MCSAP – Non-CMV traffic enforcement is eligible provided that CMV safety activity requirements outlined in 49 CFR 350.227(c) are met.

High Priority – Non-CMV traffic enforcement is allowed (as allowed per 49 CFR 350.415) provided it is included in an approved HP grant award project, is directly related to increasing CMV Safety (e.g., reducing CMV involved crashes) and meets documentation requirements relating to the number of non-CMV TE contacts and enforcement action taken as a result (citation, warning, etc.).

Local/Regional/National/Tribal CMV Crash Reduction Outreach Program - Yes

Household Good Carriers – Safety related investigation - Yes

Grant funding may be used for investigations of HHG carriers ONLY in circumstances where it is related to a HHG carrier’s safety rating, performance and/or risk. Grant funding cannot be used for HHG investigations relating solely to consumer protection related issues. If investigating both a CMV safety and consumer complaint concern, only costs associated with the CMV safety investigation are eligible.

Skills Performance Evaluation (SPE) program set up by States to conduct and issue Interstate/Intrastate SPEs

Eligibility expanded to include High Priority Grant

Electric Vehicle (EV) Charging stations – Yes when associated with an EV used for MCSAP/HP purposes.

Cost allocability (prorated) requirements remain in effect

Replacement batteries for electric vehicles.

Yes, when associated with an EV used for MCSAP/HP purposes.

Cost allocability (prorated) requirements remain in effect

Unmanned aerial vehicles (UAV’s) – “drones”

– Yes, if specifically included in an approved project plan and budget

Applicant must outline the intended CMV safety purpose of this expense

Drone operator training, certification and licensing as required – Yes if required for the operation of drones/UAV’s used in connection with CMV safety efforts.

Applicant must outline the intended CMV safety purpose of this expense

HM Inspections/Program - Yes MCSAP and HP funds may be used to establish, enhance and/or increase a State’s or Territory’s (including local and Tribal governments) HM inspection performance, investigations, and audits of new HM carriers. (Note: HM shipper only reviews are not eligible under MCSAP or HP).

Recruiting bonuses for civilian and/or sworn CMV enforcement and support personnel - Yes

Recipient must clearly outline the use of recruitment bonuses (amount, hiring objective, specific personnel to be recruited, etc.), must adhere to State’s/Agency’s processes and policies regarding the appropriate use of funds relating to position and vacancy recruitment, and must align with the requirements as outlined in 2 CFR 200.463.

Temporary Fabric Tents for Drive-Through CMV Inspections - Yes

Temporary structures to provide visibility and safety during the conduction of CMV safety inspections and other eligible safety activities. Note this DOES NOT include the construction of permanent or semi-permanent structures (e.g., steel/metallic pavilions).

Education and outreach to new entrant motor carriers in U.S. Territories – Yes, if specifically included in an approved project plan and budget. (Both HP and MCSAP) - Yes

Territories may use funds to conduct education and outreach relating to CMV operational and safety requirements to new motor carriers domiciled within the Territory’s boundaries.

Territory’s may not use grant funds to establish a New Entrant Safety Audit Program.

Inspections (conducted at the request of the Federal Government) - Yes

Such requests should be coordinated with FMCSA Division Office.

IT Application Development (not related to CVIEW or e-Screening devices/projects) - Yes

Yes, with conditions already established in the MCP and benefiting CMV - safety enforcement and/or CMV Crash Reduction.

Portable Scales - Yes As already included in the MCP, reference 49 CFR 350.207(a)(21)

Scanners (portable document)- Yes Eligible under MCSAP and HP. Applicant should briefly explain the reason for the purchase.

Travel Expenses as part of an approved travel component of the project plan and consistent with State travel policies (or the Federal Travel Regulations if no State policy exists).

Examples of expenses include airfare on US flag carrier, baggage fees, fixed per diem

As noted, State to use their travel policy first, and only follow Federal travel policy if no state policy exists amounts, lodging, meals, parking, public transportation, rental car, taxi, tips, etc.

Professional Liability Insurance - Yes NORPASS - NO No Facility Improvement Costs (e.g., inspection pit covers, lighting to allow night inspections, etc.). – Yes

This does not include the construction of new, permanent structures or improvements to existing structures that add permanent value or appreciably prolong their intended life.

Inspection pit covers are defined as metal (or other appropriate material) grates designed to fit directly over the pit area. It does not include structures (such as pavilions/awnings, etc.) as described in other sections of the MCP.

Geiger Counters, expenses limited to requirements of 385.415(b). Must be purchased in support of the State’s Level VI Inspection program and is not readily available through another federal grant program. - Yes

Expense is limited to the requirements in 385.415(b).

The following conditions apply to all eligible expenses identified in the cost eligibility table:

1. Eligibility of all costs is dependent upon the cost being included in an approved project plan.

2. All costs must be in compliance with 2 CFR part 200 subject to any limitations reflected by law or regulation. Grantees must prorate costs appropriately based upon percentage of time dedicated to the grant program.

3. If costs are included in an agency’s Statewide Cost Allocation Plan (SWCAP) or approved Indirect Cost Rate Agreement, they may not be claimed as a direct cost to the grant program.

4. Negotiated or Collective Labor Agreements may impact cost eligibility determinations in relationship to specific expenses (for example, overtime calculations).

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