[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Pages 15787-15791]
[FR Doc No: 2014-06166]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0304]

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

AGENCY: FMCSA, DOT.

ACTION: Notice; request for comments.

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

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

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

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

FOR FURTHER INFORMATION CONTACT: Julie Otto, Grants Management Office,
Office of the Chief Financial Officer, U.S. Department of
Transportation, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue
SE., Washington DC 20590. Telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: Information collected from the following FMCSA grant
programs provides program and financial data supporting numerous
efforts targeting FMCSA's primary mission to reduce crashes, injuries,
and fatalities involving commercial vehicles:
    MCSAP Basic/Incentive (MCG) Grant Program: The MCSAP grant program
is authorized by Sections 401 through 404 of the Surface Transportation
Assistance Act of 1982 (STAA) (Pub. L. 97-424) which established a
program of financial assistance to the States to implement programs to
enforce: (a) Federal rules, regulations, standards, and orders
applicable to commercial motor vehicle (CMV) safety; and (b) compatible
State rules, regulations, standards and orders. This grant-in-aid
program is known as the MCSAP Basic and Incentive grant program.
Section 402(c) of the STAA requires that the Secretary of
Transportation (Secretary), on the basis of reports submitted by the
States and the Secretary's own inspections, make a continuing
evaluation of the manner in which each State is carrying out its
approved safety enforcement plan.
    The Transportation Equity Act for the 21st Century (TEA-21), Public
Law 105-178, 112 Stat. 107 (June 9, 1998) further revised MCSAP to
broaden its purpose beyond enforcement activities and programs by
requiring participating States to assume greater responsibility for
improving motor carrier safety. TEA-21 required States to develop
performance-based plans reflecting national priorities and performance
goals, revised the MCSAP funding distribution formula, and created a
new incentive funding program. As a result, States are given greater
flexibility in designing programs to address national and State goals
of reducing the number and severity of CMV crashes.
    Section 4106 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law
109-59, 119 Stat.1144 (August 10, 2005) amended 49 U.S.C. 31102(b)(1)
to modify and augment the conditions a State must meet to qualify for
basic program funds under the MCSAP. The statute requires a State to
document in the State Commercial Vehicle Safety Plan (CVSP) its
commitment to meet the following additional conditions:
     Deploy technology to enhance the efficiency and
effectiveness of CMV safety programs;
     Include, in both the training manual for the licensing
examination to drive, a non-CMV and the training manual for the
licensing examination to drive a CMV, information on best practices for
driving safely in the vicinity of noncommercial motor vehicles (non-
CMVs) and CMVs;
     Conduct comprehensive and highly visible traffic
enforcement and CMV safety inspection programs in high-risk locations
and corridors; and
     Except in the case of an imminent or obvious safety
hazard, ensure that an inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted at a station, terminal,
border crossing, maintenance facility, destination, or other location
where a motor carrier may make a planned stop.
    Additionally, section 4106 of SAFETEA-LU amended 49 U.S.C. 31102(c)
to provide that a State may use a portion of MCSAP grant funds to
conduct documented enforcement of State traffic laws--both laws and
regulations designed to promote the safe operation of CMVs and laws and
regulations relating to non-CMVs, when necessary to promote the safe
operation of CMVs. Previously, non-CMV traffic enforcement was not an
eligible MCSAP activity for reimbursement so the States did not capture
activity levels for this type of enforcement. The number of non-CMV
enforcement activities conducted by the States has been relatively
minimal since SAFETEA-LU limits the amount of MCSAP grant funding that
can be used for non-CMV traffic enforcement activities to no more than
five percent of the basic grant amount the State receives annually. The
Moving Ahead for Progress in the 21st Century Act (MAP-21) Public Law
112-141, 126 Stat. 405, 805-808 (July 6, 2012), did not make any
further modifications to the traffic enforcement activities previously
authorized under SAFETEA-LU.
    Section 32601 of MAP-21, amended 49 U.S.C. 31102(b) to modify and
augment the conditions a State must meet to qualify for basic program
funds under the MCSAP. The statute requires a State to document in its
CVSP the

commitment to meet the following additional conditions:
     Ensure that the State will transmit to its roadside
inspectors the notice of each Federal exemption granted pursuant to
section 31315(b) and provided to the State by the Secretary, including
the name of the person granted the exemption and any terms and
conditions that apply to the exemption;
     The plan submitted by the State shall provide that the
total expenditure of amounts of the lead State agency responsible for
implementing the plan will be maintained at a level at least equal to
the average level of that expenditure for fiscal years 2004 and 2005.
    This information collection supports the DOT Strategic Goal of
Safety (i.e., reducing CMV-related fatalities and injuries) by
providing data to support State CMV enforcement efforts.
    In order for FMCSA to evaluate program effectiveness, it is
necessary for the State to provide and maintain information concerning
past, present and future program activity. The final rule that revised
part 350 to implement the changes to the MCSAP made by SAFETEA-LU was
published in the Federal Register on July 5, 2007 (72 FR 36769). Each
State's CVSP must contain the information required by 49 CFR 350.201,
350.211 and 350.213. This information is necessary to enable the FMCSA
to determine whether a State meets the statutory and administrative
criteria to be eligible for a grant. It is necessary that a State's
work activities and accomplishments be reported so that FMCSA can
monitor and evaluate a State's progress under its approved plan and
make the determinations and decisions required by 49 CFR 350.205 and
350.207.
    The FMCSA uses the information in the CVSP to determine whether a
State has the necessary resources and authority to undertake the
program intended by Congress. After a grant has been awarded to a
State, a continuing evaluation of the State's activities is performed
to determine whether continued funding is appropriate and if revisions
in the State's CVSP should be made. Quarterly reports are submitted by
the States using Standard Forms Federal Financial Report (SF-FFR) and
Performance Progress Report (SF-PPR) which includes an addendum to
provide the minimum necessary information to assist in appropriate
monitoring of a State's performance, compared to its CVSP, and to
permit FMCSA to determine whether the effort of a State is cost
efficient and whether Federal assistance should be continued. In
addition, inspection data, non-inspection traffic enforcement data,
crash reports, and other reports are submitted electronically by the
State agency to FMCSA.
    MCSAP High Priority (MHP) Grant Program: The MCSAP HP grant program
is authorized by SAFETEA-LU, Public Law 109-59, Sec.  4107(a), 119
Stat. 1144, 1719-20 (2005), as amended by SAFETEA-LU Technical
Corrections Act of 2008, Public Law 110-244, Sec.  4301(a), Sec.  4107,
122 Stat. 1572, 1616 (2008), as amended by MAP-21, Public Law 112-141,
Sec. Sec.  32603(a), 32603(d), 126 Stat. 405, 807, 808 (2012).
    The FMCSA may award these grants to States, local governments, and
other organizations that use or train qualified officers and employees
in coordination with State safety agencies in accordance with the
provisions of 49 CFR 350.201, 350.309, and 350.319. Recipients may use
these funds for MCSAP-eligible expenses, including personnel,
equipment, training, travel, information technology solutions, indirect
costs, and administrative expenses. The FMCSA may reimburse 100 percent
of approved eligible costs for public education and outreach activities
and 80 percent for all other activities under a High Priority grant
award.
    MCSAP New Entrant Safety Assurance (MNE) Grant Program: The MCSAP
NE grant program is authorized by SAFETEA-LU, Public Law 109-59, Sec.
4107(b), 119 Stat. 1144, 1720 (2005), amended by SAFETEA-LU Technical
Corrections Act of 2008, Public Law 110-244, Sec.  301(b), 122 Stat.
1572, 1616 (2008), as amended by MAP-21, Public Law 112-141, Sec.
32603(e), 126 Stat. 405, 807, 808 (2012). This section also establishes
new timeframes for the completion of New Entrant Safety Audits.
    State agencies use NE grant funds for MCSAP-eligible expenses,
including salaries and related expenses of employees performing
interstate NE safety audits, training, and performing other eligible
activities that are directly related to conducting safety audits. The
FMCSA may reimburse up to 100 percent of eligible costs in an approved
budget and project plan.
    MCSAP Border Enforcement (BEG) Grant Program: The BEG program is
authorized by SAFETEA-LU, Public Law 109-59, Sec. Sec.  4101(c)(2),
4110 (2005), as amended by MAP-21, Public Law 112-141, Sec. Sec.
32603(c) & (h) (2012). Section 32603(h) removed 49 U.S.C. 31107(b)
which required that States agree that the total expenditure of amounts
of the State and political subdivisions of the State, exclusive of
amounts from the United States, for carrying out border CMV safety
programs and related enforcement activities will be maintained at least
equal to the average level of that expenditure for the last 2 fiscal
years of the State or Federal Government ending before October 1, 2005,
as designated by the State. The authorizing statute also provides that
the Secretary shall reimburse a State under a grant agreement pursuant
to this section in an amount not more than 100 percent of the costs
incurred by the State in a fiscal year for carrying out border CMV
safety programs and related enforcement activities and projects.
    Commercial Driver's License Program Implementation (CDLPI) Grant
Program: The CDLPI grant program authorized by Section 32604 of MAP-21,
amended 49 U.S.C. 31313(a), provides general authority to the Secretary
to make a grant to a State for its Commercial Driver's License Program
Implementation (CDLPI) in a fiscal year. This enables the State to
comply with program requirements and to improve CDLPI. A grant may be
made to a State to:
     Comply with the requirements of 49 U.S.C. 31311;
     In the case of a State that is making a good faith effort
toward substantial compliance with the program requirements and section
31311, to improve its implementation of its CDL program, including
expenses for computer hardware and software; publications, testing,
personnel, training, and quality control; for CDL program coordinators;
to implement or maintain a system to notify an employer of an operator
of a CMV of the suspension or revocation of the operator's CDL
consistent with standards developed under section 32303(b) of the
Commercial Motor Vehicle Safety Enhancement Act of 2012.
    Commercial Driver License Information System (CDLIS) Modernization
Grant Program: The CDLIS Modernization grant program is authorized by
Section 4123 of SAFETEA-LU, which amended title 49 U.S.C., 31309 to
provide general authority to the Secretary to make a grant to a State
in a fiscal year to modernize the CDLIS components of the State
licensing system. MAP-21 did not reauthorize new funding for this grant
program but past grants awarded to States remain open and previously
awarded funds may continue to be used toward CDLIS modernization
efforts in States that received these grants.
    Performance and Registration Information System Management (PRISM)
Grant Program: The PRISM

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

Justification for Request

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

Automated Information Collection

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

grant categories (discretionary, formula, block, and entitlement). The
FMCSA began utilizing GS for all of its grant programs in fiscal year
FY 2011 and has awarded grants through the system since that time. All
applicants who apply for FMCSA grants must submit their applications
electronically through Grants.gov which are then transmitted to GS. All
FMCSA grant awards made prior to FY 2011 were completed using a legacy
paper-based process.
    Title: Motor Carrier Safety Grants Programs (formerly Motor Carrier
Safety Assistance Program (MCSAP)).
    OMB Control Number: 2126-0010.
    Type of Request: Reinstatement of an information collection
request.
    Respondents: FMCSA Grant Recipients.
    Estimated Number of Respondents: 4,436.
    Estimated Time per Response: Grant application preparation: 80
hours each; quarterly report preparation: 8 hours each; and inspection
and data upload: 1 minute each.
    Expiration Date: February 28, 2014.
    Frequency of Response: Grant application: 1 annually; quarterly
reports: 8 annually; and inspection and data upload: about 3.4 million
annually.
    Estimated Total Annual Burden: 15,804 hours. The methods used to
calculate the hours necessary to prepare grant applications, upload
data, and prepare quarterly reports are based on interviews with the
State and Federal personnel charged with those responsibilities. The
information required to prepare the applications for grants and the
subsequent reports is based on general information ordinarily
maintained by the States in the general course of business, and only
simple computations are required to determine burden hours. The grant
applications and reports are submitted by the 50 States, four
Territories, Puerto Rico, and the District of Columbia. Each entity
submits one grant request per year and four quarterly reports. About
3.4 million inspection reports are uploaded each year.
    The figures reflect only 20 percent of the total estimated hours to
perform the activities, since MCSAP reimburses 80 percent of the
eligible costs incurred in the administration of an approved plan as
set forth in 49 CFR 350.303, 350.309 and 350.311. Labor hours are
estimated and an average hourly rate for professional personnel is
applied. The four territories of American Samoa, Guam, U.S. Virgin
Islands and the Commonwealth of the Northern Mariana Islands are funded
at 100 percent; therefore they are not included in the computation of
burden.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for the FMCSA to enhance
the quality, usefulness, and clarity of the collected information; and
(4) ways that the burden could be minimized without reducing the
quality of the collected information. The agency will summarize or
include your comments in the request for OMB's clearance of this
information collection.

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