§ 350.215 MCSAP administration: Response to CVSP.
Current wording, effective November 18, 2024.
(a) IfFirst ayear of the CVSP. (1) FMCSA will notify the Lead State isAgency within 30 days after FMCSA begins its review of the State's first year of the CVSP, including the budget, whether FMCSA:
(i) Approves the CVSP; or
(ii) Withholds approval because the CVSP:
(A) Does not performingmeet accordingthe torequirements anof approvedthis planpart; or
(B) Is not adequatelyadequate meetingto conditionsensure seteffective forthenforcement of compatible (as defined in § 350.201105 of this part) laws, theregulations, Administratorstandards, mayand issueorders aon writtenCMV noticesafety.
(2) ofIf proposedFMCSA determinationwithholds approval of nonconformitythe toCVSP, theFMCSA Governorwill ofgive the Lead State orAgency thea officialwritten designatedexplanation inof the plan.reasons Thefor noticewithholding willapproval setand forthallow the reasonsLead forState Agency to modify and resubmit the proposedCVSP determinationfor approval.
(b3) The Lead State Agency will have 30 days from the date of the notice tounder reply.paragraph The(a)(2) replyof mustthis addresssection theto deficienciesmodify orand incompatibilityresubmit citedthe inCVSP.
(4) Failure to resubmit the noticemodified andCVSP providemay documentationdelay asfunding necessaryor jeopardize MCSAP eligibility.
(c5) AfterFinal consideringdisapproval theof State'sa reply,resubmitted theCVSP Administrator will makeresult ain finaldisqualification decisionfor MCSAP funding for that fiscal year.
(db) InAnnual update for the eventsecond or third year of the StateCVSP. fails(1) timelyFMCSA towill replynotify tothe aLead noticeState ofAgency proposedwithin determination30 ofdays nonconformity,after theFMCSA noticebegins becomesits review of the AdministratorState's finalannual determinationupdate, ofincluding nonconformity.the budget, whether FMCSA:
(ei) AnyApproves adversethe decisionannual willupdate; result in FMCSA -or
(1ii) WithdrawingWithholds approval ofbecause the Planannual andupdate:
(A) withholdingDoes allnot MCSAPmeet fundingthe requirements of this part; or
(2B) FindingIs thenot Stateadequate into noncomplianceensure effective enforcement of compatible laws, regulations, standards, and withholdingorders -on CMV safety.
(i2) UpIf toFMCSA 5withholds percentapproval of MCSAPthe fundsannual duringupdate, FMCSA will give the fiscalLead yearState thatAgency a written explanation of the FMCSAreasons notifiesfor withholding approval and allow the Lead State ofAgency itsto noncompliance;modify and resubmit the annual update for approval.
(ii3) UpThe toLead 10State percentAgency ofwill MCSAPhave funds30 fordays from the firstdate fullof fiscalthe yearnotice ofunder noncompliance;paragraph (iiib)(2) Upof this section to 25modify percentand ofresubmit MCSAPthe fundsannual forupdate.
(4) Failure to resubmit the secondmodified fullannual fiscalupdate yearmay ofdelay noncompliance;funding andor jeopardize MCSAP eligibility.
(iv5) NotFinal moredisapproval thanof 50a percentresubmitted ofannual MCSAPupdate fundswill forresult thein thirddisqualification andfor anyMCSAP subsequentfunding fullfor that fiscal year of noncompliance.
(fc) Judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7.
[65 FR 15102, Mar. 21, 2000, as amended at 81 FR 81 FR 71014, Oct. 14, 2016]
(a) First year of the CVSP. (1) FMCSA will notify the Lead State Agency within 30 days after FMCSA begins its review of the State's first year of the CVSP, including the budget, whether FMCSA:
(i) Approves the CVSP; or
(ii) Withholds approval because the CVSP:
(A) Does not meet the requirements of this part; or
(B) Is not adequate to ensure effective enforcement of compatible (as defined in § 350.105 of this part) laws, regulations, standards, and orders on CMV safety.
(2) If FMCSA withholds approval of the CVSP, FMCSA will give the Lead State Agency a written explanation of the reasons for withholding approval and allow the Lead State Agency to modify and resubmit the CVSP for approval.
(3) The Lead State Agency will have 30 days from the date of the notice under paragraph (a)(2) of this section to modify and resubmit the CVSP.
(4) Failure to resubmit the modified CVSP may delay funding or jeopardize MCSAP eligibility.
(5) Final disapproval of a resubmitted CVSP will result in disqualification for MCSAP funding for that fiscal year.
(b) Annual update for the second or third year of the CVSP. (1) FMCSA will notify the Lead State Agency within 30 days after FMCSA begins its review of the State's annual update, including the budget, whether FMCSA:
(i) Approves the annual update; or
(ii) Withholds approval because the annual update:
(A) Does not meet the requirements of this part; or
(B) Is not adequate to ensure effective enforcement of compatible laws, regulations, standards, and orders on CMV safety.
(2) If FMCSA withholds approval of the annual update, FMCSA will give the Lead State Agency a written explanation of the reasons for withholding approval and allow the Lead State Agency to modify and resubmit the annual update for approval.
(3) The Lead State Agency will have 30 days from the date of the notice under paragraph (b)(2) of this section to modify and resubmit the annual update.
(4) Failure to resubmit the modified annual update may delay funding or jeopardize MCSAP eligibility.
(5) Final disapproval of a resubmitted annual update will result in disqualification for MCSAP funding for that fiscal year.
(c) Judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7.
Amendment history
5 distinct wordings on file since Oct. 1, 2000- [65 FR 15102, Mar. 21, 2000, as amended at 81 FR 81 FR 71014, Oct. 14, 2016]
- [65 FR 15102, Mar. 21, 2000, as amended at 81 FR 81 FR 71014, Oct. 14, 2016
- Oct. 1, 2000 → Jan. 1, 2017annual editions 2000–2016
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.