§ 350.301 What is the purpose of this subpart?
Wording effective July 24, 2020, superseded November 18, 2024.
(a)The Eachpurpose fiscal year, the State must maintain the average aggregate expenditure (level of effort)this ofsubpart theis Leadto Stateassist Agency,States exclusivereceiving ofMCSAP Federal funds andto Stateaddress matchingcompatibility funds,(as fordefined CMVin safety§ programs350.105), eligibleincluding for funding under this part at a level at least equal to the averageavailability level of thatvariances expenditureor forexemptions fiscalallowed yearsunder 2004§ and 2005350.305
(b)Inor determining§ a State's average level of effort350.307, FMCSA -to:
(1a) MayPromote allowadoption theand Stateenforcement toof excludecompatible Statelaws, expendituresregulations, forstandards, federally sponsored demonstration and pilotorders on CMV safety programs and strike forces.;
(2b) MayProvide allowfor thea Statecontinuous toreview excludeof expenditureslaws, forregulations, activitiesstandards, related to border enforcement and neworders entranton safetyCMV auditssafety;
(3c) ShallEstablish requiredeadlines thefor StateStates to excludeachieve Federal fundscompatibility; and
(4d) ShallProvide requireStates the State to exclude State matching funds.with
(c) The State must include costs associated activitiesa performedprocess during the base period by the Lead State Agency that receives funds under this part. It must include only those activities which meet the current requirements for fundingrequesting eligibilityvariances under the grant program.and
(d) States may use amounts generated under 49 U.S.C. 14504a as part of the State's maintenance of effort, provided the amounts are not applied to the match required under 49 CFR 350.303.
(e) Waivers Modificationsexemptions - Upon the request of a State, FMCSA may waive or modify the requirements of this section for aintrastate total of 1 fiscal year per request if FMCSA determines that the waiver or modification is reasonable, based on circumstances described by the Statecommerce.
[81 FR 71014, Oct. 14, 2016]
The purpose of this subpart is to assist States receiving MCSAP funds to address compatibility (as defined in § 350.105), including the availability of variances or exemptions allowed under § 350.305 or § 350.307, to:
(a) Promote adoption and enforcement of compatible laws, regulations, standards, and orders on CMV safety;
(b) Provide for a continuous review of laws, regulations, standards, and orders on CMV safety;
(c) Establish deadlines for States to achieve compatibility; and
(d) Provide States with a process for requesting variances and exemptions for intrastate commerce.
Amendment history
6 distinct wordings on file since Oct. 1, 2000- [81 FR 71014, Oct. 14, 2016]
- [65 FR 15102, Mar. 21, 2000, as amended at 72 FR 36770, July 5, 2007; 78 FR 60231, Oct. 1, 2013]
- [65 FR 15102, Mar. 21, 2000, as amended at 72 FR 36770, July 5, 2007]
- Oct. 1, 2000 → Oct. 1, 2007annual editions 2000–2006
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.