[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR350.327]

[Page 757-758]
 
                        TITLE 49--TRANSPORTATION
 
        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
                      DEPARTMENT OF TRANSPORTATION
 
PART 350--COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table of Contents
 
                           Subpart C--Funding
 
Sec. 350.327  How may States qualify for Incentive Funds?

    (a) A State may qualify for Incentive Funds if it can demonstrate 
that its CMV safety program has shown improvement in any or all of the 
following five categories:
    (1) Reduction of large truck-involved fatal accidents.
    (2) Reduction of large truck-involved fatal accident rate or 
maintenance of a large truck-involved fatal accident rate that is among 
the lowest 10 percent of such rates of MCSAP recipients.
    (3) Upload of CMV accident reports in accordance with current FMCSA 
policy guidelines.
    (4) Verification of CDLs during all roadside inspections.
    (5) Upload of CMV inspection data in accordance with current FMCSA 
policy guidelines.
    (b) Incentive Funds will be distributed based upon the five 
following safety and program performance factors:
    (1) Five shares will be awarded to States that reduce the number of 
large truck-involved fatal accidents for the most recent calendar year 
for which data are available when compared to the 10-year average number 
of large truck-involved fatal accidents ending with the preceding year. 
The 10-year average will be computed from the number of large truck-
involved fatal crashes, as reported by the FARS, administered by the 
National Highway Traffic Safety Administration (NHTSA).
    (2) Four shares will be awarded to States that reduce the fatal-
accident rate for the most recent calendar year for which data are 
available when compared to each State's average fatal accident rate for 
the preceding 10-year period. States with the lowest 10 percent of 
accident rates in the most recent calendar year for which data are 
available will be awarded three shares if the rate for the State is the 
same as its average accident rate for the preceding 10-year period.
    (3) Two shares will be awarded to States that upload CMV accident 
data within FMCSA policy guidelines.
    (4) Two shares will be awarded to States that certify their MCSAP 
inspection agencies have departmental policies that stipulate CDLs are 
verified, as part of the inspection process, through Commercial Driver's 
License Information System (CDLIS), National Law Enforcement Tracking 
System (NLETS), or the State licensing authority.
    (5) Two shares will be awarded to States that upload CMV inspection 
reports within current FMCSA policy guidelines.
    (c) The total of all States' shares awarded will be divided into the 
dollar amount of Incentive Funds available, thereby establishing the 
value of one share. Each State's incentive allocation will then be 
determined by multiplying the State's percentage participation in the 
formula allocation of Basic Program Funds, by the number of shares it 
received that year, multiplied by the dollar value of one share.
    (d) States may use Incentive Funds for any eligible CMV safety 
purpose.

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    (e) Incentive Funds are subject to the same State matching 
requirements as Basic Program Funds.
    (f) A State must annually certify compliance with the applicable 
incentive criteria to receive Incentive Funds. A State must submit the 
required certification as part of its CVSP or as a separate document.