[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR198.13]

[Page 211-212]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 198_REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY PROGRAMS
--Table of Contents
 
                       Subpart B_Grant Allocation
 
Sec. 198.13  Grant allocation formula.

    (a) Beginning in calendar year 1993, the Administrator places 
increasing emphasis on program performance in allocating state agency 
funds under

[[Page 212]]

Sec. 198.11. The maximum percent of each state agency allocation that 
is based on performance follows: 1993--75 percent; 1994 and subsequent 
years--100 percent.
    (b) A state's annual grant allocation is based on maximum of 100 
performance points derived as follows:
    (1) Fifty points based on information provided in the state's annual 
certification/agreement attachments which document its activities for 
the past year; and
    (2) Fifty points based on the annual state program evaluation.
    (c) The Administrator assigns weights to various performance factors 
reflecting program compliance, safety priorities, and national concerns 
identified by the Administrator and communicated to each State agency. 
At a minimum, the Administrator considers the following performance 
factors in allocating funds:
    (1) Adequacy of state operating practices;
    (2) Quality of state inspections, investigations, and enforcement/
compliance actions;
    (3) Adequacy of state recordkeeping;
    (4) Extent of state safety regulatory jurisdiction over pipeline 
facilities;
    (5) Qualifications of state inspectors;
    (6) Number of state inspection person-days;
    (7) State adoption of applicable federal pipeline safety standards; 
and
    (8) Any other factor the Administrator deems necessary to measure 
performance.
    (d) Notwithstanding these performance factors, the Administrator 
may, in 1993 and subsequent years, continue funding any state at the 
1991 level, provided its request is at the 1991 level or higher and 
appropriated funds are at the 1991 level or higher.
    (e) The Administrator notifies each state agency in writing of the 
specific performance factors to be used and the weights to be assigned 
to each factor at least 9 months prior to allocating funds. Prior to 
notification, RSPA seeks state agency comments on any proposed changes 
to the allocation formula.
    (f) Grants are limited to the appropriated funds available. If total 
state agency requests for grants exceed the funds available, the 
Administrator prorates each state agency's allocation.