[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR350.309]

[Page 26-27]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table of 
Contents
 
                            Subpart C_Funding
 
Sec.  350.309  What activities are eligible for reimbursement under the 
MCSAP?

    The primary activities eligible for reimbursement are:
    (a) The five national program elements listed in Sec.  350.109 of 
this part.
    (b) Sanitary food transportation inspections performed under 49 
U.S.C. 5708.
    (c) The following two activities, when accompanied by an appropriate 
North American Standard Inspection and inspection report:
    (1) Enforcement of CMV size and weight limitations at locations 
other than fixed weight facilities; at specific locations such as steep 
grades or mountainous terrains where the weight of a CMV can 
significantly affect the safe operation of the vehicle; or at ports

[[Page 27]]

where intermodal shipping containers enter and leave the United States.
    (2) Detection of the unlawful presence of a controlled substance in 
a CMV or on the person of any occupant (including the operator) of the 
vehicle.
    (d) Documented enforcement of State traffic laws and regulations 
designed to promote the safe operation of CMVs, including documented 
enforcement of such laws and regulations relating to non-CMVs when 
necessary to promote the safe operation of CMVs, if the number of motor 
carrier safety activities (including roadside safety inspections) 
conducted in the State is maintained at a level at least equal to the 
average level of such activities conducted in the State in fiscal years 
2003, 2004, and 2005. The State may not use more than 5 percent of its 
MCSAP Basic Program funds for enforcement activities relating to non-
CMVs unless the Administrator determines that a higher percentage will 
result in significant increases in CMV safety.

[65 FR 15102, Mar. 21, 2000, as amended at 72 FR 36770, July 5, 2007]