---
kind: "section"
citation: "49 C.F.R. § 350.215"
title: "49"
number: "350.215"
heading: "MCSAP administration: Response to CVSP."
url: "https://uscodex.org/cfr/49/350.215"
---

# §350.215. MCSAP administration: Response to CVSP.

- (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](/cfr/49/350.105.md) 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)](#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)](#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.

## Notes

### Authority

Authority: 49 U.S.C. 504, 13902, 31101, 31102, 31104, 31106, 31108, 31136, 31141, 31161, 31310, 31311, 31502; secs. 5106 and 5107, Pub. L. 114-94, 129 Stat. 1312, 1530; and 49 CFR 1.87.

### Source

Source: 85 FR 37796, June 24, 2020, unless otherwise noted.