---
kind: "section"
citation: "49 C.F.R. § 350.225"
title: "49"
number: "350.225"
heading: "MCSAP administration: Maintenance of effort to qualify for funds."
url: "https://uscodex.org/cfr/49/350.225"
---

# §350.225. MCSAP administration: Maintenance of effort to qualify for funds.

- (a) **General.** Subject to [paragraph (e)](#e) of this section, a State must maintain an MOE each fiscal year for CMV safety programs eligible for funding under this part at a level at least equal to:
  - (1) The average level of that expenditure for the base period of fiscal years 2004 and 2005; or
  - (2) The level of expenditure in fiscal year 2021, as adjusted under [section 5107](/cfr/49/5107.md) of the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94, 129 Stat. 1312, 1532-34 (2015)).
- (b) **Calculation.** In determining a State's MOE, FMCSA:
  - (1) May allow the State to exclude State expenditures for Federally-sponsored demonstration and pilot CMV safety programs and strike forces;
  - (2) May allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits;
  - (3) May allow the State to use amounts generated under the Unified Carrier Registration Agreement, provided the amounts are not applied to the match required under [§ 350.223](/cfr/49/350.223.md);
  - (4) Requires the State to exclude Federal funds; and
  - (5) Requires the State to exclude State matching funds required under [§ 350.223](/cfr/49/350.223.md).
- (c) **Costs.**
  - (1) In calculating the MOE under [paragraph (b)](#b) of this section, a State must include all eligible costs associated with activities performed during the base period by the Lead State Agency that receives funds under this part.
  - (2) In its annual MOE, a State must include only those activities that meet the current requirements for funding eligibility under MCSAP.
- (d) **Waivers and modifications.**
  - (1) If a State requests, FMCSA may waive or modify the State's obligation to meet its MOE for a fiscal year if FMCSA determines that the waiver or modification is reasonable, based on circumstances described by the State.
  - (2) Requests to waive or modify the State's obligation to meet its MOE must be submitted to FMCSA in writing.
  - (3) FMCSA will review the request and provide a response as soon as practicable, but no later than 120 days following receipt of the request.
- (e) **Permanent adjustment.** After Federal fiscal year 2021, at the request of a State, FMCSA may make a permanent adjustment to reduce the State's MOE only if a State has new information unavailable to it during Federal fiscal year 2021.

## 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.