(a)A State shall be determined not substantially in compliance with 49 U.S.C. 31311(a) for any fiscal year in which it:
(1)Fails to submit the certification as prescribed in this subpart; or
(2)Does not meet one or more of the standards of subpart B of this part, as established in a final determination by the FMCSA under § 384.307(d).
(b)A State shall be in substantial compliance with 49 U.S.C. 31311(a) for any fiscal year in which neither of the eventualities in paragraph (a) of this section occurs.