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Historical textIn force on Oct. 1, 2007Source: annual CFR editions 2007–2016

§ 384.401 Withholding of funds based on noncompliance.

Wording in the annual edition revised as of Oct. 1, 2007, superseded January 1, 2017.

govinfo, 2007 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2007 edition's wording. An amendment that took effect between Oct. 1, 2007 and Oct. 1, 2007 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2002 wording → Oct. 1, 2007 wording+16 added−169 removedHide

(a) Following the first year of noncompliance. A State is subject to both of the following sanctions:
(1) An amount equalup to five5 percent of the Federal-aid highway funds required to be apportioned to any State under each of sections 104(b)(1), (b)(3), and (b)(4) of title 23, U.S.C., shall be withheld from a State on the first day of the fiscal year following such State's first year of noncompliance under this part.
(2) The Motor Carrier Safety Assistance Program (MCSAP) grant funds authorized under section 103(b)(1) of the Motor Carrier Safety Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1754) shall be withheld from a State on the first day of the fiscal year following the fiscal year in which the FMCSA determined that the State was not in substantial compliance with subpart B of this part.
(b) Following second and subsequent year(s) of noncompliance. A State is subject to both of the following sanctions:
(1) An amount equalup to ten10 percent of the Federal-aid highway funds required to be apportioned to any State under each of sections 104(b)(1), (b)(3), and (b)(4) of title 23, U.S.C., shall be withheld from a State on the first day of the fiscal year following such State's second or subsequent year(s) of noncompliance under this part.
(2) The Motor Carrier Safety Assistance Program (MCSAP) grant funds authorized under section 103(b)(1) of the Motor Carrier Safety Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1753) shall be withheld from a State on the first day of the fiscal year following the fiscal year in which the FMCSA determined that the State had not returned to substantial compliance with subpart B of this part.
[6772 FR 4976336788, July 315, 20022007]

49 CFR § 384.401 — Withholding of funds based on noncompliance.. Text in force on October 1, 2007. This wording effective October 1, 2007 to January 1, 2017. Source: govinfo, 2007 edition, https://www.govinfo.gov/app/details/CFR-2007-title49-vol5/CFR-2007-title49-vol5-sec384-401. Retrieved from FMCSR.com, https://fmcsr.com/reg/384.401?asof=2007-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Following the first year of noncompliance. An amount up to 5 percent of the Federal-aid highway funds required to be apportioned to any State under each of sections 104(b)(1), (b)(3), and (b)(4) of title 23 U.S.C. shall be withheld from a State on the first day of the fiscal year following such State's first year of noncompliance under this part.

(b) Following second and subsequent year(s) of noncompliance. An amount up to 10 percent of the Federal-aid highway funds required to be apportioned to any State under each of sections 104(b)(1), (b)(3), and (b)(4) of title 23 U.S.C. shall be withheld from a State on the first day of the fiscal year following such State's second or subsequent year(s) of noncompliance under this part.

[72 FR 36788, July 5, 2007]

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. July 7, 2021 → presenteCFR, day-precisediff vs. previous
    [86 FR 35642, July 7, 2021]
  2. Jan. 1, 2017 → July 7, 2021eCFR, day-precisediff vs. previous
    [81 FR 68347, Oct. 4, 2016]
  3. Oct. 1, 2007 → Jan. 1, 2017annual editions 2007–2016diff vs. previousviewing
    [72 FR 36788, July 5, 2007]
  4. Oct. 1, 2002 → Oct. 1, 2007annual editions 2002–2006diff vs. previous
    [67 FR 49763, July 31, 2002]
  5. Oct. 1, 1996 → Oct. 1, 2002annual editions 1996–2001

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.