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Current textSource: eCFR

§ 384.401 Withholding of funds based on noncompliance.

Current wording, effective July 7, 2021.

eCFR (current) ↗
What changedOct. 1, 2002 wording → July 7, 2021 wording (current)+31 added−193 removedHide

(a) Following the first year of noncompliance. A State is subject to both of the following sanctions:
(1) An amount equalup to five4 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 on the first day of the fiscal year following such State's first year of noncompliance under this part.
104(2) The Motor Carrier Safety Assistance Program (MCSAP) grant funds authorized under section 103(b)(1) ofand the Motor Carrier Safety Improvement Act of 1999 (Public Law 106-159, 113 Stat. 17542) shall be withheld from a State on the first day of the fiscal year following thesuch fiscal year in which the FMCSA determined that the State's wasfirst notyear inof substantialnoncompliance complianceunder 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 ten8 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 on the first day of the fiscal year following such State's second or subsequent year of noncompliance under this part.
104(2) The Motor Carrier Safety Assistance Program (MCSAP) grant funds authorized under section 103(b)(1) ofand the Motor Carrier Safety Improvement Act of 1999 (Public Law 106-159, 113 Stat. 17532) shall be withheld from a State on the first day of the fiscal year following thesuch fiscal year in which the FMCSA determined that the State's hadsecond notor returnedsubsequent toyear(s) substantialof compliancenoncompliance withunder subpart B of this part.
[6786 FR 4976335642, July 317, 20022021]

49 CFR § 384.401 — Withholding of funds based on noncompliance.. Text current through October 22, 2026. This wording effective July 7, 2021 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-384.401. Retrieved from FMCSR.com, https://fmcsr.com/reg/384.401, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Following the first year of noncompliance. An amount up to 4 percent of the Federal-aid highway funds required to be apportioned to any State under 23 U.S.C. 104(b)(1) and (2) 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 8 percent of the Federal-aid highway funds required to be apportioned to any State under 23 U.S.C. 104(b)(1) and (2) 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.

[86 FR 35642, July 7, 2021]

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. July 7, 2021 → presenteCFR, day-precisediff vs. previousviewing
    [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. previous
    [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. Set a case date in the header to read any earlier wording.