§FMCSR.com
Historical textIn force on Sept. 30, 2002Source: annual CFR editions 1996–2001

§ 384.403 Period of availability; effect of compliance and noncompliance.

Wording first on file in the 1996 annual edition, superseded by the 2002 annual edition.

govinfo, 2001 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2001 edition's wording. An amendment that took effect between Oct. 1, 2001 and Sept. 30, 2002 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 384.403 — Period of availability; effect of compliance and noncompliance.. Text in force on September 30, 2002. This wording effective October 1, 1996 to October 1, 2002. Source: govinfo, 2001 edition, https://www.govinfo.gov/app/details/CFR-2001-title49-vol4/CFR-2001-title49-vol4-sec384-403. Retrieved from FMCSR.com, https://fmcsr.com/reg/384.403?asof=2002-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Period of availability—(1) Funds withheld on or before September 30, 1995. Any funds withheld under this subpart from apportionment to any State on or before September 30, 1995, shall remain available for apportionment to such State as follows:

(i) If such funds would have been apportioned under 23 U.S.C. 104(b)(5)(B) but for the provisions of this subpart, such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated.

(ii) If such funds would have been apportioned under 23 U.S.C. 104(b)(1) or 104(b)(3) but for the provisions of this subpart, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated.

(2) Funds withheld after September 30, 1995. No funds withheld under this subpart from apportionment to any State after September 30, 1995, shall be available for apportionment to such State.

(b) Apportionment of withheld funds after compliance. If, before September 10 of the last fiscal year for which funds withheld under this subpart from apportionment are to remain available for apportionment to a State under paragraph (a) of this section, the State makes the certification called for in § 384.305 and a determination is made that the State has met the standards of subpart B of this part for a period of 365 days and continues to meet such standards, the withheld funds remaining available for apportionment to such State shall be apportioned to the State on the day following the last day of such fiscal year.

(c) Period of availability of subsequently apportioned funds. Any funds apportioned pursuant to paragraph (b) of this section shall remain available for expenditure until the end of the third fiscal year succeeding the fiscal year in which such funds are apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under 23 U.S.C. 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with 23 U.S.C. 118(b).

(d) Effect of noncompliance. If, at the end of the period for which funds withheld under this subpart from apportionment are available for apportionment under paragraph (a) of this section, the State has not met the standards of subpart B of this part for a 365-day period, such funds shall lapse or, in the case of funds apportioned under 23 U.S.C. 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with 23 U.S.C. 118(b).

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2015 → presentannual editions 2015–2016diff vs. previous
    [80 FR 59073, Oct. 1, 2015]
  2. Oct. 1, 2013 → Oct. 1, 2015annual editions 2013–2014diff vs. previous
    [67 FR 49763, July 31, 2002, as amended at 78 FR 58481, Sept. 24, 2013]
  3. Oct. 1, 2002 → Oct. 1, 2013annual editions 2002–2012diff vs. previous
    [67 FR 49763, July 31, 2002]
  4. Oct. 1, 1996 → Oct. 1, 2002annual editions 1996–2001viewing

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.