§FMCSR.com
Historical textIn force on Oct. 1, 2002Source: annual CFR editions 2002–2012

§ 384.403 Availability of funds withheld for noncompliance.

Wording in the annual edition revised as of Oct. 1, 2002, superseded by the 2013 annual edition.

govinfo, 2002 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2002 edition's wording. An amendment that took effect between Oct. 1, 2002 and Oct. 1, 2002 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1996 wording → Oct. 1, 2002 wording+86 added−379 removedHide

(a) PeriodFederal-aid ofhighway availability—(1) Funds withheld on or before September 30, 1995. Any funds withheld under this subpart from apportionmenta to any State onunder or§ before September 30, 1995, shall remain available for apportionment to such State as follows:
384.401(ia)(1) Ifor such funds would have been apportioned under 23 U.S.C. 104(b)(51)(B) butshall fornot thethereafter provisionsbe of this subpart, such funds shall remain available until the end of the second fiscal year following the fiscal year for whichapportionment such funds are authorized to bethe appropriatedState.
(iib) IfMCSAP such funds wouldwithheld havefrom beena apportionedState under 23§ U384.S.C. 104401(ba)(12) or 104(b)(32) but for the provisions of this subpart, such funds shall remain available until theJune end30 of the third fiscal year followingin the fiscal year for which suchthey fundswere are authorized to be appropriatedwithheld.
(2) FundsIf withheldbefore afterJune September 30, 1995.the No funds withheld under this subpart from apportionment to any State aftersubmits Septembera 30,document 1995,signed shallby bethe availableGovernor foror apportionmenthis toor suchher State.
(b)delegate Apportionment of withheld funds after compliance. Ifcertifying, beforeand September 10 of the lastFMCSA 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 sectiondetermines, that the State makesis thenow certification called for in §substantial 384.305compliance andwith 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 apportionedrestored to the State on the day following the last day of such fiscal year.
(c) PeriodAfter ofJune 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 or30, inunrestored the case of funds apportioned under 23 U.S.C. 104(b)(5), shall lapse and be madeallocated available by the Secretary for projects in accordance with 23§ U350.S.C.313 118(b).
(d) Effect of noncompliance. If, at the end of the period for which funds withheld under this subpartsubchapter fromto apportionmentall areStates availablecurrently forin apportionmentsubstantial undercompliance paragraphwith (a) of this section, the State has not met the standards of subpart B of this part.
[67 forFR a 365-day period49763, suchJuly funds shall lapse or31, 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).2002]

49 CFR § 384.403 — Availability of funds withheld for noncompliance.. Text in force on October 1, 2002. This wording effective October 1, 2002 to October 1, 2013. Source: govinfo, 2002 edition, https://www.govinfo.gov/app/details/CFR-2002-title49-vol4/CFR-2002-title49-vol4-sec384-403. Retrieved from FMCSR.com, https://fmcsr.com/reg/384.403?asof=2002-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Federal-aid highway funds withheld from a State under § 384.401(a)(1) or (b)(1) shall not thereafter be available for apportionment to the State.

(b) MCSAP funds withheld from a State under § 384.401(a)(2) or (b)(2) remain available until June 30 of the fiscal year in which they were withheld. If before June 30 the State submits a document signed by the Governor or his or her delegate certifying, and the FMCSA determines, that the State is now in substantial compliance with the standards of subpart B of this part, the withheld funds shall be restored to the State. After June 30, unrestored funds shall lapse and be allocated in accordance with § 350.313 of this subchapter to all States currently in substantial compliance with subpart B of this part.

[67 FR 49763, July 31, 2002]

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. previousviewing
    [67 FR 49763, July 31, 2002]
  4. 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.