---
kind: "section"
citation: "23 C.F.R. § 490.317"
title: "23"
number: "490.317"
heading: "Penalties for not maintaining minimum Interstate System pavement condition."
url: "https://uscodex.org/cfr/23/490.317"
---

# §490.317. Penalties for not maintaining minimum Interstate System pavement condition.

- (a) The FHWA shall compute the Percentage of lane-miles of the Interstate System, excluding sections on bridges, in Poor Condition, in accordance with [§ 490.313(e)(3)](/cfr/23/490.313.md?p=e-3), for each State annually.
- (b) Each year, FHWA shall extract data contained within the HPMS on June 15 that represents conditions from the prior calendar year for Interstate System pavement conditions to carry out [paragraph (a)](#a) of this section, beginning with data collected during the 2018 calendar year.
- (c) The FHWA shall determine if a State DOT is in compliance with [§ 490.315(a)](/cfr/23/490.315.md?p=a) or [§ 490.315(b)](/cfr/23/490.315.md?p=b) and [23 U.S.C. 119(f)(1)](/usc/23/119.md?p=f-1) after the first full year of data collection for the Interstate System and each year thereafter.
- (d) The FHWA will notify State DOTs of their compliance with [23 U.S.C. 119(f)(1)](/usc/23/119.md?p=f-1) prior to October 1 of the year in which the determination was made.
- (e) If FHWA determines through conduct of [paragraph (d)](#d) of this section a State DOT to be out of compliance with [23 U.S.C. 119(f)(1)](/usc/23/119.md?p=f-1) then the State DOT shall, during the following fiscal year:
  - (1) Obligate, from the amounts apportioned to the State DOT under [23 U.S.C. 104(b)(1)](/usc/23/104.md?p=b-1) (for the NHPP), an amount that is not less than the amount of funds apportioned to the State for Federal fiscal year 2009 under the Interstate Maintenance program for the purposes described in [23 U.S.C. 119](/usc/23/119.md) (as in effect on the day before the date of enactment of the MAP-21), except that for each year after Federal fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and
  - (2) Transfer, from the amounts apportioned to the State DOT under [23 U.S.C. 104(b)(2)](/usc/23/104.md?p=b-2) (for the Surface Transportation Program) (other than amounts sub-allocated to metropolitan areas and other areas of the State under [23 U.S.C. 133(d)](/usc/23/133.md?p=d)) to the apportionment of the State under [23 U.S.C. 104(b)(1)](/usc/23/104.md?p=b-1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate Maintenance program for the purposes described in [23 U.S.C. 119](/usc/23/119.md) (as in effect on the day before the date of enactment of the MAP-21).

## Notes

### Source

Source: 82 FR 5962, Jan. 17, 2017, unless otherwise noted.

### Authority

Authority: 23 U.S.C. 134, 135, 148(i) and 150; 49 CFR 1.85.

### Source

Source: 81 FR 13913, Mar. 15, 2016, unless otherwise noted.