1. PURPOSE. To notify States, as required by 23 U.S.C. 104(e) , of the amount of funds to be apportioned under 23 U.S.C. 104 effective October 1, 1995. Also, to provide anticipated apportionments for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) under 23 U.S.C. 144.

2. GENERAL

   1. It should be noted that the anticipated apportionment amounts are subject to change prior to the issuance of the certificate of apportionment and the penalties under 23 U.S.C., where applicable, will be assessed when the certificate of apportionment is signed. Currently, the following States are subject to a potential withholding of apportionment and/or reservation of funds on October 1, 1995, as indicated:

      (1) National Minimum Drinking Age - 23 U.S.C. 158

      Funds subject to withholding: National Highway System (NHS) , Interstate Maintenance (IM), and Surface Transportation Program (STP)

      Puerto Rico

      (2) Revocation of suspension of drivers' licenses of individuals convicted of drug offenses - 23 U.S.C. 159

      Funds subject to withholding: IM, NHS, and STP

      Arizona	Massaschusetts
      California	Missouri
      Florida	New Jersey
      Georgia	New York
      Hawaii	North Carolina
      Indiana	Utah

      (3) Use of Safety Belts and Motorcycle Helmets - 23 U.S.C. 153

      Funds subject to withholding: NHS, Congestion Mitigation and Air Quality Improvement Program (CMAQ), and STP

      Alaska	Iowa	Oklahoma
      Arizona	Kansas	Rhode Island
      Colorado	Maine	South Carolina
      Connecticut	Minnesota	South Dakota
      Delaware	Montana	Utah
      Hawaii	New Hampshire	Wisconsin
      Idaho	New Mexico	Wyoming
      Illinois	North Dakota
      Indiana	Ohio

      (4) Vehicle Weight Limitation - 23 U.S.C. 127

      Fund subject to withholding: NHS

      Ohio	North Carolina

   2. Anticipated amounts available to be transferred into STP from Apportionment Adjustment funds (Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) , Section 1015) are not included in this Notice because the factors cannot be computed prior to September 30, 1995.

   3. Section 1003(c) of the ISTEA requires that each authorization be reduced proportionately so that the total for FY 1992 through FY 1996 equals $98.642 billion. The FHWA currently estimates that all FY 1996 authorizations including Minimum Allocation, Hold Harmless, Donor State Bonus, etc., will have to be reduced by about 20 percent (or $4.2 billion) to comply with Section 1003(c).

   4. Amounts authorized for National Highway System and Interstate Maintenance for FY 1996 may not be apportioned if the NHS bill is not passed by the end of FY 1995.

   5. Section 1054 of ISTEA permits States to use Temporary Matching Fund Waiver provisions through September 30, 1993. No repayment was received from the States of Louisiana, Maine, New Mexico, Vermont or Puerto Rico prior to March 30, 1994. Therefore, a proportional reduction of Louisiana's, Maine's, New Mexico's, Vermont's and Puerto Rico's apportionments for FY 1996 will be made in lieu of repayment.

3. ADVANCE NOTIFICATION. The attachment to this Notice shows the anticipated apportionments to be effective on October 1, 1995, of IM, NHS, HBRRP, STP, CMAQ, and Metropolitan Planning funds authorized for FY 1995. The amounts reflect the estimated reduction in authorizations that comply with Section 1003(c) of ISTEA.

4. ACTION. Division Administrators should assure that copies of this Notice are furnished to State highway agencies.

Original signed by
Rodney E. Slater
Administrator

Attachment