1. PURPOSE. To transmit the revised certificate of apportionment of Surface Transportation Program funds authorized for FY 1996 pursuant to the Intermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240). This Notice revised Notice 4510.347 dated November 29, 1995, pursuant to Comptroller General opinion B-275490 (December 5, 1996). On December 24, 1996, revised FY 1994 Highway Trust Fund income statements were received from the Department of the Treasury. The apportionment is effective immediately.

2. AVAILABILITY

   1. The Surface Transportation Program funds resulting from this apportionment are available for obligation until September 30, 1999. Any amounts not obligated by the State on or before September 30, 1999, shall lapse.

   2. The funds resulting from this apportionment will be subject to obligation controls in force at the time of obligation.

   3. The participating rate for these funds is 80 percent or 90 percent if used on the Interstate system (except for adding lanes which are not high occupancy lanes or auxiliary lanes), with sliding scale rates not to exceed 95 percent.

   4. Funds are being withheld from the apportionment for Puerto Rico which failed to meet the provisions of 23 U.S.C. 158, National Minimum Drinking Age.

   5. Supplementary tables providing the suballocations of these funds will be issued in a separate notice.

   6. The authorization of this apportionment has been reduced by 13.35402537 percent to comply with section 1003(c) of P.L. 102-240.

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

Attachment

TO--

The Secretary of the Treasury of the United States and the State Highway Departments:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Intermodal Surface Transportation Efficiency Act of 1991, title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator in section 1.48, title 49, Code of Federal Regulations, I certify--

First, that the Secretary of the Treasury has made the estimate required by section 9503(d) of the Internal Revenue Code of 1986 and based on that estimate, I have determined that the amount which can be apportioned for the Surface Transportation Program for the fiscal year ending September 30, 1996, is $3,549,885,581 which is 100 per centum of the amount authorized to be appropriated for that Program for that fiscal year pursuant to section 1003(a)(3) of the Intermodal Surface Transportation Efficiency Act of 1991 after taking a proportionate reduction as required by section 1003(c) of such statute.

Second, that pursuant to section 104(d)(2) of title 23, United States Code, I have set aside $5,000,000 from the sums authorized to be appropriated for the fiscal year ending September 30, 1996 for the Surface Transportation Program by section 1003(a)(3) of the Intermodal Surface Transportation Efficiency Act of 1991 to carry out section 104(d)(2) of title 23, United States Code.

Third, that in compliance with section 104(a) of title 23, United States Code, I have estimated that it will be necessary for administering the provisions of title 23 and for highway research and studies, to deduct 3.75 per centum from the amount authorized to be appropriated for the fiscal year endingSeptember 30, 1996, for the Surface Transportation Program and I have deducted said 3.75 per centum from the sum of $3,549,885,581 authorized to be appropriated for the fiscal year ending September 30, 1996, by section 1003(a)(3) of the Intermodal Surface Transportation Efficiency Act of 1991.

Fourth, that in compliance with section 104(f)(1) of title 23, United States Code, and after making the deduction authorized by section 104(a) of title 23, United States Code, I have deducted one per centum of the sums remaining from the authorization of $3,549,885,581 for the fiscal year ending September 30, 1996, for the purposes of carrying out section 134 of title 23, United States Code.

Fifth, that under the provisions of section 158(a)(2) of title 23, United States Code, the national minimum drinking age law, 10 per centum of the amount required to be apportioned to the Commonwealth of Puerto Rico for the Surface Transportation Program has been withheld from apportionment and lapsed.

Sixth, that such sums are adjusted as required by section 1003(c) of Public Law 102-240.

Seventh, that after making the deductions, set-aside, and withholding, I have computed the apportionment among the several States, the Commonwealth of Puerto Rico and the District of Columbia of the remainder of the amount authorized to be appropriated for the Surface Transportation Program in the manner provided by law in accordance with the formula in section 104(b)(3) of title 23, United States Code.

Eighth, that subject to the foregoing deductions, withholding, and set-aside, the sums which are hereby apportioned to each State, the District of Columbia and the Commonwealth of Puerto Rico, effective immediately are respectfully as follows: