1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of National Highway System funds authorized for FY 2001 pursuant to the Transportation Equity Act for the 21st Century (TEA-21) Restoration Act. The apportionment is effective immediately.

2. Does this Notice cancel FHWA Notice 4510.438? Yes, this Notice cancels FHWA Notice 4510.438, Apportionment of Fiscal Year (FY) 2001 National Highway System Funds, dated October 1, 2000. The revisions to the apportionment are minimal and were required to reflect adjustments in Highway Trust Fund contributions based on corrections resulting from the over and under reporting of 1998 motor fuel data (the most current data upon which FY 2001 apportionments are based). United States Comptroller General decisions require that incorrect apportionments need to be appropriately adjusted to assure compliance with the statutory formula for apportioning Federal Highway funds enacted by Congress. Comptroller General opinion B-275490 (December 5, 1996); 41 Comp. Gen. 16 (1961).

3. What is the availability of these funds?
   1. The National Highway System funds resulting from this apportionment are available for obligation until September 30, 2004. Any amounts not obligated by the State on or before September 30, 2004, shall lapse.
   2. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.

   3. As required by 23 U.S.C. 104(b)(1), $36,400,000 of the funds have been set aside for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

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

   5. The appropriation code is Q05, and the project number prefix is NH.

   6. Funds will be transferred from the revised apportionment (Table 1) to those States' 402 Safety Program for those States that failed to meet the provisions of Title 23, U.S.C., 154, Open Container Requirements (1.5 percent) and Title 23, U.S.C., 164, Minimum Penalties for Repeat Offenders (1.5 percent). Table 2 and Table 3 illustrate the revised amounts to be transferred under sections 154(c)(5) and 164(b)(5). Table 4 illustrates the revised total amount to be transferred.
      

4. What action is required? Division Administrators should ensure that copies of this Notice are provided to State Departments of Transportation.

Vincent F. Schimmoller
Deputy Executive Director

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $4,887,986,000 AUTHORIZED TO BE
APPROPRIATED FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2001
FOR THE NATIONAL HIGHWAY SYSTEM

TO--

The Secretary of the Treasury of the United States and the State Transportation Agencies:

Pursuant to section 9503 of the Internal Revenue Code of 1986, Title 23, United States Code, the Transportation Equity Act for the 21st Century, 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 that can be apportioned for projects on the National Highway System for the fiscal year ending September 30, 2001, is $4,887,986,000, which is 100 percent of the amount authorized to be appropriated for the National Highway System for that fiscal year, pursuant to section 1101(a)(2) of the Transportation Equity Act for the 21st Century.

Second, 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, United States Code, to deduct 1.50 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2001, for the National Highway System, and I have deducted said 1.50 percent from the sum of $4,887,986,000 authorized to be appropriated for the fiscal year ending September 30, 2001, by section 1101(a)(2) of the Transportation Equity Act for the 21st Century.

Third, that in compliance with section 104(f) 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 percent of the sums remaining from the authorization of $4,887,986,000 for the fiscal year ending September 30, 2001, for the purpose of carrying out section 134 of Title 23, United States Code.

Fourth, that in compliance with section 104(b)(1) of Title 23, United States Code, and after making the deductions authorized by sections 104(a) and 104(f)(1) of Title 23, United States Code, I have set aside $36,400,000 of the sums remaining from the authorization of $4,887,986,000 for the fiscal year ending September 30, 2001, for the National Highway System for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands and $18,800,000 of the sums remaining from the authorization of $4,887,986,000 for the fiscal year ending September 30, 2001, for the purpose of carrying out section 104(b)(1) of Title 23, United States Code, relating to the Alaska Highway.

Fifth, that under the provisions of section 154(c) of Title 23, United States Code, the Open Container Requirement law, 1.5 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Montana, New Mexico, Tennessee, Texas, Vermont, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of Title 23, United States Code, subject to a determination by the States in accordance with Title 23 United States Code, section 164(b)(5).

Sixth, that under the provisions of section 164(b) of Title 23, United States Code, the minimum penalties for repeat offenders for driving while intoxicated or driving under the influence law, 1.5 percent of the amount required to be apportioned to Alaska, California, Connecticut, Delaware, Georgia, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, West Virginia, Wisconsin, and Wyoming will be transferred to the apportionment of the State under section 402 of Title 23, United States Code, subject to a determination by the States in accordance with Title 23, United States Code, section 164(b)(5).

Seventh, that after making the deductions and set asides, I have computed the apportionment to each State and the District of Columbia of the remainder of the amounts authorized to be appropriated for the National Highway System in the manner provided by law in accordance with the formula in section 104(b)(1) of Title 23, United States Code.

Eighth, that subject to the foregoing deductions and set asides, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

Attachments:

Table 1
Table 2
Table 3
Table 4