1. What is the purpose of this Notice? This Notice is to transmit the revised certificate of apportionment of National Highway System funds authorized for FY 2002 pursuant to the Transportation Equity Act for the 21st Century (TEA-21) Restoration Act. This apportionment is effective immediately.



2. Does this Notice cancel FHWA Notice 4510.458? Yes, this Notice cancels FHWA Notice 4510.458, Apportionment of Fiscal Year (FY) 2002 National Highway System Funds, dated October 1, 2001. The revisions to the apportionment are required pursuant to the provisions of section 336 of the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002.



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, 2005. Any amounts not obligated by the State on or before September 30, 2005, shall lapse.



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



3. As required by title, 23, United States Code (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 which failed to meet the provisions of title 23, U.S.C., section 154, Open Container Requirements (1.5 percent); and title 23, U.S.C., section 164, Minimum Penalties for Repeat Offenders (1.5 percent). Tables 2 and 3 illustrate the revised amounts to be transferred under sections 154(c)(5) and 164(b)(5) respectively. Table 4 illustrates the revised total amount to be transferred based on the States' designations. Table 5 illustrates the revised amount reserved from the State of New Hampshire that failed to meet the provisions of title 23, U.S.C., section 153, Use of Safety Belts and Motorcycle Helmets (3 percent).



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

Mary E. Peters Federal Highway Administrator

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $4,967,556,000
AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002
FOR THE NATIONAL HIGHWAY SYSTEM

TO--

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

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, 2002, is $4,967,556,000, 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)(1) of title 23, United States Code, as amended, I have determined that it will be necessary for administering the provisions of title 23, United States Code, as amended, to deduct 1 1/6 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2002, for the National Highway System, and I have deducted said 1 1/6 percent from the sum of $4,967,556,000 authorized to be appropriated for the fiscal year ending September 30, 2002, by section 1101(a)(2) of the Transportation Equity Act for the 21st Century.

Third, that in compliance with section 336 of the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002, I have determined that it will be necessary to deduct 2/5ths of 1 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2002, for the Interstate Maintenance Program, and I have deducted said 2/5ths of 1 percent from the sum of $4,967,556,000 authorized to be appropriated for the fiscal year ending September 30, 2002, by section 1101(a)(2) of the Transportation Equity Act for the 21st Century.

Fourth, 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 1 percent of the sums remaining from the authorization of $4,967,556,000 for the fiscal year ending September 30, 2002, for the purpose of carrying out section 134 of title 23, United States Code.

Fifth, 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 $4,967,556,000 for the fiscal year ending September 30, 2002, 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 $4,967,556,000 for fiscal year ending September 30, 2002, for the purpose of carrying out section 104(b)(1) of title 23, United States Code, relating to the Alaska Highway.

Sixth, that under the provisions of section 153 of title 23, United States Code, Use of Safety Belts and Motorcycle Helmets law, 3 percent of the amounts required to be apportioned to the State of New Hampshire will be reserved from apportionment of the State in accordance with section 355 of the National Highway System Designation Act of 1995 as amended by section 1211(c) of TEA-21.

Seventh, 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, Indiana, Louisiana, Maryland, Mississippi, Missouri, Montana, Tennessee, Vermont, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code.

Eighth, 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, Iowa, Louisiana, Maryland, Massachusetts, Minnesota, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code.

Ninth, that after making the deductions, transfers, reservation 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.

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

Table 1
Table 2
Table 3
Table 4
Table 5