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U.S. Department
of Transportation
Federal Highway
Administration

Notice
black line Subject
Apportionment of Fiscal Year (FY) 2006 Elimination of Hazards Relating to Railway-Highway Crossing Funds
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Classification Code Date
Office of Primary Interest
N 4510.576 October 1, 2005 HCF-10

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of Elimination of Hazards Relating to Railway-Highway Crossing funds authorized for FY 2006 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59. The apportionment is effective immediately.

  2. What is the availability of these funds?

    1. The Elimination of Hazards Relating to Railway-Highway Crossing funds resulting from this apportionment are available for obligation until September 30, 2009. Any amounts not obligated by the State on or before September 30, 2009, 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. The Federal share is 90 percent.

    4. The program codes to be used when obligating funds are LS40 and LS50.

  3. What is the background information?

    1. Section 1401(d) of the SAFETEA-LU, amends section 130(e) of title 23, United States Code (U.S.C.) to authorize the Secretary to set side, before an apportionment of Highway Safety Improvement Program funds under section 104(b) of title 23, U.S.C., at least $220,000,000 for the elimination of hazards and the installation of protective devices at rail-way-highway crossings.

    2. Special Rule - Pursuant to section 130(e) of title 23, U.S.C., States that demonstrate to the satisfaction of the Secretary of Transportation that they have met all of their needs for installation of protective devices at railway-highway crossings, may use funds made available by this section for other purposes under section 130(e).

    3. As required by section 130(f) of title 23, U.S.C., fifty percent of the set aside funds are apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A), and 50 percent of such funds are apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States. Notwithstanding this requirement, each State shall receive a minimum of 1/2 of 1 percent of these funds.

    4. As required by section 130(k) of title 23, U.S.C., not more than 2 percent of these section funds may be used by the State for compilation and analysis of data in support of the report activities of section 130(g).

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

Signature: J. Richard Capka

J. Richard Capka
Acting Administrator

Buckle Up America

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF
$220,000,000 SET ASIDE FOR ELIMINATION OF HAZARDS RELATING TO
RAILWAY-HIGHWAY CROSSINGS FROM THE AUTHORIZATION FOR
HIGHWAY SAFETY IMPROVEMENT PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006

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, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Acting Federal Highway Administrator, section 1.48 of 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 the Elimination of Hazards Relating to Railway-Highway Crossings for the fiscal year ending September 30, 2006, pursuant to section 1401(d) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, which amended section 130(e) of title 23, United States Code, is $220,000,000, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, that I have computed the apportionment for Elimination of Hazards Relating to Railway-Highway Crossings for the purpose of carrying out section 130 of title 23, United States Code, among the States and the District of Columbia in the manner provided by law in accordance with the formula in section 130(f) of title 23, United States Code.

Third, that the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

APPORTIONMENT OF FUNDS FOR THE
RAIL HIGHWAY CROSSINGS PROGRAM
AUTHORIZED FOR FISCAL YEAR 2006

STATE AMOUNT
ALABAMA $4,590,394
ALASKA 1,100,000
ARIZONA 2,598,556
ARKANSAS 3,691,577
CALIFORNIA 16,313,706
COLORADO 3,050,624
CONNECTICUT 1,326,494
DELAWARE 1,100,000
DIST. OF COL. 1,100,000
FLORIDA 8,160,145
GEORGIA 8,036,134
HAWAII 1,100,000
IDAHO 1,607,585
ILLINOIS 10,079,678
INDIANA 7,011,414
IOWA 4,898,877
KANSAS 6,174,408
KENTUCKY 3,554,812
LOUISIANA 4,175,442
MAINE 1,203,778
MARYLAND 2,281,154
MASSACHUSETTS 2,365,925
MICHIGAN 7,646,920
MINNESOTA 5,930,217
MISSISSIPPI 3,276,483
MISSOURI 6,098,898
MONTANA 1,758,629
NEBRASKA 3,785,188
NEVADA 1,100,000
NEW HAMPSHIRE 1,100,000
NEW JERSEY 3,549,313
NEW MEXICO 1,510,836
NEW YORK 6,328,827
NORTH CAROLINA 6,278,071
NORTH DAKOTA 3,645,196
OHIO 8,456,704
OKLAHOMA 5,095,739
OREGON 3,144,245
PENNSYLVANIA 7,326,983
RHODE ISLAND 1,100,000
SOUTH CAROLINA 3,959,654
SOUTH DAKOTA 2,282,965
TENNESSEE 4,766,143
TEXAS 16,808,473
UTAH 1,559,000
VERMONT 1,100,000
VIRGINIA 4,421,957
WASHINGTON 4,016,801
WEST VIRGINIA 2,004,916
WISCONSIN 5,327,139
WYOMING 1,100,000
TOTAL $220,000,000

APPROVED EFFECTIVE OCTOBER 1, 2005

Signature: J. Richard Capka

J. Richard Capka
Acting Federal Highway Administrator


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