U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000


Skip to content U.S. Department of Transportation/Federal Highway AdministrationU.S. Department of Transportation/Federal Highway Administration

Home / Resources / Legislation, Regulations and Guidance / Directives and Memorandum / Notices

Notice
Subject
REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2006 SURFACE TRANSPORTATION PROGRAM FUNDS
Classification Code Date Office of Primary Interest
N 4510.591 March 21 , 2006 HCF-10

  1. What is the purpose of this Notice?This Notice transmits the revised certificate of apportionment of Surface Transportation Program funds authorized for FY 2006 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law (Pub. L. No.) 109-59, the Department of Defense Appropriations Act, 2006, Pub. L. No. 109-148 and the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115. The apportionment is effective immediately.

  2. Does this Notice cancel FHWA notice 4510.581?Yes, this Notice cancels FHWA Notice 4510.581, Revised Apportionment of Fiscal Year (FY) 2006 Surface Transportation Program Funds, dated December 28, 2005. The revisions to the apportionment are required pursuant to a 1 percent across-the-board rescission contained in Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, Pub. L. No. 109-148 and a takedown of up to 2.75 percent contained in Division A, title I, section 112 of the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115.

  3. What is the availability of funds?

    1. The Surface Transportation Program 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 will be in accordance with section 120 of title 23, United States Code (U.S.C.).

    4. Supplementary tables providing the sub allocations of these funds will be issued in a separate Notice.

    5. Section 1012(b)(8)(C) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended, provides that an amount in excess of $8,000,000 for the Value Pricing Pilot Program, (1) shall be apportioned to the States in accordance with section 104(b)(3) of title 23, U.S.C., (2) shall be considered to be sums made available for expenditures on the Surface Transportation Program, except that the amount shall not be subject to section 133(d) and, (3) shall be available for any purpose eligible for funding under section 133. The amount in excess is $2,275,001. Table 5 shows the distribution.

  4. What is the background information?

    1. Section 1101(a)(4) of the SAFETEA-LU, authorizes a total of $6,269,833,394 in contract authority for the Surface Transportation Program FY 2006.

    2. Division B, chapter 8, section 3801 of Pub. L. No. 109-148, requires a 1 percent across-the-board rescission. This provision reduces the amount apportioned for the Surface Transportation Program. The amount reduced is $62,698,334.

    3. Division A, title I, section 112 of Pub. L. No. 109-115 applies a takedown up to 2.75 percent of the amount apportioned for the Surface Transportation Program. This provision reduces the amount apportioned for the program by 2.35054493359 percent. The amount deducted is $145,901,498.

    4. Section 104(f) of title 23, U.S.C., applies a 1.25 percent takedown for Metropolitan Planning from the amount authorized for the Surface Transportation Program. This provision reduces the amount apportioned by $77,589,188.

    5. As required by section 140(b) of title 23, U.S.C., and pursuant to Division B, chapter 8, section 3801 of Pub. L. No. 109-148 reduces the amount authorized of $10,000,000 to $9,900,000 for the Surface Transportation Program and it has been set-aside for the On-the-Job Training/Supportive Services. The amount reduced is $100,000.

    6. As required by section 140(c) of title 23, U.S.C., and pursuant to Division B, chapter 8, section 3801 of Pub. L. No. 109-148 reduces the amount authorized of $10,000,000 to $9,900,000 for the Surface Transportation Program and it has been set-aside for the Disadvantaged Business Enterprises Training. The amount reduced is $100,000.

    7. The total contract authority available for distribution in FY 2006 for the Surface Transportation Program net of these reductions is $5,963,844,374.

  5. Are certain States subject to withholding or penalty transfer? Yes. Currently, the States that are listed under the following two requirements are subject to withholding and transfer of funds. The funds to be transferred will be transferred to the State's 402 Safety Program.

    1. Open Container Requirements - 23 U.S.C. 154 - 3 percent

      Funds subject to be transferred: National Highway System, Surface Transportation Program and Interstate Maintenance.

      Alaska, Arkansas, Connecticut, Delaware, Louisiana, Mississippi, Missouri, Tennessee, Virginia, West Virginia, and Wyoming

    2. Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence - 23 U.S.C. 164 - 3 percent

      Funds subject to be transferred: National Highway System, Surface Transportation Program and Interstate Maintenance.

      Alaska, California, Louisiana, Massachusetts, Minnesota, New Mexico, Ohio, Oregon, Rhode Island, South Dakota, Vermont, and Wyoming

    3. Funds will be transferred from the revised apportionment (Table 1) to the State's 402 Safety Program for those States that failed to meet the provisions of section 154 of title 23, U.S.C., the Open Container Requirements (3 percent), and section 164 of title 23, U.S.C., the Minimum Penalties for Repeat Offenders (3 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 total amount to be transferred based on the States' designation.
  6. What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.

The 50th Anniversary logo is a red and blue shield with '50th' in the center. The following text surrounds the shield: 'Celebrating 50 Years Eisenhower Interstate System, 1956-2006'

Signature: J. Richard Capka

J. Richard Capka
Acting Administrator

Buckle Up America

Attachments


CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $6,269,833,394
AUTHORIZED TO BE APPROPRIATED FOR THE SURFACE TRANSPORTATION 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 Surface Transportation Program for the fiscal year ending September 30, 2006, pursuant to section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users is $6,269,833,394, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, that pursuant to Division B, chapter 8, section 3801, of the Department of Defense Appropriations Act, 2006, I have determined that it will be necessary to deduct 1 percent from the sum of $6,269,833,394 authorized to be appropriated for fiscal year ending September 30, 2006, for the Surface Transportation Program. The resulting amount authorized to be apportioned is $6,207,135,060.

Third, pursuant to Division A, title I, section 112 of the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115 and Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, I have determined that it will be necessary to deduct up to 2.75 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2006, for the Surface Transportation Program, I have deducted 2.35054493359 percent from the sum of $6,207,135,060 authorized to be appropriated for the fiscal year ending September 30, 2006. The amount deducted is $145,901,498.

Fourth, pursuant to section 104(f) of title 23, United States Code and Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, I have deducted 1.25 percent from the sum of $6,207,135,060 authorized to be appropriated for the fiscal year ending September 30, 2006, by section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, for the purpose of carrying out section 134 of title 23, United States Code. The amount deducted is $77,589,188.

Fifth, pursuant to sections 140(b) and 140(c) of title 23, United States Code, after making the deductions authorized by section 104(f) of title 23, United States Code and pursuant to Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, I have set aside $9,900,000 to carry out section 140(b) of title 23, United States Code and $9,900,000 to carry out section 140(c) of title 23, United States Code, from the amount authorized to be appropriated for the fiscal year ending September 30, 2006, by section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, for the purposes of carrying out sections 140(b) and 140(c) of title 23, United States Code, for On-the-Job Training and Supportive Services and Training for Disadvantaged Business Enterprises. The resulting amount is $5,963,844,374.

Sixth, that in compliance with section 154 of title 23, United States Code, the Open Container Law Requirements, 3 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Connecticut, Delaware, Louisiana, Mississippi, Missouri, Tennessee, Virginia, West Virginia, and Wyoming will be transferred to the State's 402 safety program.

Seventh, that in compliance with section 164 of title 23, United States Code, the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence, 3 percent of the amount required to be apportioned to the States of Alaska, California, Louisiana, Massachusetts, Minnesota, New Mexico, Ohio, Oregon, Rhode Island, South Dakota, Vermont, and Wyoming will be transferred to the State's 402 safety program.

Eighth, that after making the deductions, set asides and transfers, 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 Surface Transportation System Program in the manner provided by law in accordance with the formula set forth.

Ninth, that subject to the foregoing deductions, set asides and transfers, 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

Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000