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Notice
Subject
REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2006 HIGHWAY SAFETY IMPROVEMENT PROGRAM FUNDS
Classification Code Date Office of Primary Interest
N 4510.598 March 21, 2006 HCF-10

  1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Highway Safety Improvement 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 and the Department of Defense Appropriations Act, 2006, Pub. L. No. 109-148. The apportionment is effective immediately.

  2. Does this Notice cancel FHWA notice 4510.598? Yes, this Notice cancels FHWA Notice 4510.572, Apportionment of the Fiscal Year (FY) 2006 Highway Safety Improvement Program Funds, dated October 1, 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.

  3. What is the availability of funds?

    1. The Highway Safety Improvement 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 is 90 percent for highway safety improvement projects carried out with funds apportioned under section 104(b)(5) of title 23 United States Code (U.S.C.), except as provided for in sections 120 and 130 of title 23, U.S.C.

    4. The program codes to be used when obligating funds are LS10, LS20 and LS30.

  4. What is the background information?

    1. Section 1101(a)(6) of the SAFETEA-LU authorizes a total of $1,235,810,000 in contract authority for the Highway Safety Improvement Program set forth in section 148 of title 23, U.S.C.

    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 Highway Safety Improvement Program. The amount deducted is $12,358,100.

    3. As required by section 130(e) of title 23 U.S.C., (which was amended by section 1401(d)(1) of the SAFETEA-LU), before any apportionment under section 104(b)(5), of the amounts authorized for the Highway Safety Improvement Program under section 148 of title 23, U.S.C., and Division B, chapter 8, section 3801 of Pub. L. No. 109-148, reduces the amount of $220,000,000 to $217,800,000 and it has been set aside for the elimination of hazards and the installation of protective devices at railway-highway crossings. The resulting amount is $1,005,651,900.

  5. What are the requirements for the Highway Safety Improvement Program?

    1. Pursuant to section 148(b) of title 23, U.S.C., the purpose of the program is to achieve a significant reduction in traffic fatalities and serious injuries on public roads. Section 148(c) requires each State to have in effect a highway safety improvement program as set forth therein. During an interim period, before fiscal year 2007 (October 1, 2006), the Secretary of Transportation shall apportion Highway Safety Improvement Program funds to the States for obligation for the highway safety improvement program under section 148 for projects that were eligible for funding under sections 130 and 152 of title 23, U.S.C., as in effect on August 9, 2005. The Secretary of Transportation shall approve obligations of funds apportioned under section 104(b)(5) to carry out Section 148, only if, not later than October 1, 2006, a State has developed and implemented a State strategic highway safety plan as required by section 148(c).

    2. Section 148(f) of title 23, U.S.C., amended by section 1401 of the SAFETEA-LU, requires that after making an apportionment to the States, the Secretary shall ensure, from amounts made available to carry out section 148(f) for such fiscal year, that a total of $90,000,000 of such apportionment is set aside by the States, proportionally according to the share of each State of the total amount so apportioned, for use only for construction and operational improvements on high risk rural roads. Pursuant to the Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, the resulting amount available to carry out section 148(f) is $89,100,000. The reduced amount is $900,000.

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

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Signature: J. Richard Capka

J. Richard Capka
Acting Administrator

Buckle Up America


CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $1,235,810,000 AUTHORIZED TO BE APPROPRIATED FOR THE
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 Highway Safety Improvement Program for the fiscal year ending September 30, 2006, pursuant to section 1101(a)(6) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), is $1,235,810,000, 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 $1,235,810,000 authorized to be appropriated for fiscal year ending September 30, 2006, for the Highway Safety Improvement Program. The resulting amount authorized to be apportioned is $1,223,451,900.

Third, pursuant to section 130(e) of title 23, United States Code and Division B, chapter 8, section 3801 of the Department of Defense Appropriation Act, 2006, before making the apportionment, $217,800,000 has been set aside from the amount authorized for the Highway Safety Improvement Program for the elimination of hazards and the installation of protective devices at railway-highway crossings.The resulting amount is $1,005,651,900.

Fourth, that after making the deduction, I have computed the apportionment to each State and the District of Columbia of the remainder of the amounts authorized for the Highway Safety Improvement Program in the manner provided by law in accordance with the formula set forth in section 104(b)(5) of title 23, United States Code.

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

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