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1. What is the purpose of this Notice? This Notice is to notify States, as required by title 23 U.S.C. 104(e), of the amount of funds to be apportioned under title 23 U.S.C. 104, effective October 1, 2006. Also, this Notice provides the anticipated apportionments for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) under title 23 U.S.C. 144, Recreational Trails Program under title 23 U.S.C. 206, Equity Bonus under title 23 U.S.C. 105, and Appalachian Development Highway System under Section 1116, Coordinated Boarder Infrastructure Program under Section 1303, and Safe Routes to School Program under section 1404, pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59.

2. Are certain States subject to potential withholding and/or transfer? Yes. Currently, the States that are listed under the following six requirements are subject to potential withholding of apportionment and/or transfer of funds on October 1, 2006. It should be noted that the anticipated apportionment amounts are subject to change before issuing the certificate of apportionments, which are effective on October 1, 2006.

   1. Use of Safety Belts and Motorcycle Helmets – title 23 U.S.C. 153

      Funds subject to three percent transfer: National Highway System (NHS), Surface Transportation Program (STP), and Congestion Mitigation and Air Quality Improvement Program (CMAQ)

      New Hampshire

   2. Open Container Requirements – title 23 U.S.C. 154

      Funds subject to three percent transfer: Interstate Maintenance (IM), NHS, and STP

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

      Notes: Paragraph 2.b. above – To avoid a transfer on October 1, 2006, the National Highway Traffic Safety Administration (NHTSA) must receive from the State by September 30, 2006, a certificate and laws that conform with the title 23 U.S.C. 154 programs implementing regulations.

      This paragraph applies to paragraph 2.b., c., d., and e. – Highway program funds for Puerto Rico are no longer apportioned through title 23 U.S.C. 104(b); however, Section 1120 of SAFETEA-LU, as amended, states that such funds will be treated as being apportioned under title 23 U.S.C. 104(b) and 144 (in the same proportions that they were in fiscal year (FY) 1997), for purposes of any penalty provision in title 23 U.S.C.

   3. National Minimum Drinking Age – title 23 U.S.C. 158

      Funds subject to ten percent withholding: IM, NHS and STP

      Puerto Rico

   4. Operation of Motor Vehicles by Intoxicated Minors – title 23 U.S.C. 161

      Funds subject to ten percent withholding: IM, NHS, and STP

      Puerto Rico

   5. Repeat Offenders – title 23 U.S.C. 164

      Funds subject to three percent transfer: IM, NHS, and STP

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

      Note: Paragraph 2.e. above – To avoid a transfer on October 1, 2006, NHTSA must receive from the State by September 30, 2006, a certificate and laws that conform with the title 23 U.S.C. 164 programs implementing regulations.

   6. Commercial Drivers License – title 49 U.S.C. 31314

      Funds subject to five percent withholding: IM, NHS, and STP

      Maine

3. Are there obligation controls? Yes. The obligation limitation associated with the Use of Safety Belts and Motor Cycle Helmets, title 23 U.S.C. 153; Open Container Requirements, title 23 U.S.C. 154; Repeat Offenders, title 23 U.S.C. 164; and Commercial Drivers License, title 49 U.S.C. 31314 funds withheld and/or transferred from apportionment from a State are subject to obligation controls in force at the time of the withholding and/or transfer.

4. What are the anticipated FY 2007 apportionments? The following tables show the FY 2007 anticipated apportionment amounts effective on October 1, 2006. Table 1 shows the anticipated apportionments of IM, NHS, STP, HBRRP, CMAQ, Appalachian Development Highway System, Recreational Trails, Metropolitan Planning, Safety, Rail-Highway Crossing, Border Infrastructure Program, Safe Routes to School, and Equity Bonus before assessment of penalties. Table 2 shows the programmatic distribution of Equity Bonus (before penalty). Tables 3 through 6 reflect the anticipated penalty amounts to be transferred that comply with title 23 U.S.C., 153, 154, 164, and title 49 U.S.C. 31314 for IM, NHS, STP, CMAQ, Recreational Trails, and Safety. Table 7 shows the anticipated amount of apportionments of IM, NHS, STP, HBRRP, CMAQ, Appalachian Development Highway System, Recreational Trails, Metropolitan Planning, Safety, Rail-Highway Crossings, Boarder Infrastructure Program, Safe Routes to School, and Equity Bonus including programmatic distribution of Equity Bonus after the assessment of penalties.

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

J. Richard Capka Administrator

Attachments

Table 1
Table 2
Table 3
Table 4
Table 5
Table 6
Table 7