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Notice
Subject
Revised Apportionment of Fiscal Year (FY) 2007 Elimination of Hazards Relating to Railway-Highway Crossing Funds
Classification Code Date Office of Primary Interest
N 4510.636 March 19, 2007 HCFB-1

  1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Interstate Maintenance Program funds authorized for FY 2007 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Public Law (Pub. L. No.) 109-59. The apportionment is effective immediately.

  2. Does this Notice cancel FHWA Notice 4510.629? Yes, this Notice cancels FHWA Notice 4510.629, Revised Apportionment of Fiscal Year (FY) 2007 Interstate Maintenance Program Funds, dated January 9, 2007. Pursuant to the provisions of the Continuing Appropriations Resolution, 2007, Pub. L. No. 109-289, Division B, as amended by the Continuing Appropriations Resolution, 2007, Pub. L. No. 109-369, the Continuing Appropriations Resolution, 2007, Pub. L. No. 109-383, and the Continuing Appropriations Resolution, 2007, Pub. L. No. 110-5, the revision to the apportionment is required due to a revised percent takedown from the amount authorized for the Interstate Maintenance Program. The funds are being provided to the National Highway Traffic Safety Administration.

  3. What is the availability of these funds?

    1. The Interstate Maintenance Program funds resulting from this apportionment are available for obligation through September 30, 2010. Any amounts not obligated by the State on or before September 30, 2010, 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. The program code to be used when obligating these funds is L010.

  4. What is the background information? Section 1101(a)(1) of the SAFETEA-LU authorizes a total of $5,039,058,556 in contract authority for the Interstate Maintenance Program for FY 2007. The total contract authority available for distribution in FY 2007 net of these reductions is $4,857,945,785.

    1. The Continuing Appropriations Resolution, 2007, Pub. L. No. 110-5, applies a percentage share takedown of $118,034,865 of the amount apportioned for the Interstate Maintenance Program. This reduces the amount authorized for the Interstate Maintenance Program by $18,124,539.

    2. Section 104(f) of Title 23, U.S.C., applies a 1.25 percent takedown for Metropolitan Planning from the amount authorized for the Interstate Maintenance Program. This provision reduces the amount apportioned by $62,988,232.

    3. As required by Section 118(c) of Title 23, U.S.C., $100,000,000 has been set aside for the Interstate Maintenance Discretionary Program.

  5. Are certain States subject to penalty transfer? Yes. Currently, the States that are listed under the following two requirements are subject to 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, Minnesota, New Mexico, Ohio, Oregon, Rhode Island, South Dakota, Vermont, and Wyoming

  6. How will the funds be transferred? 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 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.

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

Logo: Moving The American Economy

Signature: J. Richard Capka

J. Richard Capka
Administrator

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $5,039,058,556 AUTHORIZED TO BE APPROPRIATED
FOR THE INTERSTATE MAINTENANCE PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007

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 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 Interstate Maintenance Program for the fiscal year ending September 30, 2007, pursuant to Section 1101(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users is $5,039,058,556, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, pursuant to the Continuing Appropriations Resolution, 2007, Pub. L. No. 109-289, Division B, as amended by Continuing Appropriations Resolution, 2007, Pub. L. No. 109-369, the Continuing Appropriations Resolution, 2007, Pub. L. No. 109-383, and the Continuing Appropriations Resolution, 2007, Pub. L. No. 110-5, I have determined that it will be necessary to deduct a percentage share of $118,034,865 from the amount authorized to be appropriated for the fiscal year ending September 30, 2007, for the Interstate Maintenance Program. I have deducted $18,124,539 from the sum of $5,039,058,556 authorized to be appropriated for the fiscal year ending September 30, 2007.

Third, pursuant to Section 104(f) of Title 23, United States Code, I have deducted 1.25 percent from the sum of $5,039,058,556 authorized to be appropriated for the fiscal year ending September 30, 2007, by Section 1101(a)(1) 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 $62,988,232.

Fourth, pursuant to Section 118(c) of Title 23, United States Code, after making the deduction authorized by Section 104(f) of Title 23, United States Code, I have set aside $100,000,000 from the sum of $5,039,058,556 authorized to be appropriated for fiscal year ending September 30, 2007, by Section 1101(a)(1) of the Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users, for the purpose for carrying out the Interstate Maintenance Discretionary Program under Section 118(c) of Title 23, United States Code. The resulting amount available for distribution is $4,857,945,785.

Fifth, that in compliance with Section 154 of Title 23, United States Code, the Open Container 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.

Sixth, 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, Minnesota, New Mexico, Ohio, Oregon, Rhode Island, South Dakota, Vermont, and Wyoming will be transferred to the State's 402 safety program.

Seventh, that after making the deductions, set aside, 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 Interstate Maintenance Program in the manner provided by law in accordance with the formula set forth.

Eighth, that subject to the foregoing deductions, set aside, 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

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