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This directive was canceled January 30, 2008

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U.S. Department
of Transportation
Federal Highway
Administration

Notice
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Subject
APPORTIONMENT OF FISCAL YEAR (FY) 2008 ELIMINATION OF HAZARDS RELATING TO RAILWAY-HIGHWAY CROSSINGS PROGRAM FUNDS
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Classification Code Date
Office of Primary Interest
N 4510.657 October 1, 2007 HCFB-1

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of Elimination of Hazards Relating to Railway-Highway Crossings Program funds authorized for FY 2008 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. What is the availability of these funds?

    1. The Elimination of Hazards Relating to Railway-Highway Crossings Program funds resulting from this apportionment are available for obligation until September 30, 2011. Any amounts not obligated by the State on or before September 30, 2011 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 these 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 aside, 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 railway-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., 50 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 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.

Logo: Moving The American Economy

Signature: J. Richard Capka

J. Richard Capka
Administrator

Attachments


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 THE HIGHWAY SAFETY IMPROVEMENT PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008

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 Elimination of Hazards Relating to Railway-Highway Crossings for the fiscal year ending September 30, 2008, 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, the sums that are hereby apportioned to the several States, effective immediately, are respectively as follows:


U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

APPORTIONMENT OF FUNDS FOR THE
ELIMINATION OF HAZARDS RELATING TO
RAILWAY-HIGHWAY CROSSINGS PROGRAM
AUTHORIZED FOR FISCAL YEAR 2008

STATE AMOUNT
ALABAMA $4,402,469
ALASKA 1,100,000
ARIZONA 2,643,852
ARKANSAS 3,715,488
CALIFORNIA 15,798,313
COLORADO 3,130,485
CONNECTICUT 1,308,731
DELAWARE 1,100,000
DIST. OF COL. 1,100,000
FLORIDA 8,536,173
GEORGIA 8,181,483
HAWAII 1,100,000
IDAHO 1,656,895
ILLINOIS 10,055,258
INDIANA 7,204,695
IOWA 4,947,609
KANSAS 6,123,966
KENTUCKY 3,567,681
LOUISIANA 4,159,212
MAINE 1,186,933
MARYLAND 2,273,838
MASSACHUSETTS 2,360,749
MICHIGAN 7,768,422
MINNESOTA 5,914,004
MISSISSIPPI 3,328,621
MISSOURI 6,034,507
MONTANA 1,748,479
NEBRASKA 3,705,140
NEVADA 1,100,000
NEW HAMPSHIRE 1,100,000
NEW JERSEY 3,588,711
NEW MEXICO 1,565,462
NEW YORK 6,328,156
NORTH CAROLINA 6,171,778
NORTH DAKOTA 3,472,568
OHIO 8,555,083
OKLAHOMA 5,052,715
OREGON 3,105,352
PENNSYLVANIA 7,191,549
RHODE ISLAND 1,100,000
SOUTH CAROLINA 4,096,534
SOUTH DAKOTA 2,308,909
TENNESSEE 4,591,421
TEXAS 16,934,961
UTAH 1,586,708
VERMONT 1,100,000
VIRGINIA 4,458,737
WASHINGTON 3,991,809
WEST VIRGINIA 1,985,464
WISCONSIN 5,361,080
WYOMING 1,100,000

TOTAL
$220,000,000

APPROVED EFFECTIVE October 1, 2007
Signature: J. Richard Capka
FEDERAL HIGHWAY ADMINISTRATOR

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