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This directive was canceled July 25, 2008

Notice
Subject
REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2008 SURFACE TRANSPORTATION PROGRAM FUNDS
Classification Code Date Office of Primary Interest
N 4510.674 July 25, 2008 HCFB-1

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  1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Surface Transportation 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. Does this Notice cancel FHWA Notice 4510.665? Yes, this Notice cancels FHWA Notice 4510.665, Revised Apportionment of Fiscal Year (FY) 2008 Surface Transportation Program Funds, dated January 30, 2008. The revision to the certificate of apportionment is required to correct a typographical error in paragraph 4(e) of FHWA Notice 4510.665. Instead of referring to FY 2008, the paragraph erroneously refers to “total contract authority available for distribution in FY 2007”.

  3. What is the availability of these funds?
    1. The Surface Transportation 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 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.

  4. What is the background information?
    1. Section 1101(a)(4) of the SAFETEA-LU authorizes a total of $6,472,726,628 in contract authority for the Surface Transportation Program for FY 2008.

    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 Surface Transportation Program. This provision reduces the amount apportioned by $80,909,083.

    3. As required by Section 140(b) of Title 23, U.S.C., $10,000,000 has been set-aside for the On-the-Job Training/Supportive Services.

    4. As required by Section 140(c) of Title 23, U.S.C., $10,000,000 has been set aside for the Disadvantaged Business Enterprises Training.

    5. The total contract authority available for distribution in FY 2008 for the Surface Transportation Program net of these reductions is $6,371,817,545.

  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: Surface Transportation Program, National Highway System, and Interstate Maintenance.

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

    3. 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: Surface Transportation Program, National Highway System, 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 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 subject to a determination by the States under Sections 154(c)(5) and 164(b)(5), which allow the States to designate the funds to be transferred.

  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

Attachments

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 Surface Transportation Program for the fiscal year ending September 30, 2008, pursuant to Section 1101(a)(4) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users is $6,472,726,628, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, pursuant to Section 104(f) of Title 23, United States Code, I have deducted 1.25 percent from the sum of $6,472,726,628 authorized to be appropriated for the fiscal year ending September 30, 2008, 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 $80,909,083.

Third, pursuant to Sections 140(b) and 140(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 $10,000,000 to carry out Section 140(b) of Title 23, United States Code and $10,000,000 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, 2008, 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 $6,371,817,545.

Fourth, 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.

Fifth, 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.

Sixth, that after making the deduction, 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.

Seventh, that subject to the foregoing deduction, 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

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