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Notice
Subject
REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2008 NATIONAL HIGHWAY SYSTEM PROGRAM FUNDS
Classification Code Date Office of Primary Interest
N 4510.676 July 25, 2008 HCFB-1

  1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of National Highway System 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 4510.664? Yes. This Notice cancels FHWA Notice 4510.664, Revised Apportionment of Fiscal Year (FY) 2008 National Highway System Program Funds, dated January 30, 2008. The revisions to the apportionment are required pursuant to the terms of Title I, Section 111 of the SAFETEA-LU Technical Corrections Act of 2008, Pub. L. No. 110-244, which requires a percentage takedown from the amount apportioned for the National Highway System Program. The takedown is being used to fund the Future Strategic Highway Research Program under Section 510 of Title 23, United States Code, (U.S.C.). The revisions also include a correction to the penalty transfers due to the National Highway Traffic Safety Administration (NHTSA) determining that Illinois and Massachusetts were in noncompliance with 23 U.S.C. 154 (Open Container Requirements) on October 1, 2007. United States Comptroller General Decision B-275490 (December 5, 1996) requires that incorrect apportionments be appropriately adjusted to ensure compliance with the statutory formula for apportioning Federal highway funds enacted by Congress. See also 41 Comp. Gen. 16 (1961).

  3. What is the availability of these funds?

    1. The National Highway System 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, U.S.C.

    4. The program code to be used when obligating these funds is L050.

  4. What is the background information?

    1. Section 1101(a)(2) of the SAFETEA-LU authorizes a total of $6,207,937,450 in contract authority for the National Highway System 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 National Highway System Program. This provision reduces the amount apportioned by $77,599,218.

    3. Section 111 of the SAFETEA-LU Technical Corrections Act of 2008, Pub. L. No. 110-244, requires a 0.205 percent takedown for the Future Strategic Highway Research Program from the amount apportioned for the National Highway System Program. This provision reduces the amount apportioned by $12,726,272.

    4. As required by Section 104(b)(1)(A) of Title 23, U.S.C., $30,000,000 has been set aside for the Alaska Highway.

    5. As required by Section 104(b)(1)(A) of Title 23, U.S.C., $50,000,000 has been set aside for the Territorial Highway Program, which includes the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

    6. The total contract authority available for distribution in FY 2008 net of these reductions is $6,037,611,960.

  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, Illinois, Louisiana, Massachusetts, 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 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. Table 4 illustrates the total amount to be transferred based on the States' designation (with the exception of Illinois and Massachusetts).

  7. 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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James D. Ray signature
James D. Ray
Acting Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $6,207,937,450 AUTHORIZED TO BE APPROPRIATED
FOR THE NATIONAL HIGHWAY SYSTEM 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 National Highway System Program for the fiscal year ending September 30, 2008, pursuant to Section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users is $6,207,937,450, 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 $6,207,937,450 authorized to be appropriated for the fiscal year ending September 30, 2008, by Section 1101(a)(2) 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 $77,599,218.

Third, pursuant to Section 111 of the SAFETEA-LU Technical Corrections Act of 2008, Pub. L. No. 110-244, I have deducted 0.205% from the sum of $6,207,937,450 that can be apportioned for the fiscal year ending September 30, 2008 pursuant to Section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out Section 510 of Title 23, United States Code. The amount deducted is $12,726,272.

Fourth, pursuant to Section 104(b)(1)(A) of Title 23, United States Code, and after making the deduction authorized by Section 104(f) of Title 23, United States Code, I have set aside $30,000,000 from the sum of $6,207,937,450 authorized to be appropriated for fiscal year ending September 30, 2008, by Section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out Section 104(b)(1)(A) of Title 23, United States Code, for the Alaska Highway.

Fifth, pursuant to Section 104(b)(1)(A) of Title 23, United States Code, and after making the deduction authorized by Section 104(f) of Title 23, United States Code, I have set aside $50,000,000 from the sum of $6,207,937,450 authorized to be appropriated for fiscal year ending September 30, 2008, by Section 1101(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out Section 104(b)(1)(A) of Title 23, United States Code, for the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands. The resulting amount is $6,037,611,960.

Sixth, that in compliance with the provisions of 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, Illinois, Louisiana, Massachusetts, Mississippi, Missouri, Tennessee, Virginia, West Virginia, and Wyoming will be transferred to the State's Section 402 Safety Program.

Seventh, that in compliance with the provisions of 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 Section 402 Safety Program.

Eighth, that after making the deductions, 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 National Highway System Program in the manner provided by law in accordance with the formula set forth.

Ninth, that subject to the foregoing deductions, 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
Table 4

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