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Notice
Subject
APPORTIONMENT OF FISCAL YEAR (FY) 2009 INTERSTATE MAINTENANCE PROGRAM FUNDS
Classification Code Date Office of Primary Interest
N 4510.684 October 1, 2008 HCFB-1

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment of Interstate Maintenance Program funds authorized for FY 2009 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law Number (Pub. L. No.) 109-59. The apportionment is effective immediately.

  2. What is the availability of these funds?

    1. The Interstate Maintenance Program funds resulting from this apportionment are available for obligation until September 30, 2012. Any amounts not obligated by the State on or before September 30, 2012, 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.

  3. What is the background information?

    1. Section 1101(a)(1) of the SAFETEA-LU authorizes a total of $5,199,399,081 in contract authority for the Interstate Maintenance Program for FY 2009.

    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 $64,992,488.

    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 Interstate Maintenance Program. This provision reduces the amount apportioned by $10,658,768.

    4. 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. The total contract authority available for distribution in FY 2009 net of these reductions is $5,023,747,825.

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

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

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

  5. 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 State under Sections 154(c)(5) and 164(b)(5), which allow the States to designate the funds to be transferred.

  6. 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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Thomas J. Madison, Jr. signature
Thomas J. Madison, Jr.
Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $5,199,399,081 AUTHORIZED TO BE APPROPRIATED
FOR THE INTERSTATE MAINTENANCE PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009

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, 2009, pursuant to Section 1101(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $5,199,399,081, 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 $5,199,399,081 authorized to be appropriated for the fiscal year ending September 30, 2009, 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 $64,992,488.

Third, pursuant to Section 111 of the SAFETEA-LU Technical Corrections Act of 2008, Public Law Number 110-244, I have deducted 0.205% from the sum of $5,199,399,081 that can be apportioned for the fiscal year ending September 30, 2009 pursuant to Section 1101(a)(1) 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 $10,658,768.

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 $5,199,399,081 authorized to be appropriated for fiscal year ending September 30, 2009, 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 is $5,023,747,825.

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

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