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This directive was canceled August 3, 2012.

Notice
Subject
Advance Notification of Federal-Aid Highway Funds to be Apportioned for Fiscal Year (FY) 2013
Classification Code Date Office of Primary Interest
N 4510.741 December 23, 2011 HCFB-1

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  1. What is the purpose of this Notice? This Notice is to notify States, as required by section 104(e) of title 23, United States Code (U.S.C.), of the anticipated amounts of funds to be apportioned under 23 U.S.C. 104, as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, for FY 2013. It should be noted that the anticipated apportionment amounts are subject to change before issuing the certificate of apportionment, which is effective on October 1, 2012.

  2. Are certain States subject to potential withholdings or transfers? Yes. Currently, the States that are listed under the following requirements are subject to potential withholdings or transfers on October 1, 2012.

    1. Use of Safety Belts and Motorcycle Helmets – 23 U.S.C. 153

      Funds subject to 2 percent transfer to the State's Safety Program under 23 U.S.C. 402: National Highway Performance Program (NHPP), Surface Transportation Program (STP), and Highway Safety Improvement Program (HSIP).

      New Hampshire

    2. Open Container Requirements – 23 U.S.C. 154

      Funds subject to 2.5 percent transfer to the State’s Safety Program under 23 U.S.C. 402 or use for HSIP under 23 U.S.C. 148: NHPP and STP.

      Alaska, Arkansas, Connecticut, Delaware, Louisiana, Mississippi, Missouri, Puerto Rico*, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming

      Note: To avoid a transfer on October 1, 2012, the National Highway Traffic Safety Administration (NHTSA) must receive from the State by September 30, 2012, a certificate and laws that conform with 23 U.S.C. 154 programs implementing regulations.

    3. National Minimum Drinking Age – 23 U.S.C. 158

      Funds subject to 8 percent withholding: NHPP and STP

      Puerto Rico*

    4. Repeat Offenders – 23 U.S.C. 164

      Funds subject to 2.5 percent transfer to the State’s Safety Program under 23 U.S.C. 402 or use for HSIP under 23 U.S.C. 148: NHPP and STP.

      Alaska, California, Connecticut, Louisiana, Maryland, Minnesota, Missouri, Montana, New Mexico, Ohio, Oregon, Puerto Rico*, Rhode Island, South Dakota, Vermont, Washington, Wisconsin, and Wyoming

      Note: The above list of States potentially subject to penalty does not take into account amendments made to 23 U.S.C. 164 by MAP-21. The States subject to penalty may change based on NHTSA and FHWA review of State laws in light of the amendments made by MAP-21.

    5. Transportation Management Area (TMA) Certification – 23 U.S.C. 134(k)

      Funds subject to up to 20 percent withholding: apportioned funds under 23 U.S.C. and chapter 53 of 49 U.S.C. attributable to the metropolitan planning area of the metropolitan planning organization that does not have a certified metropolitan planning process.

      California (Imperial County)

  3. Are there obligation controls? Yes. The obligation limitation associated with the funds transferred pursuant to 23 U.S.C. 153, 23 U.S.C. 154, and 23 U.S.C. 164 is subject to obligation controls in force at the time of the transfer.

  4. What are the anticipated FY 2013 apportionments? The following table shows the FY 2013 anticipated apportionment amounts effective on October 1, 2012. The table shows the anticipated apportionments of NHPP, STP, HSIP, Congestion Mitigation and Air Quality Improvement Program, Metropolitan Planning, and Transportation Alternatives.

  5. What action is required? Division Administrators should ensure that this Notice is provided to State departments of transportation.

Attachment

Table

 

signature: Victor M. Mendez

Victor M. Mendez
Administrator

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