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Notice
Subject
Revised Advance Notification of Federal-Aid Highway Funds to be Apportioned for Fiscal Year (FY) 2013
Classification Code Date Office of Primary Interest
N 4510.755 August 3, 2012 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. Does this Notice cancel FHWA Notice 4510.751? Yes, this Notice cancels FHWA Notice 4510.751, Advance Notification of Federal-aid Highway Funds to be Apportioned for Fiscal Year (FY) 2013, dated July 19, 2012. The revision to this Notice describes the set-aside from the transportation alternatives funding for the recreational trails program and informs States of the procedures to opt out of the set-aside (see paragraph 3 of this Notice).
  3. What are the procedures for opting out of the recreational trails program set-aside?

    1. Section 213(f) of title 23, U.S.C., as amended by MAP-21, provides for a set-aside from each State's transportation alternatives funding for the recreational trails program. The amount of the set-aside is equal to each State's FY 2009 apportionment for the recreational trails program. Each State subject to the set-aside must return 1 percent of the set-aside funds to the Secretary for administration, and these States must also comply with the provisions for the administration of the recreational trails program under section 206 of title 23, U.S.C.

    2. Section 213(g) of title 23, U.S.C., as amended by MAP-21, allows a State to opt out of the recreational trails program set-aside. In order to opt out of the set-aside a State must inform the Federal Highway Administration (FHWA) of its decision to opt out no later than 30 days prior to apportionments being made for a fiscal year. Since apportionments for FY 2013 will be effective on October 1, 2012, a State must make notification of its decision to opt out by September 1, 2012. Any State that desires to opt out of the recreational trails program set-aside shall notify FHWA via e-mail, with a letter signed by the Governor or the Governor's designee accompanying the opt-out notification, to the FHWA Office of Budget's official mailbox (BudDiv@dot.gov) no later than September 1, 2012. Note that failure to affirmatively opt out by the deadline will result in the recreational trails set-aside being applied to a State's transportation alternatives funding.

  4. 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).

      NewHampshire

    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 to 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)

  5. 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.

  6. 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. 

  7. What action is required?

    1. Division Administrators must ensure that this Notice is provided to State departments of transportation.

    2. A State shall notify FHWA no later than September 1, 2012, of any decision to opt out of the recreational trails set-aside.


* Puerto Rico highway program funds are no longer apportioned. Section 165 of title 23, U.S.C., states that, for the purpose of imposing penalties, such funds will be treated as being apportioned under 23 U.S.C. 104(b) and 144 (as in effect for FY 1997) in the same proportions as Puerto Rico's FY 1997 apportionments. Funds treated as being apportioned for the national highway system, STP, and Interstate maintenance program shall be deemed to have been apportioned 50 percent for NHPP and 50 percent for STP.

Attachment

 

Signature: Victor M. Mendez, Administrator

Victor M. Mendez
Administrator

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