U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000


Skip to content U.S. Department of Transportation/Federal Highway AdministrationU.S. Department of Transportation/Federal Highway Administration

Home / Resources / Legislation, Regulations and Guidance / Directives / Notices / N4510.763

Resources - Legislation, Regulations and Guidance

This directive was canceled July 18, 2013.

DOT logo
U.S. Department
of Transportation
Federal Highway
Administration

Notice
black line
Subject
Revised Apportionment of Federal-Aid Highway Program Funds for Fiscal Year (FY) 2013
black line
Classification Code Date Office of Primary Interest
N 4510.763 April 24, 2013 HCFB-1

  1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment for apportioned Federal-aid highway program funds authorized for FY 2013 pursuant to the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law (Pub. L.) 112-141, and the Consolidated and Further Continuing Appropriations Act, 2013, Pub. L. 113-6. The apportionments made available by this Notice are for the following programs: National Highway Performance Program, Surface Transportation Program, Highway Safety Improvement Program, Railway-Highway Grade Crossings Program, Congestion Mitigation and Air Quality Improvement Program, and the Metropolitan Planning Program. The apportionments are effective immediately.

  2. Does this Notice cancel FHWA Notice 4510.759? Yes, this Notice cancels FHWA Notice 4510.759, Apportionment of Federal-aid Highway Program Funds for Fiscal Year (FY) 2013, dated October 1, 2012. The revision to the apportionment is required pursuant to the across-the-board rescission contained in section 3004 of Pub. L. 113-6 (see paragraph 4g of this Notice).

  3. What is the availability of these funds?

    1. The funds resulting from this apportionment are available for obligation until September 30, 2016. Any amounts not obligated by the State on or before September 30, 2016, shall lapse.

    2. The funds resulting from this apportionment are available for obligation immediately and shall be subject to obligation controls in force at the time of obligation.

    3. The Federal share payable shall be in accordance with section 120 of title 23, United States Code (U.S.C.), except as provided by another provision of law.

    4. The program codes to be used when obligating these funds were provided in a separate memorandum.

  4. How were the State-by-State and program-by-program amounts determined?

    1. Section 1101(a)(1) of MAP-21 authorizes a total of $37,476,819,674 for the Federal-aid highway apportioned programs.

    2. Pursuant to section 104(c) of title 23, U.S.C., the combined FY 2013 apportionment for the National Highway Performance Program, Surface Transportation Program, Highway Safety Improvement Program, Congestion Mitigation and Air Quality Improvement Program, and the Metropolitan Planning Program for each State is equal to that State’s combined amount of apportionments received for FY 2012.*

    3. Pursuant to section 104(b)(4) of title 23, U.S.C., of the total amount apportioned to a State under section 104(c) of title 23, U.S.C., the amount distributed to the Congestion Mitigation and Air Quality Improvement Program is calculated by multiplying the total amount apportioned to the State by the ratio of the State’s FY 2009 apportionment for the Congestion Mitigation and Air Quality Improvement Program to the State’s total FY 2009 apportionments.

    4. Pursuant to section 104(b)(5) of title 23, U.S.C., of the total amount apportioned to a State under section 104(c) of title 23, U.S.C., the amount distributed to the Metropolitan Planning Program is calculated by multiplying the total amount apportioned to the State by the ratio of the State’s FY 2009 apportionment for the Metropolitan Planning Program to the State’s total FY 2009 apportionments.

    5. After distributing the amounts to the Congestion Mitigation and Air Quality Improvement Program and the Metropolitan Planning Program, pursuant to paragraphs (1) through (3) of section 104(b) of title 23, U.S.C., the remainder of the total amount apportioned to a State under section 104(c) of title 23, U.S.C., is distributed in the following proportions: 63.7 percent for the National Highway Performance Program, 29.3 percent for the Surface Transportation Program, and 7 percent for the Highway Safety Improvement Program.

    6. Section 130(e) of title 23, U.S.C., instructs that a total of $220 million shall be set aside from the Highway Safety Improvement Program prior to the apportionment of that program for the Railway-Highway Grade Crossings Program. The Railway-Highway Grade Crossings Program amount for each State is determined by distributing the $220 million total amount according to the formula in section 130(f) of title 23, U.S.C. The resulting Railway-Highway Grade Crossings Program amount for each State is then set aside from that State’s Highway Safety Improvement Program amount. A State’s official Highway Safety Improvement Program apportionment is the initial Highway Safety Improvement Program amount net of the Railway-Highway Grade Crossings Program set-aside amount.

    7. As required by section 3004 of Pub. L. 113-6, the Office of Management and Budget has determined that there is a 0.2 percent across-the-board rescission that applies to Federal-aid highway program contract authority subject to obligation limitation (both apportioned and allocated). Contract authority that is exempt from obligation limitation is not subject to the across-the-board rescission. Of the $37,476,819,674 in total apportioned contract authority, $36,837,819,674 is subject to obligation limitation and $639,000,000 is exempt from obligation limitation. The rescission has been made on a proportional basis, with a total proportional reduction of $73,675,639 ($36,837,819,674 times 0.2 percent) applied to the apportionments subject to obligation limitation under this Notice. The net amount apportioned by this Notice after the across-the-board rescission is $37,403,144,035.

    8. Table 1 shows the State-by-State, program-by-program FY 2013 apportionment amounts (after the 0.2 percent across-the-board rescission, before post-apportionment set-asides, and before penalties) available under MAP-21 and the Consolidated and Further Continuing Appropriations Act, 2013.

  5. Are certain States subject to penalties? Yes. Currently, the States that are listed under the following requirements are subject to penalties as determined by the National Highway Traffic Safety Administration. The penalty funds for a State will be reserved and then, in the proportions elected by the State, released for use on eligible Highway Safety Improvement Program activities under section 148 of title 23, U.S.C., or transferred to the State’s safety program under section 402 of title 23, U.S.C.

    1. Open Container Requirements - 23 U.S.C. 154 - 2.5 percent

      Funds subject to penalty: National Highway Performance Program and Surface Transportation Program.

      Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Indiana, Louisiana, Maine, Maryland, Mississippi, Missouri, Nevada, New Mexico, North Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming

      The penalties under section 154 of title 23, U.S.C., for Indiana and New Mexico are subject to an administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration; the penalty amount for each of the two States will be reserved pending the completion of the administrative review and then either administered under the provisions of section 154 or restored to the State’s apportionments depending on the outcome of that process.

      Table 2 shows the penalty amounts under section 154 of title 23, U.S.C., subject to section 154(c)(5), which allows a State to designate how the total penalty amount is to be derived from the National Highway Performance Program and the Surface Transportation Program.

    2. Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence - 23 U.S.C. 164 - 2.5 percent

      Funds subject to penalty: National Highway Performance Program and Surface Transportation Program.

      Alaska, Arizona, California, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maryland, Minnesota, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wyoming

      The penalty under section 164 of title 23, U.S.C., for Indiana is subject to an administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration; the penalty amount for the State will be reserved pending the completion of the administrative review and then either administered under the provisions of section 164 or restored to the State’s apportionments depending on the outcome of that process.

      Table 3 shows the penalty amounts under section 164 of title 23, U.S.C., subject to section 164(c)(5), which allows a State to designate how the total penalty amount is to be derived from the National Highway Performance Program and the Surface Transportation Program.

  6. What other amounts are related to these apportionments? Supplementary tables showing other amounts related to these apportionments will be issued at a later date via a separate notice. The amounts shown in the supplementary tables will include set-asides (State Planning & Research, Transportation Alternatives Program, etc.), suballocations for the Surface Transportation Program and the Transportation Alternatives Program, and various limiting amounts.

  7. Does this Notice reflect the impact of sequestration? No, the amounts apportioned under this Notice are prior to any sequestration of funds. Of the amounts apportioned under this Notice, only $639,000,000 in National Highway Performance Program funds exempt from the obligation limitation is subject to sequestration. For further details, see FHWA Notice N4510.762, Sequestration of Highway Funds for Fiscal Year (FY) 2013, dated March 22, 2013, which notifies the State of the impact of the sequestration on highway funds for FY 2013.

  8. What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.

Signature of Victor M. Mendez
Victor M. Mendez
Administrator

Attachments


* The sum of the States’ combined FY 2012 apportionments exceeds the total amount of $37,476,819,674 authorized by MAP-21 for the Federal-aid highway apportioned programs for FY 2013. Therefore, it is necessary to proportionally reduce the FY 2013 apportionments for the States in order to not exceed the MAP-21 authorization.

Best for printing: n4510763.pdf (745 KB)

To view PDF files, you can use the Acrobat® Reader®.



CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $37,403,144,035 AUTHORIZED TO BE APPROPRIATED FOR APPORTIONED FEDERAL-AID HIGHWAY PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013

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 Moving Ahead for Progress in the 21st Century Act, title 23 of the United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator under section 1.85 of title 49 of the 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 Federal-aid highway program under the Moving Ahead for Progress in the 21st Century Act, Public Law 112-141, and the Consolidated and Further Continuing Appropriations Act, 2013, Public Law 113-6, is $37,403,144,035, which is 100 percent of the amount authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for Fiscal Year 2013 (as reduced by the across-the-board rescission in section 3004 of Public Law 113-6).

Second, that I have computed the apportionment to each State and the District of Columbia of the amounts authorized to be appropriated for the apportioned Federal-aid highway programs and further computed the distribution among the programs within each State and the District of Columbia in the manner provided by law.

Third, that in compliance with section 154 of title 23, United States Code, the Open Container Requirements, 2.5 percent of the National Highway Performance Program and Surface Transportation Program apportionments for the States of Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Indiana, Louisiana, Maine, Maryland, Mississippi, Missouri, Nevada, New Mexico, North Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming will be reserved for release for use on eligible Highway Safety Improvement Program activities or transfer to the States’ 402 Safety Programs (except that the penalty amounts for Indiana and New Mexico will be reserved pending the outcome of the administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration).

Fourth, 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, 2.5 percent of the National Highway Performance Program and Surface Transportation Program apportionments for the States of Alaska, Arizona, California, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maryland, Minnesota, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wyoming will be reserved for release for use on eligible Highway Safety Improvement Program activities or transfer to the States’ 402 Safety Programs (except that the penalty amount for Indiana will be reserved pending the outcome of the administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration).

Fifth, subject to the above-mentioned penalties, that the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:


Page last modified on April 25, 2013.
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000