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 and Memorandum / Notices

This directive was canceled October 25, 2013.

Notice
Subject
Apportionment of Federal-Aid Highway Program Funds for Fiscal Year (FY) 2014
Classification Code Date Office of Primary Interest
N 4510.768 October 1, 2013 HCFB-1

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment for apportioned Federal-aid highway program funds authorized for FY 2014 pursuant to the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law (Pub. L.) 112-141. 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. What is the availability of these funds?

    1. The funds resulting from this apportionment are available for obligation until September 30, 2017. Any amounts not obligated by the State on or before September 30, 2017, 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. Program codes to be used when obligating these funds were provided in a program code memorandum on September 27, 2012. In addition, the program code to be used when obligating the High Risk Rural Road Special Rule set-aside is MS60.

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

    1. Section 1101(a)(1)(B) of MAP-21 authorizes a total of $37,798,000,000 for the Federal-aid highway apportioned programs.

    2. Pursuant to section 104(c)(2) of title 23, U.S.C., the combined FY 2014 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 determined as follows:

      1. (1) The initial amount for a State is calculated by multiplying the total amount available for apportionment in FY 2014 by the ratio of that State's FY 2012 combined amount of apportionments to the total FY 2012 combined amount of apportionments.

      2. (2) The initial amounts are then adjusted to ensure that each State's combined amount of apportionments is not less than 95 percent of the estimated tax payments attributable to highway users in that State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data is available.

    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)(2) 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)(2) 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)(2) 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. Table 1 shows the State-by-State, program-by-program apportionment amounts (before post-apportionment set-asides and before penalties) available under MAP-21 for FY 2014.

  4. Are certain States subject to penalties? Yes. Currently, the States that are listed under the following requirements are subject to penalties. 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.

      Alabama, Alaska, Arkansas, Connecticut, Delaware, Hawaii, Louisiana, Maine, Mississippi, Missouri, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming

      The penalty under section 154 of title 23, U.S.C., for Alabama is subject to an administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration; the penalty amount for Alabama 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.

      Alabama, Alaska, Arkansas, California, Hawaii, Idaho, Indiana, Louisiana, Maryland, Minnesota, Montana, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, and Wyoming

      The penalties under section 164 of title 23, U.S.C., for Alabama, Arkansas, North Dakota, Tennessee, and Washington 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 preceding States 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.

  5. 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.

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

 

signed

Victor M. Mendez
Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $37,798,000,000
AUTHORIZED TO BE APPROPRIATED FOR APPORTIONED FEDERAL-AID HIGHWAY
PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014

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, is $37,798,000,000, 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 2014.

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 Alabama, Alaska, Arkansas, Connecticut, Delaware, Hawaii, Louisiana, Maine, Mississippi, Missouri, 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 amount for Alabama 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 Alabama, Alaska, Arkansas, California, Hawaii, Idaho, Indiana, Louisiana, Maryland, Minnesota, Montana, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Tennessee, 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 amounts for Alabama, Arkansas, North Dakota, Tennessee, and Washington 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:

Table 1
Table 2
Table 3

Best for printing: n4510768.pdf (903 KB)

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

Page posted on October 2, 2013.
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000