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, pursuant to the Highway and Transportation Funding Act of 2014 (Extension Act), Public Law 113-159, as amended by the Highway and Transportation Funding Act of 2015, Pub. L. 114-21, and the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, Pub. L. 114-41, for the period beginning on October 1, 2015, and ending on October 29, 2015. The anticipated apportionment amounts are subject to change before issuing the certificate of apportionment, which is effective on October 1, 2015.

2. Does this Notice cancel FHWA Notice 4510.787? Yes, this Notice cancels FHWA Notice 4510.787, Advance Notification of Federal-aid Highway Funds to be Apportioned for Fiscal Year (FY) 2016, dated July 1, 2015. The revisions to this Notice reflect the extension of the Federal-aid highway program through October 29, 2015, and identify which States are anticipated to have apportioned funds transferred or withheld in FY 2016 due to penalties. In addition, the revisions describe the set-aside from the transportation alternatives funding for the recreational trails program and inform 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., provides for a set-aside from each State’s transportation alternatives funding for the recreational trails program. The full-year 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., 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 the period beginning on October 1, 2015, and ending on October 29, 2015, will be effective on October 1, 2015, a State must make notification of its decision to opt out by September 1, 2015. Any State that desires to opt out of the recreational trails program set-aside for FY 2016 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, 2015. 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, 2015.

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, Hawaii, Louisiana, Maine, Mississippi, Missouri, Ohio, Puerto Rico*, Tennessee, Virginia, and Wyoming

   Note: To avoid a transfer on October 1, 2015, the National Highway Traffic Safety Administration (NHTSA) must receive from the State by September 30, 2015, 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.

   Alabama, Alaska, California, Delaware, Hawaii, Indiana, Louisiana, Minnesota, Montana, New Mexico, North Dakota, Ohio, Oregon, Puerto Rico*, Rhode Island, South Dakota, Vermont, and Wyoming

   Note: To avoid a transfer on October 1, 2015, NHTSA must receive from the State by September 30, 2015, a certificate and laws that conform to
   23 U.S.C.164 programs implementing regulations.

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 2016 apportionments for the period beginning on October 1, 2015, and ending on October 29, 2015? The following table shows the FY 2016 anticipated apportionment amounts effective on October 1, 2015, for the period beginning on October 1, 2015, and ending on October 29, 2015. The table shows the anticipated apportionments of NHPP, STP, HSIP, Railway-Highway Crossings Program, Congestion Mitigation and Air Quality Improvement Program, and Metropolitan Planning Program.

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, 2015, of any decision to opt out of the recreational trails set-aside for FY 2016.

Attachment

UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

ADVANCE NOTICE OF ANTICIPATED FEDERAL-AID HIGHWAY PROGRAM APPORTIONMENTS FOR THE
PERIOD BEGINNING ON OCTOBER 1, 2015, AND ENDING ON OCTOBER 29, 2015, PURSUANT
TO THE HIGHWAY AND TRANSPORTATION FUNDING ACT OF 2014, AS AMENDED
(before post-apportionment setasides; before penalties; before sequestration)