This Directive was Canceled June 23, 1999.
U.S. Department of Transportation
Federal Highway Administration
NOTICE
Attachment
TO--
The Secretary of the Treasury of the United States and the State Highway Departments:
Pursuant to the Federal-Aid Highway Act of 1956, as amended, section 9503 of the Internal Revenue Code of 1986, the Federal-Aid Highway Act of 1987, title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator in section 1.48, title 49, Code of Federal Regulations, I certify--
First, that the Secretary of Treasury has made the estimates required by section 9503(d) of the Internal Revenue Code of 1986 and based on those estimates, I have determined that the amount which can be apportioned for projects on the Interstate System for the fiscal year ending September 30, 1992, is $3,150,000,000 which is 100 per centum of the amount authorized to be appropriated for the Interstate System for that fiscal year pursuant to section 108(b) of the Federal-Aid Highway Act of 1956 and $2,815,000,000 which is 100 per centum of the amount authorized to be appropriated for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System for that fiscal year pursuant to section 106(a)(1) of the Federal-Aid Highway Act of 1987; I have determined that the amount which can be apportioned for projects on the Federal-Aid primary system in urban areas for the fiscal year ending September 30, 1991, is $2,373,777,301 which is, $2,325,000,000, 100 per centum of the amount authorized to be appropriated for the primary system for the fiscal year by section 106(a)(2) of the Federal-Aid Highway Act of 1987, plus $48,777,301 of the funds authorized by section 108(d) of the Highway Improvement Act of 1982; I have determined that the amount which can be apportioned for projects on the Federal-Aid secondary highway system in rural areas for the fiscal year ending September 30, 1991, is $600,000,000, which is 100 per centum of the amount authorized to be appropriated for the secondary system for that fiscal year by section 106(a)(3) of the Federal-Aid Highway Act of 1987; and I have determined that the amount which can be apportioned for projects on the Federal-Aid urban highway system for the fiscal year ending September 30, 1991, is $750,000,000 which is 100 per centum of the amount authorized to be appropriated for the urban system for that fiscal year by section 106(a)(4) of the Federal-Aid Highway Act of 1987.
Second, that pursuant to section 118(c)(1) of title 23, United States Code, I have set aside $300,000,000 from the sums authorized to be appropriated for the fiscal year ending September 30, 1992 for the Interstate System by section 108(b) of the Federal-Aid Highway Act of 1956 to carry out section 118(b)(2) of title 23, United States Code, and section 149(d) of the Federal-Aid Highway Act of 1987.
Third, that pursuant to section 118(c)(2) of title 23, United States Code, I have set aside $200,000,000 from the sums authorized to be appropriated for the fiscal year ending September 30, 1992, for the Interstate 4R program by section 106(a)(1) of the Federal-Aid Highway Act of 1987, to carry out section 118(b)(3) of title 23, United States Code, and section 149(d) of the Federal-Aid Highway Act of 1987.
Fourth, that in compliance with section 104(a) of title 23, United States Code, I have estimated that it will be necessary, for administering the provisions of title 23 and for highway research and studies, to deduct 2.3 per centum from certain of the amounts authorized to be appropriated for the fiscal year ending September 30, 1991, and September 30, 1992, for projects on the primary, secondary, urban, and Interstate System and I have deducted said 2.3 per centum from the sums of $2,325,000,000, $600,000,000 and $750,000,000 authorized to be appropriated for the fiscal year ending September 30, 1991, by section 106(a)(2), (3) and(4) of Federal-Aid Highway Act of 1987, and from the sums of $3,150,000,000 and $2,815,000,000 authorized to be appropriated for the fiscal yearending September 30, 1992, by section 108(b) of Federal-Aid Highway Act of 1956 and 106(a)(1) of Federal-Aid Highway Act of 1987.
Fifth, that in compliance with section 104(f)(1) of title 23, United States Code, and after making the deductions authorized by section 104(a) of title 23, United States Code, I have deducted one-half per centum of the sums remaining from the authorizations of $2,325,000,000, $600,000,000, $750,000,000, $3,150,000,000 and $2,815,000,000 for the fiscal years ending September 30, 1991 and 1992, for the purpose of carrying out section 134 of title 23, United States Code.
Sixth, that in compliance with section 307 of title 23, United States Code, I have set aside one-quarter per centum from the authorizations of $2,325,000,000 $600,000,000, $750,000,000, $3,150,000,000 and $2,815,000,000, for the fiscal years ending September 30, 1991 and September 30, 1992, for the purpose of carrying out the Strategic Highway Research Program under section 307(d) of title 23, United States Code.
Seventh, that 23 U.S.C. 154(f) provides that if the data submitted by State under 23 U.S.C. 154(e) shows that the percentage of motor vehicles exceeding 55 miles per hour on public highways with speed limits posted at 55 miles per hour in that State is greater than 50 percent of fiscal years subsequent to 1983 then that State's apportionment of Federal-Aid highway funds under 23 U.S.C. 104(b)(1), (b)(2) and (b)(6), (primary, secondary and urban funds) for the following year shall be reduced in an aggregate amount of up to 10 percent; that in the States of California, Connecticut, Maryland, Massachusetts and New Hampshire, based upon data for the period October 1, 1988, through September 30, 1989, the percentage of motor vehicles exceeding 55 miles per hour was greater than 50 percent and that 10 percent of the primary, secondary, and urban funds apportioned to California, Connecticut, Maryland, Massachusetts, and New Hampshire, under this certificate are reserved from obligation pending a final compliance and possible penalty determination for each State.
Eight, that under the provisions of section 158(a)(2) of title 23, United States Code, the national minimum drinking age law, 10 per centum of the amount required to be apportioned to the Commonwealth of Puerto Rico for Interstate 4R and the primary, secondary and urban system has been withheld from apportionment and lapsed except that withheld
Interstate 4R amount has been transferred to the Interstate 4R discretionary fund administered under section 118(b) oftitle 23, United States Code.
Ninth, that after making deductions, set-asides, reservations and withholdings, I have computed the apportionment among the several States and the District of Columbia of the remainder of the amounts authorized to be appropriated for the Interstate System in the manner provided by law in accordance with the formula in section 104(b)(5)(A) of title 23, United States Code and I have computed the apportionment among the several States, the District of Columbia, and the Commonwealth of Puerto Rico of the remainder of the amounts authorized to be appropriated for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System in the manner provided by law in accordance with the formula set forth in section 104(b)(5)(B) of title 23, United States Code, and I have computed the apportionment among the several States, the District of Columbia, the Territories, and the Commonwealth of Puerto Rico of the remainder of the amounts authorized to be appropriated for the primary system in the manner provided by law and in accordance with the formulas set in section 104(b)(1)of title 23, United States Code, and section 108 of Highway Improvement Act of 1982 and I have computed the apportionment among the several States, the District of Columbia, and the Commonwealth of Puerto Rico of the remainder of said amounts authorized to be appropriated for the secondary and urban systems in the manner provided by law and in accordance with the formulas set forth in section 104(b)(2) and (6) of title 23, United States Code, and I have computed the apportionment for the purpose of carrying out section 134 of title 23, United States Code, among the several States, the District of Columbia, and the Commonwealth of Puerto Rico in the manner provided by law and in accordance with the formula in section 104(f)(2) of title 23, United States Code.
Tenth, that pursuant to the Gramm-Rudman-Hollings Act, P.L. 99-177, as amended in P.L. 100-119, 32.4 per centum of the amount apportioned by this certificate is withheld and reserved from obligation pending a final determination of the amount to be withheld under that Act.
Eleventh, that subject to the foregoing deductions, withholdings, set-asides and reservations and subject to the Gramm-Rudman-Hollings Act, the sums which are hereby apportioned to each State, the District of Columbia, the Territories, and the Commonwealth of Puerto Rico, effective immediately are respectively as follows: [SEE PRINTED COPY OF NOTICE FOR A COPY OF SUMS]
This Directive was Canceled June 23, 1999.