This Directive was Canceled June 23, 1999.

U.S. Department of Transportation
Federal Highway Administration

NOTICE

1. PURPOSE. To transmit the certificate of apportionment of the $160 million of Rail-Highway Crossings on any Public Road funds authorized for FY 1991 pursuant to the Surface Transportation and Uniform Relocation Assistance Act of 1987 (P.L. 100-17) for projects under Section 130 of Title 23, United States Code. The apportionment is effective October 1, 1990.

2. AVAILABILITY

   1. Funds resulting from this apportionment are available for obligation October 1, 1990, and are subject to obligation control procedures in force at the time of obligation.

   2. The funds resulting from this apportionment are subject to lapse on September 30, 1994, if they have not been obligated for projects.

   3. The apportioned amounts do not include reductions that would result from a sequester under Gramm-Rudman-Hollings Acts, P.L. 99-117 and P.L. 100-119. The President's initial sequester order indicates a 32.4 percent sequestration would be required to meet deficit reduction targets. Therefore, until a final determination has been made, an amount equal to 67.6 percent of the apportionment will be available.

3. ACTION. Division Administrators should ensure that copies of this Notice are furnished to State highway agencies.

To--

The Secretary of the Treasury of the United States and the State Highway Departments:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Federal-Aid Highway Act of 1987, title 23, United States Code, entitled "Highways", and delegation of authority from the Secretary of Transportation to the Federal Highway Administrator, section 1.48 of title 49, Code of Federal Regulations, I hereby certify--

First, that the Secretary of the Treasury has made the estimates required by section 950(d) of the Internal Revenue Code of 1986, and based on such estimates, I have determined that the amount which can be apportioned for the elimination of hazards of railway-highway crossings on any public road for the fiscal year ending September 30, 1991 is $160,000,000 which is 100 percent of the amount authorized to be appropriated for that purpose for that fiscal year pursuant to section 106(a)(13) of the Federal-Aid Highway Act of 1987.

Second, 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 percent from the sum of $160,000,000 authorized to be appropriated for the fiscal year ending September 30, 1991, and I have deducted said 2.3 percent.

Third, that pursuant to section 307 of title 23, United States Code, I have set aside one-quarter per centum from the sum of $160,000,000 authorized to be appropriated for the fiscal year ending September 30, 1991, to carry out the Strategic Highway Research Program under section 307(d) of title 23, United States Code.

Fourth, that I have set aside $250,000 from the sum of $160,000,000 authorized to be appropriated for the fiscal year ending September 30, 1991 to carry out a national public information program to educate the public of the inherent hazards at railway-highway crossings.

Fifth, that after making said deduction and set-asides, I have computed the apportionment among the States, the District of Columbia, and the Commonwealth of Puerto Rico of the remainder of the amount authorized to be appropriated by section 106(a)(13) of the Federal-Aid Highway Act of 1987, for the fiscal year ending September 30, 1991, in the manner provided by law and in accordance with section 130 of title 23, United States Code.

Sixth, that pursuant to the Gramm-Rudman-Hollings Act, P.L. 100-119, 32.4 percent 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.

Seventh, that subject to the Gramm-Rudman-Hollings Act the sums which are hereby apportioned and made available to each State, the District of Columbia, 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.

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