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Classification Code Date  
N 4510.336 June 30, 1995  

  1. PURPOSE. To notify States, as required by 23 U.S.C. 104(e) , of the amount of funds to be apportioned under 23 U.S.C. 104 effective October 1, 1995. Also, to provide anticipated apportionments for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) under 23 U.S.C. 144.


    1. It should be noted that the anticipated apportionment amounts are subject to change prior to the issuance of the certificate of apportionment and the penalties under 23 U.S.C., where applicable, will be assessed when the certificate of apportionment is signed. Currently, the following States are subject to a potential withholding of apportionment and/or reservation of funds on October 1, 1995, as indicated:

        (1) National Minimum Drinking Age - 23 U.S.C. 158

        Funds subject to withholding: National Highway System (NHS) , Interstate Maintenance (IM), and Surface Transportation Program (STP)

        Puerto Rico

        (2) Revocation of suspension of drivers' licenses of individuals convicted of drug offenses - 23 U.S.C. 159

        Funds subject to withholding: IM, NHS, and STP

        Arizona Massaschusetts
        California Missouri
        Florida New Jersey
        Georgia New York
        Hawaii North Carolina
        Indiana Utah

        (3) Use of Safety Belts and Motorcycle Helmets - 23 U.S.C. 153

        Funds subject to withholding: NHS, Congestion Mitigation and Air Quality Improvement Program (CMAQ), and STP

        Alaska Iowa Oklahoma
        Arizona Kansas Rhode Island
        Colorado Maine South Carolina
        Connecticut Minnesota South Dakota
        Delaware Montana Utah
        Hawaii New Hampshire Wisconsin
        Idaho New Mexico Wyoming
        Illinois North Dakota  
        Indiana Ohio  

        (4) Vehicle Weight Limitation - 23 U.S.C. 127

        Fund subject to withholding: NHS

        Ohio North Carolina

    2. Anticipated amounts available to be transferred into STP from Apportionment Adjustment funds (Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) , Section 1015) are not included in this Notice because the factors cannot be computed prior to September 30, 1995.

    3. Section 1003(c) of the ISTEA requires that each authorization be reduced proportionately so that the total for FY 1992 through FY 1996 equals $98.642 billion. The FHWA currently estimates that all FY 1996 authorizations including Minimum Allocation, Hold Harmless, Donor State Bonus, etc., will have to be reduced by about 20 percent (or $4.2 billion) to comply with Section 1003(c).

    4. Amounts authorized for National Highway System and Interstate Maintenance for FY 1996 may not be apportioned if the NHS bill is not passed by the end of FY 1995.

    5. Section 1054 of ISTEA permits States to use Temporary Matching Fund Waiver provisions through September 30, 1993. No repayment was received from the States of Louisiana, Maine, New Mexico, Vermont or Puerto Rico prior to March 30, 1994. Therefore, a proportional reduction of Louisiana's, Maine's, New Mexico's, Vermont's and Puerto Rico's apportionments for FY 1996 will be made in lieu of repayment.

  3. ADVANCE NOTIFICATION. The attachment to this Notice shows the anticipated apportionments to be effective on October 1, 1995, of IM, NHS, HBRRP, STP, CMAQ, and Metropolitan Planning funds authorized for FY 1995. The amounts reflect the estimated reduction in authorizations that comply with Section 1003(c) of ISTEA.

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

Original signed by
Rodney E. Slater


Advance Notice of Anticipated Apportionment of Interstate Maintenance, Bridge Replacement & Rehabilitation, Surface Transportation, National Highway System, Congestion Mitigation/Air Quality and Metropolitan Planning Funds Authorized for FY 1996 (chart)

Page last modified on October 19, 2015
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