1. PURPOSE. To transmit the revised certificate of apportionment of Interstate Maintenance funds authorized for FY 1996 pursuant to the Intermodal Surface Transportation Efficiency Act of 1991. This Notice revises Notice 4510.344 dated November 29, 1995, pursuant to Comptroller General opinion B-275490 (December 5, 1996). On December 24, 1996, revised FY 1994 Highway Trust Fund income statements were received from the Department of the Treasury. The apportionment is effective immediately.

2. AVAILABILITY

   1. The Interstate Maintenance funds resulting from this apportionment are available for obligation until September 30, 1999. Any amounts not obligated by the State on or before September 30, 1999, shall lapse.

   2. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.

   3. The participating rate for these funds is 90 percent with sliding scale rates not to exceed 95 percent.

   4. The appropriation code is 04M, and the project number prefix is IM.

   5. Funds are being withheld from the apportionment for Puerto Rico which failed to meet the provisions of 23 U.S.C. 158, National Minimum Drinking Age.

   6. The authorization of this apportionment has been reduced by 13.35402537 percent to comply with section 1003(c) of P.L. 102-240.

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

Attachment

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 Intermodal Surface Transportation Efficiency Act of 1991, 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 the Treasury has made the estimate required be section 9503(d) of the Internal Revenue Code of 1986 and based on that the estimate, I have determined that the amount which can be apportioned for the Interstate Maintenance Program for the fiscal year ending September 30, 1996, is $2,524,863,701 which is 100 per centum of the amount authorized to be appropriated for that Program for that fiscal year pursuant to section 1003(a)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 after taking a proportionate reduction as required by section 1003(c) of such statute.

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 3.75 per centum from the amount authorized to be appropriated for the fiscal year ending September 30, 1996, for the Interstate Maintenance Program and I have deducted said 3.75 per centum from the sum of $2,524,863,701 authorized to be appropriated for the fiscal year ending September 30, 1996, by section 1003(a)(1) of the Intermodal Surface Transportation Efficiency Act of 1991.

Third, that in compliance with section 104(f)(1) of title 23, United States Code, and after making the deduction authorized by section 104(a) of title 23, United States Code, I have deducted one per centum of the sum remaining from the authorization of $2,524,863,701 for the fiscal year ending September 30, 1996, for the purpose of carrying out section 134of title 23, United States Code.

Fourth, 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 the Interstate Maintenance Program has been withheld from apportionment and transferred to the Interstate 4R discretionary fund administered under section 118(b) of title 23, United States Code.

Fifth, that after making the deductions and withholding, 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 the Interstate Maintenance Program 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.

Sixth, that such sums are adjusted as required by section 1003(c) of Public Law 102-240.

Seventh, that subject to the foregoing deductions and withholding, the sums which are hereby apportioned to each State, the District of Columbia and the Commonwealth of Puerto Rico, effective immediately are respectively as follows: