1. PURPOSE. To transmit the certificate of apportionment pursuant to the provision of Title 23, U.S.C., Section 157(g)(3)(A) and the Transportation Equity Act for the 21^st Century (TEA-21) Restoration Act, Section 1403(a).

2. BACKGROUND. Title 23 U.S.C., Section 157 provides funds for allocations to States whose seat belt use rate is greater than the national average or whose seat belt use rate in the previous year was higher than the State's "base seat belt use rate." Title 23 U.S.C., Section 157(g)(3) further requires that in FY 1999, any funds remaining unallocated after all eligible States have received allocations under the Seat Belt Safety Incentive Grant Program, (1) shall be apportioned in accordance with Title 23, U.S.C., Section 104(b)(3); (2) shall be considered to be sums made available for expenditure on the surface transportation program, except that the amounts shall not be subject to Section 133(d); and, (3) shall be available for any purpose eligible for funding under Section 133.

3. AVAILABILITY

   1. The funds resulting from this apportionment are available for obligation until September 30, 2002. Any amounts not obligated by the State on or before September 30, 2002, 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 80 percent or 90 percent if used on the Interstate System (except for adding lanes which are not high occupancy lanes or auxiliary lanes), with sliding scale rates not to exceed 95 percent.

   4. The appropriation code is Q04, and the project number prefix is SBS.

4. OBLIGATION LIMITATION. The apportionment of these funds result in an increase to the FY 1999 formula obligation limitation. The amount of FY 1999 formula obligation limitation distributed to each State is also shown on the Attachment.

5. ACTION. Division Administrators should ensure that copies of this Notice are furnished to State Transportation Agencies.

Kenneth R. Wykle Federal Highway Administrator

Attachment

TO--

The Secretary of the Treasury of the United States and the State Agencies responsible for the Seat Belt Safety Incentive Grant Program:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Transportation Equity Act for the 21st Century, 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 by section 9503(d) of the Internal Revenue Code of 1986 and based on that estimate, I have determined that the amount which can be apportioned from the funds made available under the Seat Belt Safety Incentive Grant Program for the fiscal year ending September 30, 1999, after allocating funds to States pursuant to title 23, United States Code 157(c) is $19,758,000 as determined in accordance with section 157(g)(3) of title 23, United States Code (section 1403(a) of the Transportation Equity Act for the 21st Century).

Second, I have computed the apportionment among the several States and the District of Columbia of the amounts authorized from the Seat Belt Safety Incentive Grant Program in the manner provided by law in accordance with the formula set forth in section 157(g)(3)(A)(i) of title 23, United States Code.

Third, that the sums which are hereby apportioned to each State and the District of Columbia, effective immediately are respectively as follows:

APPROVED EFFECTIVE August 30, 1999 Original signed by, Kenneth R. Wykle FEDERAL HIGHWAY ADMINISTRATOR