U.S. Department of Transportation Federal Highway Administration	Notice Subject REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2001 SURFACE TRANSPORTATION PROGRAM FUNDS
	Classification Code N 4510.453	Date September 7, 2001	Office of Primary Interest HABF-10

1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Surface Transportation Program funds authorized for FY 2001 pursuant to the Transportation Equity Act for the 21^st Century (TEA-21) Restoration Act. The apportionment is effective immediately.
   
   
2. Does this Notice cancel FHWA Notice 4510.439? Yes, this Notice cancels FHWA Notice 4510.439, Apportionment of Fiscal Year (FY) 2001 Surface Transportation Funds, dated October 1, 2000. The revisions to the apportionment are minimal and were required to reflect adjustments in Highway Trust Fund contributions based on corrections resulting from the over and under reporting of 1998 motor fuel data (the most current data upon which FY 2001 apportionments are based). United States Comptroller General decisions require that incorrect apportionments need to be appropriately adjusted to assure compliance with the statutory formula for apportioning Federal Highway funds enacted by Congress. Comptroller General opinion B-275490 (December 5, 1996); 41 Comp. Gen. 16 (1961).
   
   
3. What is the availability of these funds?
   
   
   1. The Surface Transportation Program funds resulting from this apportionment are available for obligation until September 30, 2004. Any amounts not obligated by the State on or before September 30, 2004, 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 Federal participating rate for these funds is 80 percent or 90 percent if used on the Interstate System (except for adding lanes that are not high-occupancy lanes or auxiliary lanes), with sliding scale rates not to exceed 95 percent.
      
      
   4. Funds will be transferred from the revised apportionment (table 1) to those States' 402 Safety Program for those States that failed to meet the provisions of Title 23, U.S.C., 154, Open Container Requirements (1.5 percent) and Title 23, U.S.C., 164, Minimum Penalties for Repeat Offenders (1.5 percent). Tables 2 and 3 illustrate the revised amounts to be transferred under sections 154(c)(5) and 164(b)(5). Table 4 illustrates the revised total amount to be transferred.
      
      
   5. Supplementary tables providing the sub-allocations of these funds will be issued in a separate Notice.
      
      
4. What action is required? Division Administrators should ensure that copies of this Notice are provided to State Departments of Transportation.

   

   Vincent F. Schimmoller
   Deputy Executive Director

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $5,702,651,000
FOR THE SURFACE TRANSPORTATION PROGRAM
AUTHORIZED TO BE APPROPRIATED
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001

TO --

The Secretary of the Treasury of the United States and the State Transportation Agencies:

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 that can be apportioned for the Surface Transportation Program for the fiscal year ending September 30, 2001, is $5,702,651,000, which is 100 percent of the amount authorized to be appropriated for that Program for that fiscal year pursuant to section 1101(a)(4) of the Transportation Equity Act for the 21st Century.

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, United States Code, to deduct 1.50 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2001, for the Surface Transportation Program, and I have deducted said 1.50 percent from the sum of $5,702,651,000 authorized to be appropriated for the fiscal year ending September 30, 2001, by section 1101(a)(4) of the Transportation Equity Act for the 21st Century.

Third, that in compliance with section 104(f) 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 percent of the sums remaining from the authorization of $5,702,651,000 for the fiscal year ending September 30, 2001, for the purpose of carrying out section 134 of Title 23, United States Code.

Fourth, that pursuant to sections 104(d)(1) and 104(d)(2) of Title 23, United States Code, I have set aside $5,750,000 in total from the sums authorized to be appropriated for the fiscal year ending September 30, 2001, for the Surface Transportation Program by section 1101(a)(4) of the Transportation Equity Act for the 21st Century to carry out sections 104(d)(1) and 104(d)(2) of Title 23, United States Code.

Fifth, that pursuant to sections 140(b) and 140(c) of Title 23, United States Code, I have set aside $20,000,000 in total from the sums authorized to be appropriated for the fiscal year ending September 30, 2001, for the Transportation Equity Act for the 21st Century to carry out sections 140(b) and 140(c) of Title 23, United States Code.

Sixth, that under the provisions of section 154(c) of Title 23, United States Code, the Open Container Requirement law, 1.5 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Montana, New Mexico, Tennessee, Texas, Vermont, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of Title 23, United States Code, subject to a determination by the States in accordance with Title 23, United States Code, section 154(c)(5).

Seventh, that under the provisions of section 164(b) of Title 23, United States Code, the minimum penalties for repeat offenders for driving while intoxicated or driving under the influence law, 1.5 percent of the amount required to be apportioned to Alaska, California, Connecticut, Delaware, Georgia, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, West Virginia, Wisconsin, and Wyoming will be transferred to the apportionment of the State under section 402 of Title 23, United States Code, subject to a determination by the States in accordance with Title 23, United States Code, section 164(b)(5).

Eighth, that after making the deductions and set asides, I have computed the apportionment to each State and the District of Columbia of the remainder of the amount authorized to be appropriated for the Surface Transportation Program in the manner provided by law in accordance with the formula in section 104(b)(3) of Title 23, United States Code.

Ninth, that subject to the foregoing deductions and set asides, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows.

TABLE 1

U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

APPORTIONMENT OF FUNDS FOR
SURFACE TRANSPORTATION PROGRAM
AUTHORIZED FOR FISCAL YEAR 2001

APPROVED EFFECTIVE September 7, 2001

Vincent F. Schimmoller
Deputy Executive Director

TABLE 2

REVISED TRANSFERS ASSESSED PURSUANT TO 23 U.S.C. 154
(Open Container Requirements)
FOR THE NATIONAL HIGHWAY SYSTEM,
SURFACE TRANSPORTATION PROGRAM,
AND INTERSTATE MAINTENANCE PROGRAMS
AUTHORIZED FOR FY 2001

TABLE 3

REVISED TRANSFERS ASSESSED PURSUANT TO 23 U.S.C. 154
(Open Container Requirements)
FOR THE NATIONAL HIGHWAY SYSTEM,
SURFACE TRANSPORTATION PROGRAM,
AND INTERSTATE MAINTENANCE PROGRAMS
AUTHORIZED FOR FY 2001

TABLE 4

REVISED AMOUNT RESERVED FOR TRANSFER TO
THE 402 SAFETY PROGRAM FOR
INTERSTATE MAINTENANCE, NATIONAL HIGHWAY SYSTEM,
SURFACE TRANSPORTATION PROGRAM, MINIMUM GUARANTEE AUTHORIZED FOR FY 2001