This Directive was canceled December 27, 2001.

U.S. Department of Transportation Federal Highway Administration	Notice Subject
	TENTATIVE DISTRIBUTION OF REVENUE ALIGNED BUDGET AUTHORITY FUNDS FOR FISCAL YEAR (FY) 2002
	Classification Code	Date	Office of Primary Interest
	N 4510.467	November 2, 2001	HABF-10

1. What is the purpose of this Notice? ? This Notice transmits a tentative distribution of the Revenue Aligned Budget Authority (RABA) funds for fiscal year 2002 (FY 2002) pursuant to the Transportation Equity Act for the 21st Century (TEA-21), as amended. This distribution is subject to adjustments once the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002 is enacted. Funds are not being distributed to the allocated programs pending enactment of the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002.
   
   
2. What is the background information? Section 110 of Title 23, United States Code (U.S.C.), provides for adjustments in funding for Federal-aid highway and highway safety construction programs funded from the Highway Account of the Highway Trust Fund to reflect changed estimates of Highway Account revenue. Of the funds to be apportioned under Section 110 for FY 2002, the Secretary shall ensure that such funds are apportioned for the Interstate Maintenance Program, the National Highway System Program, the Bridge Replacement and Rehabilitation Program, the Surface Transportation Program, and the Congestion Mitigation and Air Quality Improvement Program in the same ratio that each State is apportioned funds for such programs in FY 2002.



3. What is the availability of these funds?
   1. The RABA funds resulting from this apportionment shall be available for the same period as for the programs among which these funds are distributed.
   2. The funds resulting from this apportionment are available for obligation immediately but are subject to obligation controls in force at the time of obligation including the terms of any continuing resolution in effect prior to enactment of the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002.
   3. The Federal participating rate for these funds is the same as for the programs among which these funds are distributed.


4. Is the Obligation Limitation provided? The amount of FY 2002 formula obligation limitation associated with RABA for the Interstate Maintenance, the National Highway System Program, the Bridge Replacement and Rehabilitation Program, the Surface Transportation Program, and the Congestion Mitigation and Air Quality Improvement Program is not being distributed at this time. Also, obligation limitation associated with the allocated programs is not being distributed at this time. The associated obligation limitation will be distributed once a Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002 is enacted.



5. What action is required?
   
Division Administrators should ensure that copies of this Notice are provided to State departments of transportation.

Mary E. Peters Federal Highway Administrator

CCERTIFICATE OF APPORTIONMENT FROM THE SUM OF $4,543,000,000 AUTHORIZED TO BE APPROPRIATED FOR THE REVENUE ALIGNED BUDGET AUTHORITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002

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 (TEA-21), title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator, section 1.48 of 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 Revenue Aligned Budget Authority for the fiscal year ending September 30, 2002, is $4,543,000,000, which is 100 percent of the amount authorized to be appropriated for that fiscal year, pursuant to section 110(a)(1) and 110(e) of the Title 23, United States Code, as amended and section 1105 of the TEA-21.

Second, that in compliance with the TEA-21, I have set aside $574,212,439 from the authorization of $4,543,000,000 for fiscal year ending September 30, 2002, for the allocated programs including the Federal Motor Carrier Safety Administration.

Third, that after making the set asides, I have computed the apportionment among the several States and the District of Columbia of the remainder of the amounts authorized to be appropriated for the Interstate Maintenance Program, the National Highway System Program, the Surface Transportation Program, the Bridge Replacement and Rehabilitation Program, and the Congestion Mitigation and Air Quality Improvement Program in the manner provided by law in accordance with the formula set forth in the TEA-21.

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

Table 1