1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Surface Transportation Program funds authorized for FY 2002 pursuant to the Transportation Equity Act for the 21st Century (TEA-21) Restoration Act. The apportionment is effective immediately.
   
   
2. Does this Notice cancel FHWA Notice 4510.459? Yes, this Notice cancels FHWA Notice 4510.459, Apportionment of Fiscal Year (FY) 2002 Surface Transportation Program Funds, dated October 1, 2001. The revisions to the apportionment are required pursuant to the provisions of section 336 of the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002 and section 1012(b)(8)(B) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended.
   
   
3. What is the background information? Section 1012(b)(8)(B) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended, provides that an amount in excess of $8,000,000 for the Value Pricing Pilot Program, (1) shall be apportioned to the States in accordance with section 104(b)(3) of title 23, United States Code, (U.S.C.), (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. The amount in excess is $142,429. Table 6 illustrates the distribution to the States.
   
   
4. What is the availability of these funds?
   1. The Surface Transportation Program funds resulting from this apportionment are available for obligation until September 30, 2005. Any amounts not obligated by the State on or before September 30, 2005, shall lapse.
      
      
   2. The funds resulting from this apportionment 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 the States' 402 Safety Program for those States which failed to meet the provisions of title 23, (U.S.C.), section 154, Open Container Requirements (1.5 percent); and title 23, U.S.C., section 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) respectively. Table 4 illustrates the revised total amount to be transferred based on the States' designations. Table 5 illustrates the revised amount reserved from the State of New Hampshire which failed to meet the provisions of title 23, U.S.C., section 153, Use of Safety Belts and Motorcycle Helmets (3 percent).
      
      
   5. Supplementary tables providing the sub-allocations of these funds will be issued in a separate Notice.
   
   
   
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

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $5,795,482,000 FOR THE SURFACE TRANSPORTATION PROGRAM AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002

TO--

The Secretary of the Treasury of the United States and the State departments of transportation:

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, 2002, is $5,795,482,000, 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)(1) of title 23, United States Code, as amended, I have determined that it will be necessary for administering the provisions of title 23, United States Code, as amended, to deduct 1 1/6 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2002, for the Surface Transportation Program, and I have deducted said 1 1/6 percent from the sum of $5,795,482,000 authorized to be appropriated for the fiscal year ending September 30, 2002, by section 1101(a)(4) of the Transportation Equity Act for the 21st Century.

Third, that in compliance with section 336 of the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2002, I have determined that it will be necessary to deduct 2/5ths of 1 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2002, for the Surface Transportation Program, and I have deducted said 2/5ths of 1 percent from the sum of $5,795,482,000 authorized to be appropriated for the fiscal year ending September 30, 2002, by section 1101(a)(4) of the Transportation Equity Act for the 21st Century.

Fourth, 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 1 percent of the sums remaining from the authorization of $5,795,482,000 for the fiscal year ending September 30, 2002, for the purpose of carrying out section 134 of title 23, United States Code.

Fifth, 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, 2002, 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.

Sixth, 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, 2002, by the Transportation Equity Act for the 21st Century to carry out sections 140(b) and 140(c) of title 23, United States Code.

Seventh, that under the provisions of section 153 of title 23, United States Code, Use of Safety Belts and Motorcycle Helmets law, 3 percent of the amounts required to be apportioned to the State of New Hampshire will be reserved from the apportionment of the State in accordance with section 355 of the National Highway System Designation Act of 1995 as amended by section 1211(c) of TEA-21.

Eighth, 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, Indiana, Louisiana, Maryland, Mississippi, Missouri, Montana, Tennessee, Vermont, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code.

Ninth, 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, Iowa, Louisiana, Maryland, Massachusetts, Minnesota, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code.

Tenth, that after making the deductions, transfers, reservation 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.

Eleventh, that subject to the foregoing deductions, transfers, reservation 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
Table 2
Table 3
Table 4
Table 5
Table 6