Notice
Subject
REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2002 MINIMUM GUARANTEE PROGRAM FUNDS
Classification Code	Date	Office of Primary Interest
N 4510.475	December 19, 2001	HABF-10

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1. What is the purpose of this Notice?This Notice transmits the revised certificate of apportionment of Minimum Guarantee Program funds authorized for FY 2002 pursuant to section 105(a) of title 23, United States Code (U.S.C.). The apportionment is effective immediately.
   
   
2. Does this Notice cancel FHWA Notice 4510.465?Yes, this Notice cancels FHWA Notice 4510.465, Apportionment of Minimum Guarantee 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.
   
   
3. What is the availability of these funds ?
   
   
   1. The Minimum Guarantee 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 are subject to obligation controls in force at the time of obligation. Special obligation limitation is provided with these funds. In addition, an amount of Minimum Guarantee Program funds is provided, which is exempt from obligation controls.
      
      
   3. Funds will be transferred to the States' 402 Safety Program from the revised programmatic distribution portion of the Minimum Guarantee Program which adjusts the National Highway System, Surface Transportation Program, and Interstate Maintenance programs 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.
      
      
   4. Funds will be reserved from apportionments from the revised programmatic distribution portion of Minimum Guarantee Program which adjusts the National Highway System, Surface Transportation and Congestion Mitigation and Air Quality Improvement programs from the State of New Hampshire for failure to meet the provisions of title 23, U.S.C., section 153, Use of Safety Belts and Motorcycle Helmets (3 percent). Table 5 illustrates the revised amounts reserved from the State of New Hampshire.
      
      
   5. Supplementary tables providing sub-allocation, appropriation codes, Federal share, etc., 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.

Federal Highway Administrator

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CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $6,332,057,688
FOR THE MINIMUM GUARANTEE 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 department 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 Minimum Guarantee Program for the fiscal year ending September 30, 2002, is $6,332,057,688 which is 100 percent of the amount authorized to be made available from the Highway Trust Fund pursuant to section 105(d) of title 23, United States Code, as amended.

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, U.S.C., 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 Minimum Guarantee Program, and I have deducted said 1 1/6 percent from the sum of $6,332,057,688 authorized to be appropriated for the fiscal year ending September 30, 2002, by section 105(d) of title 23, United States Code, as amended.

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 Minimum Guarantee Program, and I have deducted said 2/5ths of 1 percent from the sum of $6,332,057,688 authorized to be appropriated for the fiscal year ending September 30, 2002, by section 105(d) of title 23, United States Code, as amended.

Fourth, 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 amount required from the programmatic distribution portion of the Minimum Guarantee Program from 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.

Fifth, 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, from the programmatic distribution portion of the Minimum Guarantee Program.

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, 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, from the programmatic distribution portion of the Minimum Guarantee Program.

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, 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, from the programmatic distribution portion of the Minimum Guarantee Program.

Eighth, that after making the deductions, transfers and reservation, I have computed the apportionment to each State and the District of Columbia of the amount authorized to be appropriated for the Minimum Guarantee Program in the manner provided by law in accordance with the formula in section 105 of title 23, United States Code.

Ninth, that subject to the foregoing deductions, transfers and reservation, 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