1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Surface Transportation Program funds authorized for FY 2003 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 4510.484? Yes, this Notice cancels FHWA Notice 4510.484, Apportionment of Fiscal Year (FY) 2003 Surface Transportation Funds, dated October 1, 2002. The revisions to the apportionment are required pursuant to the provisions of Division I, section 317, and Division N, section 601, of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), which includes the Department of Transportation and Related Agencies Appropriations Act, 2003.
   
   
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, 2006. Any amounts not obligated by the State on or before September 30, 2006, shall lapse.
      
      
   2. The funds resulting from this apportionment will be subject to 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 the States' 402 Safety Program for those States that failed to meet the provisions of title 23, United States Code (U.S.C.), section 154, the Open Container Requirements law (3 percent), and title 23, U.S.C., section 164, the Minimum Penalties for Repeat Offenders law (3 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.
      
      
   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.

Mary E. Peters Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $5,904,689,000
FOR THE SURFACE TRANSPORTATION PROGRAM
AUTHORIZED TO BE APPROPRIATED
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003

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, 2003, pursuant to section 1101(a)(4) of the Transportation Equity Act for the 21st Century, is $5,904,689,000, which is 100 percent of the amount authorized to be appropriated for that Program for the fiscal year.

Second, pursuant to Division N, section 601, of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), which includes the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2003, I have determined that it will be necessary to deduct .65 percent from the amount authorized to be appropriated for fiscal year ending September 30, 2003, for the Surface Transportation Program, and I have deducted said .65 percent from the sum of $5,904,689,000 authorized to be appropriated for fiscal year ending September 30, 2003, by section 1101(a)(4) of the e Transportation Equity Act for the 21^st Century. The resulting amount authorized to be appropriated for the fiscal year ending September 30, 2003, is $5,866,308,522.

Third, pursuant to Division I, Section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have determined that it will be necessary to deduct 2.65 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2003, for the Surface Transportation Program for administering the provisions of section 104(a) of title 23, United States Code, and I have deducted said 2.65 percent from the sum of $5,866,308,522 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 1101(a)(4) of the Transportation Equity Act for the 21st Century and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7).

Fourth, pursuant to Division I, section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have determined that it will be necessary to deduct .45 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2003, for the Surface Transportation Program, and I have deducted said .45 percent from the sum of $5,866,308,522 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 1101(a)(4) of the Transportation Equity Act for the 21^st Century and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7).

Fifth, pursuant to 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, pursuant to Division I, section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have deducted 1 percent of the sum remaining of $5,866,308,522 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 1101(a)(4) of the Transportation Equity Act for the 21^st Century and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), for the purpose of carrying out section 134 of title 23, United States Code.

Sixth, pursuant to sections 104(d)(1) and 104(d)(2) of title 23, United States Code, and after making the deductions authorized by section 104(a) of title 23, United States Code, pursuant to Division I, section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have set aside $5,712,625 from the sum of $5,866,308,522 authorized to be appropriated for the fiscal year ending September 30, 2003, for the Surface Transportation Program by section 1101(a)(4) of the Transportation Equity Act for the 21st Century and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), to carry out sections 104(d)(1) and 104(d)(2) of title 23, United States Code.

Seventh, pursuant to sections 140(b) and 140(c) of title 23, United States Code, after making the deductions authorized by section 104(a) of title 23, United States Code, pursuant to Division I, section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have set aside $19,870,000 from the sum $5,866,308,522 authorized to be appropriated for the fiscal year ending September 30, 2003, for the Surface Transportation Program by section 1101(a)(4) of the Transportation Equity Act for the 21st Century and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), to carry out sections 140(b) and 140(c) of title 23, United States Code.

Eighth, pursuant to the provisions of section 154(c) of title 23, United States Code, the Open Container Requirement law, 3 percent of the amount required to be apportioned to the States of Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, Louisiana, Mississippi, Missouri, Montana, Tennessee, Virginia, West Virginia, and Wyoming will be transferred to the apportionment of the State under section 402 of title 23, United States Code.

Ninth, pursuant to 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, 3 percent of the amount required to be apportioned to Alaska, California, Connecticut, Louisiana, Massachusetts, Minnesota, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Vermont, 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, 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, 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