1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Minimum Guarantee Program funds authorized for FY 2005 pursuant to the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), Public Law (P.L.) 108-310, as amended by the Surface Transportation Extension Act of 2005 (STEA05), P.L. 109-14; the Surface Transportation Extension Act of 2005, Part II (STEA05, Part II), P.L. 109-20; the Surface Transportation Extension Act of 2005, Part III (STEA05, Part III), P.L. 109-35; the Surface Transportation Extension Act of 2005, Part IV (STEA05, Part IV), P.L. 109-37; the Surface Transportation Extension Act of 2005, Part V (STEA05, Part V), P.L. 109-40; and the Consolidated Appropriations Act, 2005, P.L. 108-447. The apportionment is effective immediately.

2. Does this Notice cancel FHWA Notice 4510.546? Yes, this Notice cancels FHWA Notice 4510.546, Apportionment of Fiscal Year (FY) 2005 Minimum Guarantee Program Funds, dated July 19, 2005. The revisions to the apportionment are required pursuant to the STEA05, Part V.

3. What is the availability of these funds?

   1. The Minimum Guarantee Program funds resulting from this apportionment, as shown on Table 1, are available for obligation until September 30, 2008. Any amounts not obligated on or before September 30, 2008, shall lapse.

   2. he funds resulting from this apportionment are subject to obligation controls in force at the time of obligation. Special obligation limitation will be provided with a portion of 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 State's 402 Safety Program from the programmatic distribution portion of the Minimum Guarantee Program that adjusts the National Highway System, Surface Transportation Program, and Interstate Maintenance 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 for Driving While Intoxicated or Driving Under the Influence law (3 percent). Tables 4 and 5 illustrate the amounts to be transferred under sections 154(c)(5) and 164(b)(5), respectively. Funds are being withheld and reserved from the State of New York pending verification of compliance with the provision of title 23, U.S.C., section 154, the Open Container Requirements law.

   4. Table 6 illustrates the total amounts to be transferred under sections 154(c)(5) and 164(b)(5) based on the State's designation.

4. What do the tables illustrate?

   1. Amounts on Table 1 pursuant to STEA05, Part V, illustrate the amounts being provided per this Notice.

   2. Amounts on Table 2 are shown only to illustrate amounts provided pursuant to the STEA05, Part IV, that are not provided under a separate Notice.

   3. Amounts on Table 3 are shown only to illustrate amounts provided pursuant to STEA05, Part III, that are not provided under a separate Notice.

   4. Amounts on Tables 2 and 3 pursuant to STEA05, Part IV, and STEA05, Part III, are reflective on Table 1 amounts pursuant to the STEA05, Part V.

   5. Amounts on Tables 4 and 5 are cumulative amounts of funds that will be transferred/withheld from the States pursuant to the provisions of title 23, U.S.C., section 154, the Open Container Requirements law, and title 23, U.S.C., section 164, the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence law.

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

	J. Richard Capka Acting Administrator

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $8,522,521,537
FOR THE MINIMUM GUARANTEE PROGRAM
AUTHORIZED TO BE APPROPRIATED
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005

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, the Surface Transportation Extension Act of 2004, Part V (STEA04, Part V), as amended by the Surface Transportation Extension Act of 2005 (STEA05), the Surface Transportation Extension Act of 2005, Part II, (STEA05, Part II), the Surface Transportation Extension Act of 2005, STEA05, Part III (STEA05, Part III), the Surface Transportation Extension Act of 2005, Part IV (STEA05, Part IV), and the Surface Transportation Extension Act of 2005, Part V (STEA05, Part V), title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Acting 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, 2005, pursuant to STEA04, Part V, as amended by the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, and the STEA05, Part V is $8,522,521,537, which is 100 percent of the amount authorized to be made available from the Highway Trust Fund.

Second, pursuant to Division J, title I, section 122 of the Consolidated Appropriations Act, 2005, P.L. 108-447, 118 Stat. 3348, a deduction is required of .8 percent from the amount authorized to be appropriated for the Minimum Guarantee Program, and I have deducted said .8 percent from the sum of $8,522,521,537 authorized to be appropriated from the Highway Trust Fund excluding the $530,370,000 of such amount that is exempt from the obligation limitation. The resulting amount authorized to be appropriated for the fiscal year ending September 30, 2005, is $8,458,584,325.

Third, pursuant to Division H, title I, section 117 of the Consolidated Appropriations Act, 2005, P.L. 108-447, 118 Stat. 3212-13, I have determined that it will be necessary to deduct 4.1 percent from the amount authorized to be appropriated for the Minimum Guarantee Program, and I have deducted said 4.1 percent from the sum of $8,458,584,325 authorized to be appropriated from the Highway Trust Fund pursuant to STEA04, Part V, as amended by the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, and the STEA05, Part V. The resulting amount authorized to be appropriated for the fiscal year ending September 30, 2005, is $8,111,782,368.

Fourth, pursuant to the provisions of section 154(c) of title 23, United States Code, the Open Container Requirements 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, from the programmatic distribution portion of the Minimum Guarantee Program to the Interstate Maintenance, National Highway System, and Surface Transportation Program. Funds are being withheld and reserved from the State of New York pending verification of compliance with the provisions of this law.

Fifth, 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, Louisiana, Massachusetts, Minnesota, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, 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, from the programmatic distribution portion of the Minimum Guarantee Program to the Interstate Maintenance, National Highway System, and Surface Transportation Program.

Sixth, that after making the deductions and transfers, 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 STEA04, Part V, as amended by the STEA05, the STEA05, Part II, the STEA05, Part III, the STEA05, Part IV, the STEA05, Part V and Division H of the Consolidated Appropriations Act, 2005.

Seventh, 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