1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Elimination of Hazards Relating to Railway-Highway Crossing funds authorized for FY 2006 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law (Pub. L. No.) 109-59 and the Department of Defense Appropriations Act, 2006, Pub. L. No. 109-148. The apportionment is effective immediately.

2. Does this Notice cancel FHWA notice 4510.576? Yes, this Notice cancels FHWA Notice 4510.576, Apportionment of the Fiscal Year (FY) 2006 Elimination of Hazards Relating to Railway-Highway Crossing Program Funds, dated October 1, 2005. The revisions to the apportionment are required pursuant to a 1 percent across-the-board rescission contained in Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, Pub. L. No. 109-148.

3. What is the availability of these funds?

   1. The Elimination of Hazards Relating to Railway-Highway Crossing funds resulting from this apportionment are available for obligation until September 30, 2009. Any amounts not obligated by the State on or before September 30, 2009, shall lapse.

   2. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.

   3. The Federal share is 90 percent.

   4. The program codes to be used when obligating funds are LS40 and LS50.

4. What is the background information?

   1. Section 1401(d) of the SAFETEA-LU, amends section 130(e) of title 23, United States Code (U.S.C.) to authorize the Secretary to set side, before an apportionment of Highway Safety Improvement Program funds under section 104(b) of title 23, U.S.C., at least $220,000,000 for the elimination of hazards and the installation of protective devices at rail-way-highway crossings. Pursuant to the Division B, chapter 8, section 3801 of the Department of Defense Appropriations Act, 2006, the resulting amount available for the elimination of hazards and the installation of protective devices at rail-way-highway crossings is $217,800,000. The reduced amount is $2,200,000.

   2. Special Rule – Pursuant to section 130(e) of title 23, U.S.C., States that demonstrate to the satisfaction of the Secretary of Transportation that they have met all of their needs for installation of protective devices at railway-highway crossings, may use funds made available by this section for other purposes under section 130(e).

   3. As required by section 130(f) of title 23, U.S.C., 50 percent of the set aside funds are apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A), and 50 percent of such funds are apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States. Notwithstanding this requirement, each State shall receive a minimum of ½ of 1 percent of these funds.

   4. As required by section 130(k) of title 23, U.S.C., not more than 2 percent of these section funds may be used by the State for compilation and analysis of data in support of the report activities of section 130(g).

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
$220,000,000 SET ASIDE FOR ELIMINATION OF HAZARDS RELATING TO
RAILWAY-HIGHWAY CROSSINGS FROM THE AUTHORIZATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006

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 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 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 Elimination of Hazards Relating to Railway-Highway Crossings for the fiscal year ending September 30, 2006, pursuant to section 1401(d) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, which amended section 130(e) of title 23, United States Code, is $220,000,000, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, that pursuant to Division B, chapter 8, section 3801, of the Department of Defense Appropriations Act, 2006, I have determined that it will be necessary to deduct 1 percent from the sum of $220,000,000 authorized to be appropriated for fiscal year ending September 30, 2006, for the Elimination of Hazards Relating to Railway-Highway Crossings. The resulting amount authorized to be apportioned is $217,800,000. The reduced amount is $2,200,000.

Third, that I have computed the apportionment for Elimination of Hazards Relating to Railway-Highway Crossings for the purpose of carrying out section 130 of title 23, United States Code, among the States and the District of Columbia in the manner provided by law in accordance with the formula in section 130(f) of title 23, United States Code.

Fourth, that the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

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