This directive was canceled July 25, 2008

U.S. Department of Transportation Federal Highway Administration	Notice Subject REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2008 HIGHWAY BRIDGE PROGRAM FUNDS
	Classification Code	Date	Office of Primary Interest
	N 4510.666	January 30, 2008	HCFB-1

1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Highway Bridge Program funds authorized for FY 2008 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law (Pub. L. No.) 109-59. The apportionment is effective immediately.

2. Does this Notice cancel FHWA Notice 4510.652? Yes, this Notice cancels FHWA Notice 4510.652, Apportionment of Fiscal Year (FY) 2008 Highway Bridge Program Funds, dated October 1, 2007. The revisions to the apportionment are required pursuant to the terms of Division K, Title I of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, which eliminate the percentage takedown from the amount authorized for the Highway Bridge Program to fund a portion of the contract authority for the National Highway Traffic Safety Administration Operations and Research Program.

3. What is the availability of these funds?

   1. The Highway Bridge Program funds resulting from this apportionment are available for obligation until September 30, 2011. Any amounts not obligated by the State on or before September 30, 2011, 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 for all projects, except those on the Interstate System, will be in accordance with Section 120(b) of Title 23, United States Code (U.S.C.). For those on the Interstate System, the Federal share will be according to Section 120(a) of Title 23, U.S.C.

   4. The program codes to be used when obligating these funds are L110 and L1C0.

4. What is the background information?

   1. Section 1101(a)(3) of the SAFETEA-LU authorizes a total of $4,388,369,431 in contract authority for the Highway Bridge Program for FY 2008.

   2. Section 104(f) of Title 23, U.S.C., applies a 1.25 percent takedown for Metropolitan Planning from the amount authorized for the Highway Bridge Program. This provision reduces the amount apportioned by $54,854,618.

   3. As required by Section 144(g) of Title 23, U.S.C., $100,000,000 has been set aside for the Bridge Set-Aside for Designated Projects.

   4. The total contract authority available for distribution in FY 2008 net of these reductions is $4,233,514,813.

5. What is the requirement for the Bridge Program? Pursuant to Section 144(g) of Title 23 U.S.C., not less than 15 percent of the amount apportioned to each State in a fiscal year shall be expended for bridge program projects located on public roads, other than those on the Federal-aid highway system, or to complete the Warwick Intermodal Station located in Warwick, Rhode Island (including the construction of a people mover between the Station and the T.F. Green Airport). Bridge Program funds shall be expended for replacement, rehabilitation, painting, performing systematic preventive maintenance or seismic retrofit of, or applying anti-icing or de-icing compositions to, eligible highway bridge projects. The Secretary of Transportation, after consultation with State and local officials may, with respect to a State, reduce the requirement for expenditure for bridges not on the Federal-aid highway system when the Secretary determines that the State has inadequate needs to justify the expenditure.

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

J. Richard Capka Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $4,388,369,431 AUTHORIZED TO BE APPROPRIATED
FOR THE HIGHWAY BRIDGE PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008

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, Title 23, United States Code, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator, Section 1.48 of 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 Bridge Program for the fiscal year ending September 30, 2008, pursuant to Section 1101(a)(3) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $4,388,369,431, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, pursuant to Section 104(f) of Title 23, United States Code, I have deducted 1.25 percent from the sum of $4,388,369,431 authorized to be appropriated for the fiscal year ending September 30, 2008, by Section 1101(a)(3) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out Section 134 of Title 23, United States Code. The amount deducted is $54,854,618.

Third, pursuant to Section 144(g) of Title 23, United States Code, and after making deductions authorized by Section 104(f) of Title 23, United States Code, I have set aside $100,000,000 from the sum of $4,388,369,431 authorized to be appropriated for the fiscal year ending September 30, 2008, by Section 1101(a)(3) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose for carrying out Section 144 of Title 23, United States Code. The resulting amount is $4,233,514,813.

Fourth, that after making the deduction and set aside, I have computed the apportionment to each State and the District of Columbia of the remainder of the amounts authorized to be appropriated for the Bridge Program in the manner provided by law in accordance with the formula set forth.

Fifth, that subject to the foregoing deduction and set aside, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows:

	APPROVED EFFECTIVE January 30, 2008
	FEDERAL HIGHWAY ADMINISTRATOR