This directive was canceled February 5, 2010.

U.S. Department of Transportation Federal Highway Administration	Notice Subject Revised Extension and Flexibility for Certain Allocated Programs in Fiscal Year (FY) 2010 Pursuant to Section 157(d) of Public Law 111-68, as Amended by Public Law 111-88
	Classification Code	Date	Office of Primary Interest
	N 4510.716	November 13, 2009	HCFB-1

1. What is the purpose of this Notice? This Notice notifies the States of the revised amounts available pursuant to section 157(d) of the Continuing Appropriations Resolution (Resolution), 2010, Public Law (Pub. L.) 111-68, as amended by Pub. L. 111-88. The amount of these funds for each State is shown in the attached table.

2. Does this Notice cancel FHWA Notice 4510.714? Yes, this Notice cancels FHWA Notice 4510.714, Extension and Flexibility for Certain Allocated Programs in Fiscal Year (FY) 2010 Pursuant to Section 157(d) of Public Law 111-68. The revision to the amounts available is made pursuant to Pub. L. 111-88, which amends the expiration date of the extension of surface transportation programs in the Resolution.

3. What is the background information?

   1. Pursuant to section 157(d) of the Resolution, as amended, the FY 2009 allocated amounts under the following sections of law shall be divided by 365 and then multiplied by 79:

      1. (1) Section 1301(m) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109-59, as amended (Projects of National and Regional Significance);

      2. (2) Section 1302(e) of SAFETEA-LU, as amended (National Corridor Infrastructure Improvement Program);

      3. (3) Section 1307 of SAFETEA-LU, as amended (Deployment of Magnetic Levitation Transportation Projects);

      4. (4) Section 1702 of SAFETEA-LU, as amended (High Priority Projects);

      5. (5) Section 1934 of SAFETEA-LU, as amended (Transportation Improvement Projects); and

      6. (6) Section 144(f)(1) of title 23, United States Code (U.S.C.) (Bridge Set-Asides).

   2. The resulting total amount for each State shall be made available under the 79-day extension of surface transportation programs contained in the Resolution, as amended, in the manner described in paragraph 4 of this Notice.

4. What is the availability of these funds?

   1. The funds made available shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, U.S.C.

   2. The funds shall be available to the State for purposes described in section 133(b) of title 23, U.S.C.

   3. The funds shall be administered in the same manner and with the same period of availability as such funding is administered under section 133 of title 23, U.S.C., except that subsections (d)(2) and (d)(3) of such section shall not apply to the administration of the funds.

   4. The funds are made available under the Resolution, as amended, until enactment of another law to extend or reauthorize surface transportation programs or December 18, 2009, whichever occurs first.

   5. The funds made available shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.

   6. 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.

   7. The program code to be used when obligating these funds is L00E.

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

Victor M. Mendez Administrator

Attachment

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION