1. What is the purpose of this Notice? This Notice transmits the revised redistribution of certain authorized funds pursuant to section 120(e) of the Department of Transportation Appropriations Act, 2012, division C, title I of Public Law (Pub. L.) 112-55. The distribution of these funds is shown in the attached table.

2. Does this Notice cancel FHWA Notice 4510.748? Yes, this Notice cancels FHWA Notice 4510.748, Redistribution of Certain Authorized Funds for Fiscal Year (FY) 2012 (October 1, 2011, to March 31, 2012), dated January 24, 2012. The revision to the redistribution of certain authorized funds is based on the extension of contract authority through June 30, 2012 (see paragraph 3a below).

3. What is the background information?

   1. Funds that are authorized to be appropriated for Federal-aid highway programs for the period beginning on October 1, 2011, and ending on June 30, 2012, under the Surface Transportation Extension Act of 2011, Part II (Extension Act), Pub. L. 112-30, as amended by the Surface Transportation Extension Act of 2012, Pub. L. 112-102, that will not be allocated to the States and will not be available for obligation in FY 2012 due to the imposition of any obligation limitation for such fiscal year shall be distributed to the States. Such funds shall be distributed to the States in the same ratio as the FY 2012 distribution of obligation authority under section 120(a)(6) of the Department of Transportation Appropriations Act, 2012.

   2. Determinations have not yet been made for the period beginning on October 1, 2011, and ending on June 30, 2012, under section 111(d)(3) of the Extension Act, which instructs that no additional funds are to be provided for any project or activity that the Secretary of Transportation determines was sufficiently funded before or during FY 2011 to achieve the authorized purpose of the project or activity. For the purposes of implementing section 120(e) of the Department of Transportation Appropriations Act, 2012, projects or activities that were deemed “sufficiently funded” in FY 2011 have been excluded from the calculation pending final determinations under section 111(d)(3) of the Extension Act for the period beginning on October 1, 2011, and ending on June 30, 2012.

4. What is the availability of these funds?

   1. These funds are available for obligation until September 30, 2015. Any amounts not obligated by the State on or before that date shall lapse.

   2. The funds resulting from this distribution are subject to obligation controls in force at the time of obligation. No new obligation authority is distributed with these funds.

   3. The participating rate shall be in accordance with section 120 of title 23, United States Code (U.S.C.).

   4. The funds shall be available for any purpose described in section 133(b) of title 23, U.S.C. The program code for these funds is L03E.

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

Attachment

UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

FISCAL YEAR 2012 REDISTRIBUTION OF CERTAIN
AUTHORIZED FUNDS FOR THE PERIOD BEGINNING ON
OCTOBER 1, 2011, AND ENDING ON JUNE 30, 2012