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Home / Resources / Legislation, Regulations and Guidance / Directives and Memorandum / Notices / N 4510.799

This directive was canceled January 8, 2016.

Notice
Subject
Apportionment of Funds for the Period Beginning on October 1, 2015, and Ending on December 4, 2015, Pursuant to the Highway and Transportation Funding Act of 2014, as Amended
Classification Code Date Office of Primary Interest
N 4510.799 December 1, 2015 HCFB-10

  1. What is the purpose of this Notice? This Notice transmits the certificate of apportionment for apportioned Federal-aid highway program funds authorized for the period beginning on October 1, 2015, and ending on December 4, 2015, pursuant to the Highway and Transportation Funding Act of 2014 (Extension Act), Public Law (Pub. L.) 113-159, as amended by the Highway and Transportation Funding Act of 2015, Pub. L. 114-21, the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, Pub. L. 114-41, the Surface Transportation Extension Act of 2015, Pub. L. 114-73, and the Surface Transportation Extension Act of 2015, Part II, Pub. L. 114-87. The apportionments made available by this Notice are for the following programs: National Highway Performance Program, Surface Transportation Program, Highway Safety Improvement Program, Railway-Highway Grade Crossings Program, Congestion Mitigation and Air Quality Improvement Program, and the Metropolitan Planning Program. The apportionments are effective immediately.

  2. Does this Notice cancel FHWA Notice 4510.796? Yes, this Notice cancels FHWA Notice N4510.796, Apportionment of Funds for the Period Beginning on October 1, 2015, and Ending on November 20, 2015, Pursuant to the Highway and Transportation Funding Act of 2014, as Amended, dated November 5, 2015. The revision to the apportionment is required due to the further extension of the Federal-aid highway program under the Surface Transportation Extension Act of 2015, Part II.

  3. What is the background information?

    1. The Extension Act extends the surface transportation programs, including the Federal-aid highway programs, under the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, through December 4, 2015.

    2. Section 1001(a) of the Extension Act incorporates by reference and continues in effect the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under divisions A and E of MAP-21; the SAFETEA-LU Technical Corrections Act of 2008; titles I, V, and VI of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); titles I and V of the Transportation Equity Act for the 21st Century; the National Highway System Designation Act of 1995; titles I and VI of the Intermodal Surface Transportation Act of 1991; and title 23, United States Code (U.S.C.) (excluding chapter 4 of that title), which would have otherwise expired or ceased to apply after September 30, 2014.

    3. Pursuant to section 1001(b)(1) of the Extension Act, except as provided in section 1002 for the administrative expenses of the Federal Highway Administration, there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the period beginning on October 1, 2015, and ending on December 4, 2015, a sum equal to 65/366 of the total amount authorized to be appropriated out of the Highway Trust Fund for programs, projects, and activities for Fiscal Year (FY) 2015 under divisions A and E of MAP-21 and title 23, U.S.C. (excluding chapter 4 of that title).

    4. Pursuant to section 1001(c)(1) of the Extension Act, except as otherwise expressly provided in the Act, the funds authorized to be appropriated for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be distributed, administered, limited, and made available for obligation in the same manner and at the same levels as 65/366 of the amounts of funds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for FY 2015 to carry out programs, projects, activities, eligibilities, and requirements under MAP-21; the SAFETEA-LU Technical Corrections Act of 2008; SAFETEA-LU; titles I and V of the Transportation Equity Act for the 21st Century; the National Highway System Designation Act of 1995; titles I and VI of the Intermodal Surface Transportation Act of 1991; and title 23, U.S.C. (excluding chapter 4 of that title).

  4. What is the availability of these funds?

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

    2. The funds resulting from this apportionment are available for obligation until September 30, 2019. Any amounts not obligated by the State on or before September 30, 2019, shall lapse.

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

    4. For the period beginning on October 1, 2015, and ending on December 4, 2015, an amount of National Highway Performance Program funds equal to $113,483,607 prior to sequestration ($105,766,722 after sequestration) that is exempt from obligation controls is provided. See FHWA Notice N4510.800 for additional information on sequestration.

    5. The Federal share payable shall be in accordance with section 120 of title 23, U.S.C., except as provided by another provision of law.

    6. Program codes to be used when obligating these funds were provided in a program code memorandum dated September 23, 2014.

    7. The Catalog of Federal Domestic Assistance (CFDA) number for these funds is 20.205, with the exception that the CFDA number for the Recreational Trails Program is 20.219.

  5. How were the State-by-State and program-by-program amounts determined?

    1. The base amount of apportioned funds available for each program and each State for the period beginning on October 1, 2015, and ending on December 4, 2015, is equal to 65/366 of the amount for each such program and State in FY 2015.

    2. Table 1 shows the State-by-State, program-by-program apportionment amounts (before post-apportionment set-asides and before penalties) available under the Extension Act for the period beginning on October 1, 2015, and ending on December 4, 2015.

  6. Are certain States subject to penalties? Yes. Currently, the States that are listed under the following requirements are subject to penalties. The penalty funds for a State under sections 154 and 164 of title 23, U.S.C., are reserved and then, in the proportions elected by the State, released for use on eligible Highway Safety Improvement Program activities under section 148 of title 23, U.S.C., or transferred to the State’s safety program under section 402 of title 23, U.S.C.

    1. Open Container Requirements – 23 U.S.C. 154 – 2.5 percent

      Funds subject to penalty: National Highway Performance Program and Surface Transportation Program.

      Alaska, Arkansas, Connecticut, Delaware, Hawaii, Louisiana, Maine, Mississippi, Missouri, Ohio, Tennessee, Virginia, and Wyoming

      The penalty under section 154 of title 23, U.S.C., for Ohio is subject to an administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration; the penalty amount for Ohio will be reserved pending the completion of the administrative review and then either administered under the provisions of section 154 or restored to the State’s apportionments depending on the outcome of that process.

      Table 2 shows the penalty amounts under section 154 of title 23, U.S.C., subject to section 154(c)(5), which allows a State to designate how the total penalty amount is to be derived from the National Highway Performance Program and the Surface Transportation Program.

    2. Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence – 23 U.S.C. 164 – 2.5 percent

      Funds subject to penalty: National Highway Performance Program and Surface Transportation Program.

      Alaska, California, Colorado, Hawaii, Indiana, Louisiana, Minnesota, Montana, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Vermont, and Wyoming

      The penalty under section 164 of title 23, U.S.C., for Colorado is subject to an administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration; the penalty amount for Colorado will be reserved pending the completion of the administrative review and then either administered under the provisions of section 164 or restored to the State’s apportionments depending on the outcome of that process.

      Table 3 shows the penalty amounts under section 164 of title 23, U.S.C., subject to section 164(c)(5), which allows a State to designate how the total penalty amount is to be derived from the National Highway Performance Program and the Surface Transportation Program.

  7. What other amounts are related to these apportionments? Supplementary tables showing other amounts related to these apportionments will be issued at a later date via a separate notice. The amounts shown in the supplementary tables will include set-asides (State Planning & Research, Transportation Alternatives Program, etc.), suballocations for the Surface Transportation Program and the Transportation Alternatives Program, and various limiting amounts.

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

 

Signature: Gregory G. Nadeau, Acting Administrator

Gregory G. Nadeau
Administrator

Attachments

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $6,712,759,563
AUTHORIZED TO BE APPROPRIATED FOR APPORTIONED FEDERAL-AID HIGHWAY
PROGRAMS FOR THE PERIOD BEGINNING ON OCTOBER 1, 2015, AND

ENDING ON DECEMBER 4, 2015

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 Surface Transportation Extension Act of 2015, and title 23 of the United States Code, 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 Federal-aid highway program under the Highway and Transportation Funding Act of 2014, Public Law 113-159, as amended by the Highway and Transportation Funding Act of 2015, Public Law 114-21, the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, Public Law 114-41, the Surface Transportation Extension Act of 2015, Public Law 114-73, and the Surface Transportation Extension Act of 2015, Part II, Pub. L. 114-87, is $6,712,759,563, which is 100 percent of the amount authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the period beginning on October 1, 2015, and ending on December 4, 2015.

Second, that I have computed the apportionment to each State and the District of Columbia of the amounts authorized to be appropriated for the apportioned Federal-aid highway programs and further computed the distribution among the programs within each State and the District of Columbia in the manner provided by law.

Third, that in compliance with section 154 of title 23, United States Code, the Open Container Requirements, 2.5 percent of the National Highway Performance Program and Surface Transportation Program apportionments for the States of Alaska, Arkansas, Connecticut, Delaware, Hawaii, Louisiana, Maine, Mississippi, Missouri, Ohio, Tennessee, Virginia, and Wyoming are reserved for release for use on eligible Highway Safety Improvement Program activities or transfer to the States’ 402 Safety Programs (except that the penalty amount for Ohio will be reserved pending the outcome of the administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration).

Fourth, that in compliance with section 164 of title 23, United States Code, the Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence, 2.5 percent of the National Highway Performance Program and Surface Transportation Program apportionments for the States of Alaska, California, Colorado, Hawaii, Indiana, Louisiana, Minnesota, Montana, New Mexico, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Vermont, and Wyoming are reserved for release for use on eligible Highway Safety Improvement Program activities or transfer to the States’ 402 Safety Programs (except that the penalty amount for Colorado will be reserved pending the outcome of the administrative review by the National Highway Traffic Safety Administration and the Federal Highway Administration).

Fifth, subject to the above-mentioned penalties, that 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


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Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000