FY 1995 of $51,422,069. The pro rata share is 90.7 percent of the amount authorized to be transferred under Section 153(h) of Title 23, U.S.C., and enacted by Section 1031 of the Intermodal Surface Transportation Efficiency Act of 1991.

1. Section 153 provides that a State that fails to adopt and put into effect motorcycle and safety belt use laws by October 1, 1993 is subject to having the Secretary of Transportation transfer funds apportioned under the State's Federal-aid Highway Programs, subsection (b)(1), (b)(2) and (b)(3) of Section 104 of Title 23, U.S.C., to its apportionment under the Section 402 Highway Safety Program.

2. The Secretary has determined that States identified in the attachment have not met the criteria set forth in Section 153 and therefore, has transferred funds to the Section 402 Highway Safety Program. The amounts transferred are computed by following the formula set forth in 23 CFR Part 1215.7, Transfer of Funds.

1. The funds may be used for approved projects in any Section 402 program area.

2. The funds are not subject to Federal earmarking of any amounts or percentages for specific program activity.

3. The Federal share of the cost of any project carried out under Section 402 transferred funds shall be 100 percent.

4. The 40 percent political subdivision participation in State Highway Safety programs and the 10 percent limitation on the Federal contribution for Planning and Administration activities carried out under Section 402 shall be based upon the sum of the funds transferred and amounts otherwise available for expenditure under Section 402.

5. Additional guidance is provided in a joint memo, entitled "NHTSA/FHWA Guidance: Section 153 Transfer Funds", and dated July 19, 1994.

1. The funds resulting from this notice are available under FHWA Notices 4510.323 - National Highway System, 4510.327 - Congestion Mitigation and Air Quality Improvement Program, 4510.325 - Surface Transportation Program and N4510.332 - Hold Harmless Apportionment.

2. The funds resulting from this notice are available for obligation immediately subject to the restrictions as outlined in paragraph 4 above.

3. The limitation resulting from this notice is governed by FHWA Notice 4520.133 - Federal-Aid Highway Program Obligations - FY 1995.

4. The limitation resulting from this notice is available for obligation through September 30, 1995.

5. States failing to program all of a portion of these funds in an acceptable Highway Safety Plan must notify NHTSA by July 1, 1995.

6. By July 15, 1995, the obligation limitation for any remaining transferred funds will be withdrawn and offered to other penalty States on a prorated basis if these States are able to program these funds before the end of the fiscal year. Redistributed obligation limitation will not exceed a State's total transferred funds apportionment.

7. Obligation Limitation remaining after July 15, 1995, will be returned to the Federal Highway Administration and distributed as part of their August redistribution process.