1. PURPOSE. To notify States, as required by 23 U.S.C. 104(e), of the amounts of funds to be apportioned under 23 U.S.C. 104 effective October 1, 1993. Also, to provide anticipated apportionments for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) under 23 U.S.C. 144.

    

2. GENERAL

    

   1. Pursuant to the provisions of 23 U.S.C. 104(b)(5)(A), the factor used to compute the anticipated apportionment of FY 1995 Interstate Construction (IC) funds reflects adjustments through June 7, 1993. As required, further adjustments will be made before the October 1, 1993, apportionment.

       

   2. It should be noted that the anticipated apportionment amounts are subject to change prior to the issuance of the certificate of apportionment and that penalties under 23 U.S.C., where applicable, will be assessed when the certificate of apportionment is signed. Currently the following States are subject to a potential withholding of apportionment and/or reservation of funds on October 1, 1993, as indicated:

      (1) Vehicle Weight Limitation - 23 U.S.C. 127 Funds subject to withholding: National Highway System (NHS)Louisiana

      (2) National Minimum Drinking Age - 23 U.S.C. 158 Funds subject to withholding: NHS, IC, Interstate Maintenance (IM), Surface Transportation Program (STP)Puerto Rico

      (3) Revocation or suspension of drivers' licenses of individuals convicted of drug offenses 23 U.S.C. 159

       

      Funds subject to withholding: IC, IM, NHS, STP
      Alabama		Louisiana
      Arizona		Maryland
      California		Massachusetts
      Connecticut		Michigan
      Delaware		New Jersey
      District of Columbia		New York
      Georgia		North Carolina
      Hawaii		Ohio
      Illinois		Oklahoma
      Indiana		Oregon
      Iowa		Pennsylvania
      Kansas		South Carolina
      Kentucky		Texas

       

   3. Anticipated amounts available to be transferred into STP from Apportionment Adjustment funds (Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, Section 1015) are not included in this Notice because the factors cannot be computed prior to September 30, 1993.

       

   4. Section 1054 of the ISTEA permits States to use Temporary Matching Fund Waiver provisions through September 30, 1993. Repayment of the amounts waived may be made by direct repayment or by reduction of apportionments. The direct repayments must be received prior to March 30, 1994. If the State chooses a reduction of apportionments, the FY 1995 and 1996 apportionments will be affected. Those States using the Temporary Matching Fund Waiver provisions need to advise HFS-30 by September 1, 1993, of their anticipated repayment method.

    

3. ADVANCE NOTIFICATION. The attachment [SEE PRINTED COPY OF NOTICE FOR ATTACHMENT] to this Notice shows the anticipated apportionments to be effective on October 1, 1993, of IC authorized for FY 1995 and IM, HBRRP, STP, NHS, Congestion Mitigation and Air Quality Improvement Program and Metropolitan Planning funds authorized for FY 1994.

    

4. ACTION. Division Administrators should assure that copies of this Notice are furnished to State highway agencies.

Attachment