1. PURPOSE. To notify States, as required by 23 U.S.C. 104(e), of the amount of funds to be apportioned under 23 U.S.C. 104 effective October 1, 1994. 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 1996 Interstate Construction (IC) funds reflects adjustments through May 25, 1994. As required, further adjustments will be made before the October 1, 1994, 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 the 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, 1994, as indicated:

      (1) National Minimum Drinking Age - 23 U.S.C. 158

      Funds subject to withholding: IC, National Highway System (NHS), Interstate Maintenance (IM), and Surface Transportation Program (STP)

      Puerto Rico

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

      Funds subject to withholding: IC, IM, NHS, and STP

       

      Alabama		Kansas
      California		Kentucky
      Connecticut		Michigan
      Georgia		New York
      Indiana		South Carolina

      (3) Use of Safety Belts and Motorcycle Helmets - 23 U.S.C. 153

      Funds subject to withholding: NHS, Congestion Mitigation and Air Quality Improvement Program (CMAQ), and STP

       

      Alaska		Kansas		Ohio
      Arizona		Kentucky		Oklahoma
      Colorado		Maine		Rhode Island
      Connecticut		South Carolina
      Delaware		Minnesota		South Dakota
      Hawaii		Montana		Utah
      Idaho		New Hampshire		Vermont
      Illinois		New Mexico		Wisconsin
      Indiana		North Dakota		Wyoming
      Iowa

       

   3. Anticipated amounts available to be transferred into STP from Apportionment Adjustment funds (Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Section 1015) are not included in this Notice because the factors cannot be computed prior to September 30, 1994.

       

   4. Section 1054 of the ISTEA permit States to use Temporary Matching Fund Waiver provisions throughSeptember 30, 1993. No repayment was received from the State of Vermont prior to March 30, 1994. Therefore, a proportional reduction of Vermont's apportionments for FY 1995 and FY 1996 will be made in lieu of repayment. Amounts deducted shall be reapportioned for FY 1995 and FY 1996 in accordance with Title 23, U.S.C., to those States which have not received a higher Federal share and to those States which have made the repayment required.

    

3. ADVANCE NOTIFICATION. The attachment to this Notice shows the anticipated apportionments to be effective on October 1, 1994, of IC funds authorized for FY 1996 and IM, HBRRP, STP, NHS, CMAQ, and Metropolitan Planning funds authorized for FY 1995.

    

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

Attachment