1. PURPOSE

    

   1. To transmit the certificate of apportionment for Delaware of funds authorized for FY 1994 which were withheld pursuant to the provisions of 23 U.S.C. 159.

       

   2. To allocate FY 1994 obligation authority to support the apportioned funds.

    

2. BACKGROUND. Delaware was found in noncompliance with the requirements relating to revocation or suspension of drivers' licenses of individuals convicted of drug offenses pursuant to the provisions of 23 U.S.C. 159. Five percent of Delaware's Interstate Maintenance, National Highway System, Surface Transportation Program, and Apportionment Adjustment funds were withheld from apportionment by Federal Highway Administration (FHWA) Notices N 4510.295, N 4510.297, N 4510.299, and N 4510.303, respectively. A proportional amount of FY 1994 obligation authority was withheld by FHWA Notice N 4520.127. On May 23, 1994, the State of Delaware submitted to FHWA evidence of compliance. In accordance with 23 U.S.C. 159, the withheld funds are being apportioned to Delaware, effective immediately.

    

3. AVAILABILITY

    

   1. Funds withheld pursuant to 23 U.S.C. 159, which aresubsequently apportioned, are available for expenditure when apportioned and remain available for expenditure pursuant to the availability provisions of 23 U.S.C. 159.

       

   2. The funds resulting from this apportionment are subject to lapse if not obligated for projects by September 30, 1997.

       

   3. The apportioned funds are subject to obligation controls in force at the time of obligation.

    

4. OBLIGATION LIMITATION. The 91.1 percent of FY 1994 obligation authority distributed to support obligation of these funds is shown on the attachment.

    

5. ACTION. The Division Administrator for the State of Delaware should ensure that copies of this Notice are furnished to the State highway agency.

Original signed by
Rodney E. Slater
Federal Highway Administrator

Attachment

CERTIFICATE OF APPORTIONMENT FROM THE SUMS OF $2,914,000,000 AUTHORIZED TO BE APPROPRIATED FOR THE INTERSTATE MAINTENANCE PROGRAM AND $3,599,000,000 AUTHORIZED TO BE APPROPRIATED FOR THE NATIONAL HIGHWAY SYSTEM AND $4,096,000,000 AUTHORIZED TO BE APPROPRIATED FOR THE SURFACE TRANSPORTATION PROGRAM AND $790,789,588 AUTHORIZED TO BE APPROPRIATED FOR APPORTIONMENT ADJUSTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1994

TO--

The Secretary of the Treasury of the United States and the State Highway Departments:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Intermodal Surface Transportation Efficiency Act of 1991, title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Federal Highway Administrator in section 1.48, title 49, Code of Federal Regulations, I certify--

First, that under the provisions of section 159 of title 23, United States Code, relating to the revocation or suspension of drivers' licenses of individuals convicted of drug offenses, I did, onOctober 1 and October 27, 1993, withhold from the State of Delaware, five (5) percentum of the amounts required to be apportioned to such State for Interstate Maintenance, National Highway System, the Surface Transportation Program, and HoldHarmless for the fiscal year 1994, pending the enactment of a complying law relating to revocation or suspension of drivers' licenses of individuals convicted of drug offenses.

Second, that on March 24, 1994, the State of Delaware, enacted a complying law and therefore, the withheld apportionments are required to be made pursuant to the provisions of section 159 of title 23, United States Code.

Third, that the sums which are hereby apportioned and made available to Delaware effective immediately, are as follows:

APPROVED EFFECTIVE July 20, 1994
Original Signed by,
RODNEY E. SLATER
FEDERAL HIGHWAY ADMINISTRATOR