1. PURPOSE. To transmit the revised certificate of apportionment of National Highway System funds authorized for FY 1998 pursuant to the Transportation Equity Act for the 21st Century (TEA-21) as amended by TEA-21 Restoration Act. This apportionment is effective immediately.
2. CANCELLATION. FHWA notice 4510.389, 'Apportionment of Fiscal Year (FY) 1998 National Highway System Funds,' dated June 10, 1998, is hereby canceled pursuant to TEA-21 Restoration Act which amends section 1103(1)(A) of TEA-21.
3. AVAILABILITY
   1. The National Highway System funds resulting from this apportionment are available for obligation until September 30, 2001. Any amounts not obligated by the State on or before September 30, 2001, shall lapse.
   2. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.
   3. As required by 23 U.S.C. 104(b)(1), $36,400,000 of the funds have been set aside for the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands. In accordance with 1103(m), the amounts resulting from this will be reduced by the funds provided by the Surface Transportation Extension Act of 1997 (STEA) for Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.
   4. The participating rate for these funds is 80 percent or 90 percent if used on the Interstate System (except for adding lanes which are not high occupancy lanes or auxiliary lanes), with sliding scale rates not to exceed 95 percent. 
   5. The appropriation code is Q05, and the project number prefix is NH.
   6. Funds are being reserved from the apportionment for New Hampshire if the State fails to meet the provisions of title 23, United States Code 153, Use of Safety Belts and Motorcycle Helmets.
   7. This apportionment includes amounts advanced pursuant to the Surface Transportation Extension Act of 1997.
   8. In accordance with section 1103(m) of the TEA-21, the amounts resulting from this apportionment will be reduced (except for Massachusetts) by the funds provided by STEA for the National Highway System (refer to Notice 4510.384).
4. ACTION. Division Administrators should ensure that copies of this Notice are furnished to State highway agencies.

Original signed by,

Kenneth R. Wykle
Administrator

Attachment

TO--

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

Pursuant to section 9503 of the Internal Revenue Code of 1986, title 23, United States Code, the Transportation Equity Act for the 21st Century 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 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 which can be apportioned for projects on the National Highway System for the fiscal year ending September 30, 1998, is $4,112,480,000 which is 100 percent of the amount authorized to be appropriated for the National Highway System for that fiscal year pursuant to section 1101(a)(2) of the Transportation Equity Act for the 21st Century.

Second, that in compliance with section 104(a) of title 23, United States Code, I have estimated that it will be necessary for administering the provisions of title 23, United States Code, to deduct 1.45 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 1998, for the National Highway System, and I have deducted said 1.45 percent from the sum of $4,112,480,000 authorized to be appropriated for the fiscal year ending September 30, 1998, by section 1101(a)(2) of the Transportation Equity Act for the 21st Century.

Third, that in compliance with section 1103(e) of the Transportation Equity Act for the 21st Century, and after making the deduction authorized by section 104(a) of title 23, United States Code, I have deducted one percent of the sums remaining from the authorization of $4,112,480,000 for the fiscal year ending September 30, 1998, for the purpose of carrying out section 134 of title 23, United States Code.

Fourth, that in compliance with section 104(b)(1) of title 23, United States Code, and after making the deductions authorized by sections 104(a) and 104(f)(1) of title 23, United States Code, I have set aside $36,400,000 of the sums remaining from the authorization of $4,112,480,000 for the fiscal year ending September 30, 1998, for the National Highway System for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands and $18,800,000 of the sums remaining from the authorization of $3,427,341,000 for fiscal year ending September 30, 1998, for the purposed of carrying out section 104(b)(1) of title 23, United States Code, relating to the Alaska Highway.

Fifth, that under the provisions of section 153(h) of title 23, United States Code, 3 percent of the amount required to be apportioned to New Hampshire is reserved. If the State fails to achieve the national safety belt average use rate by the end of fiscal year 1998, the reserved funds will be transferred to the State=s 402 apportionment.

Sixth, that after making the deductions, set asides and reservation, I have computed the apportionment among the several States, and the District of Columbia of the remainder of the amounts authorized to be appropriated for the National Highway System in the manner provided by law in accordance with the formula in section 104(b)(1) of title 23, United States Code.

Seventh, that subject to the foregoing deductions, set asides, and reservation the sums which are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows: