1. What is the purpose of this Notice? This Notice is 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, 2002. Also, this Notice provides the anticipated apportionments for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) under 23 U.S.C. 144, Recreational Trails Program under 23 U.S.C. 206, Minimum Guarantee under 23 U.S.C. 105, and Appalachian Development Highway System under Section 1117, pursuant to the Transportation Equity Act for the 21st Century (TEA-21).


2. Are certain States subject to potential withholding and/or transfer? Yes. Currently, the States that are listed under the following five requirements are subject to potential withholding of apportionment and/or transfer of funds on October 1, 2002. It should be noted that the anticipated apportionment amounts are subject to change before issuing the certificate of apportionments, which is effective on October 1, 2002.
    
   1. Use of Safety Belts and Motorcycle Helmets - 23 U.S.C. 153
      
      Funds subject to be transferred: National Highway System (NHS), Surface Transportation Program (STP), and Congestion Mitigation and Air Quality Improvement Program (CMAQ)
      
      New Hampshire
   
   
   2. National Minimum Drinking Age - 23 U.S.C. 158
      
      Funds subject to withholding: Interstate Maintenance (IM), NHS and STP
      
      Puerto Rico
   
   
   3. Open Container Requirements - 23 U.S.C. 154
      
      Funds subject to be transferred: IM, NHS, and STP Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, Louisiana, Mississippi, Missouri, Montana, North Carolina, Puerto Rico, Tennessee, Vermont, Virginia, West Virginia, and Wyoming
       

   Note:

   To avoid a transfer on October 1, 2002, the National Highway Traffic Safety Administration (NHTSA) must receive from the State by September 30, 2002, a certificate and laws that conform with the 23 U.S.C. 154 programs implementing regulations.

   4. Operation of Motor Vehicles by Intoxicated Minors - 23 U.S.C. 161
      
      Funds subject to withholding: IM, NHS, and STP
      
      Puerto Rico
   
   
   5. Repeat Offenders - 23 U.S.C. 164
      
      Funds subject to be transferred: IM, NHS, and STP Alaska, California, Connecticut, Delaware, Louisiana, Massachusetts, Minnesota, Montana, New Mexico, New York, North Dakota, Ohio, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, and Wyoming
       

Notes:

Paragraph 2.e. above - To avoid a transfer on October 1, 2002, NHTSA must receive from the State by September 30, 2002, a certificate and laws that conform with the 23 U.S.C. 164 programs implementing regulations. This paragraph applies to paragraph 2.b., c., d., and e. - Highway program funds for Puerto Rico are no longer apportioned through 23 U.S.C. 104(b); however, Section 1214(r) of TEA-21, as amended, states that such funds will be treated as being apportioned under 23 U.S.C. 104(b), 144, and 206 (in the same proportions that they were in fiscal year (FY) 1997)), for purposes of any penalty provision in 23 U.S.C

3. Are there obligation controls? Yes. The obligation limitation associated with Use of Safety Belts and Motor Cycle Helmets, 23 U.S.C. 153; Open Container Requirements, 23 U.S.C. 154; and Repeat Offenders, 23 U.S.C. 164 funds transferred from apportionment from a State to Section 402 are subject to obligation controls in force at the time of the transfer.


4. What are the anticipated FY 2003 apportionments? The following tables show the FY 2003 anticipated apportionment amounts effective on October 1, 2002.  Table 1 shows the anticipated apportionments of IM, NHS, STP, HBRRP, CMAQ, Appalachian Development Highway System, Recreational Trails, Metropolitan Planning, and Minimum Guarantee before assessment of penalties. Table 2 shows the programmatic distribution of Minimum Guarantee (before penalty). Tables 3, 4, and 5 reflect the anticipated penalty amounts to be transferred that comply with 23 U.S.C. 153, 154, and 164 for IM, NHS, STP, and CMAQ. Table 6 shows the anticipated amount of apportionments of IM, NHS, STP, HBRRP, CMAQ, Appalachian Development Highway System, Recreational Trails, Metropolitan Planning, and Minimum Guarantee including programmatic distribution of Minimum Guarantee after the assessment of penalties.


5. What action is required? Division Administrators should ensure that this Notice is provided to State departments of transportation

	Mary E. Peters Federal Highway Administrator