What is the purpose of this Notice?  This Notice is to notify States, as required by Title 23, United States Code (U.S.C.), Section 104(e), of the anticipated amount of funds to be apportioned under 23 U.S.C. 104, effective October 1, 2007.  Also, this Notice provides the anticipated apportionments for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) under 23 U.S.C. 144; Equity Bonus under 23 U.S.C. 105; and the Appalachian Development Highway System under Section 1116, the Coordinated Border Infrastructure Program under Section 1303, and the Safe Routes to School Program under Section 1404 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-LU), Public Law 109-59. It should be noted that the anticipated apportionment amounts are subject to change before issuing the certificates of apportionment, which are effective on October 1, 2007.

Are certain States subject to potential withholding and/or transfer?  Yes.  Currently, the States that are listed under the following seven requirements are subject to potential withholding of apportionment and/or transfer of funds on October 1, 2007.

1. No Strategic Highway Safety Plan – Section 1401(e)(2)(B) of SAFETEA-LU

   Pursuant to Section 1401(e)(2)(B) of SAFETEA-LU, for States that do not have a Strategic Highway Safety Plan in place by October 1, 2007, the Federal Highway Administration (FHWA) is required to “freeze” apportionments received under the Highway Safety Improvement Program (HSIP) for FY 2008 and all subsequent fiscal years at FY 2007 levels.

   Alaska, Arizona, Arkansas, District of Columbia, Hawaii, Idaho, Minnesota, New Hampshire, New Jersey, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, and West Virginia

2. Use of Safety Belts and Motorcycle Helmets – 23 U.S.C. 153

   Funds subject to three percent transfer:  National Highway System (NHS), Surface Transportation Program (STP), and Congestion Mitigation and Air Quality Improvement Program (CMAQ)

   New Hampshire

3. Open Container Requirements – 23 U.S.C. 154

   Funds subject to three percent transfer:  Interstate Maintenance (IM), NHS, and STP

   Alaska, Arkansas, Connecticut, Delaware, Louisiana, Mississippi, Missouri, Puerto Rico, Tennessee, Virginia, West Virginia, and Wyoming

   Notes:  To avoid a transfer on October 1, 2007, the National Highway Traffic Safety Administration (NHTSA) must receive from the State by September 30, 2007, a certificate and laws that conform with 23 U.S.C. 154 programs implementing regulations.

   This paragraph applies to paragraphs 2c, 2d, 2e, and 2f – Highway program funds for Puerto Rico are no longer apportioned through 23 U.S.C. 104(b); however, Section 1120 of SAFETEA-LU, as amended, states that such funds will be treated as being apportioned under 23 U.S.C. 104(b) and 144 (in the same proportions that they were apportioned in FY 1997), for purposes of any penalty provision in 23 U.S.C.

4. National Minimum Drinking Age – 23 U.S.C. 158

   Funds subject to ten percent withholding:  IM, NHS and STP

   Puerto Rico

5. Operation of Motor Vehicles by Intoxicated Minors – 23 U.S.C. 161

   Funds subject to ten percent withholding: IM, NHS, and STP

   Puerto Rico

6. Repeat Offenders – 23 U.S.C. 164

   Funds subject to three percent transfer:  IM, NHS, and STP

   Alaska, California, Louisiana, Minnesota, New Mexico, Ohio, Oregon, Puerto Rico, Rhode Island, South Dakota, Vermont, and Wyoming

   Note:   To avoid a transfer on October 1, 2007, NHTSA must receive from the State by September 30, 2007, a certificate and laws that conform with 23 U.S.C. 164 programs implementing regulations.

7. Commercial Drivers License – 49 U.S.C. 31314

   Funds subject to five percent withholding: IM, NHS, and STP

   Alaska and New Mexico

Are there obligation controls?  Yes.  The obligation limitation associated with the Use of Safety Belts and Motorcycle Helmets, 23 U.S.C. 153; Open Container Requirements, 23 U.S.C. 154; Repeat Offenders, 23 U.S.C. 164; and Commercial Drivers License, 49 U.S.C. 31314 funds withheld and/or transferred from a State’s apportionment are subject to obligation controls in force at the time of the withholding and/or transfer.

1. What are the anticipated FY 2008 apportionments?  The following tables show the FY 2008 anticipated apportionment amounts effective on October 1, 2007.  Table 1 shows the anticipated apportionments of IM, NHS, STP, HBRRP, CMAQ, Appalachian Development Highway System, Recreational Trails, Metropolitan Planning, HSIP, Rail-Highway Crossing, Coordinated Border Infrastructure Program, Safe Routes to School, and Equity Bonus before assessment of penalties.  Table 2 shows the programmatic distribution of Equity Bonus (before the withholding of HSIP funds and the assessment of penalties).  Tables 3 through 6 [Table 4, Table 5, Table 6] reflect the anticipated penalty amounts to be transferred that comply with 23 U.S.C. 153, 154, 164, and 49 U.S.C. 31314 for IM, NHS, STP and CMAQ.  Table 7 reflects the anticipated withholding amounts for the HSIP.  Table 8 shows the anticipated amount of apportionments of IM, NHS, STP, HBRRP, CMAQ, Appalachian Development Highway System, Recreational Trails, Metropolitan Planning, HSIP, Rail-Highway Crossings, Coordinated Border Infrastructure Program, Safe Routes to School, and Equity Bonus including programmatic distribution of Equity Bonus after the withholding of HSIP funds and the assessment of penalties.

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