1. What is the purpose of this Notice? This Notice is to notify States, as required by section 104(e) of title 23, United States Code (U.S.C.), of the anticipated amounts of funds to be apportioned for the Federal-aid highways program pursuant to the Surface Transportation Extension Act of 2010, title IV of Public Law 111-147 for the period beginning on October 1, 2010, and ending on December 31, 2010. It should be noted that the anticipated apportionment amounts are subject to change before issuing the certificate of apportionment, which will be effective on October 1, 2010.

2. Are certain States subject to potential withholdings and/or transfers? Yes. Currently, the States that are listed under the following five requirements are subject to potential withholdings of apportionments and/or transfers of funds on
   October 1, 2010.

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

      Funds subject to three percent transfer to the State’s Safety Program under 23 U.S.C. 402: National Highway System Program, Congestion Mitigation and Air Quality Improvement Program, and Surface Transportation Program.

      New Hampshire

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

      Funds subject to three percent transfer to the State’s Safety Program under 23 U.S.C. 402: National Highway System Program, Surface Transportation Program, and Interstate Maintenance Program.

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

      Note: To avoid a transfer on October 1, 2010, the National Highway Traffic Safety Administration (NHTSA) must receive from the State by September 30, 2010, a certificate and laws that conform with 23 U.S.C. 154 programs implementing regulations.

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

      Funds subject to ten percent withholding: National Highway System Program, Surface Transportation Program, and Interstate Maintenance Program.

      Puerto Rico*

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

      Funds subject to ten percent withholding: National Highway System Program, Surface Transportation Program, and Interstate Maintenance Program.

      Puerto Rico*

   5. Repeat Offenders – 23 U.S.C. 164

      Funds subject to three percent transfer to the State’s Safety Program under 23 U.S.C. 402: National Highway System Program, Surface Transportation Program, and Interstate Maintenance Program.

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

      Note: To avoid a transfer on October 1, 2010, NHTSA must receive from the State by September 30, 2010, a certificate and laws that conform with 23 U.S.C. 164 programs implementing regulations.

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

4. What are the anticipated Fiscal Year (FY) 2011 apportionments? The following tables show the FY 2011 anticipated apportionment amounts effective on October 1, 2010, for the period beginning on October 1, 2010, and ending on December 31, 2010.

   1. Table 1 shows the anticipated apportionments for the Interstate Maintenance Program, the National Highway System Program, the Surface Transportation Program, the Highway Bridge Replacement and Rehabilitation Program, the Congestion Mitigation and Air Quality Improvement Program, the Appalachian Development Highway System Program, the Recreational Trails Program, the Metropolitan Planning Program, the Highway Safety Improvement Program, the Railway-Highway Crossings Program, the Coordinated Border Infrastructure Program, the Safe Routes to School Program, and the Equity Bonus Program before assessment of penalties.

   2. Table 2 shows the programmatic distribution of Equity Bonus before assessment of penalties.

   3. Tables 3, 4, and 5 reflect the anticipated penalty amounts to be withheld and transferred to comply with 23 U.S.C. 153, 154, and 164 from the Interstate Maintenance Program, the National Highway System Program, the Surface Transportation Program, and the Congestion Mitigation and Air Quality Improvement Program.

   4. Table 6 shows the anticipated amount of apportionments for the Interstate Maintenance Program, the National Highway System Program, the Surface Transportation Program, the Highway Bridge Replacement and Rehabilitation Program, the Congestion Mitigation and Air Quality Improvement Program, the Appalachian Development Highway System Program, the Recreational Trails Program, the Metropolitan Planning Program, Highway Safety Improvement Program, the Railway-Highway Crossings Program, the Coordinated Border Infrastructure Program, the Safe Routes to School Program, and the Equity Bonus Program; including programmatic distribution of Equity Bonus and after the assessment of penalties.

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

* Highway program funds for Puerto Rico are no longer apportioned through 23 U.S.C. 104(b); however, Section 1120 of the 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. or 49 U.S.C.

Attachment

Victor M. Mendez Administrator