What is the purpose of this Notice? This Notice transmits the Revenue Aligned Budget Authority (RABA) for FY 2009 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law (Pub. L. No.) 109-59.

What is the background information?

1. Section 110 of Title 23, United States Code (U.S.C.), provides for adjustments in funding for Federal-aid Highway and Highway Safety Construction apportionments and allocated programs funded from the Highway Account of the Highway Trust Fund and the Federal Motor Carrier Safety Administration (FMCSA) to reflect changed estimates of Highway Account revenue.

2. Pursuant to Section 110(a)(2) of Title 23, U.S.C., if the amount of the RABA adjustments in funding is calculated to be less than zero for a fiscal year and if, as of October 1 of such fiscal year, the balance of the Highway Account of the Highway Trust Fund exceeds $6 billion, no reduction in funding will be made.

What RABA adjustment, if any, will be made? For FY 2009, the amount of the RABA adjustments in funding is calculated to be negative $1,001,241,952. As of October 1, 2008, the balance of the Highway Account of the Highway Trust Fund was in excess of $6 billion. Therefore, pursuant to Section 110(a)(2) of Title 23, U.S.C., no reduction in funding will be made for FY 2009.

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