(a) On October 1, 2000, and October 1, 2001, if a State does not have in effect or is not enforcing the law described in Sec. 1270.4, the Secretary shall transfer an amount equal to 1\1/2\ percent of the funds apportioned to the State for that fiscal year under each of 23 U.S.C. 104(b)(1), (b)(3), and (b)(4) to the apportionment of the State under 23 U.S.C. 402.
(b) On October 1, 2002, and each October 1 thereafter, if a State does not have in effect or is not enforcing the law described in Sec. 1270.4, the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State for that fiscal year under each of 23 U.S.C. 104(b)(1), (b)(3), and (b)(4) to the apportionment of the State under 23 U.S.C. 402.
(c) On October 1, the transfers to Section 402 apportionments will be made based on proportionate amounts from each of the apportionments under Sections 104(b)(1), (b)(3) and (b)(4). Then the State's Department of Transportation will be given until October 30 to notify FHWA, through the appropriate Division Administrator, if they would like to change the distribution among Section 104(b)(1), (b)(3) and (b)(4). [63 FR 53585, Oct. 6, 1998, as amended at 65 FR 51538, Aug. 24, 2000]