This directive was canceled on March 21, 2006

U.S. Department of Transportation Federal Highway Administration	Notice Subject REVISED APPORTIONMENT OF FISCAL YEAR (FY) 2006 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM FUNDS
	Classification Code	Date	Office of Primary Interest
	N 4510.584	December 28, 2005	HCF-10

1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Appalachian Development Highway System Program funds authorized for FY 2006 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law (Pub. L. No.) 109-59 and the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115. The apportionment is effective immediately.

2. Does this Notice cancel FHWA notice 4510.568? Yes, this Notice cancels FHWA Notice 4510.568, Apportionment of Fiscal Year (FY) 2006 Appalachian Development Highway System Program Funds, dated October 1, 2005. The revisions to the apportionment are required pursuant to a takedown of up to 2.75 percent contained in Division A, title I, section 112 of the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115.

3. What is the availability of funds?

   1. The Appalachian Development Highway System Program funds resulting from this apportionment are available for obligation until expended.

   2. The funds resulting from this apportionment are subject to obligation controls in force at the time of obligation. Special obligation limitation will be provided with these funds.

   3. The Federal share is 80 percent. Toll credits may not be used for the non-Federal share.

   4. The program code to be used when obligating these funds is L980, and the project number prefix is ADP.

4. What is the background information?

   1. Section 1101(a)(7) of the SAFETEA-LU authorizes a total of $470,000,000 in contract authority for the Appalachian Development Highway System Program for FY 2006.

   2. Division A, title I, section 112 of Pub. L. No. 109-115 applies a takedown up to 2.75 percent of the amount apportioned for the Appalachian Development Highway System Program. This provision reduces the amount apportioned for the program by 2.35054493359 percent. The amount deducted is $11,047,561.

   3. The total contract authority available for distribution in FY 2006 net of the reductions is $458,952,439.

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

CERTIFICATE OF APPORTIONMENT FROM THE SUM OF $470,000,000
FOR THE APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM
AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006

TO-

The Secretary of the Treasury of the United States and the State departments of transportation:

Pursuant to section 9503 of the Internal Revenue Code of 1986, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, title 23, United States Code, and the delegation of authority from the Secretary of Transportation to the Acting Federal Highway Administrator in section 1.48, title 49, Code of Federal Regulations, I certify--

First, that the Secretary of the Treasury has made the estimate required by section 9503(d) of the Internal Revenue Code of 1986 and, based on that estimate, I have determined that the amount that can be apportioned for the Appalachian Development Highway System Program for the fiscal year ending September 30, 2006, pursuant to section 1101(a)(7) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users is $470,000,000, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, pursuant to Division A, title I, section 112 of the Department of Transportation Appropriations Act, 2006, Pub. L. No. 109-115, I have determined that it will be necessary to deduct up to 2.75 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2006, for the Appalachian Development Highway System Program, I have deducted 2.35054493359 percent from the sum of $470,000,000 authorized to be appropriated for the fiscal year ending September 30, 2006. The amount deducted is $11,047,561. The resulting amount is $458,952,439.

Third, that after making the deduction, I have computed the apportionment among the several States of the amount authorized to be appropriated for the Appalachian Development Highway System Program in the manner provided by law in accordance with the formula set forth in section 1116(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.

Fourth, that subject to the foregoing deductions, the sums that are hereby apportioned to the several States, effective immediately, are respectively as follows:

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