This directive was canceled March 19, 2007

U.S. Department of Transportation Federal Highway Administration	Notice Subject Revised Apportionment of Fiscal Year (FY) 2007 Congestion Mitigation And Air Quality Improvement Program Funds
	Classification Code	Date	Office of Primary Interest
	N 4510.633	January 9, 2007	HCBF-1

1. What is the purpose of this Notice? This Notice transmits the revised certificate of apportionment of Congestion Mitigation and Air Quality Improvement Program funds authorized for FY 2007 pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law (Pub. L. No.) 109-59. The apportionment is effective immediately.

2. Does this Notice cancel FHWA Notice 4510.626? Yes, this Notice cancels FHWA Notice 4510.626, Revised Apportionment of Fiscal Year (FY) 2007 Congestion Mitigation and Air Quality Improvement Program Funds, dated November 29, 2006. Under the terms of the Continuing Resolution, Pub. L. No. 109-383, the revision to the apportionment is required due to a revised percent takedown from the amount authorized for the Congestion Mitigation and Air Quality Improvement Program. The funds are being provided to the National Highway Traffic and Safety Administration.

3. What is the availability of these funds?

   1. The Congestion Mitigation and Air Quality Improvement Program funds resulting from this apportionment are available for obligation through September 30, 2010. Any amounts not obligated by the State on or before September 30, 2010, shall lapse.

   2. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.

   3. The Federal share will be in accordance with Section 120 of Title 23, United States Code (U.S.C.).

   4. The program code to be used when obligating these funds is L400.

4. What is the background information? Section 1101(a)(5) of the SAFETEA-LU authorizes a total of $1,721,380,718 in contract authority for the Congestion Mitigation and Air Quality Improvement Program for FY 2007. The total contract authority for distribution in FY 2007 net of the reductions is $1,697,525,218.

   1. The Continuing Resolution, Pub. L. No. 109-383, applies a percentage share takedown of $44,630,407 of the amount apportioned for the Congestion Mitigation and Air Quality Improvement Program. This reduces the amount authorized for the Congestion Mitigation and Air Quality Improvement Program by 2,338,241.

   2. Section 104(f) of Title 23, U.S.C., applies a 1.25 percent takedown for Metropolitan Planning from the amount authorized for the Congestion Mitigation and Air Quality Improvement Program. This provision reduces the amount apportioned by $21,517,259.

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

	J. Richard Capka Acting Administrator

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $1,721,380,718 AUTHORIZED TO BE APPROPRIATED
FOR THE CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007

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 Federal Highway Administrator, Section 1.48 of 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 Congestion Mitigation and Air Quality Improvement Program for the fiscal year ending September 30, 2007, pursuant to Section 1101(a)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, is $1,721,380,718, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, pursuant to the Continuing Resolution, Public Law 109-383, I have determined that it will be necessary to deduct a percentage share of $44,630,407 from the amount authorized to be appropriated for the fiscal year ending September 30, 2007, for the Congestion Mitigation and Air Quality Improvement Program; I have deducted $2,338,241 from the sum of $1,721,380,718 authorized to be appropriated for the fiscal year ending September 30, 2007.

Third, pursuant to Section 104(f) of Title 23, United States Code, I have deducted 1.25 percent from the sum of $1,721,380,718 authorized to be appropriated for the fiscal year ending September 30, 2007, by Section 1101(a)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, for the purpose of carrying out Section 134 of Title 23, United States Code. The amount deducted is $21,517,259. The resulting amount available for distribution is $1,697,525,218.

Fourth, that after making the deductions, I have computed the apportionment to each State and the District of Columbia of the remainder of the amounts authorized to be appropriated for the Congestion Mitigation and Air Quality Improvement Program in the manner provided by law in accordance with the formula set forth. Fifth, that subject to the foregoing deductions, the sums that are hereby apportioned to each State and the District of Columbia, effective immediately, are respectively as follows: