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 2003 pursuant to the Transportation Equity Act for the 21st Century (TEA-21), Restoration Act. The apportionment is effective immediately.
   
   
2. Does this Notice cancel FHWA Notice 4510.486? Yes, this Notice cancels FHWA Notice 4510.486, Apportionment of Fiscal Year (FY) 2003 Congestion Mitigation and Air Quality Improvement Program Funds, dated October 1, 2002. The revisions to the apportionment are required pursuant to the provisions of Division I, section 317, and Division N, section 601, of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), which includes the Department of Transportation and Related Agencies Appropriations Act, 2003.
   
   
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 until September 30, 2006. Any amounts not obligated by the State on or before September 30, 2006, 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 participating rate for these funds is 80 percent or 90 percent if used on the Interstate System (except for adding lanes that are not high-occupancy lanes or auxiliary lanes), with sliding scale rates not to exceed 95 percent.

   4. The appropriation code is Q40, and the project number prefix is CM.
      

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

Mary E. Peters Administrator

Attachment

CERTIFICATE OF APPORTIONMENT FROM
THE SUM OF $1,433,996,000 AUTHORIZED TO BE APPROPRIATED
FOR THE CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003

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 Transportation Equity Act for the 21st Century, 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, 2003, pursuant to section 1101(a)(5) of the Transportation Equity Act for the 21st Century, is $1,433,996,000, which is 100 percent of the amount authorized to be appropriated for the fiscal year.

Second, pursuant to Division N, section 601, of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), which includes the Department of Transportation and Related Agencies Appropriations Act for Fiscal Year, 2003, I have determined that it will be necessary to deduct .65 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2003, for the Congestion Mitigation and Air Quality Improvement Program, I have deducted said .65 percent from the sum of $1,433,996,000 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 1101(a)(5) of the Transportation Equity Act for the 21^st Century. The resulting amount authorized to be appropriated for the fiscal year ending September 30, 2003, is $1,424,675,026.

Third, pursuant to Division I, Section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have determined that it will be necessary to deduct 2.65 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2003, for the Congestion Mitigation and Air Quality Improvement Program for administering the provisions of section 104(a) title 23, United States Code, and I have deducted said 2.65 percent from the sum of $1,424,675,026 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 1101(a)(5) of the Transportation Equity Act for the 21st Century and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7).

Fourth, pursuant to Division I, section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have determined that it will be necessary to deduct .45 percent from the amount authorized to be appropriated for the fiscal year ending September 30, 2003, for the Congestion Mitigation and Air Quality Improvement Program, and I have deducted said .45 percent from the sum of $1,424,675,026 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 1101(a)(5) of the Transportation Equity Act for the 21^st Century and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7).

Fifth, pursuant to section 104(f) of title 23, United States Code, and after making the deduction authorized by section 104(a) of title 23, United States Code, pursuant to Division I, section 317 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), I have deducted 1 percent of the sum remaining of $1,424,675,026 authorized to be appropriated for the fiscal year ending September 30, 2003, by section 1101(a)(5) of the Transportation Equity Act for the 21st Century and Division N, section 601 of the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), for the purpose of carrying out section 134 of title 23, United States Code.

Sixth, 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 in section 104(b)(2) of title 23, United States Code.

Seventh, 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:

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