[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR624.9]

[Page 42-43]
 
                        TITLE 49--TRANSPORTATION
 
CHAPTER VI--FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 624_CLEAN FUELS FORMULA GRANT PROGRAM--Table of Contents
 
Sec.  624.9  Formula.

    The Clean Fuels Formula funds will be apportioned according to the 
following formula:
    (a) Areas with population 1,000,000 and above. Two thirds of the 
funds available each fiscal year shall be apportioned to applicants with 
eligible projects in urban areas with a population of 1,000,000 and 
above. Of this, 50 percent shall be apportioned so that each applicant 
receives a grant in an amount equal to the ratio between:
    (1) The number of vehicles in the bus fleet of the eligible 
applicant, weighted by the severity of nonattainment for the area in 
which the eligible applicant is located; and
    (2) The total number of vehicles in the bus fleets of all eligible 
applicants in areas with a population of 1,000,000 and above, weighted 
by the severity of nonattainment for all areas in which those eligible 
projects are located as provided in paragraphs (c) and (d) of this 
section. The remaining 50 percent shall be apportioned such that each 
designated recipient receives a grant in an amount equal to the ratio 
between:
    (i) The number of bus passenger miles of the eligible designated 
recipient, weighted by the severity of nonattainment of the area in 
which the eligible applicant is located as provided in paragraphs (c) 
and (d) of this section.
    (ii) The total number of bus passenger miles of all eligible 
applicants in areas with a population of 1,000,000 and above, weighted 
by the severity of nonattainment of all areas in which those eligible 
applicants are located as provided in paragraphs (c) and (d) of this 
section.
    (b) Areas under 1,000,000 population. The formula for areas under 
1,000,000 in population is the same as paragraph (a) of this section, 
except the formula removes the pool of eligible applicants in areas with 
a population of 1,000,000 and above and replaces it with the pool of 
eligible applicants in areas with populations under 1,000,000.
    (c) Weighting factors. (1) The weighting factor for ozone shall be 
determined based on the following factors.
    (i) 1.0 if, at the time of the apportionment, the area is a 
maintenance area for ozone;
    (ii) 1.1 if, at the time of the apportionment, the area is 
classified as a marginal ozone nonattainment area;
    (iii) 1.2 if, at the time of the apportionment, the area is 
classified as a moderate ozone nonattainment area;
    (iv) 1.3 if, at the time of the apportionment, the area is 
classified as a serious ozone nonattainment area;
    (v) 1.4 if, at the time of the apportionment, the area is classified 
as a severe ozone nonattainment area;
    (vi) 1.5 if, at the time of the apportionment, the area is 
classified as an extreme ozone nonattainment area;
    (2) The weighting factor for CO shall be determined based on the 
factors:
    (i) 1.0 if, at the time of the apportionment, the area is a 
maintenance area for carbon monoxide;
    (ii) 1.2 if, at the time of the apportionment, the area is 
classified as a moderate carbon monoxide nonattainment area;

[[Page 43]]

    (iii) 1.3 if, at the time of the apportionment, the area is 
classified as a serious carbon monoxide nonattainment area.
    (3) The number of buses in the fleet and the bus passenger miles 
shall be multiplied by the higher of the ozone or CO factors.
    (d) Additional adjustment. The number of buses in the fleet and the 
bus passenger miles shall be further multiplied by a factor of 1.2 if 
the area is both nonattainment for CO and either nonattainment or 
maintenance for ozone.
    (e) Limitation on uses. (1) Not less than 5 percent of the amount 
made available by or appropriated under 49 U.S.C. 5338 in each fiscal 
year to carry out this section shall be available for any eligible 
projects for which an application is received from a designated 
recipient for the purchase or construction of hybrid electric or 
battery-powered buses or facilities specifically designed to service 
those buses.
    (2) Not more than 35 percent of the amount made available by or 
appropriated under 49 U.S.C. 5338 in each fiscal year to carry out this 
section may be made available to fund clean diesel buses.
    (3) Not more than 5 percent of the amount made available by or 
appropriated under 49 U.S.C. 5338 in each fiscal year to carry out this 
section may be made available to fund 21 retrofitting or replacement of 
the engines of buses that do not meet the clean air standards of the 
Environmental Protection Agency, as in effect on the date on which the 
application for such retrofitting or replacement is submitted under 
Sec.  624.5.
    Note to Sec.  624.9. Maximum grant amount. The amount of a grant 
made to a designated recipient under this section shall not exceed the 
lesser of--for an eligible project in an area with a population of less 
than 1,000,000, $15,000,000,--and for an eligible project in an area 
with a population of at least 1,000,000, $25,000,000; or 80 percent of 
the total cost of the eligible project. Any amounts that would otherwise 
be apportioned to a designated reciipient under this Note that exceed 
the amount described in this Note shall be reapportioned among other 
designated recipients in accordance with this section.

[67 FR 41579, June 18, 2002]