Procedural and Substantive Requirements Clause Samples

Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT Secretary's responsibilities under this MOU, Caltrans shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities, including, but not limited to, environmental justice. Such procedural and substantive requirements include, but are not limited to, Federal statutes and regulations, , Executive Orders issued by the President of the United States, USDOT Orders, Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1500 -1508), FHWA Orders, official guidance and policy issued by the CEQ, Office of Management and Budget (OMB), USDOT, or the FHWA (e.g. Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects), and any applicable Federal court decisions, and, subject to subpart 5.1.3 below, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process [e.g., the 2015 Red Book – Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects]. Official USDOT and FHWA formal guidance and policies relating to environmental review matters are posted on the FHWA’s website, contained in the FHWA Environmental Guidebook, published in the Federal Register, or sent to Caltrans electronically or in hard copy. ▇▇▇▇▇▇▇▇ has reviewed the following memoranda and understands that by accepting the FHWA's NEPA responsibilities, it also agrees to perform the FHWA's obligations set forth in these memoranda, consistent with the assigned authorities under this MOU: • 2014 MOA between the U.S. Coast Guard (USCG) and the FHWA to Coordinate and Improve Bridge Planning and Permitting • 2014 MOU between USCG, the FHWA, the Federal Transit Administration, and the Federal Railroad Administration to Coordinate and Improve Bridge Planning and Permitting
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Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT Secretary's responsibilities under this MOU, TxDOT shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities. Such procedural and substantive requirements include Federal statutes and regulations, Executive Orders issued by the President of the United States, USDOT Orders, Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500 – 1508), FHWA Orders, official guidance and policy issued by the CEQ, USDOT, or the FHWA, and any applicable Federal court decisions, and, subject to subpart 5.1.4 below, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process [e.g., the MOU between the USDOT and the US Coast Guard and the MOA between FHWA and the US Coast Guard].
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Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT Secretary's responsibilities under this MOU, ODOT shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities. Such procedural and substantive requirements include, but are not limited to, Federal statutes and regulations, Executive Orders issued by the President of the United States, USDOT Orders, Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500 -1508), FHWA Orders, official guidance and policy issued by the CEQ, Office of Management and Budget (OMB), USDOT, or the FHWA (e.
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Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. § 327(a)(2)(C), in assuming the USDOT Secretary’s responsibilities under this MOU, FDOT shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities. Such procedural and substantive requirements include: Federal statutes and regulations, Orders issued by the President of the United States; USDOT Orders; Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508); FHWA Orders; formal guidance and policy issued by the CEQ, USDOT, or FHWA (including, e.g., Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects); any applicable federal court decisions; and, subject to subpart 5.1.4 of this MOU, interagency agreements and other similar documents that relate to the environmental review process (including, e.g., 2015 Red Book - Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects). Official USDOT and FHWA formal guidance and policies relating to environmental review are posted on the FHWA's website, contained in the FHWA Environmental Review Toolkit, published in the Federal Register, or will be sent to FDOT electronically or in hard copy.
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Procedural and Substantive Requirements. 4.1.1 Same procedural and substantive requirements – As provided at 23 U.S.C. 327(a)(2)(C), TxDOT is subject to the same procedural and substantive requirements as would apply if the responsibilities were carried out by FHWA including Federal statutes and regulations, Executive Orders issued by the President of the United States, USDOT Orders, FHWA Orders, and official guidance and policy. 4.1.2 Coordination with other agencies - TxDOT will seek early and appropriate coordination with Federal agencies concerning the laws, guidance, and policies that such other Federal agencies are responsible for administering and which relate to TxDOT’s responsibilities under this MOU.
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Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT Secretary's responsibilities under this MOU, ODOT shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities. Such procedural and substantive requirements include, but are not limited to, Federal statutes and regulations, EOs issued by the President of the United States, USDOT Orders, Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 C.F.R. parts 1500 - 1508), Environmental Impact and Related Procedures (23 C.F.R. part 771), official guidance and policy issued by the CEQ, Office of Management and Budget, USDOT, or the FRA (e.g. Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects), and any applicable Federal court decisions, and, subject to subpart 5.1.4 below, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process [e.g., the 2015 Red Book – Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects, etc.].
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Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the FRA’s responsibilities under this MOU with respect to the railroad projects assigned and described in subpart 3.3, the State will be subject to the same procedural and substantive requirements that apply to the FRA in carrying out these responsibilities, including, but not limited to, environmental justice. Such procedural and substantive requirements include Federal statutes and regulations; Executive Orders issued by the President of the United States; USDOT Orders; Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500–1508); FRA Orders; official guidance and policy issued by the CEQ, Office of Management and Budget (OMB), USDOT, or the FRA (e.g., OMB Memorandum M-15-20, Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects); any applicable Federal court decisions; and, subject to section 5.3.2 below, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process (e.g., the 2015 Red Book – Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects).
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Procedural and Substantive Requirements. 5.1.1 As provided at 23 U.S.C. 327(a)(2)(C), in assuming the USDOT Secretary's responsibilities under this MOU, Caltrans shall be subject to the same procedural and substantive requirements that apply to the USDOT Secretary in carrying out these responsibilities. Such procedural and substantive requirements include, but are not limited to, Federal statutes and regulations, Executive Orders issued by the President of the United States, USDOT Orders, Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500 -1508), FHWA Orders, official guidance and policy issued by the CEQ, Office of Management and Budget (OMB), USDOT, or the FHWA (e.g. Guidance Establishing Metrics for the Permitting and Environmental Review of Infrastructure Projects), and any applicable Federal court decisions, and, subject to subpart 5.1.4 below, interagency agreements such as programmatic agreements, memoranda of understanding, memoranda of agreement, and other similar documents that relate to the environmental review process [e.g., the 2015 Red Book – Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects, etc.]. Caltrans has reviewed the 2014 MOA between the US Coast Guard (USCG) and FHWA and understands that by accepting FHWA's NEPA responsibilities, it also agrees to perform FHWA's obligations set forth in the MOU between the USDOT and the USCG and the MOA between FHWA and the USCG.
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Related to Procedural and Substantive Requirements

  • Procedural Matters The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in such proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy following an Event of Default will not impair the right or remedy or constitute a waiver of, or acquiescence in, such Event of Default. All remedies will be cumulative to the extent permitted by law.

  • PROCEDURAL HISTORY On July 13, 2001, pursuant to 83 Illinois Administrative Code Part 763, Illinois Bell Telephone Company (“Ameritech Illinois”) and RCN Telecom Services of Illinois, Inc. (“RCN”), filed a joint petition for approval of the First Amendment to the Interconnection Agreement dated May 18, 2001 (the “Agreement”), under Sections 252(a)(1) and 252 (e) of the Telecommunications Act of 1996 (47 U.S.C. 151, et seq.) (“the Act). The Agreement was submitted with the petition. A statement in support of the petition was filed along with verifications sworn to by ▇▇▇▇ ▇▇▇▇▇▇, on behalf of Ameritech Illinois, and by ▇▇▇▇▇▇ ▇. ▇▇▇▇, on behalf of RCN, stating that the facts contained in the petition are true and correct to the best of their knowledge, information, and belief. Pursuant to notice as required by law and the rules and regulations of the Commission, this matter came on for hearing by a duly authorized Administrative Law Judge of the Commission at its offices in Chicago, Illinois, on August 15, 2001. Staff filed the Verified Statement of A. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ of the Commission’s Telecommunications Division. At the hearing on August 15, Staff and Ameritech appeared and agreed that there were no unresolved issues in this proceeding. ▇▇. ▇▇▇▇▇▇▇’▇ Verified Statement was admitted into evidence and the record was marked “Heard and Taken.”

  • Procedural Requirements All holders of record of shares of Preferred Stock shall be sent written notice of the Mandatory Conversion Time and the place designated for mandatory conversion of all such shares of Preferred Stock pursuant to this Section 6. Such notice need not be sent in advance of the occurrence of the Mandatory Conversion Time. Upon receipt of such notice, each holder of shares of Preferred Stock shall surrender his, her or its certificate or certificates for all such shares (or, if such holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation at the place designated in such notice. If so required by the Corporation, certificates surrendered for conversion shall be endorsed or accompanied by written instrument or instruments of transfer, in form satisfactory to the Corporation, duly executed by the registered holder or by his, her or its attorney duly authorized in writing. All rights with respect to the Preferred Stock converted pursuant to Section 6.1, including the rights, if any, to receive notices and vote (other than as a holder of Common Stock), will terminate at the Mandatory Conversion Time (notwithstanding the failure of the holder or holders thereof to surrender the certificates at or prior to such time), except only the rights of the holders thereof, upon surrender of their certificate or certificates (or lost certificate affidavit and agreement) therefor, to receive the items provided for in the next sentence of this Subsection 6.2. As soon as practicable after the Mandatory Conversion Time and the surrender of the certificate or certificates (or lost certificate affidavit and agreement) for Preferred Stock, the Corporation shall issue and deliver to such holder, or to his, her or its nominees, a certificate or certificates for the number of full shares of Common Stock issuable on such conversion in accordance with the provisions hereof, together with cash as provided in Subsection 5.2 in lieu of any fraction of a share of Common Stock otherwise issuable upon such conversion and the payment of any declared but unpaid dividends on the shares of Preferred Stock converted. Such converted Preferred Stock shall be retired and cancelled and may not be reissued as shares of such series, and the Corporation may thereafter take such appropriate action (without the need for stockholder action) as may be necessary to reduce the authorized number of shares of Preferred Stock accordingly.

  • Procedural and Operational Requirements By accepting and using the Financial Assistance awarded under this Agreement and for this Program Element, LPHA agrees to conduct the following activities in accordance with the indicated procedural and operational requirements: a. LPHA must operate its Communicable Disease program in accordance with the Requirements and Standards for the Control of Communicable Disease set forth in ORS Chapters 431, 432, 433 and 437 and OAR Chapter 333, Divisions 12, 17, 18, 19 and 24, as such statutes and rules may be amended from time to time. b. LPHA must use all reasonable means to investigate in a timely manner all reports of Reportable Diseases, infections, or conditions. To identify possible sources of infection and to carry out appropriate control measures, the LPHA Administrator shall investigate each report following procedures outlined in OHA’s Investigative Guidelines or other procedures approved by OHA. OHA may provide assistance in these investigations, in accordance with OAR 333-019-0000. Investigative guidelines are available at: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/oha/PH/DiseasesConditions/CommunicableDisease/ReportingCommuni cableDisease/ReportingGuidelines/Pages/index.aspx c. As part of its Communicable Disease control program, LPHA must, within its service area, investigate the Outbreaks of Communicable Diseases, institute appropriate Communicable Disease control measures, and submit required information in a timely manner regarding the Outbreak to OHA in Orpheus (or Opera for COVID-19 Cases and ▇▇▇▇▇ for COVID-19 contacts) as prescribed in OHA CD Investigative Guidelines available at: d. LPHA must establish and maintain a single telephone number whereby physicians, hospitals, other health care providers, OHA and the public can report Communicable Diseases and Outbreaks to LPHA 24 hours a day, 365 days a year. LPHA may employ an answering service or 911 system, but the ten-digit number must be available to callers from outside the local emergency dispatch area, and LPHA must respond to and investigate reported Communicable Diseases and Outbreaks. e. LPHA must attend Communicable Disease 101 and Communicable Disease 303 training. f. LPHA must attend monthly Orpheus user group meetings or monthly Orpheus training webinars.