Statutory and Regulatory Requirements. The Recipient agrees to comply with:
Statutory and Regulatory Requirements. The Recipient agrees to comply with: i. Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note; ii. U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26; and
Statutory and Regulatory Requirements. 19.1 The rights and obligations of the parties under this Agreement are subject to any applicable statutory or regulatory requirements. Where the performance of an obligation or the exercise of a right is subject to a statutory or regulatory requirement:
Statutory and Regulatory Requirements. The Grantee agrees to comply with:
Statutory and Regulatory Requirements. The Recipient agrees to comply with: 1 Section 1101(b) of MAP-21, 23 U.S.C. § 101 note, 2 U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and 3 Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 13.a of this Master Agreement,
Statutory and Regulatory Requirements. All applicable Federal and State laws and the codes, rules and regulations of all authorities having jurisdiction over the performance of the Project shall apply to this Agreement throughout its term and they will be deemed to be included in this Agreement the same as though written herein in full.
Statutory and Regulatory Requirements. Supplier shall ensure that the products, processes and services provided to Xxxxx shall conform to current applicable statutory and regulatory requirements in the country of receipt, the country of shipment and the customer-identified country of destination if required. In the event Xxxxx defines special controls for certain products with statutory and regulatory requirements, supplier shall ensure that they are implemented and maintained as defined including at their supplier.
Statutory and Regulatory Requirements. The organization shall document their process to ensure that purchased products, processes and services conform to the current applicable statutory and regulatory requirements in the country of receipt, the country of shipment, and the customer-identified country of destination, if provided. If the customer defines special controls for certain products with statutory and regulatory requirements, the organization shall ensure they are implemented and maintained as defined, including at suppliers.
Statutory and Regulatory Requirements. Federal Endangered Species Act Section 9 of the ESA prohibits the “take” of any fish or wildlife species federally listed as endangered (16 U.S.C. 1538(a)(1) unless authorized under the provisions of Section 1, 4(d), or 10(a) of the ESA. Section 4 of the ESA allows USFWS to issue regulations which prohibit the take of any fish and wildlife species listed as threatened as well (16 U.S.C. 1533(d). The take prohibition was extended to the marbled murrelet when it was listed as threatened under the ESA on September 28, 1992 (57 FR 45328). “Take”, as defined by the ESA, means “to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect a listed species, or attempt to engage in any such conduct” [ESA §3(19)]. The 1982 amendments to the ESA established a provision in Section 10 of the ESA that allows for “incidental take” of threatened and endangered species of wildlife by non-federal entities. Incidental take is defined by the ESA as take that is “incidental to, and not the purpose of, the carrying out of an otherwise lawful activity” [50 Code of Federal Regulations (CFR) §402.02]. Sections 2, 7, and 10 of the ESA allow USFWS to approve SHAs. Section 2 of the ESA states that “encouraging the States and other interested parties, through federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants” [ESA §2(5)]. Section 7(a)(2) of the ESA requires all federal agencies, in consultation with USFWS, to ensure that any action “authorized, funded, or carried out” by any such agency “is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification” of critical habitat. Actions of federal agencies that are not likely to jeopardize the continued existence of listed species or result in destruction or adverse modification of their designated critical habitat, but that could adversely affect the species, or result in a take, must be addressed under Section 7 of the ESA. By entering into the SHA, USFWS is using the Safe Harbor Program to further the conservation of the Nation’s wildlife. Finally, section 10(a)(1)(A) of the ESA authorizes the issuance of enhancement of survival permits to allow for “incidental tak...
Statutory and Regulatory Requirements. A. Administrative Procedure Act Under section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553), agencies generally are required to publish a notice of proposed rulemaking in the Federal Register that solicits public comment on the proposed regulatory amendments, consider public comments in deciding on the content of the final amendments, and publish the final amendments at least 30 days prior to their effective date. This rule is exempt from APA rulemaking requirements pursuant to 5 U.S.C. 553(a)(1) as a foreign affairs function of the United States because it is promulgating several of the U.S. domestic regulations necessary to implement the preferential tariff treatment and customs related provisions of the USMCA, which is a trilateral agreement negotiated between the United States, Mexico, and Canada. However, CBP is soliciting comments on this IFR and will consider all comments received before issuing a final rule. For the same reasons, a delayed effective date is not required under 5 U.S.C. 553(d)(3). The USMCA entered into force on July 1, 2020. CBP provided guidance to the public on how to comply with the requirements of the USMCA by posting on the CBP website, available at xxxxx://xxx.xxx.xxx/trade/ priority-issues/trade-agreements/free- trade-agreements/USMCA, the U.S. USMCA Implementing Instructions, which were issued on March 25, 2020 and updated on June 30, 2020. The provisions of this IFR codify several of these Implementing Instructions. A delayed effective date would cause additional confusion and would be impractical, unnecessary, and contrary to public interest.
