Common use of Rulemaking Clause in Contracts

Rulemaking. 5.2.1 As provided at 23 U.S.C. 327(f), nothing in this MOU permits Caltrans to assume any rulemaking authority of the USDOT Secretary. Additionally, Caltrans may not establish policy and guidance on behalf of the USDOT Secretary or the FHWA for highway projects covered in this MOU. Caltrans’ authority to establish State regulations, policy, and guidance concerning the State environmental review of State highway projects shall not supersede applicable Federal environmental review regulations, formal policy, or guidance established by or applicable to the USDOT Secretary or the FHWA.

Rulemaking. 5.2.1 As provided at 23 U.S.C. 327(f), nothing in this MOU permits Caltrans to assume any rulemaking authority of the USDOT Secretary. Additionally, Caltrans may not establish policy and guidance on behalf of the USDOT Secretary or the FHWA for highway projects covered in this MOU. Caltrans’ Caltrans authority to establish State regulations, policy, and guidance concerning the State environmental review of State highway projects shall not supersede applicable Federal environmental review regulations, formal policy, or guidance established by or applicable to the USDOT Secretary or the FHWA.