(a) The EPF will generally perform the same functions for analysis of actions abroad that it performs in the United States. In addition to the requirements of 32 CFR part 187, the following Air Force specific rules apply:
(b) For EAs dealing with global commons (geographic areas beyond the jurisdiction of the United States or any foreign nation), HQ USAF/A7CI will review actions that are above the MAJCOM approval authority. In this instance, approval authority refers to the same approval authority that would apply to an EA in the United States. The EPF documents a decision not to do an EIS.
(c) For EISs dealing with the global commons, the EPF provides sufficient copies to HQ USAF/A7CI for the HQ USAF ESOHC review and AFCEE/TDB technical review. After ESOHC review, the EPF makes a recommendation as to whether the proposed draft EIS will be released as a draft EIS.
(d) For environmental studies and environmental reviews, forward, when appropriate, environmental studies and reviews to HQ USAF/A7CI for coordination among appropriate federal agencies. HQ USAF/A7CI makes environmental studies and reviews available to the Department of State and other interested federal agencies, and, on request, to the United States public, in accordance with 32 CFR part 187. HQ USAF/A7CI also may inform interested foreign governments or furnish copies of studies, in accordance with 32 CFR part 187. [64 FR 38129, July 15, 1999, as amended at 66 FR 16869, Mar. 28, 2001; 72 FR 37107, July 9, 2007]
Sec. Appendix A to Part 989--Glossary of References, Abbreviations,
Acronyms, and Terms
References
Legislative 10 U.S.C. 2687, Base Closures and Realignments42 U.S.C. 4321-4347, National Environmental Policy Act of 196942 U.S.C. 7506(c), Clean Air Act Amendments of 199042 U.S.C. 13101(b), Pollution Prevention Act of 199043 U.S.C. 155-158, Engle Act
Executive Orders Executive Order 11988, Floodplain Management, May 24, 1977Executive Order 11990, Protection of Wetlands, May 24, 1977Executive Order 12088, Federal Compliance with Pollution Control Standards.Executive Order 12114, Environmental Effects Abroad of Major Federal Actions, January 4, 1979Executive Order 12372, Intergovernmental Review of Federal Programs, July 14, 1982Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, February 11, 1994
U.S. Government Agency Publications Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act, 40 CFR parts 1500-1508Department of Defense Directive DoDD 4715.1E, Environment, Safety, and Occupational HealthDepartment of Defense Directive (DoDD) 6050.7, Environmental Effects Abroad of Major Department of Defense Actions, March 31, 1979 (32 CFR part 187)Department of Defense Instruction (DoDI) 4715.9, Environmental Planning and AnalysisDepartment of Defense Directive DoDD 5000.1, The Defense Acquisition SystemDepartment of Defense Regulation 5000.2-R, Mandatory Procedures for Major Defense Acquisition Programs and Major Automated Information System Acquisition Programs
Air Force Publications AFPD 32-70, Environmental QualityAFI 32-1021, Planning and Programming of Facility Construction ProjectsAFI 32-7002, Environmental Information Management SystemAFI 32-7005, Environmental Protection CommitteesAFI 32-7040, Air Quality ComplianceAFI 32-7062, Air Force Comprehensive PlanningAFI 32-7063, Air Installation Compatible Use Zone ProgramAFI 32-7064, Integrated Natural Resources ManagementAFI 32-7080, Pollution Prevention ProgramAFI 35-101, Public Affairs Policies and ProceduresAFMAN 37-139, Records Disposition Schedule
Abbreviations and Acronyms ------------------------------------------------------------------------
Abbreviation or Acronym Definition------------------------------------------------------------------------AFCEE........................ Air Force Center for Engineering and the
EnvironmentAFCEE/TDB.................... AFCEE Technical Directorate, Built
Infrastructure Division (AFCEE/TDB)AFI.......................... Air Force InstructionAFLOA/JACE................... Air Force Legal Services Agency/
Environmental Law and Litigation
DivisionAFLOA/JAJT................... Air Force Legal Services Agency/Trial
Judiciary DivisionAFMAN........................ Air Force ManualAFMOA/SG..................... Air Force Medical Operations Agency/
Aerospace Medicine OfficeAFPD......................... Air Force Policy DirectiveAFRES........................ Air Force ReserveANG.......................... Air National GuardANGRC........................ Air National Guard Readiness CenterBMP.......................... Best Management PracticeCATEX........................ Categorical ExclusionCEQ.......................... Council on Environmental QualityCFR.......................... Code of Federal RegulationsDoD.......................... Department of DefenseDoDD......................... Department of Defense DirectiveDoDI......................... Department of Defense InstructionDOPAA........................ Description of Proposed Action and
AlternativesEA........................... Environmental AssessmentEIAP......................... Environmental Impact Analysis ProcessEIS.......................... Environmental Impact StatementE.O.......................... Executive OrderEPA.......................... Environmental Protection AgencyEPC.......................... Environmental Protection CommitteeEPF.......................... Environmental Planning FunctionESOHC........................ Environmental Safety and Occupational
Health CommitteeFAA.......................... Federal Aviation AdministrationFEIS......................... Final Environmental Impact StatementFOA.......................... Field Operating AgencyFONPA........................ Finding of No Practicable AlternativeFONSI........................ Finding of No Significant ImpactGSA.......................... General Services AdministrationHQ AFMC...................... Headquarters, Air Force Materiel CommandHQ USAF...................... Headquarters, United States Air ForceHQ USAF/A7C.................. The Air Force Civil EngineerMAJCOM....................... Major CommandMGM.......................... Materiel Group ManagerMOA.......................... Military Operating AreaMOU.......................... Memorandum of UnderstandingMSL.......................... Mean Sea LevelNEPA......................... National Environmental Policy Act of 1969NGB-CF....................... National Guard Bureau Air DirectorateNGB-JA....................... National Guard Bureau Office of the Staff
Judge AdvocateNGB-PA....................... National Guard Bureau Office of Public
AffairsNOA.......................... Notice of AvailabilityNOI.......................... Notice of IntentOSD.......................... Office of the Secretary of DefenseOSHA......................... Occupational Safety and Health
AdministrationPDEIS........................ Preliminary Draft Environmental Impact
Statement
PGM.......................... Product Group ManagerREO.......................... Air Force Regional Environmental OfficeROD.......................... Record of DecisionSAF/AQR...................... Deputy Assistant Secretary of the Air
Force (Science, Technology, and
Engineering)SAF/GC....................... Air Force General CounselSAF/LL....................... Air Force Office of Legislative LiaisonSAF/IE....................... Assistant Secretary of the Air Force for
Installations, Environment & LogisticsSAF/IEE...................... Deputy Assistant Secretary of the Air
Force for Environment, Safety and
Occupational Health (ESOH)SAF/IEI...................... Deputy Assistant Secretary of the Air
Force for Installations.SAF/PA....................... Air Force Office of Public AffairsSJA.......................... Staff Judge AdvocateSM........................... Single ManagerSPD.......................... Single Program DirectorSPOC......................... Single Point of ContactTDY.......................... Temporary DutyU.S.C........................ United States Code------------------------------------------------------------------------
Terms
Note: All definitions in the CEQ Regulations, 40 CFR part 1508, apply to this part. In addition, the following definitions apply:
Best Management Practices (BMPs)--Under the EIAP, BMPs should be applied in furtherance of 32 CFR 989.22, Mitigations or to fulfill permit requirements (see also E.O. 12088, ``Federal Compliance with Pollution Control Standards).
Description of Proposed Action and Alternatives (DOPAA)--An Air Force document that is the framework for assessing the environmental impact of a proposal. It describes the purpose and need for the action, the alternatives to be considered, and the rationale used to arrive at the proposed action. The DOPAA often unfolds as writing progresses. The DOPAA can change during the internal scoping and public scoping process, especially as ideas and issues become clearer, and as new information makes changes necessary.
Environmental Impact Analysis Process (EIAP)--The Air Force program that implements the requirements of NEPA and requirements for analysis of environmental effects abroad under E.O. 12114.
Finding of No Practicable Alternative (FONPA)--Finding contained in a FONSI or ROD, according to Executive Orders 11988 and 11990, that explains why there are no practicable alternatives to an action affecting a wetland or floodplain, based on appropriate EIAP analysis or other documentation.
Interdisciplinary--An approach to environmental analysis involving more than one discipline or branch of learning.
Pollution Prevention--``Source reduction,'' as defined under the Pollution Prevention Act, and other practices that reduce or eliminate pollutants through increased efficiency in the use of raw materials, energy, water, or other resources, or in the protection of natural resources by conservation.
Proponent--Any office, unit, or activity that proposes to initiate an action.
Scoping--A process for proposing alternatives to be addressed and for identifying the significant issues related to a proposed action. Scoping includes affirmative efforts to communicate with other federal agencies, state, Tribal, and local governments, and the public.
Single Manager--Any one of the Air Force designated weapon system program managers, that include System Program Directors (SPDs), Product Group Managers (PGMs), and Materiel Group Managers (MGMs).
United States--All states, commonwealths, the District of Columbia, territories and possessions of the United States, and all waters and airspace subject to the territorial jurisdiction of the United States. The territories and possessions of the United States include American Samoa, Guam, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, Palmyra Island, the Virgin Islands, and Wake Island. [64 FR 38129, July 15, 1999, as amended at 66 FR 16869, Mar. 28, 2001; 72 FR 37107, July 9, 2007; 79 FR 35287, June 20, 2014]
Sec. Appendix B to Part 989--Categorical Exclusions
A2.1. Proponent/EPF Responsibility
Although a proposed action may qualify for a categorical exclusion from the requirements for environmental impact analysis under NEPA, this exclusion does not relieve the EPF or the proponent of responsibility for complying with all other environmental requirements related to the proposal, including requirements for permits, and state regulatory agency review of plans.
A2.2. Additional Analysis
Circumstances may arise in which usually categorically excluded actions may have a significant environmental impact and, therefore, may generate a requirement for further environmental analysis. Examples of situations where such unique circumstances may be present include:
A2.2.1. Actions of greater scope or size than generally experienced for a particular category of action.
A2.2.2. Potential for degradation (even though slight) of already marginal or poor environmental conditions.
A2.2.3. Initiating a degrading influence, activity, or effect in areas not already significantly modified from their natural condition.
A2.2.4. Use of unproved technology.
A2.2.5. Use of hazardous or toxic substances that may come in contact with the surrounding environment.
A2.2.6. Presence of threatened or endangered species, archaeological remains, historical sites, or other protected resources.
A2.2.7. Proposals adversely affecting areas of critical environmental concern, such as prime or unique agricultural lands, wetlands, coastal zones, wilderness areas, floodplains, or wild and scenic river areas.
A2.2.8. Proposals with disproportionately high and adverse human health or environmental effects on minority populations or low-income populations.
A2.3. CATEX List
Actions that are categorically excluded in the absence of unique circumstances are:
A2.3.1. Routine procurement of goods and services.
A2.3.2. Routine Commissary and Exchange operations.
A2.3.3. Routine recreational and welfare activities.
A2.3.4. Normal personnel, fiscal or budgeting, and administrative activities and decisions including those involving military and civilian personnel (for example, recruiting, processing, paying, and records keeping).
A2.3.5. Preparing, revising, or adopting regulations, instructions, directives, or guidance documents that do not, themselves, result in an action being taken.
A2.3.6. Preparing, revising, or adopting regulations, instructions, directives, or guidance documents that implement (without substantial change) the regulations, instructions, directives, or guidance documents from higher headquarters or other Federal agencies with superior subject matter jurisdiction.
A2.3.7. Continuation or resumption of pre-existing actions, where there is no substantial change in existing conditions or existing land uses and where the actions were originally evaluated in accordance with applicable law and regulations, and surrounding circumstances have not changed.
A2.3.8. Performing interior and exterior construction within the 5-foot line of a building without changing the land use of the existing building.
A2.3.9. Repairing and replacing real property installed equipment.
A2.3.10. Routine facility maintenance and repair that does not involve disturbing significant quantities of hazardous materials such as asbestos and lead-based paint.
A2.3.11. Actions similar to other actions which have been determined to have an insignificant impact in a similar setting as established in an EIS or an EA resulting in a FONSI. The EPF must document application of this CATEX on AF Form 813, specifically identifying the previous Air Force approved environmental document which provides the basis for this determination.
A2.3.12. Installing, operating, modifying, and routinely repairing and replacing utility and communications systems, data processing cable, and similar electronic equipment that use existing rights of way, easements, distribution systems, or facilities.
A2.3.13. Installing or modifying airfield operational equipment (such as runway visual range equipment, visual glide path systems, and remote transmitter or receiver facilities) on airfield property and usually accessible only to maintenance personnel.
A2.3.14. Installing on previously developed land, equipment that does not substantially alter land use (i.e., land use of more than one acre). This includes outgrants to private lessees for similar construction. The EPF must document application of this CATEX on AF Form 813.
A2.3.15. Laying-away or mothballing a production facility or adopting a reduced maintenance level at a closing installation when (1) agreement on any required historic preservation effort has been reached with the state historic preservation officer and the Advisory Council on Historic Preservation, and (2) no degradation in the environmental restoration program will occur.
A2.3.16. Acquiring land and ingrants (50 acres or less) for activities otherwise subject to CATEX. The EPF must document application of this CATEX on AF Form 813.
A2.3.17. Transferring land, facilities, and personal property for which the General Services Administration (GSA) is the action agency. Such transfers are excluded only if there is no change in land use and GSA complies with its NEPA requirements.
A2.3.18. Transferring administrative control of real property within the Air Force or to another military department or to another Federal agency, not including GSA, including returning public domain lands to the Department of the Interior.
A2.3.19. Granting easements, leases, licenses, rights of entry, and permits to use Air Force controlled property for activities that, if conducted by the Air Force, could be categorically excluded in accordance with this Appendix. The EPF must document application of this CATEX on AF Form 813.
A2.3.20. Converting in-house services to contract services.
A2.3.21. Routine personnel decreases and increases, including work force conversion to either on-base contractor operation or to military operation from contractor operation (excluding base closure and realignment actions which are subject to congressional reporting under 10 U.S.C. 2687).
A2.3.22. Routine, temporary movement of personnel, including deployments of personnel on a TDY basis where existing facilities are used.
A2.3.23. Personnel reductions resulting from workload adjustments, reduced personnel funding levels, skill imbalances, or other similar causes.
A2.3.24. Study efforts that involve no commitment of resources other than personnel and funding allocations.
A2.3.25. The analysis and assessment of the natural environment without altering it (inspections, audits, surveys, investigations). This CATEX includes the granting of any permits necessary for such surveys, provided that the technology or procedure involved is well understood and there are no adverse environmental impacts anticipated from it. The EPF must document application of this CATEX on AF Form 813.
A2.3.26. Undertaking specific investigatory activities to support remedial action activities for purposes of cleanup of Environmental Restoration Account (ERA)--Air Force and Resource Conservation and Recovery Act (RCRA) corrective action sites. These activities include soil borings and sampling, installation, and operation of test or monitoring wells. This CATEX applies to studies that assist in determining final cleanup actions when they are conducted in accordance with legal agreements, administrative orders, or work plans previously agreed to by EPA or state regulators.
A2.3.27. Normal or routine basic and applied scientific research confined to the laboratory and in compliance with all applicable safety, environmental, and natural resource conservation laws.
A2.3.28. Routine transporting of hazardous materials and wastes in accordance with applicable Federal, state, interstate, and local laws.
A2.3.29. Emergency handling and transporting of small quantities of chemical surety material or suspected chemical surety material, whether or not classified as hazardous or toxic waste, from a discovery site to a permitted storage, treatment, or disposal facility.
A2.3.30. Immediate responses to the release or discharge of oil or hazardous materials in accordance with an approved Spill Prevention and Response Plan or Spill Contingency Plan or that are otherwise consistent with the requirements of the National Contingency Plan.
A2.3.31. Relocating a small number of aircraft to an installation with similar aircraft that does not result in a significant increase of total flying hours or the total number of aircraft operations, a change in flight tracks, or an increase in permanent personnel or logistics support requirements at the receiving installation. Repetitive use of this CATEX at an installation requires further analysis to determine there are no cumulative impacts. The EPF must document application of this CATEX on AF Form 813.
A2.3.32. Temporary (for less than 30 days) increases in air operations up to 50 percent of the typical installation aircraft operation rate or increases of 50 operations a day, whichever is greater. Repetitive use of this CATEX at an installation requires further analysis to determine there are no cumulative impacts.
A2.3.33. Flying activities that comply with the Federal aviation regulations, that are dispersed over a wide area and that do not frequently (more than once a day) pass near the same ground points. This CATEX does not cover regular activity on established routes or within special use airspace.
A2.3.34. Supersonic flying operations over land and above 30,000 feet MSL, or over water and above 10,000 feet MSL and more than 15 nautical miles from land.
A2.3.35. Formal requests to the FAA, or host-nation equivalent agency, to establish or modify special use airspace (for example, restricted areas, warning areas, military operating areas) and military training routes for subsonic operations that have a base altitude of 3,000 feet above ground level or higher. The EPF must document application of this CATEX on AF Form 813, which must accompany the request to the FAA.
A2.3.36. Adopting airfield approach, departure, and en route procedures that are less than 3,000 feet above ground level, and that also do not route air traffic over noise-sensitive areas, including residential neighborhoods or cultural, historical, and outdoor recreational areas. The EPF may categorically exclude such air traffic patterns at or greater than 3,000 feet above ground level regardless of underlying land use.
A2.3.37. Participating in ``air shows'' and fly-overs by Air Force aircraft at non-Air Force public events after obtaining FAA coordination and approval.
A2.3.38. Conducting Air Force ``open houses'' and similar events, including air shows, golf tournaments, home shows, and the like, where crowds gather at an Air Force installation, so long as crowd and traffic control, etc., have not in the past presented significant safety or environmental impacts. [64 FR 38129, July 15, 1999, as amended at 66 FR 16869, Mar. 28, 2001]
Editorial Note: At 72 FR 37107, July 9, 2007, appendix B to part 989 was amended by revising ``AFLSA/JAJT'' to read ``AFLOA/JAJT'' in A3.1.1 and A3.1.2. However, the amendment could not be made because appendix B did not contain such sections.
Sec. Appendix C to Part 989--Procedures for Holding Public Hearings on
Draft Environmental Impact Statements (EIS)
A.3.1. General Information
A3.1.1. The Office of the Judge Advocate General, through the Air Force Legal Services Agency/Trial Judiciary Division (AFLSA/JAJT) and its field organization, is responsible for conducting public hearings and assuring verbatim transcripts are accomplished.
A3.1.2. The EPF, with proponent, AFLSA/JAJT, and Public Affairs support, establishes the date and location, arranges for hiring the court reporter, funds temporary duty costs for the hearing officer, makes logistical arrangements (for example, publishing notices, arranging for press coverage, obtaining tables and chairs, etc.).
A3.1.3. The procedures outlined below have proven themselves through many prior applications. However, there may be rare instances when circumstances warrant conducting public hearings under a different format, e.g., public/town meeting, information booths, third party moderator, etc. In these cases, forward a request with justification to deviate from these procedures to HQ USAF/A7CI for SAF/IEE approval.
A3.2. Notice of Hearing (40 CFR 1506.6)
A3.2.1. Public Affairs officers:
A3.2.1.1. Announce public hearings and assemble a mailing list of individuals to be invited.
A3.2.1.2. Distribute announcements of a hearing to all interested individuals and agencies, including the print and electronic media.
A3.2.1.3. Place a newspaper display advertisement announcing the time and place of the hearing as well as other pertinent particulars.
A3.2.1.4. Distribute the notice in a timely manner so it will reach recipients or be published at least 15 days before the hearing date. Distribute notices fewer than 15 days before the hearing date when you have substantial justification and if the justification for a shortened notice period appears in the notice.
A3.2.1.5. Develop and distribute news release.
A3.2.2. If an action has effects of national concern, publish notices in the Federal Register and mail notices to national organizations that have an interest in the matter.
A3.2.2.1. Because of the longer lead time required by the Federal Register, send out notices for publication in the Federal Register to arrive at HQ USAF/A7CI no later than 30 days before the hearing date.
A3.2.3. The notice should include:
A3.2.3.1. Date, time, place, and subject of the hearing.
A3.2.3.2. A description of the general format of the hearing.
A3.2.3.3. The name, address, and telephone number of the Air Force point of contact.
A3.2.3.4. A suggestion that speakers submit (in writing or by return call) their intention to participate, with an indication of which environmental impact (or impacts) they wish to address.
A3.2.3.5. Any limitation on the length of oral statements.
A3.2.3.6. A suggestion that speakers submit statements of considerable length in writing.
A3.2.3.7. A summary of the proposed action.
A3.2.3.8. The location where the draft EIS and any appendices are available for examination.
A.3.3. Availability of the Draft EIS to the Public
The EPF makes copies of the Draft EIS available to the public at an Air Force installation and other reasonably accessible place in the vicinity of the proposed action and public hearing (e.g., public library).
A3.4. Place of the Hearing
The EPF arranges to hold the hearing at a time and place and in an area readily accessible to military and civilian organizations and individuals interested in the proposed action. Generally, the EPF should arrange to hold the hearing in an off-base civilian facility, which is more accessible to the public.
A3.5. Hearing Officer
A3.5.1. The AFLOA/JAJT selects a hearing officer to preside over hearings. The hearing officer does not need to have personal knowledge of the project, other than familiarity with the Draft EIS. In no event should the hearing officer be a judge advocate from the proponent or subordinate command, be assigned to the same installation with which the hearing is concerned, or have participated personally in the development of the project, or have rendered legal advice or assistance with respect to it (or be expected to do so in the future). The principal qualification of the hearing officer should be the ability to conduct a hearing as an impartial participant.
A3.5.2. The primary duties of the hearing officer are to make sure that the hearing is orderly, is recorded, and that interested parties have a reasonable opportunity to speak. The presiding officer should direct the speakers' attention to the purpose of the hearing, which is to consider the environmental impacts of the proposed project. Speakers should have a time limit to ensure maximum public input to the decision-maker.
A3.6. Record of the Hearing
The EIS preparation team must make sure a verbatim transcribed record of the hearing is prepared, including all stated positions, all questions, and all responses. The EIS preparation team should append all written submissions that parties provide to the hearing officer during the hearing to the record as attachments. The EIS preparation team should also append a list of persons who spoke at the hearing and submitted written comments and a list of the organizations or interests they represent with addresses. The EIS preparation team must make sure a verbatim transcript of the hearing is provided to the EPF for inclusion as an appendix to the Final EIS. The officer should also ensure that all persons who request a copy of the transcript get a copy when it is completed. Copying charges are determined according to 40 CFR 1506.6(f).
A3.7. Hearing Format
Use the format outlined below as a general guideline for conducting a hearing. Hearing officers should tailor the format to meet the hearing objectives. These objectives provide information to the public, record opinions of interested persons on environmental impacts of the proposed action, and set out alternatives for improving the EIS and for later consideration.
A3.7.1. Record of Attendees. The hearing officer should make a list of all persons who wish to speak at the hearing to help the hearing officer in calling on these individuals, to ensure an accurate transcript of the hearing, and to enable the officer to send a copy of the Final EIS (40 CFR 1502.19) to any person, organization, or agency that provided substantive comments at the hearing. The hearing officer should assign assistants to the entrance of the hearing room to provide cards on which individuals can voluntarily write their names, addresses, telephone numbers, organizations they represent, and titles; whether they desire to make a statement at the hearing; and what environmental area(s) they wish to address. The hearing officer can then use the cards to call on individuals who desire to make statements. However, the hearing officer will not deny entry to the hearing or the right to speak to people who decline to submit this information on cards.
A3.7.2. Introductory Remarks. The hearing officer should first introduce himself or herself and the EIS preparation team. Then the hearing officer should make a brief statement on the purpose of the hearing and give the general ground rules on how it will be conducted. This is the proper time to welcome any dignitaries who are present. The hearing officer should explain that he or she does not make any recommendation or decision on whether the proposed project should be continued, modified, or abandoned or how the EIS should be prepared.
A3.7.3. Explanation of the Proposed Action. The Air Force EIS preparation team representative should next explain the proposed action, the alternatives, the potential environmental consequences, and the EIAP.
A3.7.4. Questions by Attendees. After the EIS team representative explains the proposed action, alternatives, and consequences, the hearing officer should give attendees a chance to ask questions to clarify points they may not have understood. The EIS preparation team may have to reply in writing, at a later date, to some of the questions. While the Air Force EIS preparation team should be as responsive as possible in answering questions about the proposal, they should not become involved in debate with questioners over the merits of the proposed action. Cross-examination of speakers, either those of the Air Force or the public, is not the purpose of an informal hearing. If necessary, the hearing officer may limit questioning or conduct portions of the hearing to ensure proper lines of inquiry. However, the hearing officer should include all questions in the hearing record.
A3.7.5. Statement of Attendees. The hearing officer must give the persons attending the hearing a chance to present oral or written statements. The hearing officer should be sure the recorder has the name and address of each person who submits an oral or written statement. The officer should also permit the attendees to submit written statements within a reasonable time, usually two weeks, following the hearing. The officer should allot a reasonable length of time at the hearing for receiving oral statements. The officer may waive any announced time limit at his or her discretion. The hearing officer may allow those who have not previously indicated a desire to speak to identify themselves and be recognized only after those who have previously indicated their intentions to speak have spoken.
A3.7.6. Ending or Extending a Hearing. The hearing officer has the power to end the hearing if the hearing becomes disorderly, if the speakers become repetitive, or for other good cause. In any such case, the hearing officer must make a statement for the record on the reasons for terminating the hearing. The hearing officer may also extend the hearing beyond the originally announced date and time. The officer should announce the extension to a later date or time during the hearing and prior to the hearing if possible.
A3.8. Adjourning the Hearing
After all persons have had a chance to speak, when the hearing has culled a representative view of public opinion, or when the time set for the hearing and any reasonable extension of time has ended, the hearing officer adjourns the hearing. In certain circumstances (for example, if the hearing officer believes it is likely that some participants will introduce new and relevant information), the hearing officer may justify scheduling an additional, separate hearing session. If the hearing officer makes the decision to hold another hearing while presiding over the original hearing he or she should announce that another public hearing will be scheduled or is under consideration. The officer gives notice of a decision to continue these hearings in essentially the same way he or she announced the original hearing, time permitting. The Public Affairs officer provides the required public notices and directs notices to interested parties in coordination with the hearing officer. Because of lead-time constraints, SAF/IEE may waive Federal Register notice requirements or advertisements in local publications. At the conclusion of the hearing, the hearing officer should inform the attendees of the deadline (usually 2 weeks) to submit additional written remarks in the hearing record. The officer should also notify attendees of the deadline for the commenting period of the Draft EIS. [64 FR 38129, July 15, 1999, as amended at 66 FR 16869, Mar. 28, 2001, as amended at 66 FR 31177, June 11, 2001; 72 FR 37107, July 9, 2007]
PARTS 900-999 [RESERVED]
Subtitle B--Other Regulations Relating to National Defense