[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR228.7]

[Page 588-589]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 228_NOTICE AND HEARING ON SECTION 103(d) REGULATIONS--Table 
 
Sec. 228.7  Direct testimony submitted as written documents.

    (a) Unless otherwise specified, all direct testimony, including 
accompanying exhibits, must be submitted to the presiding officer in 
writing no later

[[Page 589]]

than the dates specified in the notice of the hearing (Sec. 228.4), the 
final hearing agenda (Sec. 228.12), or within 15 days after the 
conclusion of the prehearing conference (Sec. 228.14) as the case may 
be. All direct testimony shall be in affidavit form and exhibits 
constituting part of such testimony, referred to in the affidavit and 
made a part thereof, must be attached to the affidavit. Direct testimony 
submitted with exhibits must state the issue to which the exhibit 
relates; if no such statement is made, the presiding officer shall 
determine the relevance of the exhibit to the issues published in the 
Federal Register.
    (b) The direct testimony submitted shall contain:
    (1) A concise statement of the witness' interest in the proceeding 
and his position regarding the issues presented. If the direct testimony 
is presented by a witness who is not a party, the witness shall state 
the witness' relationship to the party; and
    (2) Facts that are relevant and material.
    (c) The direct testimony may propose issues of fact not defined in 
the notice of the hearing and the reason(s) why such issues should be 
considered at the hearing.
    (d) Ten copies of all direct testimony must be submitted unless the 
notice of the hearing specifies otherwise.
    (e) Upon receipt, direct testimony shall be assigned a number and 
stamped with that number and the docket number.
    (f) Contemporaneous with the publication of the notice of hearing, 
the Assistant Administrator's direct testimony in support of the 
proposed regulations and waiver, where applicable, shall be available 
for public inspection as specified in the notice of hearing. The 
Assistant Administrator may submit additional direct testimony during 
the time periods allowed for submission of such testimony by witnesses.