Section 10010.38 - Response to comments(a) Preparation of a final EIS need not be delayed in those cases where a Federal agency, from which comments are required to be obtained ( 40 CFR 1503.1(a)(l) ), does not comment within the prescribed time period. Informal attempts will be made to determine the status of any such comments and every reasonable attempt should be made to include the comments and a response in the final EIS.(b) When other commentors are late, their comments should be included in the final EIS to the extent practicable.