What activities occur during the comment period for EISs?
For draft EISs, FTA is required by Section 1503 of CEQ NEPA regulations to provide the public and agencies with an opportunity to comment on the draft EIS and to respond to the comments in the final EIS. The public comment period begins when a formal Notice of Availability is published in the Federal Register. The Federal Register public availability notice establishes a period of not fewer than 45 days nor more than 60 days for the return of comments on the draft EIS. In addition to the Federal Register, grant applicants should publish newspaper notices in local papers and post the public comment period on a project website, if one is available. A list of public locations such as libraries and grant applicant’s offices where the EIS document can be found should be part of the advertisement of the draft EIS.

If another federal agency or several members of the public request more time for the comment period, FTA will determine if the period should be extended. The comment period can be extended beyond 60 days only if:

1. The lead agency (FTA), grant applicant, and participating agencies all agree to set a longer period, or
2. The lead agency (FTA) finds “good cause” for the longer period.

For final EISs, FTA typically does not advertise a comment period on final EISs.  Any substantive comments received during the 30-day wait period after publication of the final EIS and before issuance of a record of decision (ROD) should be addressed in the ROD if they were not addressed in the final EIS. If FTA chooses to announce a public comment period on a final EIS, information on the comment period should be included in the final EIS or the project public website and announced  in the notices of availability of the final EIS.

Once the public comment period is closed, written responses that discuss and fully respond to the comments received are prepared by the grant applicant. FTA staff will review the accuracy and completeness of comments and responses and ensure that the comment issues are characterized properly and the responses thoroughly address the issues raised. For EISs, a summary of comments and their responses should be included in the final EIS document

Additional Resources:                      
23 CFR Part 771.123 Draft Environmental Impact Statements

23 CFR Part 771.125 Final Environmental Impact Statements

AASHTO Practitioner’s Handbook: Responding to Comments on an Environmental Impact Statement (2006)