40 C.F.R. § 1503.1 : Protection of Environment — COUNCIL ON ENVIRONMENTAL QUALITY — NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING REGULATIONS — COMMENTING — Inviting comments and requesting information and analyses

(a) After preparing a draft environmental impact statement and before preparing a final environmental impact statement the agency shall:
(1) Obtain the comments of any Federal agency that has jurisdiction by law or special expertise with respect to any environmental impact involved or is authorized to develop and enforce environmental standards.
(2) Request the comments of:
(i) Appropriate State, Tribal, and local agencies that are authorized to develop and enforce environmental standards;
(ii) State, Tribal, or local governments that may be affected by the proposed action;
(iii) Any agency that has requested it receive statements on actions of the kind proposed;
(iv) The applicant, if any; and
(v) The public, affirmatively soliciting comments in a manner designed to inform those persons or organizations who may be interested in or affected by the proposed action.
(3) Invite comment specifically on the submitted alternatives, information, and analyses and the summary thereof (§ 1502.17 of this chapter).
(b) An agency may request comments on a final environmental impact statement before the final decision and set a deadline for providing such comments. Other agencies or persons may make comments consistent with the time periods under § 1506.11 of this chapter.
(c) An agency shall provide for electronic submission of public comments, with reasonable measures to ensure the comment process is accessible to affected persons.

40 C.F.R. §1503.1

85 FR 43367, 9/14/2020