1. Commenters proposed amending the design-build regulations to authorize design-build procurement and design work prior to record of decision. TxDOT was especially focused on the need for this change. In its opinion, the design-build rule precludes agencies from issuing an RFP until after NEPA approval has been obtained. This causes unnecessary delays to projects. As an example, the SH 130 Project in the Austin area was delayed because of TxDOT's inability to get special approval to issue the RFP prior to issuance of the record of decision. For programs, such as the Trans-Texas Corridor, that rely on the private developer to support the NEPA process, this requirement creates a major obstacle to implementation.[335]
2. Commenters also suggested that the CEQ and the FHWA NEPA regulations could be revised to provide that subsequent tiered NEPA documents shall not consider issues addressed in prior NEPA documents concerning the project or action.[336]
3. The CEQ and the FHWA regulations should be amended to allow the private developer to supply engineering studies, technical information, and other support to the transportation agency during the NEPA process. Because the NEPA analysis requires the design to be taken to a relatively high level, design choices made during this process are likely to close the door to innovative ideas and solutions proposed by the design-build contractor. The proposed amendments will make it clear that the contractor can be selected prior to completion of the NEPA process and can provide support for that process. This will allow concepts proposed by the contractor to be considered as part of the original NEPA analysis-instead of requiring the project owner to determine whether a supplemental analysis is needed in order to allow the contractor's ideas to be implemented. [337]
4. Commenters suggested that the FHWA adopt "safe harbor" rules that would provide safe harbor for environmental documents that incorporate FHWA-approved approaches to environmental review such as growth-inducement, cumulative effects, alternatives and project purpose and need.[338]