1. (a) Purpose. A notice of availability is published to inform the public of when certain important documents are available for review, and how to obtain copies of those documents.

2. (b) When to publish notice. A notice of availability is required for:

   1. (1) an EA;
   2. (2) a FONSI;
   3. (3) a DEIS;
   4. (4) a FEIS; or
   5. (5) a ROD.

3. (c) Notice requirements.

   1. (1) The project sponsor will send copies of all notices of availability to the appropriate metropolitan planning organization and agencies with an interest in the project. If the agency will receive a full copy of the document, it is not necessary to also send a notice of availability.
   2. (2) The project sponsor, in collaboration with the department delegate, will publish a notice of availability regarding a FONSI, DEIS, FEIS or ROD on the department website.
   3. (3) The department delegate also must publish a notice of availability regarding a DEIS, FEIS or ROD in the Texas Register.
   4. (4) If the FEIS and ROD will be a single document, the notice of availability regarding the FEIS should indicate that fact. A separate notice of availability is still required after the ROD is signed.

Source Note:The provisions of this §2.108 adopted to be effective April 16, 2014, 39 TexReg 2941.