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

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

   1. (1) a draft 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 entities identified as having an interest in or regulatory jurisdiction over an aspect of the project in accordance with §2.12, relating to Project Coordination. The copy of a notice with instructions on how to access the document electronically, may be provided by e-mail if the recipient has provided the department with an e-mail address. If the entity 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 on the department website regarding a FONSI, DEIS, FEIS, ROD, or draft EA.
   3. (3) The project sponsor, in collaboration with the department delegate, will publish in a local newspaper having general circulation in the area affected by the project a notice of availability regarding a draft EA for which no public hearing is held or an FEIS. If there is no local newspaper in the area affected by the project, the project sponsor will publish notice in a newspaper having general circulation in the area affected by the project.
   4. (4) The department delegate also must submit for publication a notice of availability regarding a DEIS, FEIS or ROD in the Texas Register if the project is a state transportation project or in the Federal Register if the project is an FHWA transportation project. For an NOA for a DEIS published in the Texas Register or Federal Register, the NOA shall establish a period of not fewer than 45 days and no more than 60 days for the return of comments on the DEIS.
   5. (5) If the FEIS and ROD will be a single document, the notice of availability regarding the FEIS should indicate that fact.

Source Note:The provisions of this §2.108 adopted to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234.