(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.
(b) When to issue notice. A notice of availability is required for:
  (1) a draft EA;
  (2) a FONSI;
  (3) a DEIS;
  (4) a FEIS; or
  (5) a ROD.
(c) Notice requirements.
  (1) The project sponsor will provide copies of all notices of availability to the appropriate metropolitan planning organization; any other affected units of federal, state, and local government; any entities that requested in writing to receive notices regarding the environmental review of the project; and any other entities with which environmental review of the project is being coordinated, except that if the project is being coordinated under a memorandum of understanding, the terms of the memorandum of understanding govern the provision of notice rather than this subsection.
  (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) 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. For a notice of availability regarding a draft EA for which no public hearing is held, the notice must establish a deadline for accepting public comments of not less than 30 days after the date of newspaper publication.
  (4) The department delegate also must submit for publication a notice of availability regarding a DEIS or FEIS 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) 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; amended to be effective September 19, 2018, 43 TexReg 5987