|(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
|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