[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR772.11]

[Page 398]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 772_PROCEDURES FOR ABATEMENT OF HIGHWAY TRAFFIC NOISE AND 
CONSTRUCTION NOISE--Table of Contents
 
Sec. 772.11  Noise abatement.

    (a) In determining and abating traffic noise impacts, primary 
consideration is to be given to exterior areas. Abatement will usually 
be necessary only where frequent human use occurs and a lowered noise 
level would be of benefit.
    (b) In those situations where there are no exterior activities to be 
affected by the traffic noise, or where the exterior activities are far 
from or physically shielded from the roadway in a manner that prevents 
an impact on exterior activities, the interior criterion shall be used 
as the basis of determining noise impacts.
    (c) If a noise impact is identified, the abatement measures listed 
in Sec. 772.13(c) of this chapter must be considered.
    (d) When noise abatement measures are being considered, every 
reasonable effort shall be made to obtain substantial noise reductions.
    (e) Before adoption of a final environmental impact statement or 
finding of no significant impact, the highway agency shall identify:
    (1) Noise abatement measures which are reasonable and feasible and 
which are likely to be incorporated in the project, and
    (2) Noise impacts for which no apparent solution is available.
    (f) The views of the impacted residents will be a major 
consideration in reaching a decision on the reasonableness of abatement 
measures to be provided.
    (g) The plans and specifications will not be approved by FHWA unless 
those noise abatement measures which are reasonable and feasible are 
incorporated into the plans and specifications to reduce or eliminate 
the noise impact on existing activities, developed lands, or undeveloped 
lands for which development is planned, designed, and programmed.