[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: 23CFR772.13]

[Page 398-399]
 
                           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. 772.13  Federal participation.

    (a) Federal funds may be used for noise abatement measures where:
    (1) A traffic noise impact has been identified,
    (2) The noise abatement measures will reduce the traffic noise 
impact, and
    (3) The overall noise abatement benefits are determined to outweigh 
the overall adverse social, economic, and environmental effects and the 
costs of the noise abatement measures.
    (b) For Type II projects, noise abatement measures will only be 
approved for projects that were approved before November 28, 1995, or 
are proposed along lands where land development or substantial 
construction predated the existence of any highway. The granting of a 
building permit, filing of a plat plan, or a similar action must have 
occurred prior to right-of-way acquisition or construction approval for 
the original highway. Noise abatement measures will not be approved at 
locations where such measures were previously determined not to be 
reasonable and feasible for a Type I project.
    (c) The noise abatement measures listed below may be incorporated in 
Type I and Type II projects to reduce traffic noise impacts. The costs 
of such measures may be included in Federal-aid participating project 
costs with the Federal share being the same as that for the system on 
which the project is located, except that Interstate construction funds 
may only participate in Type I projects.
    (1) Traffic management measures (e.g., traffic control devices and 
signing for prohibition of certain vehicle types, time-use restrictions 
for certain vehicle types, modified speed limits, and exclusive land 
designations).
    (2) Alteration of horizontal and vertical alignments.
    (3) Acquisition of property rights (either in fee or lesser 
interest) for construction of noise barriers.
    (4) Construction of noise barriers (including landscaping for 
esthetic purposes) whether within or outside the highway right-of-way. 
Interstate construction funds may not participate in landscaping.
    (5) Acquisition of real property or interests therein (predominantly 
unimproved property) to serve as a buffer zone to preempt development 
which would be adversely impacted by traffic noise. This measure may be 
included in Type I projects only.
    (6) Noise insulation of public use or nonprofit institutional 
structures.
    (d) There may be situations where (1) severe traffic noise impacts 
exist or are

[[Page 399]]

expected, and (2) the abatement measures listed above are physically 
infeasible or economically unreasonable. In these instances, noise 
abatement measures other than those listed in Sec. 772.13(c) of this 
chapter may be proposed for Types I and II projects by the highway 
agency and approved by the Regional Federal Highway Administrator on a 
case-by-case basis when the conditions of Sec. 772.13(a) of this 
chapter have been met.

[47 FR 29654, July 8, 1982; 47 FR 33956, Aug. 5, 1982, as amended at 61 
FR 45321, Aug. 29, 1996]