[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR51.104]

[Page 379-380]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 51_ENVIRONMENTAL CRITERIA AND STANDARDS--Table of Contents
 
                  Subpart B_Noise Abatement and Control
 
Sec. 51.104  Special requirements.

    (a)(1) Noise attenuation. Noise attenuation measures are those 
required in addition to attenuation provided by buildings as commonly 
constructed in the area, and requiring open windows for ventilation. 
Measures that reduce external noise at a site shall be used wherever 
practicable in preference to the incorporation of additional noise 
attenuation in buildings. Building designs and construction techniques 
that provide more noise attenuation than typical construction may be 
employed also to meet the noise attenuation requirements.
    (2) Normally unacceptable noise zones and unacceptable noise zones. 
Approvals in Normally Unacceptable Noise Zones require a minimum of 5 
decibels additional sound attenuation for buildings having noise-
sensitive uses if the day-night average sound level is greater than 65 
decibels but does not exceed 70 decibels, or a minimum of 10 decibels of 
additional sound attenuation if the day-night average sound level is 
greater than 70 decibels but does not exceed 75 decibels. Noise 
attenuation measures in Unacceptable Noise Zones require the approval of 
the Assistant Secretary for Community Planning and Development, or the 
Certifying Officer for activities subject to 24 CFR part 58. (See Sec. 
51.104(b)(2).)

[[Page 380]]

    (b) Environmental review requirements. Environmental reviews shall 
be conducted pursuant to the requirements of 24 CFR parts 50 and 58, as 
applicable, or other environmental regulations issued by the Department. 
These requirements are hereby modified for all projects proposed in the 
Normally Unacceptable and Unacceptable noise exposure zones as follows:
    (1) Normally unacceptable noise zone. (i) All projects located in 
the Normally Unacceptable Noise Zone require a Special Environmental 
Clearance except an EIS is required for a proposed project located in a 
largely undeveloped area, or where the HUD action is likely to encourage 
the establishment of incompatible land use in this noise zone.
    (ii) When an EIS is required, the concurrence of the Program 
Assistant Secretary is also required before a project can be approved. 
For the purposes of this paragraph, an area will be considered as 
largely undeveloped unless the area within a 2-mile radius of the 
project boundary is more than 50 percent developed for urban uses and 
infrastructure (particularly water and sewers) is available and has 
capacity to serve the project.
    (iii) All other projects in the Normally Unacceptable zone require a 
Special Environmental Clearance, except where an EIS is required for 
other reasons pursuant to HUD environmental policies.
    (2) Unacceptable noise zone. An EIS is required prior to the 
approval of projects with unacceptable noise exposure. Projects in or 
partially in an Unacceptable Noise Zone shall be submitted to the 
Assistant Secretary for Community Planning and Development, or the 
Certifying Officer for activities subject to 24 CFR part 58, for 
approval. The Assistant Secretary or the Certifying Officer may waive 
the EIS requirement in cases where noise is the only environmental issue 
and no outdoor noise sensitive activity will take place on the site. In 
such cases, an environmental review shall be made pursuant to the 
requirements of 24 CFR parts 50 or 58, as appropriate.

[44 FR 40861, July 12, 1979, as amended at 61 FR 13333, Mar. 26, 1996]