[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: 24CFR51.105]

[Page 380]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 51_ENVIRONMENTAL CRITERIA AND STANDARDS--Table of Contents
 
                  Subpart B_Noise Abatement and Control
 
Sec. 51.105  Exceptions.

    (a) Flexibility for non-acoustic benefits. Where it is determined 
that program objectives cannot be achieved on sites meeting the 
acceptability standard of 65 decibels, the Acceptable Zone may be 
shifted to Ldn 70 on a case-by-case basis if all the 
following conditions are satisfied:
    (1) The project does not require an Environmental Impact Statement 
under provisions of Sec. 51.104(b)(1) and noise is the only 
environmental issue.
    (2) The project has received a Special Environmental Clearance and 
has received the concurrence of the Environmental Clearance Officer.
    (3) The project meets other program goals to provide housing in 
proximity to employment, public facilities and transportation.
    (4) The project is in conformance with local goals and maintains the 
character of the neighborhood.
    (5) The project sponsor has set forth reasons, acceptable to HUD, as 
to why the noise attenuation measures that would normally be required 
for new construction in the Ldn 65 to Ldn 70 zone 
cannot be met.
    (6) Other sites which are not exposed to noise above Ldn 
65 and which meet program objectives are generally not available.

The above factors shall be documented and made part of the project file.

[44 FR 40861, July 12, 1979, as amended at 61 FR 13334, Mar. 26, 1996]