§ 51.1 24 CFR Subtitle A (4–1–04 Edition) APPENDIX I TO SUBPART B TO PART 51—DEFI- 3535(d)); the National Environmental NITION OF ACOUSTICAL QUANTITIES Policy Act of 1969 (42 U.S.C. 4321); and the other statutes that are referred to Subpart C—Siting of HUD-Assisted Projects in this part. Near Hazardous Operations Handling Conventional Fuels or Chemicals of an [61 FR 13333, Mar. 26, 1996] Explosive or Flammable Nature § 51.3 Responsibilities. 51.200 Purpose. The Assistant Secretary for Commu- 51.201 Definitions. 51.202 Approval of HUD-assisted projects. nity Planning and Development is re- 51.203 Safety standards. sponsible for administering HUD’s en- 51.204 HUD-assisted hazardous facilities. vironmental criteria and standards as 51.205 Mitigating measures. set forth in this part. The Assistant 51.206 Implementation. Secretary for Community Planning and 51.207 Special circumstances. Development may be assisted by HUD 51.208 Reservation of administrative and officials in implementing the respon- legal rights. sibilities established by this part. HUD APPENDIX I TO SUBPART C TO PART 51—SPE- will identify these HUD officials and CIFIC HAZARDOUS SUBSTANCES their specific responsibilities through APPENDIX II TO SUBPART C TO PART 51—DE- VELOPMENT OF STANDARDS; CALCULATION FEDERAL REGISTER notice. METHODS [61 FR 13333, Mar. 26, 1996] Subpart D—Siting of HUD Assisted Projects § 51.4 Program coverage. in Runway Clear Zones at Civil Airports Environmental standards shall apply and Clear Zones and Accident Poten- to all HUD actions except where spe- tial Zones at Military Airfields cial provisions and exemptions are con- 51.300 Purpose. tained in each subpart. 51.301 Definitions. 51.302 Coverage. 51.303 General policy. Subpart B—Noise Abatement and 51.304 Responsibilities. Control 51.305 Implementation. § 51.100 Purpose and authority. AUTHORITY: 42 U.S.C. 3535(d), unless other- wise noted. (a) It is the purpose of this subpart B to: SOURCE: 44 FR 40861, July 12, 1979, unless (1) Call attention to the threat of otherwise noted. noise pollution; (2) Encourage the control of noise at Subpart A—General Provisions its source in cooperation with other Federal departments and agencies; § 51.1 Purpose. (3) Encourage land use patterns for The Department of Housing and housing and other noise sensitive Urban Development is providing pro- urban needs that will provide a suit- gram Assistant Secretaries and admin- able separation between them and istrators and field offices with environ- major noise sources; mental standards, criteria and guide- (4) Generally prohibit HUD support lines for determining project accept- for new construction of noise sensitive ability and necessary mitigating meas- uses on sites having unacceptable noise ures to insure that activities assisted exposure; by the Department achieve the goal of (5) Provide policy on the use of struc- a suitable living environment. tural and other noise attenuation measures where needed; and § 51.2 Authority. (6) Provide policy to guide implemen- This part implements the Depart- tation of various HUD programs. ment’s responsibilities under: The Na- (b) Authority. Specific authorities for tional Housing Act (12 U.S.C. 1701 et noise abatement and control are con- seq.); sec. 2 of the Housing Act of 1949 tained in the Noise Control Act of 1972, (42 U.S.C. 1441); secs. 2 and 7(d) of the as amended (42 U.S.C. 4901 et seq.); and Department of Housing and Urban De- the General Services Administration, velopment Act (42 U.S.C. 3531 and Federal Management Circular 75–2; 376 VerDate jul<14>2003 11:32 Apr 27, 2004 Jkt 203076 PO 00000 Frm 00376 Fmt 8010 Sfmt 8010 Y:\SGML\203076T.XXX 203076T Office of the Secretary, HUD § 51.101 Compatible Land Uses at Federal Air- facilities and services which are di- fields. rected to making land available for housing or noise sensitive develop- [44 FR 40861, July 12, 1979, as amended at 61 FR 13333, Mar. 26, 1996] ment. The policy does not apply to re- search demonstration projects which § 51.101 General policy. do not result in new construction or re- (a) It is HUD’s general policy to pro- construction, flood insurance, inter- vide minimum national standards ap- state land sales egistration, or any ac- plicable to HUD programs to protect tion or emergency assistance under dis- citizens against excessive noise in their aster assistance provisions or appro- communities and places of residence. priations which are provided to save (1) Planning assistance. HUD requires lives, protect property, protect public that grantees give adequate consider- health and safety, remove debris and ation to noise exposures and sources of wreckage, or assistance that has the ef- noise as an integral part of the urban fect of restoring facilities substantially environment when HUD assistance is as they existed prior to the disaster. provided for planning purposes, as fol- (4) HUD support for existing construc- lows: tion. Noise exposure by itself will not (i) Particular emphasis shall be result in the denial of HUD support for placed on the importance of compatible the resale and purchase of otherwise land use planning in relation to air- acceptable existing buildings. However, ports, highways and other sources of environmental noise is a marketability high noise. factor which HUD will consider in de- (ii) Applicants shall take into consid- termining the amount of insurance or eration HUD environmental standards other assistance that may be given. impacting the use of land. (5) HUD support of modernization and (2) Activities subject to 24 CFR part 58. rehabilitation. For modernization (i) Responsible entities under 24 CFR projects located in all noise exposed part 58 must take into consideration areas, HUD shall encourage noise at- the noise criteria and standards in the tenuation features in alterations. For environmental review process and con- major or substantial rehabilitation sider ameliorative actions when noise projects in the Normally Unacceptable sensitive land development is proposed and Unacceptable noise zones, HUD ac- in noise exposed areas. Responsible en- tively shall seek to have project spon- tities shall address deviations from the sors incorporate noise attenuation fea- standards in their environmental re- tures, given the extent and nature of views as required in 24 CFR part 58. the rehabilitation being undertaken (ii) Where activities are planned in a and the level or exterior noise expo- noisy area, and HUD assistance is con- sure. In Unacceptable noise zones, HUD templated later for housing and/or shall strongly encourage conversion of other noise sensitive activities, the re- noise-exposed sites to land uses com- sponsible entity risks denial of the patible with the high noise levels. HUD assistance unless the HUD stand- (6) Research, guidance and publica- ards are met. tions. HUD shall maintain a continuing (3) HUD support for new construction. program designed to provide new HUD assistance for the construction of knowledge of noise abatement and con- new noise sensitive uses is prohibited trol to public and private bodies, to de- generally for projects with unaccept- velop improved methods for antici- able noise exposures and is discouraged pating noise encroachment, to develop for projects with normally unaccept- noise abatement measures through able noise exposure. (Standards of ac- land use and building construction ceptability are contained in § 51.103(c).) practices, and to foster better under- This policy applies to all HUD pro- standing of the consequences of noise. grams providing assistance, subsidy or It shall be HUD’s policy to issue guid- insurance for housing, manufactured ance documents periodically to assist home parks, nursing homes, hospitals, HUD personnel in assigning an accept- and all programs providing assistance ability category to projects in accord- or insurance for land development, re- ance with noise exposure standards, in development or any other provision of evaluating noise attenuation measures, 377 VerDate jul<14>2003 11:32 Apr 27, 2004 Jkt 203076 PO 00000 Frm 00377 Fmt 8010 Sfmt 8010 Y:\SGML\203076T.XXX 203076T § 51.102 24 CFR Subtitle A (4–1–04 Edition) and in advising local agencies about time in the decision process. Every at- noise abatement strategies. The guid- tempt shall be made to insure that ap- ance documents shall be updated peri- plicants’ site choices are consistent odically in accordance with advances with the policy and standards con- in the state-of-the-art. tained herein. (7) Construction equipment, building (b) Notice to applicants. At the earliest equipment and appliances. HUD shall en- possible stage, HUD program staff courage the use of quieter construction shall: equipment and methods in population (1) Determine the suitability of the centers, the use of quieter equipment acoustical environment of proposed and appliances in buildings, and the projects; use of appropriate noise abatement (2) Notify applicants of any adverse techniques in the design of residential or questionable situations; and structures with potential noise prob- (3) Assure that prospective applicants lems. are apprised of the standards contained (8) Exterior noise goals. It is a HUD herein so that future site choices will goal that exterior noise levels do not be consistent with these standards. exceed a day-night average sound level (c) Interdepartmental coordination. of 55 decibels. This level is rec- HUD shall foster appropriate coordina- ommended by the Environmental Pro- tion between field offices and other de- tection Agency as a goal for outdoors partments and agencies, particularly in residential areas. The levels rec- the Environmental Protection Agency, ommended by EPA are not standards the Department of Transportation, De- and do not take into account cost or partment of Defense representatives, feasibility. For the purposes of this and the Department of Veterans Af- regulation and to meet other program fairs. HUD staff shall utilize the ac- objectives, sites with a day-night aver- ceptability standards in commenting age sound level of 65 and below are ac- on the prospective impacts of transpor- ceptable and are allowable (see Stand- tation facilities and other noise gen- ards in § 51.103(c)).