PART 772—PROCEDURES FOR ABATEMENT OF HIGHWAY TRAFFIC NOISE AND CONSTRUCTION NOISE Authority: 23 U.S.C. 109(h) and (i); 42 U.S.C. 4331, 4332; sec. 339(b), Pub. L. 104-59, 109 Stat. 568, 605; 49 CFR 1.48(b). Source: 75 FR 39834, July 13, 2010, unless otherwise noted. § 772.1 Purpose. To provide procedures for noise studies and noise abatement measures to help protect the public's health, welfare and livability, to supply noise abatement criteria, and to establish requirements for information to be given to local officials for use in the planning and design of highways approved pursuant to title 23 U.S.C. § 772.3 Noise standards. The highway traffic noise prediction requirements, noise analyses, noise abatement criteria, and requirements for informing local officials in this regulation constitute the noise standards mandated by 23 U.S.C. 109(1). All highway projects which are developed in conformance with this regulation shall be deemed to be in accordance with the FHWA noise standards. § 772.5 Definitions. Benefited receptor. Common Noise Environment. Date of public knowledge. Design year. Existing noise levels. Feasibility. Impacted Receptor. L10. Leq. Multifamily dwelling. Noise barrier. Noise reduction design goal. Permitted. Property owner. Reasonableness. Receptor. Residence. Statement of likelihood. Substantial construction. Substantial noise increase. Traffic noise impacts. Type I project. (2) The physical alteration of an existing highway where there is either: (i) Substantial Horizontal Alteration. A project that halves the distance between the traffic noise source and the closest receptor between the existing condition to the future build condition; or, (ii) Substantial Vertical Alteration. A project that removes shielding therefore exposing the line-of-sight between the receptor and the traffic noise source. This is done by either altering the vertical alignment of the highway or by altering the topography between the highway traffic noise source and the receptor; or, (3) The addition of a through-traffic lane(s). This includes the addition of a through-traffic lane that functions as a HOV lane, High-Occupancy Toll (HOT) lane, bus lane, or truck climbing lane; or, (4) The addition of an auxiliary lane, except for when the auxiliary lane is a turn lane; or, (5) The addition or relocation of interchange lanes or ramps added to a quadrant to complete an existing partial interchange; or, (6) Restriping existing pavement for the purpose of adding a through-traffic lane or an auxiliary lane; or, (7) The addition of a new or substantial alteration of a weigh station, rest stop, ride-share lot or toll plaza. (8) If a project is determined to be a Type I project under this definition then the entire project area as defined in the environmental document is a Type I project. Type II project. Type III project. § 772.7 Applicability. (a) This regulation applies to all Federal or Federal-aid Highway Projects authorized under title 23, United States Code. Therefore, this regulation applies to any highway project or multimodal project that: (1) Requires FHWA approval regardless of funding sources, or (2) Is funded with Federal-aid highway funds. (b) In order to obtain FHWA approval, the highway agency shall develop noise policies in conformance with this regulation and shall apply these policies uniformly and consistently statewide. (c) This regulation applies to all Type I projects unless the regulation specifically indicates that a section only applies to Type II or Type III projects. (d) The development and implementation of Type II projects are not mandatory requirements of section 109(i) of title 23, United States Code. (e) If a highway agency chooses to participate in a Type II program, the highway agency shall develop a priority system, based on a variety of factors, to rank the projects in the program. This priority system shall be submitted to and approved by FHWA before the highway agency is allowed to use Federal-aid funds for a project in the program. The highway agency shall re-analyze the priority system on a regular interval, not to exceed 5 years. (f) For a Type III project, a highway agency is not required to complete a noise analysis or consider abatement measures. § 772.9 Traffic noise prediction. (a) Any analysis required by this subpart must use the FHWA Traffic Noise Model (TNM), which is described in “FHWA Traffic Noise Model” Report No. FHWA-PD-96-010, including Revision No. 1, dated April 14, 2004, or any other model determined by the FHWA to be consistent with the methodology of the FHWA TNM. These publications are incorporated by reference in accordance with section 552(a) of title 5, U.S.C. and part 51 of title 1, CFR, and are on file at the National Archives and Record Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. http://www.fhwa.dot.gov/environment/noise/index.htm. (b) Average pavement type shall be used in the FHWA TNM for future noise level prediction unless a highway agency substantiates the use of a different pavement type for approval by the FHWA. (c) Noise contour lines may be used for project alternative screening or for land use planning to comply with § 772.17 of this part, but shall not be used for determining highway traffic noise impacts. (d) In predicting noise levels and assessing noise impacts, traffic characteristics that would yield the worst traffic noise impact for the design year shall be used. § 772.11 Analysis of traffic noise impacts. (a) The highway agency shall determine and analyze expected traffic noise impacts. (1) For projects on new alignments, determine traffic noise impacts by field measurements. (2) For projects on existing alignments, predict existing and design year traffic noise impacts. (b) In determining traffic noise impacts, a highway agency shall give primary consideration to exterior areas where frequent human use occurs. (c) A traffic noise analysis shall be completed for: (1) Each alternative under detailed study; (2) Each Activity Category of the NAC listed in Table 1 that is present in the study area; (i) Activity Category A. (ii) Activity Category B. (iii) Activity Category C. (iv) Activity Category D. (v) Activity Category E. (vi) Activity Category F. (vii) Activity Category G. (A) A highway agency shall determine if undeveloped land is permitted for development. The milestone and its associated date for acknowledging when undeveloped land is considered permitted shall be the date of issuance of a building permit by the local jurisdiction or by the appropriate governing entity. (B) If undeveloped land is determined to be perrmitted, then the highway agency shall assign the land to the appropriate Activity Category and analyze it in the same manner as developed lands in that Activity Category. (C) If undeveloped land is not permitted for development by the date of public knowledge, the highway agency shall determine noise levels in accordance with 772.17(a) and document the results in the project's environmental clearance documents and noise analysis documents. Federal participation in noise abatement measures will not be considered for lands that are not permitted by the date of public knowledge. (d) The analysis of traffic noise impacts shall include: (1) Identification of existing activities, developed lands, and undeveloped lands, which may be affected by noise from the highway; (2) For projects on new or existing alignments, validate predicted noise level through comparison between measured and predicted levels; (3) Measurement of noise levels. Use an ANSI Type I or Type II integrating sound level meter; (4) Identification of project limits to determine all traffic noise impacts for the design year for the build alternative. For Type II projects, traffic noise impacts shall be determined from current year conditions; (e) Highway agencies shall establish an approach level to be used when determining a traffic noise impact. The approach level shall be at least 1 dB(A) less than the Noise Abatement Criteria for Activity Categories A to E listed in Table 1 to part 772; (f) Highway agencies shall define substantial noise increase between 5 dB(A) to 15 dB(A) over existing noise levels. The substantial noise increase criterion is independent of the absolute noise level. (g) A highway agency proposing to use Federal-aid highway funds for a Type II project shall perform a noise analysis in accordance with § 772.11 of this part in order to provide information needed to make the determination required by § 772.13(a) of this part. § 772.13 Analysis of noise abatement. (a) When traffic noise impacts are identified, noise abatement shall be considered and evaluated for feasibility and reasonableness. The highway agency shall determine and analyze alternative noise abatement measures to abate identified impacts by giving weight to the benefits and costs of abatement and the overall social, economic, and environmental effects by using feasible and reasonable noise abatement measures for decision-making. (b) In abating traffic noise impacts, a highway agency shall give primary consideration to exterior areas where frequent human use occurs. (c) If a noise impact is identified, a highway agency shall consider abatement measures. The abatement measures listed in § 772.15(c) of this part are eligible for Federal funding. (1) At a minimum, the highway agency shall consider noise abatement in the form of a noise barrier. (2) If a highway agency chooses to use absorptive treatments as a functional enhancement, the highway agency shall adopt a standard practice for using absorptive treatment that is consistent and uniformly applied statewide. (d) Examination and evaluation of feasible and reasonable noise abatement measures for reducing the traffic noise impacts. (1) Feasibility (ii) Determination that it is possible to design and construct the noise abatement measure. Factors to consider are safety, barrier height, topography, drainage, utilities, and maintenance of the abatement measure, maintenance access to adjacent properties, and access to adjacent properties ( i.e. (2) Reasonableness Consideration of the viewpoints of the property owners and residents of the benefited receptors. (ii) Cost effectiveness of the highway traffic noise abatement measures. (iii) Noise reduction design goals for highway traffic noise abatement measures. (iv) The reasonableness factors listed in § 772.13(d)(5)(i), (ii) and (iii), must collectively be achieved in order for a noise abatement measure to be deemed reasonable. Failure to achieve § 772.13(d)(5)(i), (ii) or (iii), will result in the noise abatement measure being deemed not reasonable. (v) In addition to the required reasonableness factors listed in § 772.13(d)(5)(i), (ii), and (iii), a highway agency has the option to also include the following reasonableness factors: Date of development, length of time receivers have been exposed to highway traffic noise impacts, exposure to higher absolute highway traffic noise levels, changes between existing and future build conditions, percentage of mixed zoning development, and use of noise compatible planning concepts by the local government. No single optional reasonableness factor can be used to determine reasonableness. (e) Assessment of Benefited Receptors. Each highway agency shall define the threshold for the noise reduction which determines a benefited receptor as at or above the 5 dB(A), but not to exceed the highway agency's reasonableness design goal. (f) Abatement measure reporting (g) Before adoption of a CE, FONSI, or ROD, the highway agency shall identify: (1) Noise abatement measures which are feasible and reasonable, and which are likely to be incorporated in the project; and (2) Noise impacts for which no noise abatement measures are feasible and reasonable. (3) Documentation of highway traffic noise abatement (h) The FHWA will not approve project plans and specifications unless feasible and reasonable noise abatement measures are incorporated into the plans and specifications to reduce the noise impact on existing activities, developed lands, or undeveloped lands for which development is permitted. (i) For design-build projects, the preliminary technical noise study shall document all considered and proposed noise abatement measures for inclusion in the NEPA document. Final design of design-build noise abatement measures shall be based on the preliminary noise abatement design developed in the technical noise analysis. Noise abatement measures shall be considered, developed, and constructed in accordance with this standard and in conformance with the provisions of 40 CFR 1506.5(c) and 23 CFR 636.109. (j) Third party funding is not allowed on a Federal or Federal-aid Type I or Type II project if the noise abatement measure would require the additional funding from the third party to be considered feasible and/or reasonable. Third party funding is acceptable on a Federal or Federal-aid highway Type I or Type II project to make functional enhancements, such as absorptive treatment and access doors or aesthetic enhancements, to a noise abatement measure already determined feasible and reasonable. (k) On a Type I or Type II projects, a highway agency has the option to cost average noise abatement among benefited receptors within common noise environments if no single common noise environment exceeds two times the highway agency's cost reasonableness criteria and collectively all common noise environments being averaged do not exceed the highway agency's cost reasonableness criteria. § 772.15 Federal participation. (a) Type I and Type II projects. (1) Traffic noise impacts have been identified; and (2) Abatement measures have been determined to be feasible and reasonable pursuant to § 772.13(d) of this chapter. (b) For Type II projects. (2) Federal funds are available for Type II noise barriers along lands that were developed or were under substantial construction before approval of the acquisition of the rights-of-ways for, or construction of, the existing highway. (3) FHWA will not approve noise abatement measures for locations where such measures were previously determined not to be feasible and reasonable for a Type I project. (c) Noise abatement measures. (1) Construction of noise barriers, including acquisition of property rights, either within or outside the highway right-of-way. Landscaping is not a viable noise abatement measure. (2) Traffic management measures including, but not limited to, traffic control devices and signing for prohibition of certain vehicle types, time-use restrictions for certain vehicle types, modified speed limits, and exclusive lane designations. (3) Alteration of horizontal and vertical alignments. (4) 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. (5) Noise insulation of Activity Category D land use facilities listed in Table 1. Post-installation maintenance and operational costs for noise insulation are not eligible for Federal-aid funding. § 772.17 Information for local officials. (a) To minimize future traffic noise impacts on currently undeveloped lands of Type I projects, a highway agency shall inform local officials within whose jurisdiction the highway project is located of: (1) Noise compatible planning concepts; (2) The best estimation of the future design year noise levels at various distances from the edge of the nearest travel lane of the highway improvement where the future noise levels meet the highway agency's definition of “approach” for undeveloped lands or properties within the project limits. At a minimum, identify the distance to the exterior noise abatement criteria in Table 1; (3) Non-eligibility for Federal-aid participation for a Type II project as described in § 772.15(b). (b) If a highway agency chooses to participate in a Type II noise program or to use the date of development as one of the factors in determining the reasonableness of a Type I noise abatement measure, the highway agency shall have a statewide outreach program to inform local officials and the public of the items in § 772.17(a)(1) through (3). § 772.19 Construction noise. For all Type I and II projects, a highway agency shall: (a) Identify land uses or activities that may be affected by noise from construction of the project. The identification is to be performed during the project development studies. (b) Determine the measures that are needed in the plans and specifications to minimize or eliminate adverse construction noise impacts to the community. This determination shall include a weighing of the benefits achieved and the overall adverse social, economic, and environmental effects and costs of the abatement measures. (c) Incorporate the needed abatement measures in the plans and specifications. Table 1 to Part 772—Noise Abatement Criteria [Hourly A-Weighted Sound Level __ decibels (dB(A)) 1 Activity Activity Leq(h) Criteria 2 Evaluation Activity description A 57 60 Exterior Lands on which serenity and quiet are of extraordinary significance and serve an important public need and where the preservation of those qualities is essential if the area is to continue to serve its intended purpose. B 3 67 70 Exterior Residential. C 3 67 70 Exterior Active sport areas, amphitheaters, auditoriums, campgrounds, cemeteries, day care centers, hospitals, libraries, medical facilities, parks, picnic areas, places of worship, playgrounds, public meeting rooms, public or nonprofit institutional structures, radio studios, recording studios, recreation areas, Section 4(f) sites, schools, television studios, trails, and trail crossings. D 52 55 Interior Auditoriums, day care centers, hospitals, libraries, medical facilities, places of worship, public meeting rooms, public or nonprofit institutional structures, radio studios, recording studios, schools, and television studios. E 3 72 75 Exterior Hotels, motels, offices, restaurants/bars, and other developed lands, properties or activities not included in A-D or F. F Agriculture, airports, bus yards, emergency services, industrial, logging, maintenance facilities, manufacturing, mining, rail yards, retail facilities, shipyards, utilities (water resources, water treatment, electrical), and warehousing. G Undeveloped lands that are not permitted. 1 2 3