[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Proposed Rules]
[Pages 82301-82303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33195]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 772
[FHWA Docket No. FHWA-2000-8056]
RIN 2125-AE80
Procedures for Abatement of Highway Traffic Noise and
Construction Noise
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM); request for
comments.
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SUMMARY: The FHWA is requesting comments on whether its regulations on
noise insulation of private residences should be revised to allow
Federal participation when a traffic noise impact occurs, i.e., when
predicted traffic noise levels substantially exceed the existing noise
levels. Currently, Federal participation in the noise insulation of
private residences is allowable only in situations where: Severe
traffic noise impacts exist or are expected, and normal abatement
measures are physically infeasible or economically unreasonable. In
these instances, the FHWA may approve a State's request for unusual or
extraordinary abatement measures on a case-by-case basis. When
considering extraordinary abatement measures, the State must
demonstrate that the affected activities experience traffic noise
impacts to a far greater degree than other similar activities adjacent
to highway facilities. For example, residential areas experience
absolute noise levels of at least 75 decibels or residential areas
experience noise level increases of at least 30 decibels over existing
noise levels. The noise insulation of private residences is an example
of an extraordinary abatement measure.
DATES: Comments must be received on or before February 26, 2001.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. All comments received will be available for
examination and copying at the above address from 9 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped postcard or you may print the acknowledgment page that appears
after submitting comments electronically.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Armstrong, Office of
Natural Environment, HEPN-20, (202) 366-2073, or Mr. Robert Black,
Office of the Chief Counsel, HCC-30, (202) 366-1359, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve comments online through the Document
Management System (DMS) at: http://dmses.dot.gov/submit. Acceptable
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions
6 to 8), Rich Text File (RTF), American Standard Code Information
Interchange (ASCII) (TXT), Portable Document Format (PDF), and
Wordperfect (versions 7 to 8). The DMS is available 24 hours each day,
365 days each year. Electronic submission and retrieval help and
guidelines are available under the help section of the web site.
An electronic copy of this document may also be downloaded by using
a computer, modem, and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may also reach the Office of the Federal
Register's home page at: http://www.nara.gov/fedreg and the Government
Printing Office's web page at: http://www.access.gpo.gov/nara.
Background
The FHWA noice regulations were developed as a result of the
Federal-Aid Highway Act of 1970 (Public Law 91-605, 84 Stat. 1713) and
apply to projects where a State department of transportation has
requested Federal funding for participation in the project. Under FHWA
noise requirements found at 23 CFR part 772, the State transportation
department must determine if there will be traffic noise impacts in
areas adjacent to federally-aided highways when a project is proposed
for the construction of a highway on a new location or the
reconstruction of an existing highway to either significantly change
the horizontal or vertical alignment or increase the number of through-
traffic lanes. Such a project is termed a ``Type I'' project. If the
State transportation department identifies potential traffic noise
impacts, it must consider noise abatement measures and implement the
measures when they are determined to be reasonable and feasible.
Federal law and FHWA regulations do not require the State
departments of transportation to implement noise abatement along
existing highways. However, they may voluntarily initiate this type of
abatement, termed a ``Type II'' project, but they are solely
responsible for making this decision. Federal participation in the
funding of such projects is limited to those that propose abatement
measures along lands that were developed or were under substantial
construction before approval of the acquisition of the right-of-way
for, or construction of, the existing highway.
[[Page 82302]]
Noise abatement measure which may be incorporated in ``Type I'' and
``Type II'' projects include the following: (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
aesthetic purposes), whether within or outside the highway right-of-
way; (5) acquisition of real property or interests therein
(predominately 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); and (6)
noise insulation of public use or nonprofit institutional structures.
In establishing the noise regulations, the FHWA limited routine
noise insulation to public use or nonprofit institutional structures in
an effort to balance what is desirable from an environmental
perspective with what is reasonable fiscally, i.e., balance noise
reduction benefits with overall program costs. However, there may be
situations where: (1) Severe traffic noise impacts exist or are
expected, and (2) the abatement measures listed above are physically
infeasible or economically unreasonable. In these instsances, the FHWA
may approve a State's request for unusual or extraordinary abatement
measures on a case-by-case basis. When considering extraorindary
abatement measures, the State must demonstrate that the affected
activities experience traffic noise impacts to a far greater degree
than other similar activities adjacent to highway facilities. For
example, residential areas experience absolute noise levels of at least
75 decibels or residential areas experience noise level increases of at
least 30 decibels over existing noise levels. The noise insulation of
private residences is an example of an extraordinary abatement measure.
It has been suggested that the noise insulation of private
residences be added to the listing of abatement measures which may
routinely be considered whenever a traffic noise impact occurs. Such
consideration would not require the occurrence of a severe traffic
noise impact. However, such consideration could require that all other
measures be evaluated and be determined not to be reasonable and
feasible before the noise insulation of private residences could be
considered. As with all elements of highway traffic noise analysis and
abatement, consideration for the noise insulation of private residences
should be applied uniformly and consistently on a statewide basis.
The FHWA seeks comments on the following questions:
1. Should the FHWA revise its noise regulation to allow Federal
participation in the noise insulation of private residences whenever a
traffic noise impact occurs, not only when a severe traffic noise
impact occurs?
2. Should the FHWA revise its noise regulation to routinely allow
Federal participation in the noise insulation of private residences,
i.e., add it to the listing of abatement measures which may be included
in ``Type I'' and ``Type II'' projects, or should Federal participation
in the noise insulation of private residences be allowed only after all
the other listed abatement measures have been determined not to be
reasonable and feasible?
3. Should the FHWA revise its noise regulation to address the noise
insulation of private residences in a manner which is different from
that discussed in the first two questions? if so, how?
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination using the docket number appearing at the top of this
document in the docket room at the above address or via the electronic
addresses provided above. The FHWA will file comments received after
the comment closing date in the docket and will consider late comments
to the extent practicable. In addition to late comments, the FHWA will
also continue to file in the docket relevant information becoming
available after the comment closing date, and interested persons should
continue to examine the docket for new material. An NPRM may be issued
at any time after close of the comment period.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, nor
would it be a significant regulatory action within the Department of
Transportation's regulatory policies and procedures. Due to the
preliminary nature of this document and lack of necessary information
on costs and benefits, the FHWA is unable to evaluate the impact of
potential changes to the regulatory requirements concerning the noise
insulation of private residences. Comments, information, and data are
solicited on the economic and other related costs and/or possible
benefits of the potential changes. Based on the information received in
response to this notice, the FHWA intends to carefully consider the
costs and benefits associated with various alternative requirements.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has determined that the potential regulatory changes
will have no economic impacts on small entities. This action would
merely seek information concerning the noise insulation of private
residences. Based on this evaluation, the FHWA certifies that this
action would not have a significant economic impact on a substantial
number of small entities.
National Environmental Policy Act
The FHWA will analyze any actions that might be proposed in
response to comments received here for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to assess
whether there would be any effect on the quality of the environment.
Unfunded Mandates Reform Act of 1995
Due to the preliminary nature of this document and lack of
necessary information on costs, the FHWA is unable to evaluate the
effects of the potential regulatory changes in regards to imposing a
Federal mandate involving the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year (2 U.S.C. 1532). Nevertheless, the FHWA
will evaluate any regulatory action that might be proposed in
subsequent stages of this rulemaking to assess the effects on State,
local, and tribal governments and the private sector.
Executive Order 12988 (Civil Justice Reform)
The FHWA will evaluate any action that may be proposed in response
to comments received here to ensure that such action meets applicable
standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation, eliminate ambiguity, and reduce
burden.
[[Page 82303]]
Executive Order 13045 (Protection of Children)
The FHWA will evaluate any rule that may be proposed in response to
comments received here under Executive Order 13045, Protection of
Children from Environmental Health Risks and Safety Risks. We do not,
however, anticipate that any such rule would be economically
significant or would present an environmental risk to health or safety
that may disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
The FHWA will evaluate any rule that may be proposed in response to
comments received here to ensure that any such rule will not effect a
taking of private property or otherwise have taking implications under
Executive Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights.
Executive Order 13132 (Federalism)
Any action that may be initiated in response to comments received
here will be analyzed in accordance with the principles and criteria
contained in Executive Order 13132, dated August 4, 1999. The FHWA
anticipates that such action would not have a substantial direct effect
or sufficient Federalism implications on States that would limit the
policymaking discretion of the States. Nor do we anticipate that such
action would directly preempt any State law or regulation.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.
Paperwork Reduction Act of 1995
This proposal contains no collection of information requirements
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 23 CFR Part 772
Grant programs-transportation, Highways and roads, Noise control.
Authority: 23 U.S.C. 109(h) and (i); 42 U.S.C. 4331, 4332; and
49 CFR 1.48(b)).
Issued on: December 21, 2000.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 00-33195 Filed 12-27-00; 8:45 am]
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