[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: 24CFR51.106]

[Page 380-383]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 51_ENVIRONMENTAL CRITERIA AND STANDARDS--Table of Contents
 
                  Subpart B_Noise Abatement and Control
 
Sec. 51.106  Implementation.

    (a) Use of available data. HUD field staff shall make maximum use of 
noise data prepared by others when such data are determined to be 
current and adequately projected into the future and are in terms of the 
following:
    (1) Sites in the vicinity of airports. The noise environment around 
airports is described sometimes in terms of Noise Exposure Forecasts, 
abbreviated as NEF or, in the State of California, as Community Noise 
Equivalent Level, abbreviated as CNEL. The noise environment for sites 
in the vicinity of airports for which day-night average sound level data 
are not available may

[[Page 381]]

be evaluated from NEF or CNEL analyses using the following conversions 
to DNL:

DNL[ap] NEF+35
DNL[ap] CNEL

    (2) Sites in the vicinity of highways. Highway projects receiving 
Federal aid are subject to noise analyses under the procedures of the 
Federal Highway Administration. Where such analyses are available they 
may be used to assess sites subject to the requirements of this 
standard. The Federal Highway Administration employs two alternate sound 
level descriptors: (i) The A-weighted sound level not exceeded more than 
10 percent of the time for the highway design hour traffic flow, 
symbolized as L10; or (ii) the equivalent sound level for the 
design hour, symbolized as Leq. The day-night average sound 
level may be estimated from the design hour L10 or 
Leq values by the following relationships, provided heavy 
trucks do not exceed 10 percent of the total traffic flow in vehicles 
per 24 hours and the traffic flow between 10 p.m. and 7 a.m. does not 
exceed 15 percent of the average daily traffic flow in vehicles per 24 
hours:

DNL[ap] L10 (design hour)--3 decibels
DNL[ap] Leg (design hour) decibels


Where the auto/truck mix and time of day relationships as stated in this 
section do not exist, the HUD Noise Assessment Guidelines or other noise 
analysis shall be used.
    (3) Sites in the vicinity of installations producing loud impulsive 
sounds. Certain Department of Defense installations produce loud 
impulsive sounds from artillery firing and bombing practice ranges. 
Noise analyses for these facilities sometimes encompass sites that may 
be subject to the requirements of this standard. Where such analyses are 
available they may be used on an interim basis to establish the 
acceptability of sites under this standard. The Department of Defense 
uses day-night average sound level based on C-weighted sound level, 
symbolized LCdn, for the analysis of loud impulsive sounds. 
Where such analyses are provided, the 8 decibel addition specified in 
Sec. 51.103(b), is not required, and the same numerical values of day-
night average sound level used on an interim basis to determine site 
suitability for non-impulsive sounds apply to the LCdn.
    (4) Use of areawide acoustical data. HUD encourages the preparation 
and use of areawide acoustical information, such as noise contours for 
airports. Where such new or revised contours become available for 
airports (civil or military) and military installations they shall first 
be referred to the HUD State Office (Environmental Officer) for review, 
evaluation and decision on appropriateness for use by HUD. The HUD State 
Office shall submit revised contours to the Assistant Secretary for 
Community Planning and Development for review, evaluation and decision 
whenever the area affected is changed by 20 percent or more, or whenever 
it is determined that the new contours will have a significant effect on 
HUD programs, or whenever the contours are not provided in a methodology 
acceptable under Sec. 51.106(a)(1) or in other cases where the HUD 
State Office determines that Headquarters review is warranted. For other 
areawide acoustical data, review is required only where existing 
areawide data are being utilized and where such data have been changed 
to reflect changes in the measurement methodology or underlying noise 
source assumptions. Requests for determination on usage of new or 
revised areawide data shall include the following:
    (i) Maps showing old, if applicable, and new noise contours, along 
with brief description of data source and methodology.
    (ii) Impact on existing and prospective urbanized areas and on 
development activity.
    (iii) Impact on HUD-assisted projects currently in processing.
    (iv) Impact on future HUD program activity. Where a field office has 
determined that immediate approval of new areawide data is necessary and 
warranted in limited geographic areas, the request for approval should 
state the circumstances warranting such approval. Actions on proposed 
projects shall not be undertaken while new areawide noise data are being 
considered for HUD use except where the proposed location is affected in 
the same

[[Page 382]]

manner under both the old and new noise data.
    (b) Site assessments. Compliance with the standards contained in 
Sec. 51.103(c) shall, where necessary, be determined using noise 
assessment guidelines, handbooks, technical documents and procedures 
issued by the Department.
    (c) Variations in site noise levels. In many instances the noise 
environment will vary across a site, with portions of the site being in 
an Acceptable noise environment and other portions in a Normally 
Unacceptable noise environment. The standards in Sec. 51.103(c) shall 
apply to the portions of a building or buildings used for residential 
purposes and for ancillary noise sensitive open spaces.
    (d) Noise measurements. Where noise assessments result in a finding 
that the site is borderline or questionable, or is controversial, noise 
measurements may be performed. Where it is determined that noise 
measurements are required, such measurements will be conducted in 
accordance with methods and measurement criteria established by the 
Department. Locations for noise measurements will depend on the location 
of noise sensitive uses that are nearest to the predominant noise source 
(see Sec. 51.103(c)).
    (e) Projections of noise exposure. In addition to assessing existing 
exposure, future conditions should be projected. To the extent possible, 
noise exposure shall be projected to be representative of conditions 
that are expected to exist at a time at least 10 years beyond the date 
of the project or action under review.
    (f) Reduction of site noise by use of berms and/or barriers. If it 
is determined by adequate analysis that a berm and/or barrier will 
reduce noise at a housing site, and if the barrier is existing or there 
are assurances that it will be in place prior to occupancy, the 
environmental noise analysis for the site may reflect the benefits 
afforded by the berm and/or barrier. In the environmental review process 
under Sec. 51.104(b), the location height and design of the berm and/or 
barrier shall be evaluated to determine its effectiveness, and impact on 
design and aesthetic quality, circulation and other environmental 
factors.

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

 Appendix I to Subpart B of Part 51--Definition of Acoustical Quantities

    1. Sound Level. The quantity in decibels measured with an instrument 
satisfying requirements of American National Standard Specification for 
Type 1 Sound Level Meters S1.4-1971. Fast time-averaging and A-frequency 
weighting are to be used, unless others are specified. The sound level 
meter with the A-weighting is progressively less sensitive to sounds of 
frequency below 1,000 hertz (cycles per second), somewhat as is the ear. 
With fast time averaging the sound level meter responds particularly to 
recent sounds almost as quickly as does the ear in judging the loudness 
of a sound.
    2. Average Sound Level. Average sound level, in decibels, is the 
level of the mean-square A-weighted sound pressure during the stated 
time period, with reference to the square of the standard reference 
sound pressure of 20 micropascals.
    Day-night average sound level, abbreviated as DNL, and symbolized 
mathematically as Ldn is defined as:
[GRAPHIC] [TIFF OMITTED] TC12OC91.000

    Time t is in seconds, so the limits shown in hours and minutes are 
actually interpreted in seconds. LA(t) is the time varying 
value of A-weighted sound level, the quantity in decibels measured by an 
instrument satisfying requirements of American National Standard

[[Page 383]]

Specification for Type 1 Sound Level Meters S1.4-1971.
    3. Loud Impulsive Sounds. When loud impulsive sounds such as sonic 
booms or explosions are anticipated contributors to the noise 
environment at a site, the contribution to day-night average sound level 
produced by the loud impulsive sounds shall have 8 decibels added to it 
in assessing the acceptability of a site.
    A loud impulsive sound is defined for the purpose of this regulation 
as one for which:
    (i) The sound is definable as a discrete event wherein the sound 
level increases to a maximum and then decreases in a total time interval 
of approximately one second or less to the ambient background level that 
exists without the sound; and
    (ii) The maximum sound level (obtained with slow averaging time and 
A-weighting of a Type 1 sound level meter whose characteristics comply 
with ANSI S1.4-1971) exceeds the sound level prior to the onset of the 
event by at least 6 decibels; and
    (iii) The maximum sound level obtained with fast averaging time of a 
sound level meter exceeds the maximum value obtained with slow averaging 
time by at least 4 decibels.

[44 FR 40861, July 12, 1979; 49 FR 10253, Mar. 20, 1984; 49 FR 12214, 
Mar. 29, 1984]