1、429 Federal Highway Administration, DOT 772.1 6The FHWA published a detailed discussion of US DOTs interpretation of 23 U.S.C. 139(l), together with information applicable to FHWA projects about implementation proce-dures for 23 U.S.C. 139(l), in appendix E to the SAFETEA-LU Environmental Review Pro
2、c-ess: Final Guidance, dated November 15, 2006. The implementation procedures in ap-pendix E apply only to FHWA projects. The section 6002 guidance, including appendix E, is available at http:/www.fhwa.dot.gov/, or in hard copy by request. FONSI is prepared, the final EIS or FONSI should reflect con
3、sultation with the appropriate agencies and provide reasonable assurance that the require-ments will be met. Approval of the en-vironmental document constitutes adoption of any Administration find-ings and determinations that are con-tained therein. The Administrations approval of an environmental d
4、ocu-ment constitutes its finding of compli-ance with the report requirements of 23 U.S.C. 128. 52 FR 32660, Aug. 28, 1987, as amended at 74 FR 12530, Mar. 24, 2009 771.137 International actions. (a) The requirements of this part apply to: (1) Administration actions signifi-cantly affecting the envir
5、onment of a foreign nation not participating in the action or not otherwise involved in the action. (2) Administration actions outside the U.S., its territories, and posses-sions which significantly affect natural resources of global importance des-ignated for protection by the President or by inter
6、national agreement. (b) If communication with a foreign government concerning environmental studies or documentation is antici-pated, the Administration shall coordi-nate such communication with the De-partment of State through the Office of the Secretary of Transportation. 771.139 Limitations on ac
7、tions. Notices announcing decisions by the Administration or by other Federal agencies on a transportation project may be published in the FEDERAL REG-ISTER indicating that such decisions are final within the meaning of 23 U.S.C. 139(l). Claims arising under Fed-eral law seeking judicial review of a
8、ny such decisions are barred unless filed within 180 days after publication of the notice. This 180-day time period does not lengthen any shorter time period for seeking judicial review that other-wise is established by the Federal law under which judicial review is allowed.6This provision does not
9、create any right of judicial review or place any limit on filing a claim that a person has violated the terms of a permit, li-cense, or approval. 74 FR 12530, Mar. 24, 2009 PART 772PROCEDURES FOR ABATEMENT OF HIGHWAY TRAF-FIC NOISE AND CONSTRUCTION NOISE Sec. 772.1 Purpose. 772.3 Noise standards. 77
10、2.5 Definitions. 772.7 Applicability. 772.9 Analysis of traffic noise impacts and abatement measures. 772.11 Noise abatement. 772.13 Federal participation. 772.15 Information for local officials. 772.17 Traffic noise prediction. 772.19 Construction noise. TABLE 1 TO PART 772NOISE ABATEMENT CRI-TERIA
11、 APPENDIX A TO PART 772NATIONAL REF-ERENCE ENERGY MEAN EMISSION LEVELS AS A FUNCTION OF SPEED AUTHORITY: 23 U.S.C. 109(h), 109(i); 42 U.S.C. 4331, 4332; sec. 339(b), Pub. L. 10459, 109 Stat. 568, 605; 49 CFR 1.48(b). SOURCE: 47 FR 29654, July 8, 1982; 47 FR 33956, Aug. 5, 1982, unless otherwise note
12、d. EFFECTIVE DATE NOTE: At 75 FR 39834, July 13, 2010, part 772 was revised, effective July 13, 2011. For the convenience of the user, the revised text is set forth following the text currently in effect. 772.1 Purpose. To provide procedures for noise stud-ies and noise abatement measures to help pr
13、otect the public health and wel-fare, to supply noise abatement cri-teria, and to establish requirements for information to be given to local offi-cials for use in the planning and design of highways approved pursuant to title 23 U.S.C. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 0043
14、9 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS430 23 CFR Ch. I (4111 Edition) 772.3 772.3 Noise standards. The highway traffic noise prediction requirements, noise analyses, n
15、oise abatement criteria, and requirements for informing local officials in this reg-ulation constitute the noise standards mandated by 23 U.S.C. 109(i). All high-way projects which are developed in conformance with this regulation shall be deemed to be in conformance with the Federal Highway Adminis
16、tration (FHWA) noise standards. 772.5 Definitions. (a) Design year. The future year used to estimate the probable traffic volume for which a highway is designed. A time, 10 to 20 years, from the start of construction is usually used. (b) Existing noise levels. The noise, re-sulting from the natural
17、and mechan-ical sources and human activity, con-sidered to be usually present in a par-ticular area. (c) L10. The sound level that is ex-ceeded 10 percent of the time (the 90th percentile) for the period under consid-eration. (d) L10(h). The hourly value of L10. (e) Leqthe equivalent steady-state so
18、und level which in a stated period of time contains the same acoustic en-ergy as the time-varying sound level during the same time period. (f) Leq(h). The hourly value of Leq. (g) Traffic noise impacts. Impacts which occur when the predicted traffic noise levels approach or exceed the noise abatemen
19、t criteria (Table 1), or when the predicted traffic noise levels substantially exceed the existing noise levels. (h) Type I projects. A proposed Federal or Federal-aid highway project for the construction of a highway on new loca-tion or the physical alteration of an ex-isting highway which signific
20、antly changes either the horizonal or vertical alignment or increases the number of through-traffic lanes. (i) Type II projects. A proposed Fed-eral or Federal-aid highway project for noise abatement on an existing high-way. 772.7 Applicability. (a) Type I projects. This regulation ap-plies to all T
21、ype I projects unless it is specifically indicated that a section ap-plies only to Type II projects. (b) Type II projects. The development and implementation of Type II projects are not mandatory requirements of 23 U.S.C. 109(i) and are, therefore, not re-quired by this regulation. When Type II proj
22、ects are proposed for Federal-aid highway participation at the option of the highway agency, the provisions of 772.9(c), 772.13, and 772.19 of this regu-lation shall apply. 772.9 Analysis of traffic noise im-pacts and abatement measures. (a) The highway agency shall deter-mine and analyze expected t
23、raffic noise impacts and alternative noise abate-ment measures to mitigate these im-pacts, giving weight to the benefits and cost of abatement, and to the overall social, economic and environmental ef-fects. (b) The traffic noise analysis shall in-clude the following for each alternative under detai
24、led study: (1) Identification of existing activi-ties, developed lands, and undeveloped lands for which development is planned, designed and programmed, which may be affected by noise from the highway; (2) Prediction of traffic noise levels; (3) Determination of existing noise levels; (4) Determinat
25、ion of traffic noise im-pacts; and (5) Examination and evaluation of al-ternative noise abatement measures for reducing or eliminating the noise impacts. (c) Highway agencies proposing to use Federal-aid highway funds for Type II projects shall perform a noise anal-ysis of sufficient scope to provid
26、e infor-mation needed to make the determina-tion required by 772.13(a) of this chap-ter. 772.11 Noise abatement. (a) In determining and abating traffic noise impacts, primary consideration is to be given to exterior areas. Abate-ment will usually be necessary only where frequent human use occurs and
27、 a lowered noise level would be of benefit. (b) In those situations where there are no exterior activities to be affected VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00440 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale-,-,-431
28、 Federal Highway Administration, DOT 772.13 by the traffic noise, or where the exte-rior activities are far from or phys-ically shielded from the roadway in a manner that prevents an impact on ex-terior activities, the interior criterion shall be used as the basis of deter-mining noise impacts. (c)
29、If a noise impact is identified, the abatement measures listed in 772.13(c) of this chapter must be considered. (d) When noise abatement measures are being considered, every reasonable effort shall be made to obtain substan-tial noise reductions. (e) Before adoption of a final environ-mental impact
30、statement or finding of no significant impact, the highway agency shall identify: (1) Noise abatement measures which are reasonable and feasible and which are likely to be incorporated in the project, and (2) Noise impacts for which no appar-ent solution is available. (f) The views of the impacted r
31、esi-dents will be a major consideration in reaching a decision on the reasonable-ness of abatement measures to be pro-vided. (g) The plans and specifications will not be approved by FHWA unless those noise abatement measures which are reasonable and feasible are incor-porated into the plans and spec
32、ifica-tions to reduce or eliminate the noise impact on existing activities, devel-oped lands, or undeveloped lands for which development is planned, de-signed, and programmed. 772.13 Federal participation. (a) Federal funds may be used for noise abatement measures where: (1) A traffic noise impact h
33、as been identified, (2) The noise abatement measures will reduce the traffic noise impact, and (3) The overall noise abatement bene-fits are determined to outweigh the overall adverse social, economic, and environmental effects and the costs of the noise abatement measures. (b) For Type II projects,
34、 noise abate-ment measures will only be approved for projects that were approved before November 28, 1995, or are proposed along lands where land development or substantial construction predated the existence of any highway. The granting of a building permit, filing of a plat plan, or a similar acti
35、on must have oc-curred prior to right-of-way acquisition or construction approval for the origi-nal highway. Noise abatement meas-ures will not be approved at locations where such measures were previously determined not to be reasonable and feasible for a Type I project. (c) The noise abatement meas
36、ures listed below may be incorporated in Type I and Type II projects to reduce traffic noise impacts. The costs of such measures may be included in Federal- aid participating project costs with the Federal share being the same as that for the system on which the project is located. (1) Traffic manag
37、ement measures (e.g., traffic control devices and sign-ing for prohibition of certain vehicle types, time-use restrictions for certain vehicle types, modified speed limits, and exclusive lane designations). (2) Alteration of horizontal and vertical alignments. (3) Acquisition of property rights (ei-
38、ther in fee or lesser interest) for con-struction of noise barriers. (4) Construction of noise barriers (in-cluding landscaping for aesthetic pur-poses) whether within or outside the highway right-of-way. (5) Acquisition of real property or in-terests therein (predominantly unim-proved property) to
39、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. (6) Noise insulation of public use or nonprofit institutional structures. (d) There may be situations where se-vere traffic noise impacts exist or a
40、re expected, and the abatement measures listed above are physically infeasible or economically unreasonable. In these instances, noise abatement measures other than those listed in paragraph (c) of this section may be proposed for Types I and II projects by the highway agency and approved by the FHW
41、A on a case-by-case basis when the condi-tions of paragraph (a) of this section have been met. 47 FR 29654, July 8, 1982; 47 FR 33956, Aug. 5, 1982, as amended at 61 FR 45321, Aug. 29, 1996; 70 FR 16710, Apr. 1, 2005 VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00441 Fmt 8010 Sfmt 8010
42、 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS432 23 CFR Ch. I (4111 Edition) 772.15 772.15 Information for local officials. In an effort to prevent future traffic noise impacts on currently unde
43、vel-oped lands, highway agencies shall in-form local officials within whose juris-diction the highway project is located of the following: (a) The best estimation of future noise levels (for various distances from the highway improvement) for both de-veloped and undeveloped lands or prop-erties in t
44、he immediate vicinity of the project, (b) Information that may be useful to local communities to protect future land development from becoming in-compatible with anticipated highway noise levels, and (c) Eligibility for Federal-aid partici-pation for Type II projects as described in 772.13(b) of thi
45、s chapter. 772.17 Traffic noise prediction. (a) Any analysis required by this sub-part must use the FHWA Traffic Noise Model (FHWA TNM), which is de-scribed in FHWA Traffic Noise Model Report No. FHWAPD96010, including Revision No. 1, dated April 14, 2004, or any other model determined by the FHWA t
46、o be consistent with the meth-odology of the FHWA TNM. These pub-lications are incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and are on file at the Na-tional Archives and Record Adminis-tration (NARA). For information on the availability of this material at NARA call
47、 (202) 7416030, or go to http:/ www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. These documents are available for copying and inspec-tion at the Federal Highway Adminis-tration, 1200 New Jersey Avenue, SE., Washington, DC 20590, as provided in 49 CFR part 7. These
48、 documents are also available on the FHWAs Traffic Noise Model Web site at the following URL: http:/www.trafficnoisemodel.org/ main.html. (b) In predicting noise levels and as-sessing noise impacts, traffic charac-teristics which will yield the worst hourly traffic noise impact on a reg-ular basis f
49、or the design year shall be used. 47 FR 29654, July 8, 1982; 47 FR 33956, Aug. 5, 1982, as amended at 70 FR 16710, Apr. 1, 2005; 74 FR 28442, June 16, 2009 772.19 Construction noise. The following general steps are to be performed for all Types I and II projects: (a) Identify land uses or activities which may be affected by noise from construction of the project. The identi-fication is to be performed during the project development studies. (b) Determine the measures which are needed in t
