[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Pages 13332-13335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7062]
[[Page 13331]]
_______________________________________________________________________
Part X
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 51
Regulatory Reinvention; Streamlining of HUD's Environmental Criteria
and Standards; Final Rule
Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules
and Regulations
[[Page 13332]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 51
[Docket No. FR-4034-F-01]
RIN 2501-AC22
Regulatory Reinvention; Streamlining of HUD's Environmental
Criteria and Standards
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In an effort to comply with the President's regulatory reform
initiative, this final rule streamlines HUD's regulations governing its
environmental criteria and standards. Specifically, this rule amends
these regulations to eliminate provisions which do not require
regulatory codification. The rule also updates the regulations to more
accurately reflect current HUD organization and practices. The
streamlining amendments made by this final rule will make HUD's
environmental criteria clearer and more concise.
EFFECTIVE DATE: April 25, 1996.
FOR FURTHER INFORMATION CONTACT: Richard Broun, Office of Community
Viability, Department of Housing and Urban Development, Room 7240, 451
Seventh Street, SW., Washington, DC 20410, telephone (202) 708-3297.
Hearing- or speech-impaired individuals may access this number by
calling the Federal Information Relay Service TTY at 1-800-877-8339.
(With the exception of the ``800'' number, these numbers are not toll-
free.)
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to all
Federal departments and agencies regarding regulatory reinvention. In
response to this memorandum, HUD conducted a page-by-page review of its
regulations to determine which can be eliminated, consolidated, or
otherwise improved. As part of this review, HUD reexamined its
regulations at 24 CFR part 51, which govern HUD's environmental
criteria and standards. HUD has determined that several streamlining
amendments can be made to part 51.
This final rule removes provisions which do not require regulatory
codification. For example, this rule removes most of the substance of
Sec. 51.3, which sets forth the responsibility for administering the
requirements of 24 CFR part 51. The rule also removes paragraph (a) of
Sec. 51.102, which describes the authority to approve projects under
part 51, subpart B. This information, while helpful to HUD's clients,
will more appropriately be provided through Federal Register notice.
Accordingly, Appendix I to this rule identifies the HUD officials with
responsibility for administering the requirements of part 51 and their
specific duties. HUD will update this appendix as necessary.
This final rule also updates part 51 to more accurately reflect
current HUD organization and practices. For example, paragraph (a)(3)
of Sec. 51.101 sets forth HUD's policy for support of construction of
new noise sensitive uses. This paragraph states that the ``policy does
not apply to * * * any action or emergency assistance under disaster
emergency programs.'' The provision originally applied to FEMA
programs, which are no longer under HUD jurisdiction. This final rule
updates paragraph (a)(3) of Sec. 51.101 to apply this exclusion more
generally to other emergency actions, such as those performed under
HUD's CDBG and HOME programs.
Finally, the rule streamlines 24 CFR part 51 to eliminate
unnecessary wordiness. The streamlining amendments made by this final
rule will make HUD's environmental criteria clearer and more concise.
II. Justification for Final Rulemaking
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its own regulations on rulemaking
in 24 CFR part 10. However, part 10 provides for exceptions to the
general rule if the agency finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when
prior public procedure is ``impracticable, unnecessary, or contrary to
the public interest'' (24 CFR 10.1). In this case, HUD finds that prior
public comment is unnecessary.
This rule merely removes provisions which are unnecessarily
codified and which HUD will more appropriately set forth through
Federal Register notice. The rule also eliminates excessive wordiness
and updates the regulations at 24 CFR part 51 to reflect current HUD
organization and practices. This final rule does not affect or
establish policy.
III. Other Matters
A. Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this rule will not have a significant economic
impact on a substantial number of small entities. This rule merely
streamlines and updates regulations to reflect current organization and
practices. The rule will have no adverse or disproportionate economic
impact on any small entity.
B. Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact is available for
public inspection during regular business hours in the Office of
General Counsel, the Rules Docket Clerk, Room 10276, 451 Seventh
Street, SW., Washington, DC 20410.
C. Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will not have substantial direct effects on States or their political
subdivisions, or the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various levels of government. No programmatic or policy changes
will result from this rule that would affect the relationship between
the Federal Government and State and local governments.
D. Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have
the potential for significant impact on family formation, maintenance,
or general well-being, and thus is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule.
List of Subjects in 24 CFR Part 51
Environmental protection, Airports, Hazardous substances, Housing
standards, Noise control.
Accordingly, 24 CFR part 51 is amended as follows:
PART 51--ENVIRONMENTAL CRITERIA AND STANDARDS
1. The authority citation for 24 CFR part 51 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), unless otherwise noted.
[[Page 13333]]
Subpart A--General Provisions
2-3. Section 51.2 is revised to read as follows:
Sec. 51.2 Authority.
This part implements the Department's responsibilities under: The
National Housing Act (12 U.S.C. 1701 et seq.); sec. 2 of the Housing
Act of 1949 (42 U.S.C. 1441); secs. 2 and 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3531 and 3535(d)); the
National Environmental Policy Act of 1969 (42 U.S.C. 4321); and the
other statutes that are referred to in this part.
4. Section 51.3 is revised to read as follows:
Sec. 51.3 Responsibilities.
The Assistant Secretary for Community Planning and Development is
responsible for administering HUD's environmental criteria and
standards as set forth in this part. The Assistant Secretary for
Community Planning and Development may be assisted by HUD officials in
implementing the responsibilities established by this part. HUD will
identify these HUD officials and their specific responsibilities
through Federal Register notice.
Sec. 51.5 [Removed]
5. Section 51.5 is removed.
Subpart B--Noise Abatement and Control
6. Section 51.100 is amended by revising the introductory text of
paragraph (a) and revising paragraph (b) to read as follows:
Sec. 51.100 Purpose and authority.
(a) It is the purpose of this subpart B to:
* * * * *
(b) Authority. Specific authorities for noise abatement and control
are contained in the Noise Control Act of 1972, as amended (42 U.S.C.
4901 et seq.); and the General Services Administration, Federal
Management Circular 75-2; Compatible Land Uses at Federal Airfields.
7. Section 51.101 is amended by:
a. Removing paragraph (a)(1)(iii); and
b. Revising paragraphs (a)(1) introductory text, (a)(1)(ii),
(a)(2), and (a)(3) to read as follows:
Sec. 51.101 General policy.
(a) * * *
(1) Planning assistance. HUD requires that grantees give adequate
consideration to noise exposures and sources of noise as an integral
part of the urban environment when HUD assistance is provided for
planning purposes, as follows:
* * * * *
(ii) Applicants shall take into consideration HUD environmental
standards impacting the use of land.
(2) Activities subject to 24 CFR part 58. (i) Responsible entities
under 24 CFR part 58 must take into consideration the noise criteria
and standards in the environmental review process and consider
ameliorative actions when noise sensitive land development is proposed
in noise exposed areas. Responsible entities shall address deviations
from the standards in their environmental reviews as required in 24 CFR
part 58.
(ii) Where activities are planned in a noisy area, and HUD
assistance is contemplated later for housing and/or other noise
sensitive activities, the responsible entity risks denial of the HUD
assistance unless the HUD standards are met.
(3) HUD support for new construction. HUD assistance for the
construction of new noise sensitive uses is prohibited generally for
projects with unacceptable noise exposures and is discouraged for
projects with normally unacceptable noise exposure. (Standards of
acceptability are contained in Sec. 51.103(c).) This policy applies to
all HUD programs providing assistance, subsidy or insurance for
housing, manufactured home parks, nursing homes, hospitals, and all
programs providing assistance or insurance for land development,
redevelopment or any other provision of facilities and services which
are directed to making land available for housing or noise sensitive
development. The policy does not apply to research demonstration
projects which do not result in new construction or reconstruction,
flood insurance, interstate land sales egistration, or any action or
emergency assistance under disaster assistance provisions or
appropriations which are provided to save lives, protect property,
protect public health and safety, remove debris and wreckage, or
assistance that has the effect of restoring facilities substantially as
they existed prior to the disaster.
* * * * *
8. Section 51.102 is amended by:
a. Removing paragraphs (a) and (d);
b. Redesignating paragraphs (b), (c), and (e) as paragraphs (a),
(b), and (c), respectively;
c. Revising the introductory text of newly designated paragraph
(b); and
d. Revising newly designated paragraph (c) to read as follows:
Sec. 51.102 Responsibilities.
* * * * *
(b) Notice to applicants. At the earliest possible stage, HUD
program staff shall:
* * * * *
(c) Interdepartmental coordination. HUD shall foster appropriate
coordination between field offices and other departments and agencies,
particularly the Environmental Protection Agency, the Department of
Transportation, Department of Defense representatives, and the
Department of Veterans Affairs. HUD staff shall utilize the
acceptability standards in commenting on the prospective impacts of
transportation facilities and other noise generators in the
Environmental Impact Statement review process.
9. Section 51.104 is amended by:
a. Removing paragraph (a)(1);
b. Redesignating the introductory text to paragraph (a) as
paragraph (a)(1);
c. Revising paragraph (a)(2); and
d. Revising the introductory text of paragraph (b) and paragraphs
(b)(1)(ii) and (b)(2) to read as follows:
Sec. 51.104 Special requirements.
(a) * * *
(2) Normally unacceptable noise zones and unacceptable noise zones.
Approvals in Normally Unacceptable Noise Zones require a minimum of 5
decibels additional sound attenuation for buildings having noise-
sensitive uses if the day-night average sound level is greater than 65
decibels but does not exceed 70 decibels, or a minimum of 10 decibels
of additional sound attenuation if the day-night average sound level is
greater than 70 decibels but does not exceed 75 decibels. Noise
attenuation measures in Unacceptable Noise Zones require the approval
of the Assistant Secretary for Community Planning and Development, or
the Certifying Officer for activities subject to 24 CFR part 58. (See
Sec. 51.104(b)(2).)
(b) Environmental review requirements. Environmental reviews shall
be conducted pursuant to the requirements of 24 CFR parts 50 and 58, as
applicable, or other environmental regulations issued by the
Department. These requirements are hereby modified for all projects
proposed in the Normally Unacceptable and Unacceptable noise exposure
zones as follows:
(1) * * *
(ii) When an EIS is required, the concurrence of the Program
Assistant Secretary is also required before a project can be approved.
For the purposes of this paragraph, an area will be considered as
largely undeveloped unless the area within a 2-mile radius of
[[Page 13334]]
the project boundary is more than 50 percent developed for urban uses
and infrastructure (particularly water and sewers) is available and has
capacity to serve the project.
* * * * *
(2) Unacceptable noise zone. An EIS is required prior to the
approval of projects with unacceptable noise exposure. Projects in or
partially in an Unacceptable Noise Zone shall be submitted to the
Assistant Secretary for Community Planning and Development, or the
Certifying Officer for activities subject to 24 CFR part 58, for
approval. The Assistant Secretary or the Certifying Officer may waive
the EIS requirement in cases where noise is the only environmental
issue and no outdoor noise sensitive activity will take place on the
site. In such cases, an environmental review shall be made pursuant to
the requirements of 24 CFR parts 50 or 58, as appropriate.
10. Section 51.105 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 51.105 Exceptions.
(a) * * *
(1) The project does not require an Environmental Impact Statement
under provisions of Sec. 51.104(b)(1) and noise is the only
environmental issue.
* * * * *
11. Section 51.106 is amended by revising paragraph (a)(4)
introductory text to read as follows:
Sec. 51.106 Implementation.
(a) * * *
(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:
* * * * *
Subpart C--Siting of HUD-Assisted Projects Near Hazardous
Operations Handling Conventional Fuels or Chemicals of an Explosive
or Flammable Nature
12. Section 51.200 is amended by revising the introductory text to
read as follows:
Sec. 51.200 Purpose.
The purpose of this subpart C is to:
* * * * *
13. Section 51.201 is amended by revising the definition of
``Acceptable separation distance (ASD)'' to read as follows:
Sec. 51.201 Definitions.
Acceptable separation distance (ASD)--means the distance beyond
which the explosion or combustion of a hazard is not likely to cause
structures or individuals to be subjected to blast overpressure or
thermal radiation flux levels in excess of the safety standards in
Sec. 51.203. The ASD is determined by applying the safety standards
established by this subpart C to the guidance set forth in HUD
Guidebook, ``Siting of HUD-Assisted Projects Near Hazardous
Facilities.''
* * * * *
Sec. 51.202 [Amended]
14. Section 51.202 is amended by removing the first sentence of
paragraph (a).
15. Section 51.203 is amended by adding a paragraph (d) to read as
follows:
Sec. 51.203 Safety standards.
* * * * *
(d) Background information on the standards and the logarithmic
thermal radiation and blast overpressure charts that provide assistance
in determining acceptable separation distances are contained in
Appendix II to this subpart C.
16. Section 51.206 is revised to read as follows:
Sec. 51.206 Implementation.
This subpart C shall be implemented for each proposed HUD-assisted
project by the HUD approving official or responsible entity responsible
for review of the project. The implementation procedure will be part of
the environmental review process in accordance with the procedures set
forth in 24 CFR parts 50 and 58.
17. Section 51.207 is revised to read as follows:
Sec. 51.207 Special circumstances.
The Secretary or the Secretary's designee may, on a case-by-case
basis, when circumstances warrant, require the application of this
subpart C with respect to a substance not listed in Appendix I to this
subpart C that would create thermal or overpressure effect in excess of
that listed in Sec. 51.203.
Subpart D--Siting of HUD Assisted Projects in Runway Clear Zones at
Civil Airports and Clear Zones and Accident Potential Zones at
Military Airfields
Sec. 51.300 [Amended]
18. Section 51.300 is amended by removing paragraph (a) and
removing the paragraph designation of paragraph (b).
19. Section 51.302 is amended by revising the first sentence in
paragraph (a) to read as follows:
Sec. 51.302 Coverage.
(a) These policies apply to HUD programs which provide assistance,
subsidy or insurance for construction, land development, community
development or redevelopment or any other provision of facilities and
services which are designed to make land available for construction. *
* *
* * * * *
20. Section 51.303 is amended by revising paragraph (a)(3) to read
as follows:
Sec. 51.303 General policy.
* * * * *
(a) * * *
(3) Special notification requirements for Runway Clear Zones and
Clear Zones. In all cases involving HUD assistance, subsidy, or
insurance for the purchase or sale of an existing property in a Runway
Clear Zone or Clear Zone, HUD (or the responsible entity or recipient
under 24 CFR part 58) shall advise the buyer that the property is in a
Runway Clear Zone or Clear Zone, what the implications of such a
location are, and that there is a possibility that the property may, at
a later date, be acquired by the airport operator. The buyer must sign
a statement acknowledging receipt of this information.
* * * * *
21. Section 51.304 is revised to read as follows:
[[Page 13335]]
Sec. 51.304 Responsibilities.
(a) The following persons have the authority to approve actions in
Accident Potential Zones:
(1) For programs subject to environmental review under 24 CFR part
58: the Certifying Officer of the responsible entity as defined in 24
CFR part 58.
(2) For all other HUD programs: the HUD approving official having
approval authority for the project.
(b) The following persons have the authority to approve actions in
Runway Clear Zones and Clear Zones:
(1) For programs subject to environmental review under 24 CFR part
58: The Certifying Officer of the responsible entity as defined in 24
CFR part 58.
(2) For all other HUD programs: the Program Assistant Secretary.
Dated: March 7, 1996.
Henry G. Cisneros,
Secretary.
[Note: This appendix will not be codified in title 24 of the
CFR.]
Appendix I
Responsibility for Administering HUD's Environmental Criteria and
Standards
Section
1. Purpose.
2. General Responsibilities in the Administration of HUD's
Environmental Criteria and Standards.
3. Responsibilities in the Administration of HUD's Noise
Abatement and Control Standards.
1. Purpose
HUD's environmental criteria and standards are set forth in 24
CFR part 51. The Assistant Secretary for Community Planning and
Development is responsible for administering these regulations.
However, Sec. 51.3 states that the ``Assistant Secretary * * * may
be assisted by HUD officials in implementing the responsibilities
established by'' 24 CFR part 51. The purpose of this appendix is to
identify these HUD officials and their specific duties.
It is unnecessary to codify this information in title 24 of the
Code of Federal Regulations. Providing this information through
Federal Register notice will allow HUD to better assist its clients
and maintain up-to-date environmental standards. HUD will update
this appendix as necessary.
Section 2 of this appendix describes the general
responsibilities in administering HUD's environmental criteria and
standards. These duties are applicable across-the-board to all the
requirements established by 24 CFR part 51. Section 3 of this
appendix is more limited in scope and complements the duties
described in Section 2. Section 3 sets forth the responsibilities in
administering HUD's noise abatement and control standards, which are
described in subpart B to 24 CFR part 51.
2. General Responsibilities in the Administration of HUD's
Environmental Criteria and Standards
HUD approving officials shall assure that adopted environmental
regulations are implemented in relation to program decisions and
recommendations. They shall also monitor projects to assure that
mitigation measures are implemented.
3. Responsibilities in the Administration of HUD's Noise Abatement and
Control Standards
(a) Authority to approve projects. (1) HUD approving officials
shall make decisions on proposed projects with acceptable noise
exposures, including projects where increased noise levels are
considered acceptable because of non-acoustic benefits under 24 CFR
51.105(a). HUD approving officials may also approve projects in
normally unacceptable noise exposed areas where adequate sound
attenuation is provided and where the project does not require an
Environmental Impact Statement under 24 CFR 51.104(b).
(2) Other approvals in normally unacceptable noise exposed areas
require the concurrence of the Program Assistant Secretary.
(3) Requests for approvals of projects or portions of projects
with unacceptable noise exposure shall be referred through the HUD
approving official to the Assistant Secretary for Community Planning
and Development for approval pursuant to 24 CFR 51.104(b).
(4) In cases where the HUD approving official determines that an
important precedent or issue is involved, such cases shall be
referred with recommendations to the Assistant Secretary for
Community Planning and Development.
(b) Technical assistance. Technical assistance in the
measurement, estimation, interpretation, or prediction of noise
exposure is available from the Office of Community Planning and
Development and the Office of Policy Development and Research. Field
office questions shall be forwarded through the HUD approving
official to the Assistant Secretary for Community Planning and
Development or his/her designee.
[FR Doc. 96-7062 Filed 3-25-96; 8:45 am]
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