[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]
BILLING CODE 4210-32-P