Rule2026-11849
Revising HUD's Noise Abatement and Control Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 12, 2026
Effective
July 13, 2026
Issuing agencies
Housing and Urban Development Department
Abstract
This direct final rule revises the Department of Housing and Urban Development's (HUD) regulations governing noise abatement and control. This final rule amends these regulations to provide that relevant HUD program offices, based on project funding, rather than only the Office of Community Planning and Development (CPD), have the authority to issue approvals related to projects in unacceptable noise zones. This final rule also eliminates unnecessary noise surveillance and data provisions to reflect current HUD practices.
Full Text
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<title>Federal Register, Volume 91 Issue 113 (Friday, June 12, 2026)</title>
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[Federal Register Volume 91, Number 113 (Friday, June 12, 2026)]
[Rules and Regulations]
[Pages 35624-35626]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11849]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 51
[Docket No. FR-6581-F-01]
RIN 2506-AC63
Revising HUD's Noise Abatement and Control Regulations
AGENCY: Office of Community Planning and Development, HUD.
ACTION: Final rule.
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SUMMARY: This direct final rule revises the Department of Housing and
Urban Development's (HUD) regulations governing noise abatement and
control. This final rule amends these regulations to provide that
relevant HUD program offices, based on project funding, rather than
only the Office of Community Planning and Development (CPD), have the
authority to issue approvals related to projects in unacceptable noise
zones. This final rule also eliminates unnecessary noise surveillance
and data provisions to reflect current HUD practices.
DATES: Effective July 13, 2026.
FOR FURTHER INFORMATION CONTACT: Peter Huber, Deputy Director, Office
of Affordable Housing Programs, Office of Community Planning and
Development, U.S. Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410, Room 7282; telephone number (202) 402-
3941 (this is not a toll-free number). HUD welcomes and is prepared to
receive calls from individuals who are deaf or hard of hearing, as well
as individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
HUD's regulations at 24 CFR part 51 govern environmental criteria
and standards that help determine project acceptability and ensure that
HUD-assisted projects achieve the goal of living in a suitable living
environment. These environmental standards generally apply to all HUD
actions. Part 51 includes regulations on noise abatement and control
(subpart B). The Assistant Secretary for Community Planning and
Development (CPD) has the lead role in implementing part 51. Under 24
CFR 51.3, the Assistant Secretary for CPD is responsible for
administering the environmental criteria and standards regulations but
may be assisted by other HUD officials in implementing the
responsibilities established by part 51.
Under 24 CFR 51.104(a)(2), noise attenuation measures in
unacceptable noise zones require the approval of the Assistant
Secretary for Community Planning and Development. In addition, under 24
CFR 51.104(b)(2), projects that are in an unacceptable noise zone must
be submitted to the Assistant Secretary for CPD for approval. The
Assistant Secretary for CPD also has the authority to waive the
requirement to conduct an Environmental Impact Statement (EIS) for
projects in unacceptable noise zones where noise is the only
environmental issue.
CPD is the only HUD program office with the authority to approve
noise attenuation measures, projects, and EIS waivers for projects in
unacceptable noise zones, even if they are being funded and developed
by another HUD program office. If a program office seeks to obtain
approval for noise attenuation measures, a project, or an EIS waiver
for a project it is overseeing in an unacceptable noise zone, it not
only
[[Page 35625]]
must complete its own internal review process, but it must also go
through CPD's review process to gain final approval. Consequently, CPD
staff are required by regulation to devote time and resources to
reviewing projects from other offices that they are unfamiliar with and
in which CPD does not have a stake. This also causes time and resources
to be diverted from CPD priorities as CPD staff must familiarize
themselves with and assess projects before issuing approvals.
Meanwhile, other HUD program offices must wait for CPD to complete its
review before moving forward with a project. This complicates the
project environmental review process by adding unnecessary burdens and
delays for CPD as well as other program offices.
24 CFR 51.102(a) makes HUD field staff responsible for maintaining
surveillance of potential noise problem areas and advising on whether
sites are unacceptable because of noise exposure. However, HUD has
never implemented this provision as it lacks the expertise and capacity
to do so. This provision has not been necessary to make site choice
decisions.
24 CFR 51.106(a)(4) outlines how areawide acoustical data should be
used to make determinations on project suitability near airports and
military installations. Under the regulation, the Assistant Secretary
for CPD is required to review noise contours, which illustrate data on
noise exposure levels associated with aircraft, in certain
circumstances and assess the potential impact of such exposure on HUD
program activity and HUD-assisted projects. As with Sec. 51.102(a),
HUD has never fully implemented this provision as it does not have the
expertise or capacity to do so. In practice, the provision has not been
necessary to make project suitability determinations.
24 CFR 51.3 establishes that HUD will identify officials with
specific responsibilities for administering part 51 through Federal
Register notice. Accordingly, Appendix I to the March 26, 1996, rule
that last updated part 51 identified HUD officials with such
responsibilities (61 FR 13333). Appendix I identified officials with
specific responsibilities in the administration of noise abatement and
control standards including those with the authority to approve
projects with unacceptable noise exposure.
II. This Final Rule
This direct final rule updates HUD's environmental criteria and
standards regulations to provide greater flexibility to HUD program
offices to carry out specific responsibilities in the administration of
noise abatement and control standards and to remove unnecessary
provisions. Therefore, this final rule amends 24 CFR 51.104 to
explicitly grant authority to approve noise attenuation measures,
projects, and EIS waivers for projects in unacceptable noise zones to a
broader range of program offices. This final rule also eliminates
unnecessary provisions in Sec. Sec. 51.102 and 51.106 to both
streamline part 51 and align it with current HUD practices. Lastly,
this final rule updates 24 CFR 51.3 to provide greater flexibility for
HUD to delegate authority to administer part 51.
24 CFR 51.102
HUD is eliminating the text of Sec. 51.102(a) to remove an
unnecessary provision requiring HUD field staff to maintain
surveillance of potential noise problem areas. The provision being
eliminated has never been implemented. This revision streamlines the
regulation and aligns the regulation with current HUD practice.
24 CFR 51.103
HUD is updating the text in footnote 5 of the table at the end of
the section to reflect that approval authority for noise attenuation
measures will now lie with a Program Assistant Secretary.
24 CFR 51.104
HUD is amending Sec. 51.104(a)(2) and (b)(2) to allow for noise
attenuation measures in unacceptable noise zones, projects in
unacceptable noise zones, and EIS waivers for projects in unacceptable
noise zones to be approved by the Assistant Secretary for the relevant
program office overseeing a HUD-assisted project. HUD notes that these
changes to Sec. 51.104 conflict with section 3 of Appendix I to the
1996 part 51 rule (61 FR 13333). Consequently, HUD now revokes the 1996
appendix.
24 CFR 51.106
HUD is revising the text of Sec. 51.106(a)(4) to eliminate
unnecessary provisions requiring HUD review of noise contours. The
provisions being eliminated have never been implemented. This revision
streamlines the regulation and aligns the regulation with current HUD
practice.
24 CFR 51.3
HUD is revising the text of Sec. 51.3 to remove the third sentence
stating that HUD will identify officials who assist the Assistant
Secretary for CPD in implementing part 51 through Federal Register
notice. Removing this text will allow HUD to have greater flexibility
in delegating authority to administer part 51. HUD has issued or
amended delegations and redelegations of authority through unpublished
memoranda as well as through Federal Register notice. By revising the
text of Sec. 51.3, HUD will be able to identify HUD officials with
part 51 responsibilities through unpublished as well as through
published delegations of authority. As previously noted in the
discussion of the revision of Sec. 51.104, section 3 of Appendix I to
the 1996 rule conflicts with revisions to Sec. 51.104. The revision to
Sec. 51.3 also means that updating the appendix will not necessarily
be how HUD will identify officials with part 51 responsibilities.
Consequently, HUD revokes the entirety of Appendix I to the 1996 rule.
III. Justification for Final Rulemaking
HUD's regulations at 24 CFR 10.1 state that notice and public
procedure may be omitted with respect to rules governing the
Department's organization or its own internal practices or procedures.
This rule is limited to updating the Department's internal procedures
as described in the regulations at 24 CFR part 51. This rule is not
establishing policy outside of its own procedures.
IV. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made regarding whether a regulatory action is
significant and, therefore, subject to review by the Office of
Management and Budget in accordance with the requirements of the order.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.'' Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies identify and consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public.
The changes made by this final rule are limited and mostly involve
procedural changes to HUD's administration of environmental criteria
and standards. As a result, this final rule was determined not to be a
significant regulatory action under section 3(f) of Executive Order
12866 and therefore was not reviewed by OMB.
[[Page 35626]]
Executive Order 14192, Regulatory Costs
Executive Order 14192, entitled ``Unleashing Prosperity Through
Deregulation,'' was issued on January 31, 2025. Section 3(c) of
Executive Order 14192 requires that any new incremental costs
associated with new regulations shall, to the extent permitted by law,
be offset by the elimination of existing costs associated with at least
10 prior regulations. This final rule amends existing regulations and
does not impose any additional requirements or burdens. OMB has
determined that this final rule does not impose any regulatory costs as
it streamlines an existing regulation and provides greater flexibility
and therefore is a repeal of a regulation that results in reduced
regulatory costs for purposes of Executive Order 14192.
Federalism (Executive Order 13132)
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either: imposes substantial direct compliance costs on State and local
governments and is not required by statute, or preempts state law,
unless the agency meets the consultation and funding requirements of
section 6 of the Executive Order. This final rule does not have
federalism implications and does not impose substantial direct
compliance costs on state and local governments nor preempt state law
within the meaning of the Executive Order.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because HUD has determined that good cause exists to issue this final
rule without prior public comment, this rule is not subject to the
requirement to publish an initial or final regulatory flexibility
analysis under the RFA as part of such action.
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 (42 U.S.C. 4332(2)(C)). The Finding of No Significant
Impact is available for public inspection between the hours of 8 a.m.
and 5 p.m. weekdays in the Regulations Division, Office of General
Counsel, Room 10276, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410-0500. The Finding of No
Significant Impact will also be available for review in the docket for
this final rule on <a href="http://Regulations.gov">Regulations.gov</a>.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) (UMRA) establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
Tribal governments, and on the private sector. This final rule does not
impose any Federal mandates on any State, local, or Tribal governments,
or on the private sector, within the meaning of the UMRA.
List of Subjects in 24 CFR Part 51
Airports, Hazardous substances, Housing standards, Noise control.
For the reasons described in the preamble, HUD amends 24 CFR part
51 as follows:
PART 51--ENVIRONMENTAL CRITERIA AND STANDARDS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S.C. 3535(d), unless otherwise noted.
Sec. 51.3 [Amended]
0
2. Amend Sec. 51.3 by removing the third sentence.
Sec. 51.102 [Amended]
0
3. Amend Sec. 51.102 by removing paragraph (a) and redesignating
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.
Sec. 51.103 [Amended]
0
4. In Sec. 51.103, in the table at the end of the section, in footnote
5, remove the words ``Assistant Secretary for CPD'' and add, in their
place, the words ``Program Assistant Secretary or their designee''.
Sec. 51.104 [Amended]
0
5. In Sec. 51.104:
0
a. In paragraph (a)(2), remove the words ``Assistant Secretary for
Community Planning and Development'' and add, in their place, the words
``Program Assistant Secretary or their designee'';
0
b. In paragraph (b)(2), remove the words ``The Assistant Secretary or
the Certifying Officer'' and add, in their place, the words ``The
Assistant Secretary or their designee, or the Certifying Officer,''.
0
6. Amend Sec. 51.106 by revising paragraph (a)(4) 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.
* * * * *
Scott Turner,
Secretary.
[FR Doc. 2026-11849 Filed 6-11-26; 8:45 am]
BILLING CODE 4210-67-P
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