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Revising HUD's Noise Abatement and Control Regulations; Correcting Amendment

On June 12, 2026, HUD published a final rule revising its noise abatement and control regulations. Due to an amendatory instruction drafting error, codified text of was not revi...

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Department of Housing and Urban Development
  1. 24 CFR Part 51
  2. [Docket No. FR-6581-C-02]
  3. RIN 2506-AC63

AGENCY:

Office of Community Planning and Development, HUD.

ACTION:

Correcting amendment.

SUMMARY:

On June 12, 2026, HUD published a final rule revising its noise abatement and control regulations. Due to an amendatory instruction drafting error, codified text of was not revised as HUD intended and continues to reference the Assistant Secretary for Community Planning and Development. This document corrects that text to conform to HUD's intent as described in the preamble to the final rule.

DATES:

Effective August 20, 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 www.fcc.gov/​consumers/​guides/​telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION:

On June 12, 2026, HUD published a final rule (91 FR 35624) revising its noise abatement and control regulations at 24 CFR part 51. As explained in the preamble, HUD intended to amend § 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” (91 FR 35625).

Due to an amendatory instruction drafting error, the instruction for § 51.104(b)(2) did not effectuate this intent. Instead of removing the reference to the “Assistant Secretary for Community Planning and Development” from § 51.104(a)(2) and (b)(2), the instructions removed that reference only from § 51.104(a)(2) (91 FR 35626). As a result, the codified text of § 51.104(b)(2) continues to require that projects in or partially in an unacceptable noise zone be submitted to the Assistant Secretary for Community Planning and Development (or the Certifying Officer for projects subject to part 58) for approval and that only the Assistant Secretary for Community Planning and Development (or the Certifying Officer) may waive the requirement for an environmental impact statement for such projects. This correcting amendment revises § 51.104(b)(2) to replace the reference to the Assistant Secretary for Community Planning and Development with “Program Assistant Secretary or their designee,” consistent with the revision made to § 51.104(a)(2).

List of Subjects in 24 CFR Part 51

  • Airports
  • Hazardous substances
  • Housing standards
  • Noise control

Accordingly, 24 CFR part 51 is corrected by making the following correcting amendments:

( printed page 53718)

PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS

1. The authority citation for part 51 continues to read as follows:

Authority: 42 U.S.C. 3535(d), unless otherwise noted.

[Amended]

2. In § 51.104(b)(2), remove the words “Assistant Secretary for Community Planning and Development” and add, in their place, the words “Program Assistant Secretary or their designee”.

Ronald Kurtz,

Assistant Secretary for Community Planning and Development.

[FR Doc. 2026-16967 Filed 8-19-26; 8:45 am]

BILLING CODE 4210-67-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 53717

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Suggested Web Citation

Use this when citing the archival web version of the document.

“Revising HUD's Noise Abatement and Control Regulations; Correcting Amendment,” thefederalregister.org (August 20, 2026), https://thefederalregister.org/documents/2026-16967/revising-hud-s-noise-abatement-and-control-regulations-correcting-amendment.