---
kind: "section"
citation: "23 C.F.R. § 772.7"
title: "23"
number: "772.7"
heading: "Applicability."
url: "https://uscodex.org/cfr/23/772.7"
---

# §772.7. Applicability.

- (a) This regulation applies to all Federal or Federal-aid Highway Projects authorized under [title 23](/cfr/23.md), United States Code. Therefore, this regulation applies to any highway project or multimodal project that:
  - (1) Requires FHWA approval regardless of funding sources, or
  - (2) **Is funded with Federal-aid highway funds.**
- (b) In order to obtain FHWA approval, the highway agency shall develop noise policies in conformance with this regulation and shall apply these policies uniformly and consistently statewide.
- (c) This regulation applies to all Type I projects unless the regulation specifically indicates that a section only applies to Type II or Type III projects.
- (d) The development and implementation of Type II projects are not mandatory requirements of [section 109(i)](/usc/23/109.md?p=i) of title 23, United States Code.
- (e) If a highway agency chooses to participate in a Type II program, the highway agency shall develop a priority system, based on a variety of factors, to rank the projects in the program. This priority system shall be submitted to and approved by FHWA before the highway agency is allowed to use Federal-aid funds for a project in the program. The highway agency shall re-analyze the priority system on a regular interval, not to exceed 5 years.
- (f) For a Type III project, a highway agency is not required to complete a noise analysis or consider abatement measures.

## Notes

### Authority

Authority: 23 U.S.C. 109(h) and (i); 42 U.S.C. 4331, 4332; sec. 339(b), Pub. L. 104-59, 109 Stat. 568, 605; 49 CFR 1.48(b).

### Source

Source: 75 FR 39834, July 13, 2010, unless otherwise noted.