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The State Noise Abatement Policy (SNAP) (24VAC 30-80) sets forth the conditions under which noise abatement measures will be considered by VDOT for construction at areas impacted by highway noise. The Federal Highway Administration (FHWA) published a proposal in the Federal Register on September 17, 2009, to make revisions to its Procedures for Abatement of Highway Traffic Noise and Construction Noise, and solicited input from state DOTs in further development of a final rule, which was published in the Federal Register on July 13, 2010. During this period, VDOT determined that the existing regulation was obsolete. Instead of a detailed standalone policy, implementation of the federal procedures within the Commonwealth are contained in VDOT’s Highway Traffic Noise Impact Analysis Guidance Manual, which was approved by the FHWA. The Manual includes step-by-step instructions on policies, procedures, methodology, and documentation, concerning noise abatement analysis and remediation. Because the new State Noise Abatement Policy and Guidance Manual provide guidance and information interpreting and implementing federal statute (23 USC 109), the Office of the Attorney General (OAG) has determined that the SNAP and Guidance Manual meet the statutory criteria of a "guidance document" set out in the Administrative Process Act (APA). As a result, the existing State Noise Abatement Policy (24 VAC 30-80) can be repealed as a regulation by the CTB. The OAG has determined that these actions are exempt from the APA under § 2.2-4002 B3 of the Code of Virginia, which exempts agency actions relating to the location, design, specifications or construction of public buildings or other facilities.
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