N.Y. Public Authorities Law § 1204-a: Rapid transit noise code

§ 1204-a. Rapid transit noise code. 1. As used in this section, unless

another meaning is indicated by the context:

a. "Authority" means the New York City Transit Authority.

b. "Subways" means all rail rapid transit systems operated by the

authority including but not limited to rolling stock, track and track

beds, passenger stations, tunnels, elevated structures, yards, depots,

and shops.

c. "New cars" means all those cars the purchase and/or construction of

which is contracted for subsequent to the enactment of this section.

d. "Screech" means any noise generated by wheel-track interactions on

curves or by brake application and which is a prominent discreet tone

above 1000 Hertz as defined by the American National Standards Institute

specifications (ANSIS1.13--1971).

e. "Sound pressure level" means twenty times the logarithm to the base

ten of the ratio of the root mean squared pressure of a sound to a

reference pressure of twenty micropascals. The unit applied to this

measure shall be the decibel (dB).

f. "A-weighted sound level or (dBA)" means the sound pressure level

measured by the use of an instrument with the metering characteristics

and A-weighting frequency response prescribed for sound level meters.

The sound level measurement system must meet or exceed the requirements

of the American National Standard Institute Specification for Sound

Level Meters ANSI S1.4--1971, approved April twenty-seventh, nineteen

hundred seventy-one, throughout the applicable frequency range for

either:

(a) A Type 1 sound level meter; or

(b) A Type 2 sound level meter; or

(c) A Type S sound level meter which has:

(1) an A-weighting frequency response; and

(2) a fast dynamic characteristic which complies with section 5.3 of

ANSI S1.4--1971; and

(3) a relative response level tolerance consistent with that of either

a Type 1 or Type 2 sound level meter, as specified in section 3.2 of

ANSI S1.4--1971.

g. "Equivalent sound level" means the energy-average of the integrated

A-weighted sound level over a specified observation time T and is

identified by the symbol Leg.

2. The authority shall undertake a rail rapid transit noise abatement

study, incorporating a comprehensive review of the results of noise

abatement studies and projects done for or by the Urban Mass

Transportation Administration of the United States Department of

Transportation and other mass transit systems. Such study shall evaluate

the range of strategies available for meeting the sound levels set forth

in the following sound level table, propose strategies and indicate the

approximate time and necessary cost for meeting such sound levels, and

indicate the expected dBA reduction of each proposed strategy. Such

study shall be submitted to the governor and the legislature, and made

available to the public, within one year of enactment of this section.

SOUND LEVEL TABLE

a.

EQUIVALENT SOUND

LEVEL PERCENT COMPLIANCE

within 4 years within 8 years within 12 years

of the of the of the

effective date effective date effective date

of this section of this section of this section

I. CAR INTERIOR

A. new cars 80dBA 100% 100% 100%

B. old cars 85dBA 20% 40% 70%

II. CURVE AND

BRAKE SCREECH

A. new cars No Screech 100% 100% 100%

B. old cars No Screech 20% 60% 100%

III. STATION

TRAINS ENTERING,

LEAVING OR

PASSING THROUGH 105dBA 85% 90% 100%

90dBA 70% 80% 95%

85dBA 50% 60% 80%

80dBA 5% 15% 60%

IV. ELEVATED

STRUCTURES

Sound level

to be

established 10% 30% 60%

b. In all cases noise levels shall be measured so as to reflect

accurately the worst case of noise exposure at a specific location where

a noise abatement strategy has been implemented, to which a subway

passenger, employee, or any person who is within range of subway noise

could reasonably be exposed under normal operating conditions. Noise

measurements shall be made under the following conditions:

Car interior: when the car is in motion at a speed of forty miles per

hour during normal operation with measurements in the center of the car

and the microphone five feet above the floor.

Station: (express) when the train is in motion and passing in front of

the on-platform measuring point.

(local) when the train is in motion and any part of it is within the

station.

Car exterior (elevated tracks) when the train is in motion and is

passing in front of the point from which noise measurements are being

made.

c. All measurements shall be taken with fast dynamic characteristic of

the sound level measurement system. Energy equivalent measurements shall

normally be used; provided, however, alternative measures may be

proposed to incorporate new instrumentation or analyses that may become

available.

3. Within six months of the completion of the study conducted pursuant

to subdivision two of this section, the authority shall report to the

governor and the legislature which strategies or portions of strategies

proposed by such study it has chosen to implement, and the schedule for

such implementation.

To the extent, if any, that the authority's plan fails to meet the

standards specified in the sound table, the authority shall so state and

provide the reasons for its inability to meet such standards.

4. The authority shall submit to the governor and the legislature

annual reports detailing the authority's progress to date in abating

subway noise. The report shall include, but not be limited to an

itemized summary of all monies spent, bids requested and received,

contracts let, and actual work done on noise abatement programs during

the previous period. Any and all subway noise measurements made during

the previous period shall be included, with, whenever possible, analyses

of such measurements.

Such annual report shall also include a detailed analysis of all

future noise abatement activities planned for the upcoming twelve

months. These reports shall also include comprehensive statements of

progress made on all planned noise abatement activities included in the

previous annual report.

Nothing herein shall preclude such report from being incorporated in

the authority's annual capital report submitted pursuant to the "capital

financing and services system act of nineteen hundred eighty-one," so

long as it is maintained as a separate, distinct and identifiable

component in such report.