§ 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.