Department of the Army, DoD § 650.164

Subpart G—Environmental operations, firing schedules, flight pat- Abatement terns, etc. (b) Ambient noise. The all encom- GENERAL passing noise associated with a given environment, usually composite of § 650.161 Purpose. sounds from many sources. The provisions contained in this (c) Decibel (dB). Unit of measure indi- chapter implement the provisions of cating the sound pressure level of a the Act of 1972 (Pub. L. measured sound. dBA indicates that 92–574) and Federal Regulations pro- the sound level is measured through mulgated pursuant to this Act, includ- the A-weighting network of a sound ing Executive Order 11752, Office of level meter. Management and Budget Circular No. (d) Engineering noise reduction. Con- A-106, and EPA procedures for Report- trol of noise at the source, path or re- ing Proposed Abatement ceptor site through use of acoustical Projects For Federal Facilities. engineering techniques. Among other techniques, this involves enclosures, § 650.162 Goal and objectives. absorbent materials, and barriers. The Department of the Army (DA) (e) . The inten- goal is to control noise produced by sity, duration, and character of sounds Army activities to protect the health from all sources. and welfare of its members and the (f) Impulsive noise (also referred to as public within, adjacent to, and sur- impulse or impact noise). Noise with ab- rounding Army installations. The fol- rupt onset, high intensity, short dura- lowing objectives are necessary to tion—typically less than one second. achieve this goal: This type of noise can be produced by (a) Assess the environmental impact weapons fire, explosions, punch presses, of noise produced by Army activities and drop hammers, and consists of a and mitigate harmful or objectionable short burst of acoustical energy of ei- effects to the maximum extent prac- ther a single impulse or a series of im- ticable. pulses. (b) Comply with applicable Federal, (g) Land use planning. That aspect of State, interstate and local standards master planning wherein the best pos- pertaining to noise, consistent with sible use is made of available land military requirements. areas by considering, among other fac- (c) Achieve noise abatement through tors, mission and environmental pro- the application of engineering noise re- tection requirements. duction procedures, administrative (h) Noise control management. The noise control measures, modern land abatement of noise through use of low- use planning and procurement of less noise-emission products, engineering noisy equipment. noise reduction, or administrative (d) Incorporate noise control provi- noise control measures. sions, consistent with national secu- (i) control standards. rity requirements, into the develop- Noise emission standards for products ment and procurement of weapons sys- adopted in accordance with provisions tems and other military equipment for of the Noise Control Act of 1972 or pro- use in combat operations; and in the visions of State, interstate, and local design and siting of facilities. standards for control and abatement of environmental noise. § 650.163 Explanation of terms. (a) Administrative noise control meas- § 650.164 Policies. ures. Policy decisions and administra- The Department of the Army will— tive actions taken to regulate the con- (a) Comply with all DOD and applica- duct of training, operations and activi- ble Federal, State and local noise con- ties for the purpose of relocating, re- trol standards promulgated pursuant scheduling, or restricting activity to to the Noise Control Act in the plan- abate or control noise; e.g., decisions ning, siting, design, construction and on the time of day, site, and number of operation of Army controlled facilities

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and installations. The aim is to pro- (iv) Coordinate noise abatement cri- mote an environment for all people teria, standards, policies, and correc- free from noise that jeopardizes their tive measures with The Surgeon Gen- health and welfare. eral, and The Inspector General and (b) Procure commercial equipment Auditor General, (Army Director of and products, or those adapted for mili- Safety). tary use, that are in compliance with (v) Incorporate noise attenuation established Federal noise standards measures in the design and construc- and give priority to use of low-noise- tion of new structures and provide emission products within reasonable technical assistance on noise attenu- cost and mission limitations. ation techniques for existing struc- (c) Incorporate noise control provi- tures (DAEN-MC). sions in the design and procurement of (2) The Deputy Chief of Staff for Op- vehicles, aircraft, weapons systems and erations and Plans will— other military-unique equipment for (i) Monitor operations and activities use in combat operations to the extent to assure control of noise produced by that essential operational capabilities military equipment, aircraft, and vehi- are not significantly impaired. cles, resulting from the conduct of var- (d) Include the impact of environ- ious types of military training activi- mental noise in any assessment of an ties. Army action or program. (ii) Ensure compliance with appro- (e) Institute measures to reduce and/ priate noise standards during test and or control the generation of noise from evaluation of Army material and dur- flying and flying-related activities and ing operational testing. comply with DOD Instruction 4165.57 on (3) The Deputy Chief of Staff for Re- Air Installations Compatible Use Zones search, Development and Acquisition (AICUZ). will— (f) Periodically monitor Army instal- (i) Monitor compliance with applica- lations and their environs to insure ble noise control standards during the that applicable Federal, State, inter- development and testing of new mate- state and local noise standards are rial. met. (ii) Process and staff requests for ex- emptions (§ 650.175) for military unique § 650.165 Responsibilities. equipment where essential operational (a) Department of the Army Staff. characteristics are significantly im- (1) The Chief of Engineers will— paired by adherence to applicable noise (i) Promulgate basic policies, guid- standards, and where the equipment is ance and regulations for the control of deemed essential to mission accom- environmental noise produced by mili- plishment. tary equipment (aircraft, vehicles, (4) The Surgeon General will— etc.), and that resulting from the con- (i) Monitor health and welfare as- duct of various types of military train- pects of environmental noise within ing activities (DAEN-ZCE). the Department of the Army to assure (ii) Monitor the structural engineer- that the required degree of noise con- ing aspects of the environmental noise trol is maintained. pollution control program to assure (ii) Issue health and medical policy that facilities on Army real property guidance obtained from liaison with satisfies established noise control other Federal agencies assigned re- standards (DAEN-MC). sponsibility for environmental noise (iii) Provide guidelines and assist- control. ance for the selection of architectural (iii) Coordinate in the development of and engineering measures to be em- noise abatement criteria, standards ployed, to control noise levels in con- and corrective measures with the Chief junction with installation master plan- of Engineers and when appropriate ning or the siting of new facilities (e.g., with Director of Safety, HQDA. siting considerations, noise barriers or (b) Commanding General, US Army berms, operational controls, and sound Health Services Command will— attenuation in new and existing struc- (1) Accumulate, evaluate, and dis- tures) (DAEN-MC). seminate data on environmental noise

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conditions that may adversely affect are an annoyance to others; are inju- the health of men and animals. rious to health; and develop remedial (2) Conduct environmental noise projects or procedures to reduce such studies when requested, provide acous- noise to acceptable levels. tical technical assistance for prepara- (3) Monitor the conduct of training tion of Environmental Impact Assess- activities producing inherently high ments (EIA) or Environmental Impact noise levels for the purpose of mini- Statements (EIS) and make rec- mizing its effect on nearby military ommendations on programs or projects and civilian populations. to achieve noise pollution control. (4) Maintain liaison with appropriate (3) Provide technical consultation to Federal, State, and local noise pollu- commanders on health aspects of envi- tion abatement authorities, for the ronmental noise control and assist in purpose of noise control measures inso- the development of environmental far as installation and military oper- noise abatement programs for facilities ational requirements permit in accord- and activities. ance with subpart A of this part. (c) Commanding General, US Army (5) Program and budget for resources Materiel Development and Readiness necessary to conduct an effective noise Command and other materiel develop- control program. ment and procurement agencies will— (6) Maintain a log of citizen com- (1) Procure equipment or materiel plaints of noise produced by Army ac- which complies with DA adopted noise tivities. emission standards and retrofit exist- ing vehicles as appropriate, to reduce § 650.166 Reports. noise to acceptable levels. (2) Initiate and forward requests for Sources of noise pollution will be waiver of noise standards for military identified and those requiring remedial equipment to DAEN-ZCE when it has action will be reported as specified in been determined that compliance with subpart J of this part. An example of such standards would significantly de- an exhibit prepared on a typical envi- grade the required military capability ronmental noise control project is of the equipment. shown in figure 10–7. (3) Pursue a research and develop- § 650.167 References. ment, test and evaluation program for the abatement or control of noise from See table 7–1, for related publications military equipment. to be used in conjunction with this sub- (d) Major Army commanders will— part. (1) Comply with applicable Federal, State, interstate, and local standards STANDARDS AND PROCEDURES regarding environmental noise control and abatement. § 650.168 Standards. (2) Establish a program for an initial (a) Undue exposure to noise may be survey and periodic review of environ- detrimental to the health and welfare mental noise control. of Department of the Army personnel (3) Program and budget for those re- and members of civilian communities sources required for environmental adjacent to military installations. Con- noise control. sequently it is necessary to assess (4) Report resource requirements for major sources of noise to ensure there the conduct of the noise pollution con- are no adverse impacts. Normally this trol program in accordance with sub- is accomplished by making sound level part J of this part. measurements and comparing them to (e) Installation and activity com- established noise standards which in- manders will— clude: (1) Comply with applicable Federal, (1) Occupational noise level stand- State, interstate, and local standards ards—a noise exposure standard estab- regarding environmental noise. lished for the protection of hearing of (2) Identify continuous or recurring workers by the Army Surgeon General sources of noise at an installation or and/or under the Occupational Safety by an activity which exceed standards; and Health Act.

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(2) Product noise source emission interstate and local noise standards standards—maximum noise levels that unless a waiver is specifically obtained may be produced by specified items of in accordance with § 650.175. Where no equipment under the authority of the applicable noise regulations and stand- Noise Control Act or State, interstate ards exist, installation commanders and local standards. will minimize noise intrusions into (3) Environmental noise standards— areas surrounding the installations to property use and/or operational noise prevent them from being a source of levels that are permitted under those complaint. An EPA manual that pro- conditions specified in Federal, State, vides general guidance in the absence interstate and local standards and reg- of specific standards is listed in 15, ulations. table 7–1. (b) Occupational noise level stand- (c) Measurements in decibels (dBA) ards applicable to the Army are con- should be used for measuring contin- tained in AR 40–5, AR 385–10, TB MED uous sound levels from Army activities 251 and MIL-STD-1474(MI). or facilities. For impulse noise such as (c) Product noise emission standards weapons firing and explosives, the EPA are published in the Code of Federal has recommended dBC. Regulations (CFR). Army materiel ex- (d) Environmental noise levels should cluded from compliance with such be identified using an equivalent sound emission standards at the time of man- level description system known as Leq/ ufacture are aircraft, vehicles, weapons Ldn. This new methodology supple- systems and other products produced ments and replaces earlier techniques for combat use. Commercially manu- such as Composite Noise Ratings (CNR) factured products or those adapted for and Noise Exposure Forecast (NEF). general military use will comply with The basic reference is EPA Document the following Federal noise standards: 550/9–74–004, ‘‘Information on Levels of (1) Commercial Aircraft—14 CFR Environmental Noise Requisite to Pro- parts 21, 36 and 91. tect Public Health and Welfare with an (2) Motor Carrier Noise Emission Adequate Margin of Safety,’’ March Standards—40 CFR part 202 and 23 CFR 1974. It is available from the U.S. Gov- part 772. (Section 18 of Noise Control ernment Printing Office. Use will be Act only.) made of this descriptor system in dis- (3) Motors and Engines—40 CFR part cussing noise implications in all Envi- 206. ronmental Impact Assessments (EIA) (4) Railroad Noise Emission Stand- and Environmental Impact Statements ards—40 CFR part 201. (5) Construction Equipment—40 CFR (EIS). Other rating schemes may be part 204. used, but should be related to Leq/Ldn. (6) Transportation Equipment—40 Ldn is recommended by EPA for blast CFR part 205. impulse noise on an interim basis pend- (d) MIL-STD-1474(MI), Noise Limits ing further research and study. for Army Materiel, establishes acous- § 650.170 Assessment of noise. tical noise limits for Army materiel and prescribes the testing require- The impact of environmental noise ments and measurement techniques for whose source is located on Army-con- determining conformance to the noise trolled property will be included in an limits therein. EIA or an EIS of any Army proposed (e) Environmental noise will be as- action. Analyses of such significant sessed and controlled in accordance sources of environmental noise as air- with the provisions set forth herein. fields and firing ranges should be based on field measurements by acoustical § 650.169 Noise measurement stand- technicians. ards. (a) Technical assistance on land use (a) Noise pollution control standards management or real property associ- are applicable to both existing and new ated noise problems (e.g., blast noise, Army facilities. etc.) can be obtained from U.S. Army (b) Army facilities and activities will Construction Engineering Research comply with applicable Federal, State, Laboratory (CERL), P.O. Box 4005,

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Champaign, IL 61820. A helpful ref- (b) Vehicles (combat and noncombat) erence on this matter is the CERL doc- operations and training. ument: ‘‘User Manual for the Acquisi- (c) Weapons firing, explosives and tion and Evaluation of Operational demolition operations and training Blast Noise Data,’’ Technical Report (blast noise, § 650.169(d)). E–42 CERL, June 1974 (NTIS), see table (d) Fixed noise sources (power plants 7–1). and generators, manufacturing plants, (b) Technical assistance to include industrial facilities, carpenter shops, field surveys and the preparation of en- dynamometer buildings etc.) vironmental noise pollution evalua- (e) Electrical and electronic equip- tions relating to health and welfare ment. considerations of all types of environ- (f) Construction equipment oper- mental noise problems can be provided ations and training. by the U.S. Army Environmental Hy- (g) Recreational activities (e.g., giene Agency. Requests for assistance snowmobiles, trailbikes, etc.) should be sent to Commander, U.S. (h) All other noise sources that ex- Army Health Services Command (HSC- ceed 55 dBA measured at a distance of PA), Fort Sam Houston, TX 78234. This 50 feet from the source. assistance includes— (1) The evaluation of existing or po- § 650.172 Noise control. tential noise problems which are evi- (a) Control of new and existing denced by complaints, litigation, or of- sources of environmental noise can ficial inquiries; normally be achieved by applying sin- (2) The assessment of those situa- gly or in combination noise reduction tions where existing or proposed civil- at the source, altering the path of ian-community actions may adversely noise, and noise reduction at the recep- impact noise-sensitive areas located on tor site. Further, low-noise-emission Army installations; products and equipment will be ac- (3) The assessment of those situa- quired wherever possible. tions where a proposed civilian com- (b) Engineering noise controls, estab- munity action may be adversely im- lishment of noise buffer zones, site de- pacted from an ongoing Army activity; sign and building construction for (4) The recommendation of measures noise control, and similar land use to mitigate an existing or potential ad- planning techniques will be employed verse noise impact; in the siting and design of new military structures and facilities. (5) The evaluation of Department of (c) Projects and resources required to the Army activities to ensure that control sources of environmental noise, they comply with applicable noise reported in accordance with § 650.166, standards and regulations; and will be programed and budgeted using (6) The conduct of environmental established procedures. noise assessments as input to EIS’s ex- (d) To preclude the need for expen- cluding all projects involving land sive engineering noise reduction tech- management and acquisition. niques, the impact of environmental (c) Technical assistance, such as in- noise should be integrated into mili- formation and technical documents, is tary land use planning. Attention will also available from the EPA. Inquiries be given such matters in the master may be sent directly to EPA Office of planning process (AR 210–20) with par- Noise Abatement & Control, Wash- ticular emphasis on— ington, DC 20460, or to the noise rep- (1) Routes of high volume traffic resentative in the respective EPA Re- flow. gion (see fig. 9–1 and table 9–3). (2) Family housing area locations. (3) Location of off-post residential § 650.171 Noise sources. areas. Common sources of environmental (4) Sites of hospital complexes. noise produced by military activities (5) Sites for on-post and off-post that may require some form of noise school facilities. control include— (6) Sites for new ranges, impact areas (a) Aircraft operations and training. and airfields.

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(e) The identification of critical noise price of the least expensive type of rating contours at an installation for product for which these are certified the purpose of aiding in land use plan- substitutes. Those products found to ning will be a required component of meet the low-noise-emission criteria each installation master plan (AR 210– will be announced as available through 20). Assistance in preparing data for regular supply procurement sources (40 these contours can be obtained through CFR part 203 and Noise Control Act of the Office Chief of Engineers (DAEN- 1972, section 15). MCE-P) and Construction Engineering Research Laboratory (CERL). Requests § 650.175 Waivers and exemptions from for such assistance are to be forwarded noise standards. in accordance with reference CERL Requests for exemption or waiver of Technical Report E–42, table 7–1. Blast a Federal or State noise standard will noise, helicopter noise and truck noise be forwarded through channels to programs are under development and HQDA (DAEN-ZCE) WASH DC 20310 OCE will issue Technical Reports in who will take appropriate action to ob- each area. tain OSD approval. Waivers will be re- (f) Technical assistance in quanti- quested for the specified period of time fying noise problems, identifying pos- (normally one year) needed to permit sible violation of standards, making compliance. Exemptions must be fully noise surveys for inclusion in environ- justified on the basis of mission accom- mental impact assessments or impact plishment and military necessity. statements, etc., may be requested from the US Army Environmental Hy- TABLE 7–1—RELATED PUBLICATIONS giene Agency (USA-EHA) in accordance Executive Order 11514, Protection and En- with § 650.170(b). hancement of Environmental Quality, March 7, 1970 (35 FR 4247). § 650.173 Noise complaints. Executive Order 11752, Prevention, Control, While not to be used as the sole cri- and Abatement of Environmental Pollution terion for judging the severity of envi- at Federal Facilities, December 19, 1973 (38 ronmental noise impacts, citizen com- FR 243). DOD Instruction 4165.57, Air Installation plaints may be indicators of situations Compatible Use Zones, July 30, 1973. where noise control measures will be Noise Control Act of 1972, Pub. L. 92–574 (86 necessary. Such complaints should be Stat. 1248). logged, investigated, and appropriate Amendment to the Federal Aviation Act of corrective measures taken wherever 1958 to require Aircraft Noise Abatement possible. In many instances, such prob- (Pub. L. 90–411). lems can be resolved to the mutual sat- AR 40–5 Health and Environment. isfaction of the Army and the commu- AR 210–20 Master Planning for Permanent nity through direct consultation Army Installations. AR 385–10 Army Safety Program. among those involved. AR 750–20 Prevention, Control, and Abate- ment of Pollution from Mobile Equipment. § 650.174 Low-noise-emission products. TB MED 251 Noise and Conservation of Under section 15 of the Noise Control Hearing. Act of 1972 (Pub. L. 92–574), the US En- MIL-STD 1474 (MI), Noise Limits for Army vironmental Protection Agency is re- Material. sponsible for administering a national User Manual for the Acquisition and Evalua- tion of Operational Blast Noise Data, Tech- program for the development of low- nical Report E-42, Construction Engineer- noise-emission products. EPA certifies ing Research Laboratory, June 1974. Avail- new products whose noise emissions able under AD No. 782–911/2G1 from Na- are significantly below the EPA source tional Technical Information Service emission standards for these products (NTIS), Springfield, VA 22151. as low-noise-emission products. Such Predicting Community Response to Blast certified products of a commercial na- Noise, Technical Report E-17, Construction ture will be acquired by purchase by Engineering Research Laboratory, Decem- ber 1973. Available under AD No. 773–690 the Army in lieu of other products if from NTIS, Springfield, VA 22151. the Administrator of General Services HUD Dept. Circular 1390.2, Noise Abatement determines that the product costs no and Control: Department Policy, Imple- more than 125 percent of the retail mentation Responsibilities, and Standards.

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EPA Document #6E 550/9–74–004, Informa- the American people.’’ Therefore, it is tion on Levels of Environmental Noise Req- the policy of the Department of the uisite to Protect Public Health and Welfare Army to— with an Adequate Margin of Safety (March 1974). (a) Locate, inventory, evaluate, and nominate to the Secretary of the Inte- Subpart H—Historic Preservation rior all properties under Army jurisdic- tion or control that appear to qualify GENERAL for inclusion in the National Register of Historic Places (National Register). § 650.181 Purpose. (b) Administer and maintain historic This chapter sets forth guidance and properties which are under Army con- procedures to be used by the Depart- trol or jurisdiction in a spirit of stew- ment of the Army in the implementa- ardship and trusteeship for future gen- tion of Executive Order 11593, ‘‘Protec- erations. tion and Enhancement of the Cultural (c) Assess all Army-controlled activi- Environment’’ (36 FR 8921, 16 U.S.C. ties to minimize, eliminate, or miti- 470), in accordance with: gate any adverse impact on historic (a) The of 1906 (34 properties. Stat. 225, 16 U.S.C. 431 et seq), (d) Initiate, plan and budget for sup- (b) The Historic Sites Act of 1935 (49 port of programs necessary to preserve, Stat. 666, 16 U.S.C. 461 et seq.), restore, or rehabilitate historic prop- (c) The National Historic Preserva- erties. tion Act of 1966 (80 Stat. 915, 16 U.S.C. (e) Coordinate, when applicable, 470 et seq.), plans, programs, procedures, and ac- (d) The National Environmental Pol- tivities with the Advisory Council on icy Act of 1969 (83 Stat. 852, 42 U.S.C. Historic Preservation, the Secretary of 4321 et seq.), Interior, State Historic Preservation (e) The Archeological and Historic Officers, The National Trust For His- Preservation Act of 1974 (88 Stat. 174, 16 toric Preservation, the Smithsonian U.S.C. 469 et seq). Institution, and other Federal, State, or local historic organizations. § 650.182 Goal and objectives. (f) Encourage and assist the Sec- The Department of the Army goal is retary of the Interior, non-Federal pub- to protect through preservation, res- lic agencies, local historical societies toration, or rehabilitation all sites, or similarly oriented organizations to structures and objects of historical, ar- administer and maintain historic prop- chitectural, archeological, or cultural erties where such activity does not ad- significance located on Army-con- versely impact on the performance of trolled property. Objectives in attain- the Army mission. ing this goal are to identify, report and take those actions necessary to protect § 650.185 Definitions. and preserve those Army-controlled properties (Historic Properties). Definitions as used in these proce- dures are contained in § 800.3, 36 CFR § 650.183 References. part 800 (appendix). Related publications which should be § 650.186 Responsibilities. used in conjunction with this regula- tion are contained in table 8–1. (a) The Chief of Engineers will exer- cise primary Army staff responsibility § 650.184 Policy. for directing and coordinating a Pres- The National Historic Preservation ervation Program for Army-controlled Act of 1966 (Pub. L. 89–665) establishes a historic properties. The Chief of Engi- national policy for historic preserva- neers will— tion stating ‘‘that the historical and (1) Promulgate policy and regula- cultural foundations of the nation tions on protection and enhancement should be preserved as a living part of of the cultural and historic environ- our community life and developed in ment which reflect Department of De- order to give a sense of orientation to fense guidance and policy.

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