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seasickness and noise. At birth, the inner ear is fully developed with its full complement of hair cells, supporting cells and nerve fibers. 7 Unlike most other tissues in the body, mammalian hair cells and nerve fibers do not regenerate when damaged. 8 The response of the human ear to sound depends on both the sound frequency, which is measured in Hertz, and the sound pressure on the eardrum, which is measured 4. See id. at 1-39 (defining origin and meaning of term "balanced approach"); see also ICAO, Consolidated Statement of Continuing ICAO Policies and Practices Related to Environmental Protection, Assemb. Res. A36-22 (2007), compiled in Resolutions Adopted by the Assembly, at 85, (Sept. 18, 2007) [hereinafter Consolidated Statement I1] (detailing policies and programs based on balance approach for aircraft noise management). The core of the ICAO balanced approach is identifying the noise problem, and then considering the various measures available to reduce the problem through any of four principal elements. Id. The four options are (1) reducing the noise at the source through technological change; (2) land-use planning and management; (3) noise abatement operational procedures; or (4) operating restrictions like night curfews. Id. 5. A Scientizfic Insight Into Noise, Sri Lanka Sunday Observer, Dec. 30, 2007, available at http://www.sundayobserver.lk/2007/12/30/fea0l.asp (identifying physical distinction between "sound" and "noise"). 6. See About Noise and NPC, About Noise, Noise Pollution, and the Clearinghouse (last visited Apr. 19, 2009) (explaining latin origin of "noise"). 7. See WHO, Occupational and Community Noise, at 1, Fact Sheet No. 258 (Feb. 2001), available at http://www.who.int/peh/Occupational_health/OCHweb/OSH pages/OSHDocuments/Factsheets/noise.pdf [hereinafter WHO Fact Sheet] (explaining ear development in relation to noise). 8. See PETER W. ALBERTI, WORLD HEALTH ORG. [WHO], THE PATHOPHYSIOLOGY OF THE EAR, in OCCUPATIONAL ExPosuRE TO NOISE: EVALUATION, PREVENTION, AND CONTROL 63, 66 (2001), available at www.who.int/entity/occupational-health/publications/noise3.pdf (defining ears' function and regenerative properties). 2 Villanova Environmental Law Journal, Vol. 20, Iss. 2 [2009], Art. 2 https://digitalcommons.law.villanova.edu/elj/vol20/iss2/2 THE No LONGER SILENT PROBLEM in decibels (dB). 9 The unit, A-weighted dB(A), is the unit used to indicate the way humans hear a particular sound. A soft whisper at one meter is about 30 dB(A). Noise levels below 30 dB(A), although often audible, are typically recognized as "low-frequency."' 1 In isolation, these sounds are usually not considered a nuisance, although at 35 dB(A) noise levels can be annoying. 1 For a good night's sleep, continuous background noise should not exceed 30 dB(A). 12 Although some forms of low-frequency noises may need to be reduced, exposure to individual noises exceeding 45 dB(A) should be avoided. 13 The sound pressure level of normal speech is about 50 dB(A), however, for it to be intelligible and not masked, surrounding sound levels should be less than 35 dB(A).14 The sound level in a busy restaurant is roughly equivalent to 55 dB (A), while the noise level that can be heard at a very busy intersection is approximately 75 dB(A). 15 Densely traveled motorways may generate noise levels in the range of 75 to 80 dB(A). 6 Music headphones and some music festivals can both exceed 100 dB(A).17 A chainsaw can reach 110 dB(A).1 8 Vehicles called "Boom Cars," 9. See WHO Fact Sheet, supra note 7, at 2 (noting metric measurement for noise frequency and pressure). 10. See generally GEOFF LEVENTHALL, DEP'T FOR ENv'T., FOOD & RURAL AFFAIRS, A REVIEW OF PUBLISHED RESEARCH ON Low FREQUENCY NOISE AND ITS EFFECTS 7 (2003), available at http://www.defra.gov.uk/environment/noise/research/low frequency/pdf/lowfreqnoise.pdf (explaining physics and effects of low frequency noise). Although audibility remains below 20Hz, tonality is lost below 16-18Hz, thus losing a key element of perception. Id. Low frequency noise spans the infrasonic and audible ranges and may be considered as the range from about 10Hz to 200Hz. Id. The boundaries are not fixed, but the range from about 10Hz to 100Hz is of most interest for the study of low-frequency noise. Id. 11. See id. at 75 (graphing subjective assessment of noise annoyance during daytime and nighttime). 12. See id. (showing graphical comparisons of test noises). 13. See WHO, GUIDELINES FOR COMMUNITY NOISE 44-6 (1999), available at http://www.who.int/docstore/peh/noise/Comnoise-3.pdf (explaining adverse health effects of noise and sleep disturbance that is caused). 14. See id. at 43 (explaining sound pressure levels of interfering noise and effect on speaker strain). 15. See Andy Coghlan, Dying for Some Peace and Quiet, NEW SCIENTIST, Aug. 25, 2007, at 6, 6-9 (discussing link between noise pollution and physical illness). 16. See GUIDELINES FOR COMMUNITY NOISE, supra note 13, at 7 (listing noise sources and noise measurements for sources). 17. See Vlasta Mercier & Beat Hohmann, Is Electronicaly Amplfied Music Too Loud? What do Young People Think?, NOISE & HEALTH, July-Sept. 2002, at 47, 48 (noting high sound level