[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53809-53811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26653]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 655
Radiation Sources on Army Land
AGENCY: Office of the Director of Army Safety, Department of the Army,
DoD.
ACTION: Final rule.
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SUMMARY: This final rule changes the approval authority for Army
radiation permits from Commander, U.S. Army Materiel Command (formerly,
the U.S. Army Materiel Development and Readiness Command) to local
installation commanders. Delegating the approval authority to the local
installation commanders will reduce delays in processing permits while
enhancing personal safety of military personnel, civilian employees and
the public. The revision includes descriptions of ionizing radiation
sources that require Army radiation permits and criteria for
application approval. The rule adds the requirement for an Army
radiation permit whenever a non-Army agency wants to bring onto Army
property a machine-produced ionizing radiation source capable of
producing a high radiation area.
EFFECTIVE DATE: October 7, 1998.
ADDRESSES: Headquarters, Department of the Army, Office of the Director
of Army Safety, ATTN: DACS-SF, RM 3D253, Chief of Staff, 200 Army
Pentagon, Washington, DC 20310-0200.
FOR FURTHER INFORMATION CONTACT:
Colonel Robert Cherry, telephone: (703) 695-7291.
SUPPLEMENTARY INFORMATION:
a. Background
Basic information on approval of Radiation Sources on Army Land was
previously published in the proposed rule section of the Federal
Register, Vol. 63, No. 132, pages 37296-37297, Friday, July 10, 1998
for public comment.
b. Comments and Responses
Comment: Only one respondent provided comment. An individual
representing himself strongly supported the proposed rule on the basis
that it improved timely approval to possess radiation sources on Army
land.
Response: The respondent supports the Army intent of this rule.
Executive Order 12866
This rule is not a major rule as defined under Executive Order
12866. The rule does not:
a. Have an annual effect to the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
b. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
c. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
d. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Regulatory Flexibility Act
This rule was reviewed with regard to the requirements of the
Regulatory Flexibility Act. The rule does not have a significant impact
on a substantial number of small entities.
Paperwork Reduction Act
Pursuant to Section 3507(d) of the Paperwork Reduction Act of 1995,
the reporting provisions of this rule have been approved by the Office
of Management and Budget (OMB) and assigned OMB Control Number 0702-
0109.
List of Subjects in 32 CFR Part 655
Environmental protection, Radiation protection, Reporting and
recordkeeping requirements.
Accordingly, 32 CFR part 655 is revised to read as follows:
PART 655--RADIATION SOURCES ON ARMY LAND
Authority: 10 U.S.C. 3012.
Sec. 655.10 Use of radiation sources by non-Army entities on Army land
(AR 385-11)
(a) Army radiation permits are required for use, storage, or
possession of radiation sources by non-Army agencies (including
civilian contractors) on an Army installation. Approval of the
installation commander is required to obtain an Army radiation permit.
For the purposes of this section, a radiation source is:
(1) Radioactive material used, stored, or possessed under the
authority of a specific license issued by the Nuclear Regulatory
Commission (NRC) or an Agreement State (10 CFR);
(2) More than 0.1 microcurie (uCi) 3.7 kilobecquerels (kBq) of
radium, except for electron tubes;
(3) More than 1 uCi (37 kBq) of any naturally occurring or
accelerator produced radioactive material (NARM) other than radium,
except for electron tubes;
(4) An electron tube containing more than 10 uCi (370 kBq) of any
naturally occurring or accelerator produced NARM radioisotope; or
(5) A machine-produced ionizing-radiation source capable of
producing an area, accessible to individuals, in which radiation levels
could result in an individual receiving a dose equivalent in excess of
0.1 rem (1 mSv) in 1 hour at 30 centimeters from the radiation source
or from any surface that the radiation penetrates.
(b) The non-Army applicant will apply by letter with supporting
documentation (paragraph c of this section) through the appropriate
tenant commander to the installation commander. Submit the letter so
that the installation commander receives the application at least 30
calendar days before the requested start date of the permit.
(c) The Army radiation permit application will specify start and
stop dates for the Army radiation permit and describe for what purposes
the applicant needs the Army radiation permit. The installation
commander will approve the application only if the applicant provides
evidence to show that one of the following is true.
(1) The applicant possesses a valid NRC license or Department of
Energy (DOE) radiological work permit that allow the applicant to use
the source as specified in the Army radiation permit application;
(2) The applicant possesses a valid Agreement State license that
allows the applicant to use radioactive material as specified in the
Army radiation permit application, and the applicant has filed NRC
Form-241, Report of Proposed Activities in Non-Agreement States, with
the NRC in accordance with 10 CFR part 150, Sec. 150.20 (an Army
radiation permit issued under provisions of this section will be valid
for no more than 180 days in any calendar year);
(3) For NARM and machine-produced ionizing radiation sources, the
applicant has an appropriate State authorization that allows the
applicant to use the source as specified in the Army radiation permit
application or has in place a radiation safety program that complies
with Army regulations; or
(4) For overseas installations, the applicant has an appropriate
host-nation authorization as necessary that allows the applicant to use
the source as specified in the Army radiation permit application and
has in place a radiation safety program that complies with Army
regulations. (Applicants will comply with applicable status-of-forces
agreements (SOFAs) and other international agreements.)
(d) All Army radiation permits will require applicants to remove
all permitted sources from Army property by the end of the permitted
time.
(e) Disposal of radioactive material by non-Army agencies on Army
property is prohibited. However, the installation commander may
authorize radioactive releases to the atmosphere or to the sanitary
sewerage system that are in
[[Page 53811]]
compliance with all applicable Federal, DoD, and Army regulations. (The
installation commander also will give appropriate consideration to
State or local restrictions on such releases.)
Raymond J. Fatz,
Deputy Assistant Secretary of the Army, (Environment, Safety and
Occupational Health) OASA (I, L&E).
[FR Doc. 98-26653 Filed 10-6-98; 8:45 am]
BILLING CODE 3710-08-M
