[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Proposed Rules]
[Pages 37296-37297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17952]


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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: Proposed rule.

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SUMMARY: This proposed revision of rules 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 proposed revision includes descriptions 
of ionizing radiation sources that require Army radiation permits and 
criteria for application approval. The proposed 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.

DATES: Comments must be received by September 8, 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:

Information Collection Requirements

    This proposed rule contains collection of information requirements 
in 32 CFR 655.10. Information collection is required in support of 
issuing an Army Radiation Permit to Non-Army agencies. The permits are 
required for use, storage, or possession of radioactive material and 
other radiation on an Army installation. Failure to comply with the 
collection of information would result in installation commanders not 
having knowledge of the presence of radioactive materials or other 
radiation sources on their installations and not provide adequate 
controls to ensure the safety of the public, civilian employees and 
military personnel on the installations. The Paperwork Reduction Act of 
1995, 44 U.S.C. 3507(d) and 5 CFR 1320.11 require Federal agencies to 
submit collections of information contained in proposed rules to the 
Office of Management and Budget (OMB) for review.
    To request more details pertaining to the collection of information 
requirements or to obtain a copy of the proposal and associated 
collection instruments, please write to the above address or call 
Department of the Army Reports clearance officer at (703) 614-0454.
    Title: Letter Permit for Non-Army Agency Radiation Sources on Army 
Land.
    Needs and Uses: Non-Army agencies (including civilian contractors) 
are required to obtain Army radiation permits to use, store, or possess 
radiation sources on Army installation. This proposal changes the 
approval authority for the permits from Commander, U.S. Army Materiel 
Command (formerly, the U.S. Army Materiel Development and Readiness 
Command) to local installation commanders.
    Affected Public: Business or other for profit; not-for-profit 
institutions; state, local or tribal government.
    Annual Burden Hours: 470.
    Number of Respondents: 235.
    Responses Per Respondent: 1.
    Average Burden Per Response: 2.
    Frequency: On occasion.
    The basic information on the use of radioactive sources on Army 
lands was previously published in the Federal Register, 45 FR 26958, 
dated April 22, 1980.

Executive Order 12866

    This proposed rule is not a major rule as defined under Executive 
Order 12866. The proposed 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;

[[Page 37297]]

    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 proposed rule was reviewed with regard to the requirements of 
the Regulatory Flexibility Act. The proposal does not have a 
significant impact on a substantial number of small entities.

Paperwork Reduction Act

    Pursuant to the Paperwork Reduction Act of 1995, the reporting 
provisions of this proposed rule have been submitted to the Office of 
Management and Budget for review under Section 3507(d) of the Act.
    In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction 
Act, the Office of the Director of Army Safety, DACS-SF, announces the 
proposed public information collection and seeks public comment on the 
provisions thereof. Comments are invited on: (1) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (2) the accuracy of the agency's estimates of 
the burden of the proposed information collection; (3) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and, (4) ways to minimize the burden of the information collection on 
respondents, including through the use of automated collection 
techniques or other forms of information technology.
    Comments on these requirements should be submitted to the Office of 
Information and Regulatory Affairs, OMB, 725 17th Street, N.W., 
Washington, DC 20503, marked ``Attention Desk Officer for Department of 
Defense.'' Copies should be sent to the Office of the Director of Army 
Safety, ATTN: DACS-SF, RM 3D253, Chief of Staff, 200 Army Pentagon, 
Washington, DC 20310-0200. When the Department of the Army promulgates 
the Final Rule, the Department will respond to comments by OMB or the 
public regarding the information collection provision requirements of 
the rule.

List of Subjects in 32 CFR Part 655

    Environmental protection, Radiation protection, Reporting and 
recordkeeping requirements.
    Accordingly, 32 CFR part 655 is proposed to be 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 applicants 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 allows 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 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. 98-17952 Filed 7-9-98; 8:45 am]
BILLING CODE 3710-08-M