[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

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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]
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