[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Proposed Rules]
[Pages 19302-19304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8503]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 655

RIN 0702-AA58
[Docket No. USA-2008-0001]


Radiation Sources on Army Land

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule; request for comments.

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SUMMARY: The Department of the Army proposes to revise its regulations 
concerning radiation sources on Army land. The Army requires Non-Army 
agencies (including their civilian contractors) to obtain an Army 
Radiation Permit (ARP) from the garrison commander to use, store or 
possess ionizing radiation sources on an Army Installation. For the 
purpose of this proposed rule, ``ionizing radiation source'' means any 
source that, if held or owned by an Army organization, would require a 
specific Nuclear Regulatory Commission (NRC) license or Army Radiation 
Authorization (ARA). The purpose of the ARP is to protect the public, 
civilian employees and military personnel on an installation from 
potential exposure to radioactive sources. The U.S. Army Safety Office 
which is the proponent for the Army Radiation Safety Program is 
revising the regulation to reflect the Nuclear Regulatory Commission 
changes to licensing of Naturally-Occurring and Accelerator-Produced 
Radioactive Material (NARM). Executive Order 12866 Regulatory Planning 
and Review and Executive Order 13422 Further Amendment to Executive 
Order 12866 on Regulatory Planning and Review were followed to rewrite 
this rule.

DATES: Consideration will be given to all comments received by June 14, 
2010.

ADDRESSES: You may submit comments, identified by 32 CFR Part 655, 
Docket No. USA-2008-0001 and/or RIN 0702-AA58, by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Tim Mikulski, (703) 601-2408.

SUPPLEMENTARY INFORMATION:

A. Background

    On October 1, 2007, the Nuclear Regulatory Commission (NRC) issued 
a final rule which establishes requirements for the expanded definition 
of byproduct material. 72 FR 55864 (Oct. 1, 2007). The final regulation 
became effective on November 30, 2007. The NRC revised the definition 
of byproduct material in 10 CFR Parts 20, 30, 50, 72, 150, 170, and 171 
to be consistent with section 651(e) of the Energy Policy Act of 2005. 
The same revision to the definition of byproduct material was made in a 
separate rulemaking for 10 CFR Part 110 (April 20, 2006; 71 FR 20336). 
The Department of the Army is revising 32 CFR Part 655 to reflect the 
changes of the expanded definition of byproduct material that include 
Naturally-Occurring and Accelerator-Produced Radioactive Material 
(NARM). Specifically, the current 32 CFR 655.10 paragraphs (a)(2), (3) 
and (4) have been removed, as the sources described in these sections 
will now be covered under 32 CFR 655.10(a)(1), which incorporates the 
expanded NRC definition of byproduct material (see, e.g., 10 CFR 
20.1003).
    Additional changes in the rule include:
    --Clarification that the use, storage, or possession of ionizing 
radiation sources must be in connection with an activity of the 
Department of Defense or in connection with a service to be performed 
on the installation for the benefit of the Department of Defense, in 
accordance with 10 U.S.C. 2692(b)(1).
    --The use of ionizing radiation to differentiate between ionizing 
and nonionizing radioactive sources. Nonionizing radiation sources 
include lasers and radio frequency sources that are not covered by an 
ARP.
    --The addition of an exemption of (1) non-Army entities using Army 
owned/licensed radioactive materials and (2) other Military Departments 
needing an ARP to bring radioactive sources on Army lands. The 
Radiation Safety Officer (RSO) must be notified prior to ionizing 
radiation sources being brought onto the installation.
    --Clarification on when to file a NRC Form 241.
    --The time the ARP is valid has been extended from three months to 
twelve months to reduce the need for reapplication.
    --Consideration of host nation regulations was included for Outside 
the Continental United States (OCONUS) military installations.
    --The land will be restored to the condition it was in prior to the 
effective date of the ARP.

B. Regulatory Flexibility Act

    The Department has certified that the rule will not have a 
significant economic impact on a substantial number of small entities 
because the rule imposes no additional costs. However, since this is a 
proposed rule, the Department of the Army seeks comments from small 
entities that may be impacted by this proposed rule change.

[[Page 19303]]

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the proposed rule does not 
include a mandate that may result in estimated costs to State, local or 
Tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    The Army has determined that this is not a major Federal action 
significantly affecting the human environment.

E. Paperwork Reduction Act

    Section 655.10(d) of this proposed rule contains information 
collection requirements. DoD has submitted the following proposal to 
OMB under the provisions of the Paperwork Reduction Act (44 U.S.C. 
Chapter 35). Comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of DoD, including whether the information will have 
practical utility; (b) the accuracy of the estimate of the burden of 
the proposed information collection; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    Title: Letter Permit for Non-Army Agency Radiation Sources on Army 
Land.
    Type of Request: Reinstatement.
    Number of Respondents: 235.
    Responses per Respondent: 1.
    Annual Responses: 235.
    Average Burden per Response: 2 hours.
    Annual Burden Hours: 470 hours.
    Needs and Uses: Army radiation permits are required for use, 
storage, or possession of radiation sources by non-Army agencies 
(including their civilian contractors) on an Army installation.
    The non-Army applicant will apply by letter, e-mail or facsimile 
with supporting documentation to the garrison commander through the 
appropriate tenant commander or garrison director.
    The Army radiation permit application will specify the effective 
date and duration for the Army radiation permit and describe the 
purposes for which the Army radiation permit is being sought. The 
application will include identification of the trained operating 
personnel who will be responsible for implementation of the activities 
authorized by the permit and a summary of their professional 
qualifications; the point-of-contact name and phone number for the 
application; the applicant's radiation safety Standing Operating 
Procedures (SOPs); storage provisions when the radiation source is not 
in use; and procedures for notifying the installation of reportable 
incidents/accidents.
    Affected Public: Business or other for-profit entities; not-for-
profit institutions; State, local or Tribal governments.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    Written comments and recommendations on the proposed information 
collection should be sent to the Office of Management and Budget, Desk 
Officer for the Department of Defense, Room 10235, New Executive Office 
Building, Washington, DC 20503, fax number: (202) 395-5167, with a copy 
to the Department of the Army, Army Safety Office, Chief of Staff DACS-
SF, 2221 S. Clark Street, Room 1113, Arlington, VA 22202 Attn: Mr. Greg 
Komp, telephone (703) 601-2405. Comments can be received from 30 to 60 
days after the date of this notice, but comments to OMB will be most 
useful if received by OMB within 30 days after the date of this notice.
    You may also submit comments, identified by docket number and 
title, by the following method:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write or e-mail the Department of the Army, Army 
Safety Office, Chief of Staff DACS-SF, 2221 S. Clark Street, Room 1113, 
Arlington, VA 22202 Attn: Mr. Greg Komp, telephone (703) 601-2405 or e-
mail [email protected].

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the proposed rule does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 this proposed rule is a 
significant regulatory action. As such, the proposed rule was subject 
to Office of Management and Budget review under section 6(a)(3) of the 
Executive Order.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to section 
2-202 of Executive Order 13045 this proposed rule is not a covered 
regulatory action to which Executive Order 13045 applies nor will this 
rule present environmental health risks or safety risks that will 
disproportionately affect children.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that this proposed rule 
will not have a substantial effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

William T. Wolf,
Brigadier General, U.S. Army, Director of Army Staff Safety.

List of Subjects in 32 CFR Part 655

    Environmental protection, Radiation protection.

    For reasons stated in the preamble the Department of the Army 
proposes to revise 32 CFR Part 655 to read as follows:

PART 655--RADIATION SOURCES ON ARMY LAND

    Authority: 10 U.S.C. 3012.


Sec.  655.10  Oversight of radiation sources brought on Army land by 
non-Army entities (AR 385-10).

    (a) Army radiation permits are required for use, storage, or 
possession of ionizing radiation sources by non-Army agencies 
(including their civilian contractors) on an Army installation. Such 
use, storage, or possession of ionizing radiation sources must be in 
connection with an activity of the Department of Defense or in 
connection with a service to be performed on the installation for the 
benefit of the Department of Defense, in accordance with 10 U.S.C. 
2692(b)(1). Approval by

[[Page 19304]]

the garrison commander is required to obtain an Army radiation permit. 
For the purposes of this section, an ionizing 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 Parts 30, 40, and 70 or 
Agreement State equivalent); or
    (2) 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 ionizing radiation 
source or from any surface that the radiation penetrates.
    (b) A permit is not required for Non-Army entities (including 
civilian contractors) that use Army licensed radioactive material on 
Army installations in coordination with the NRC licensee. The Non-Army 
entity must obtain permission from the Army NRC licensee to use the 
radioactive materials and be in compliance with all of the Army NRC 
license conditions prior to beginning work on Army land.
    (c) Other Military Departments are exempt from the requirement of 
subsection (a) to obtain an Army radiation permit; however the garrison 
Radiation Safety Officer (RSO) must be notified prior to radioactive 
sources being brought onto the installation.
    (d) Applicants will apply by letter with supporting documentation 
(subsection (e) of this section) to the garrison commander through the 
appropriate tenant commander or garrison director. Submit the letter so 
that the garrison commander receives the application at least 30 
calendar days before the requested effective date of the permit.
    (e) The Army radiation permit application will specify effective 
date and duration for the Army radiation permit and describe the 
purposes for which the Army radiation permit is being sought. The 
application will include: identification of the trained operating 
personnel who will be responsible for implementation of the activities 
authorized by the permit and a summary of their professional 
qualifications; the point-of-contact name and phone number for the 
application; the applicant's radiation safety Standing Operating 
Procedures (SOPs); storage provisions when the ionizing radiation 
source is not in use; and procedures for notifying the garrison of 
reportable incidents/accidents.
    (f) The garrison 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 in the manner specified in the Army radiation permit 
application;
    (2) The applicant possesses a valid Agreement State license that 
allows the applicant to use radioactive material in the manner 
specified in the Army radiation permit application. An applicant 
operating in areas subject to exclusive Federal jurisdiction (Agreement 
States Letter SP-96-022) has to file a NRC Form-241, Report of Proposed 
Activities in Non-Agreement States, with the NRC in accordance with 10 
CFR 150.20(b);
    (3) For 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 and 
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 in the manner specified in the Army radiation permit 
application and has in place a radiation safety program that complies 
with applicable Army regulations and Host Nation regulations. 
Applicants will comply with applicable status-of-forces agreements 
(SOFAs) and other international agreements.
    (g) All Army radiation permits will require applicants to remove 
all permitted sources from Army property prior to the expiration of the 
permit and restore all real or personal property of the Army that was 
modified, altered, or otherwise changed as a result of the applicant's 
activities to the condition such property was in prior to the effective 
date of the permit.
    (h) An Army radiation permit issued under provisions of this 
section will be valid for no more than 12 months.
    (i) Disposal of radioactive material (byproduct, source or special 
nuclear) by non-Army agencies on Army property is prohibited. However, 
the garrison commander may give written authorization for releases of 
radioactive material to the atmosphere or to the sanitary sewerage 
system that are in compliance with all applicable Federal, State, and 
local laws or regulations, including but not limited to, the NRC 
regulations at 10 CFR Part 20, Subpart K or Agreement State equivalent, 
and regulations issued by the Army or the Department of Defense, to 
include compliance with any applicable requirement to obtain a permit, 
license, or other authorization, or to submit any information, 
notification, or report for such release.

[FR Doc. 2010-8503 Filed 4-13-10; 8:45 am]
BILLING CODE 3710-08-P