[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Rules and Regulations]
[Pages 6692-6694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2748]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 655

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


Radiation Sources on Army Land

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

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SUMMARY: The Department of the Army is finalizing revisions to its 
regulation 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 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 
finalizing revisions to the regulation to reflect the NRC changes to 
licensing of Naturally-Occurring and Accelerator-Produced Radioactive 
Material (NARM). Executive Order 12866 Regulatory Planning and Review 
was followed to rewrite this rule.

DATES: Effective date: March 10, 2011.

ADDRESSES: Director of Army Safety, 2221 S. Clarke Street, Suite 1107, 
Arlington, VA 22202.

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

SUPPLEMENTARY INFORMATION:

A. Background

    In the April 14, 2010, issue of the Federal Register (75 FR 19302), 
the Army issued a proposed rule to revise 32 CFR part 655. The revised 
rule reflects the rule created by the NRC on October 1, 2007 (72 FR 
55864) that became effective on November 30, 2007.
    The Army received no comments on its proposed rule. Two individuals 
sought additional information on the rule. One asked how the rule 
affected the Army radiation safety program. The Army explained that the 
changes to the rule are being made to reflect changes in the NRC rule. 
The second individual wanted to know if the rule covered radon. The 
Army explained that the rule does not cover radon.
    The final rule corrects one typographical error in the Authority 
section of 32 CFR part 655, citing to 10 U.S.C. 3013. The Army has made 
a number of administrative changes to the proposed rule to apply 
uniform terminology, insert cross-references to definitions in the NRC 
rules, and otherwise improve the language without making substantive 
changes to the proposed rule, and is finalizing the rule as revised.

B. Regulatory Flexibility Act

    The Army 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. The Army received no comments from 
small entities on the proposed rule.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the 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.

[[Page 6693]]

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(e) of this rule contains information collection 
requirements. The OMB Control number is 0702-0109, ``Letter Permit for 
Non-Army Agency Radiation Sources on Army Land.'' The Army received no 
comments on the proposed information collection requirements.

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 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 rule is a significant 
regulatory action. As such, the 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 Risks and Safety Risks)

    The Department of the Army has determined that according to section 
2-202 of Executive Order 13045 this 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 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 Safety.

List of Subjects in 32 CFR Part 655

    Environmental protection, Radiation protection.

    For reasons stated in the preamble the Department of the Army 
revises 32 CFR part 655 to read as follows:

PART 655--RADIATION SOURCES ON ARMY LAND

    Authority: 10 U.S.C. 3013.


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

    (a) As used in this section:
    Agreement State has the same meaning as provided in 10 CFR 30.4.
    Byproduct material has the same meaning as provided in 10 CFR 
20.1003.
    Radiation has the same meaning as provided in 10 CFR 20.1003.
    Radioactive material includes byproduct material, source material, 
and special nuclear material.
    Source material has the same meaning as provided in 10 CFR 20.1003.
    Special nuclear material has the same meaning as provided in 10 CFR 
20.1003.
    (b) Army radiation permits are required for use, storage, or 
possession of ionizing radiation sources by non-Army entities 
(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 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 
the equivalent regulations of an Agreement State); 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.
    (c) A permit is not required for non-Army entities (including their 
civilian contractors) that use Army licensed radioactive material on an 
Army installation in coordination with the Army 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.
    (d) Other Military Departments are exempt from the requirement of 
paragraph (b) of this section to obtain an Army radiation permit; 
however, the garrison Radiation Safety Officer (RSO) must be notified 
prior to ionizing radiation sources being brought onto the 
installation.
    (e) Applicants will apply for an Army radiation permit by letter 
with supporting documentation (paragraph (f) 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.
    (f) The Army radiation permit application will include a proposed 
effective date and duration (not to exceed 12 months) for the Army 
radiation permit and describe the purposes for which the ionizing 
radiation source will be used. 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 
applicant's point-of-contact name and phone number; 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.
    (g) The garrison commander may 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 ionizing radiation source in the manner requested in the Army 
radiation permit application;
    (2) The applicant possesses a valid Agreement State license that 
allows the applicant to use the ionizing radiation source in the manner 
requested 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 ionizing radiation source as requested in the Army radiation permit 
application and has in place a radiation safety program that complies 
with applicable Army regulations; or

[[Page 6694]]

    (4) For installations outside of the United States, the applicant 
has an appropriate host-nation authorization as necessary that allows 
the applicant to use the ionizing radiation source in the manner 
requested in the Army radiation permit application and has in place a 
radiation safety program that complies with applicable Army regulations 
and host nation laws and regulations.
    (h) Applicants and permit holders shall comply with all applicable 
Federal, state, interstate, and local laws and regulations, status-of-
forces agreements (SOFAs), and other international agreements.
    (i) Each Army radiation permit will require the permit holder to 
remove its permitted ionizing radiation 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 permit holder's activities to the condition such 
property was in prior to the effective date of the permit.
    (j) An Army radiation permit issued pursuant to this section shall 
be valid for no more than 12 months.
    (k) Disposal of radioactive material by non-Army entities 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 if such releases are in 
compliance with all applicable Federal, State, interstate, and local 
laws and regulations, including but not limited to, the NRC regulations 
at 10 CFR part 20, Subpart K, or the equivalent requirements of an 
Agreement State, 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. 2011-2748 Filed 2-7-11; 8:45 am]
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