Radiation Sources on Army Land

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

h 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

my

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;

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

efense.'' 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.

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

ed 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]

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