Radiation Sources on Army Land, 6692-6694 [2011-2748]
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6692
Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Rules and Regulations
(b) Proposals for Interstate or future
Interstate designation under 23 U.S.C.
103(c)(4)(A) or (B), as logical additions
or connections, shall consider the
criteria contained in appendix A of this
subpart. For designation as a part of the
Interstate system, 23 U.S.C. 103(c)(4)(A)
requires that a highway meet all the
standards of a highway on the Interstate
System, be a logical addition or
connection to the Interstate System, and
have the affirmative recommendation of
the State or States involved. For
designation as a future part of the
Interstate System, 23 U.S.C. 103(c)(4)(B)
requires that a highway be a logical
addition or connection to the Interstate
System, have the affirmative
recommendation of the State or States
involved, and have the written
agreement of the State or States
involved that such highway will be
constructed to meet all the standards of
a highway on the Interstate System
within twenty-five years of the date of
the agreement between the FHWA
Administrator and the State or States
involved. Such highways must also be
on the National Highway System.
*
*
*
*
*
■ 5. Amend Appendix A to Subpart A
of Part 470 as follows:
■ A. By revising the appendix heading.
■ B. By amending the introductory
paragraph by removing the words
‘‘Section 139(a) and (b)’’ and adding, in
their place the words ‘‘Section
103(c)(4)(A) and (B)’’, and removing the
reference ‘‘23 U.S.C. 139’’ and adding, in
its place, the reference ‘‘23 U.S.C.
103(c)’’.
■ C. By amending paragraph 5 by
removing the number ‘‘12’’ and adding,
in its place, the number ‘‘25’’.
■ D. By amending paragraph 6 by
removing the reference ‘‘23 U.S.C.
139(b)’’ and add, in its place, the
reference ‘‘23 U.S.C. 103(c)(4)(B)’’. The
revision reads as follows:
Appendix A to Subpart A of Part 470—
Guidance Criteria for Evaluating
Requests for Interstate System
Designations under 23 U.S.C.
103(c)(4)(A) and (B)
*
*
*
*
*
Appendix B to Subpart A of Part 470—
[AMENDED]
6. Amend Appendix B to Subpart A of
Part 470 as follows:
■ A. By amending the introductory
paragraph by removing the reference ‘‘23
U.S.C. 139(a)’’ and adding, in its place,
the reference ‘‘23 U.S.C. 103(c)(4)(A)’’.
■ B. By amending paragraph 1 by
removing the words ‘‘and Regional
Offices’’ and add, in their place, the
words ‘‘Office’’ in each place it appears.
srobinson on DSKHWCL6B1PROD with RULES
■
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Appendix C to Subpart A of Part 470—
POLICY FOR THE SIGNING AND
NUMBERING OF FUTURE
INTERSTATE CORRIDORS
DESIGNATED BY SECTION 332 OF
THE NHS DESIGNATION ACT OF 1995
OR DESIGNATED UNDER 23 U.S.C.
139(b) [AMENDED]
Radiation Safety Program, is finalizing
revisions to the regulation to reflect the
NRC changes to licensing of NaturallyOccurring and Accelerator-Produced
Radioactive Material (NARM). Executive
Order 12866 Regulatory Planning and
Review was followed to rewrite this
rule.
7. Amend Appendix C to Subpart A of
Part 470 as follows:
■ A. By revising the appendix heading.
■ B. By amending Conditions paragraph
1 by removing the reference ‘‘23 U.S.C.
139(b)’’ and adding, in its place, the
reference ‘‘23 U.S.C. 103(c)(4)(B)’’.
■ C. By amending Conditions paragraph
6 by removing the word ‘‘Regional’’, and
adding, in its place, the word ‘‘Division’’.
The revision reads as follows:
DATES:
■
Appendix C to Subpart A of Part 470—
POLICY FOR THE SIGNING AND
NUMBERING OF FUTURE
INTERSTATE CORRIDORS
DESIGNATED BY SECTION 332 OF
THE NHS DESIGNATION ACT OF 1995
OR DESIGNATED UNDER 23 U.S.C.
103(c)(4)(B)
*
*
*
*
*
[FR Doc. 2011–2693 Filed 2–7–11; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 655
[Docket No. USA–2008–0001]
RIN 0702–AA58
Radiation Sources on Army Land
Department of the Army, DoD.
Final rule.
AGENCY:
ACTION:
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
SUMMARY:
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Effective date: March 10, 2011.
Director of Army Safety,
2221 S. Clarke Street, Suite 1107,
Arlington, VA 22202.
ADDRESSES:
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.
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08FER1
Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Rules and Regulations
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.
srobinson on DSKHWCL6B1PROD with RULES
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:
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PART 655—RADIATION SOURCES ON
ARMY LAND
Authority: 10 U.S.C. 3013.
§ 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 nonArmy 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 nonArmy 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
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6693
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
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6694
Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Rules and Regulations
(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]
BILLING CODE 3710–08–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
srobinson on DSKHWCL6B1PROD with RULES
33 CFR Part 117
[Docket Number USCG–2011–0029]
Drawbridge Operation Regulation;
Upper Mississippi River, Keokuk, IA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
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The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Keokuk
Drawbridge across the Upper
Mississippi River, mile 364.0, at
Keokuk, Iowa. The deviation is
necessary to allow the bridge owner
time to perform the needed maintenance
and repairs to the bridge that is essential
to the continued safe operation of the
drawbridge. This deviation allows the
bridge to remain in the closed-tonavigation position for thirty days.
DATES: This deviation is effective from
12:01 a.m., January 30, 2011 until
9 a.m., February 28, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0029 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0029 in the ‘‘Keyword’’ box
and then clicking ‘‘Search’’. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast
Guard; telephone (314) 269–2378,
e-mail Eric.Washburn@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The City
of Keokuk, Iowa requested a temporary
deviation for the Keokuk Drawbridge,
across the Upper Mississippi River, mile
364.0, at Keokuk, Iowa to remain in the
closed-to-navigation position in order to
facilitate needed bridge maintenance
and repairs. The Keokuk Drawbridge
currently operates in accordance with
33 CFR 117.5, which states the general
requirement that drawbridges shall open
promptly and fully for the passage of
vessels when a request to open is given
in accordance with the subpart. This
deviation allows the bridge to remain in
the closed-to-navigation position from
12:01 a.m., January 30, 2011 until
9 a.m., February 28, 2011.
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
Winter conditions on the Upper
Mississippi River coupled with the
closure of U.S. Army Corps of
Engineer’s Lock 20, mile 343.2, Lock 21,
mile 324.9, and Lock 22, mile 301.2
SUMMARY:
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from January 30, 2011 to February 28,
2011 will preclude any significant
navigation demands for the drawspan to
open.
The Keokuk Drawbridge, in the
closed-to-navigation position, provides
a vertical clearance of 25.0 feet above
normal pool. Navigation on the
waterway consists primarily of
commercial tows and recreational
watercraft. This temporary deviation has
been coordinated with waterway users.
No objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: January 24, 2011.
Eric A. Washburn,
Bridge Administrator.
[FR Doc. 2011–2688 Filed 2–7–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 1
RIN 2900–AN88
Disclosure of Medical Information to
the Surrogate of a Patient Who Lacks
Decision-Making Capacity
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document amends
Department of Veterans Affairs (VA)
regulations to reflect changes made by
section 504 of the Caregivers and
Veterans Omnibus Health Services Act
of 2010. Section 504 authorizes a VA
practitioner, when the practitioner
deems it necessary to ensure an
informed medical decision, to share
certain, otherwise protected medical
information with the representative of a
patient who lacks decision-making
capacity. This rulemaking amends VA
regulations consistent with this new
authority.
SUMMARY:
DATES:
Effective Date: February 8, 2011.
FOR FURTHER INFORMATION CONTACT:
Stephania Griffin, Veterans Health
Administration Privacy Officer, Office
of Information (19F2), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave., NW.,
Washington, DC 20420, (704) 245–2492
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: This
document amends VA’s regulations
consistent with section 504 of the
Caregivers and Veterans Omnibus
E:\FR\FM\08FER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Rules and Regulations]
[Pages 6692-6694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2748]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 3710-08-P
