[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Proposed Rules]
[Pages 12937-12938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6419]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 179
Development of a Munitions Response Site Prioritization Protocol
AGENCY: Office of the Deputy Under Secretary of Defense (Installations
& Environment), DoD.
ACTION: Advanced notice of proposed rulemaking.
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SUMMARY: In response to Section 311 of the Fiscal Year 2002 National
Defense Authorization Act, the Office of the Deputy Under Secretary of
Defense (Installations & Environment), U.S. Department of Defense
(DoD), announces its intention to develop a proposed site
prioritization protocol for assigning to each defense site
(hereinafter, munitions response site) a relative priority for response
activities related to unexploded ordnance, discarded military
munitions, and munitions constituents. Section 311 lists specific
factors to be included in the protocol. DoD is requesting input from
interested parties on: These factors; any additional factors to
consider in developing a site prioritization protocol; how the proposed
protocol should incorporate such factors as they relate to safety and
environmental hazards; and recommendations on any existing
prioritization methods, models, or tools that should be evaluated. DoD
will also request comments on the proposed site prioritization protocol
when it is available for review later this year.
DATES: Suggestions are requested through May 20, 2002.
ADDRESSES: Written suggestions on factors to consider in the
development of the site prioritization protocol should be sent to:
United States Department of Defense, Office of the Deputy Under
Secretary of Defense (I&E)/CL, ATTN: Proposed Site Prioritization
Protocol, 3400 Defense Pentagon, Room 3C765, Washington, DC 20301-3400.
This address must be used when submitting input by U.S. Postal
Service Express Mail. Input will also be accepted via electronic e-mail
at
https://www.denix.osd.mil/MMRP.
FOR FURTHER INFORMATION CONTACT: Patricia Ferrebe, 703-695-6107.
Information regarding the schedule for developing the proposed site
prioritization protocol, along with relevant background information, is
available on the DENIX web site at https://www.denix.osd.mil./MMRP.
SUPPLEMENTARY INFORMATION: Section 311 of the Fiscal Year 2002 National
Defense Authorization Act requires the DoD to develop, in consultation
with representatives of the States and Indian Tribes, a proposed and
final protocol for assigning to each defense site (munitions response
site) a relative priority for response activities based on the overall
conditions at each site. Section 311 provides for public notice and
comment on the proposed protocol; requires that the proposed protocol
be available for public comment on or before November 30, 2002; and
directs DoD to issue a final protocol to be applied to defense sites
listed in the Department's munitions response site inventory. As an
initial step in developing the protocol, DoD seeks public input early
in the development process prior to the public's opportunity to review
and comment on the proposed protocol in November. DoD will also seek
input from State, Tribal, EPA, and Federal Land Managers. DoD will
consider this input during development of the proposed protocol.
Based on the requirements above, DoD intends to accomplish the
following overall objectives with respect to development of a site
prioritization protocol for munitions response sites:
Prepare, in consultation with the States, and Indian
Tribes, a proposed and final protocol per the requirements in Section
311 of the Fiscal Year 2002 National Defense Authorization Act.
Publish the proposed protocol and provide a formal 60-day
public comment period.
Apply the final protocol to munitions response sites
listed on its inventory.
Section 311 lists specific factors that may be considered when
assigning a relative priority to munitions response sites. These
factors may include:
Whether there are known, versus suspected, unexploded
ordnance, discarded military munitions, or munitions constituents on
all or any portion of the defense site and the types of unexploded
ordnance, discarded military munitions, or munitions constituents
preset or suspected to be present.
Whether public access to the defense site is controlled,
and the effectiveness of these controls.
The potential for direct human contact with exploded
ordnance, discarded military munitions, or munitions constituents at
the defense site and evidence of people entering the site.
Whether a response action has been or is being undertaken
at the defense site under the Formerly Used Defense Sites program or
other program.
The planned or mandated dates for transfer of the defense
site from military control.
The extent of any documented incidents involving
unexploded ordnance, discarded military munitions, or munitions
constituents at or from the defense site, including incidents involving
explosions, discoveries, injuries, reports, and investigations.
The potential for drinking water contamination or the
release for munitions constituents into the air.
The potential for destruction of sensitive echo systems
and damage to natural resources. To better understand public concerns
with regard to munitions response sites, DoD is soliciting early public
input on:
Additional factors to be considered.
Existing prioritization methods.
Other comments for developing the prioritization protocol.
Background
To ensure their readiness to protect and defend our nation, our
Military forces conduct live-fire training and testing with weapon
systems at ranges throughout the United States. As a result, some
properties that DoD has historically used to meet its live-fire
training and testing requirements have been found or are suspected to
contain unexploded ordnance, discarded military munitions, or munitions
constituents. This is the situation on many properties where DoD no
longer plans to use military munitions.
DoD's challenge on these munitions response sites is to: (1)
Protect human health and the environment; (2) identify where and how
much of this material is present at munitions response sites; (3) set
priorities for conducting response actions at these sites; and (4)
conduct necessary response actions for these sites. To address these
and other challenges, DoD is developing a comprehensive program to
address munitions--response sites.
Relevant Definitions
Section 311 defines key term that delineate DoD's program to
address munitions response sites. These terms are:
``Defense site'' applies to locations that are or were owned by,
leased to, or otherwise possessed or used by the Department of Defense.
The term does
[[Page 12938]]
not include any operational range, operating storage or manufacturing
facility, or facility that is used for or was permitted for the
treatment or disposal of military munitions.
``Discarded military munitions'' includes military munitions that
have been abandoned without proper disposal or removed from storage in
a military magazine or other storage area for the purpose of disposal.
The term does not include unexploded ordnance, military munitions that
are being held for future use or planned disposal, or military
munitions that have been properly disposed of, consistent with
applicable environmental laws and regulations.
``Military munitions'' consists of all ammunition products and
components produced for or used by the armed forces for national
defense and security, including ammunition products or components under
the control of Department of Defense, the Coast Guard, the Department
of Energy, and the National Guard. The term includes confined gaseous,
liquid, and solid propellants, explosives, pyrotechnics, chemical and
riot control agents, smokes, and incendiaries, including bulk explosive
and chemical warfare agents, chemical munitions, rockets, guided and
ballistic missiles, bombs, warheads, mortar rounds, artillery
ammunition, small arms ammunition, grenades, mines, torpedoes, depth
charges, cluster munitions and dispensers, demolition charges, and
devices and components thereof. The term does not include wholly inert
items, improvised explosive devices, and nuclear weapons, nuclear
devices, and nuclear components, except that the term does include
nonnuclear components of nuclear devices that are managed under the
nuclear weapons program of the Department of Energy after all required
sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) have been completed.
``Munitions constituents'' means any materials originating from
unexploded ordnance, discarded military munitions, or other military
munitions, including explosive and nonexplosive materials, and
emission, degradation, or breakdown elements of such ordnance or
munitions.
``Munitions response sites'' means defense sites that contain
unexploded ordnance, discarded military munitions, and munitions
constituents.
``Unexploded ordnance'' includes military munitions that--
Have been primed, fused, armed, or otherwise prepared for
action;
Have been fired, dropped, launched, projected, or placed
in such a manner as to constitute a hazard to operations,
installations, personnel, or material; and
Remain unexploded either by malfunction, design, or any
other cause.
Dated: March 12, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-6419 Filed 3-19-02; 8:45 am]
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