operations,

and associated management support, at the Federal Regions, as determined by agreement between FEMA and the DoD Executive Agent; and ensure the availability of such support during any time of war or national mobilization.

(12) Provide full-time Army personnel, as required, to manage the Military Support Liaison Office established by agreement between the Secretary of Defense and the Director of FEMA. Utilize that office to facilitate requirements and communications of the DoD Executive Agent under this part.

(13) Develop training courses for MSCA, including specialized training for Reserve component emergency preparedness liaison officers of all Military Services who will work with civilian communities and agencies as authorized for MSCA missions.

(14) Provide authorizations to DoD Components to perform emergency work under Section 403(c) of the Stafford Act, as amended. That statute provides that, when authorized by the President at the request of a State Governor, under certain conditions, the Department of Defense may perform on public or private lands emergency work that is essential for the preservation of life or property. Emergency work by the Department of Defense under that provision may be carried out only for a period not to exceed 10 days, and is only 75 percent funded by Federal funds.

(h) In addition to the responsibilities assigned under paragraph (f) of this section, the Secretary of the Navy shall:

(1) Maintain liaison and coordinate planning with the Department of Transportation for participation by USCG forces in MSCA.

(2) Furnish technical advice and support for MSCA planning and implementation in areas that are uniquely within the competence of the Navy, Marine Corps, or USCG (e.g., nuclear material disposal for coastal and maritime areas, and emergency protection or restoration of seaport capabilities).

(i) In addition to the responsibilities assigned under paragraph (f) of this section, the Secretary of the Air Force shall:

(1) Establish appropriate guidance. through the National Guard Bureau, for the Adjutants General of the 50 States, District of Columbia, Guam, Puerto Rico, and the Virgin Islands to ensure compliance by the Air National Guard with this part.

(2) Facilitate planning by the Civil Air Patrol for participation in MSCA.

(3) Furnish technical advice and support for MSCA planning and implementation in areas that are uniquely within the competence of the Air Force and its wartime augmentation elements (e.g., coordination with the Federal Aviation Administration, the National Aeronautics and Space Administration, and the National Oceanic and Atmospheric Administration).

(4) Facilitate the conduct and coordination of aerial reconnaissance missions to perform damage assessment in support of MSCA.

(j) In addition to serving as a DoD Planning Agent under paragraph (k) of this section, the Commander in Chief, Forces Command (CINCFOR), subject to the direction of the DoD Executive Agent, shall:

(1) Maintain liaison with FEMA to facilitate cooperative civil and military planning and training for MSCA.

(2) Lead DoD liaison with FEMA and other Federal Agencies at the Federal Regions, including utilization of the RMEC Teams.

(3) Continue to develop, maintain, and disseminate the DODRDB.

(i) The DODRDB shall support MSCA planning for civil emergencies or attacks, as well as post-disaster and postattack damage and residual capability assessment by field elements of the DoD Components. It shall include essential information on resources routinely held by the DoD Components and directly applicable to lifesaving, survival, and immediate recovery aspects of MSCA.

(ii) Forces to be included in the DODRDB are those that are based in the United States and its territories and most capable of supporting civil emergency functions. Those forces include (but are not limited to) construction, airlift, medical, signal, transportation, and military police elements, and training base forces of all Services. The DODRDB will not include strategic

forces or any other forces identified for exclusion by the Chairman of the Joint Chiefs of Staff, unless otherwise directed by the Secretary of Defense.

(iii) The DODRDB shall serve as the basis for emergency reports under continuity of operations, damage assessment, and residual capabilities, and shall include (but not be limited to) reports through the STARCs required by subsection F.2. of DoD Directive 3020.26.14

(4) Plan and conduct civil-military training courses and exercises in conjunction with FEMA.

(k) The Commander in Chief, Forces Command; the Commander in Chief, U.S. Atlantic Command; and the Commander in Chief, U.S. Pacific Command, shall:

(1) In accordance with guidance from the DoD Executive Agent communicated through the Chairman of the Joint Chiefs of Staff—

(i) Serve as DoD Planning Agents for MSCA for the areas specified in §185.4(b)(3); and develop MSCA plans and preparedness measures for their MSCA areas of responsibility.

(ii) Ensure cooperative planning for MSCA operations between DoD Components, FEMA, and other Federal or State civil agencies, as required.

(iii) Utilize RMEC teams to assist in plan development.

(iv) Coordinate with the STARCS through channels established by the Secretary of the Army; and utilize liaison officers provided for in DoD Directive 1215.6 and others, as appropriate, to facilitate coordination of emergency planning.

(v) Plan to perform any designated function of the DoD Executive Agent under this part, if ordered by the Secretary of Defense in time of war or attack on the United States.

(vi) Evaluate MSCA plans, preparedness measures, and training in joint civil military exercises.

(2) Furnish MSCA as directed by the DoD Executive Agent. Employ RMEC Teams and liaison officers, as appropriate, to coordinate emergency response operations with civil agencies, the National Guard, the Military Departments and the CINCS.

14 See footnote 4 to § 185.1(f).

(3) Furnish assistance to civil authorities in non-declared emergency situations when directed by the DoD Executive Agent.

(1) The Directors of the Defense Agencies shall:

(1) Designate a principal planning agent and regional planning agents for MSCA, and advise the DoD Executive Agent of such designated agents.

(2) Ensure effective and efficient coordination of planning by subordinate elements with Federal Regions, STARCS, and State and local civil authorities, through the DoD Planning Agents, as directed by the DoD Executive Agent.

(3) Furnish resources for MSCA when directed by the DoD Executive Agent.

(4) Make DoD resources available for technical support to the other DoD Components for MSCA, when required.

(5) Respond to requests by the DoD Executive Agent to identify resources for the DODRDB.

(6) Provide representatives to serve on RMEC teams, as requested by the DoD Executive Agent.

§ 185.6 Information requirements.

The reporting requirements in §185.5 are exempt from licensing in accordance with paragraph E.4.b. of DoD 8910.1-M.15

PART 186-THE DOD EXPLOSIVES SAFETY BOARD

Sec.

186.1 Purpose.
186.2 Applicability.
186.3 Definition.
186.4

Organization.
186.5 Responsibilities.
186.6 Functions.
186.7 Relationships.

AUTHORITY: 10 U.S.C. 172.

SOURCE: 49 FR 10118, Mar. 19, 1984, unless otherwise noted.

§186.1 Purpose.

(a) This part is reissued and establishes the DoD Explosives Safety Board (DDESB) as a joint activity of the Department of Defense under title 10, United States Code, assigns responsibilities, and prescribes procedures.

15 See footnote 4 to § 185.1(f).

(b) This part authorizes publication of DoD 6055.9-STD, "DoD Ammunition and Explosives Safety Standards," consistent with DoD 5025.1-M, "DoD Directives System Procedures," April 1981.

§ 186.2 Applicability.

This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Defense Nuclear Agency (DNA), and the Defense Logistics Agency (DLA) (hereafter referred to collectively as "DoD Components"). The term "Military Services," as used herein, refers to the Army, Navy, Air Force, and Marine Corps.

(a) The DDESB shall be composed of a chairman, a member from each Military Department, and be supported by a permanent civilian and military secretariat. The normal tour of duty for military personnel is 3 years.

(1) The Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) (ASD(MRA&L)) shall select and appoint the chairman from officers in the grade of 0-6 or higher, nominated by a Military Department Secretary or designee. The chairmanship will rotate among the Military Department every 3 years. The ASD(MRA&L), or designee, shall evaluate the chairman's performance.

(2) The Secretary of each Military Department shall (i) select one qualified officer in the grade of 0-6 or higher to serve as a member of the DDESB in addition to his or her assigned duties, and one alternate of equivalent grade who shall act for his or her principal, if absent, with plenary powers. The alternate may be a qualified civilian em

ployee of the Military Department concerned; and (ii) assign one qualified officer in the grade of 0-6 to the DDESB secretariat to advise the chairman on the Department's policies and procedures concerning explosives safety

matters.

(3) The Directors of the DNA and DLA shall designate a knowledgeable official from each of their Agencies who, in addition to assigned duties. shall serve as a nonvoting member of the DDESB when the business before the DDESB concerns that agency.

§186.5 Responsibilities.

(a) The Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) shall have principal OSD staff responsibility for DDESB activities.

(b) The Heads of DoD Components, or their designees, shall:

(1) Consistent with DoD Directive 5000.19, "Policies for the Management and Control of Information Requirements," March 12, 1976, provide the DDESB with information and support necessary to discharge its assigned responsibilities and functions.

(2) Submit plans for construction or modification of pertinent facilities, outlining the type, character, and siting of the proposed construction or modification to the chairman, DDESB, for review and approval before inclusion of the project in proposed legislation for the current budget year, or before NATO or host country approval of funds. If plans provide less than prescribed safety, they shall be accompanied by a certification letter from the head of the DoD Component concerned that such siting is essential because of operational necessity or other compelling reasons.

(3) Submit to the chairman, DDESB, for review and approval, plans for leasing, transferring, or disposing of DoD real property where ammunition and explosives contamination exists or is suspected to exist.

(4) Set interim safety standards for the manufacture, storage, and handling of ammunition and explosives pending the publication of DoD 6055.9-STD.

(5) Keep the DDESB informed on safety problems related to ammunition

and explosives development, manufacturing, testing, handling, transportation, storage, maintenance, demilitarization, and disposal.

(6) Comply with DoD 6055.9-STD. With respect to explosives to which the United States holds title, but that are located in overseas areas and are not in U.S. custody and under effective U.S. control, carry out this function to the extent consistent with agreements or arrangements with the host country concerned. However, since both local law and DoD 6055.9-STD apply, the more restrictive sets the minimum standards for DoD compliance. Waive or exempt compliance with DoD 6055.9 STD when justified by strategic or other compelling reasons.

(7) Provide qualified personnel for DDESB working groups when requested by the chairman, DDESB.

(8) Perform those tests and evaluations necessary for the assignment of explosives hazard classifications in accordance with Department of Defense Explosives Hazard Classification Procedures, September 1982 (Joint Regulation, TB 700-2).

(i) Military hazard classification and compatibility group.

(ii) Transportation hazard class, commodity description, and markings. 1

(9) Appeal to the ASD(MRA&L) any DDESB decision with which they disagree.

(c) The Secretary of the Army shall provide administrative support for the DDESB and its secretariat to include budgeting, funding, civilian personnel security, and any other required administrative services.

(d) The Chairman, DDESB, shall: (1) Preside at DDESB meetings.

(2) Establish and maintain a system, consistent with the provisions of DoD Directive 5000.19, that will provide the Secretary of Defense and DoD Components with current information on all DDESB matters.

(3) Resolve conflicts within DDESB jurisdiction.

1 If unable to comply with the provisions of § 186.5.(b)(8) or TB 700-2 or, in the case of unresolved differences between DoD Components concerned, complete documentation shall be submitted to the chairman, DDESB, for resolution.

(4) Manage and evaluate the activities and personnel of the secretariat.

(5) Establish and direct the activities of temporary working groups to assist the DDESB.

(6) Provide an annual report to the Secretaries of the Military Departments and the ASD(MRA&L) on the status of explosives safety within the DoD Components.

§ 186.6 Functions.

The DoD Explosives Safety Board shall:

(a) Provide impartial and objective advice to the Secretary of Defense, the Secretaries of the Military Departments, and the Directors of the Defense Agencies on ammunition and explosives manufacturing, testing, handling, maintenance, developing, demilitarization, disposal, transportation, and storage and on the construction and siting of facilities within the United States and overseas when under U.S. jurisdiction, or when planned or intended for U.S-titled ammunition and explosives. This advice shall be structured to prevent conditions that will endanger life and property both inside and outside DoD or host country installations.

(b) Develop and submit to the ASD(MRA&L), for approval, DoD safety standards, to be published as DoD 6055.9-STD, designed to prevent or eliminate hazardous conditions associated with ammunition and explosives.

(c) In coordination with DoD Components, establish joint procedures for explosives hazard classification and arbitrate or otherwise resolve differences resulting from or pertinent to the assignment of hazard classification.

(d) Maintain liaison with other Federal and State agencies, allied governments, and industry having mutual interests or responsibilities in ammunition and explosives safety.

(e) Keep informed on safety problems within the DoD Components relating to ammunition and explosives development, manufacture, testing, handling, transportation, storage, maintenance, demilitarization, and disposal; and within its capability, provide advice and assistance on request.

(f) Survey, study, and evaluate DoD Components' performance on explosives safety procedures to ensure their

compliance with DoD 6055.9-STD and to detect conditions that may endanger life and property inside or outside DoD installations. Provide reports to DoD Components on violations of the DoD 6055.9-STD and recommend corrective action.

(g) Review and analyze reports, data, and information on ammunition and explosives hazards and accidents, except nuclear.

(h) Review and approve the explosives safety aspects of all plans for siting and construction or modification of fixed or movable ammunition and explosives facilities, including facilities in their proximity. Facilities being constructed during combat conditions or the immediate expectations of combat conditions are exempted from this requirement. With respect to plans for new construction providing less than prescribed safety, a certification by the head of the DoD Component concerned justifying that such siting is essential because of operational necessity or other compelling reason shall be required.

(i) Review and approve plans for leasing, transferring, or disposing of DoD

real property where ammunition and explosives contamination exist or is suspected to exist.

(j) Conduct programs for investigation, research, study, and tests concerning explosives hazards required to develop and maintain safety standards.

$186.7 Relationships.

The chairman and DDESB members are authorized and expected to communicate freely with all DoD offices and other U.S. governmental, foreign, and private organizations having a mutual interest or responsibility in safety matters that involve ammunition and explosives. In technical relationships with foreign governments, agencies, or organizations, the chairman and DDESB members shall observe such policy and procedural guidance as may be prescribed by the chief of a diplomatic mission and the senior U.S. military representative in the country. With regard to nuclear weapons, access and communication shall be in accordance with the established procedures of the DNA and the Department of Energy.