November 18, 1982
By the authority vested in me as President of the United States of America by Section 301(a) of
Title 37 of the United States Code, and in order to define the scope of two categories of
hazardous duty, it is hereby ordered as follows:
Section 1. Executive Order No. 11157 of June 22, 1964, as amended, is further amended by
striking out subsection (f) of Section 109 of Part I and inserting in lieu thereof the following:
``(f) The term ``duty involving frequent and regular participation in flight operations on the flight
deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are
launched'' shall be construed to mean duty performed by members who are designated for and
ordered to such duty by competent authority from among the crew of a ship from which aircraft
are launched or an aviation unit operating from that type of ship, and who, in any calendar month
(1) participate in flight operations on the flight deck during a minimum of four days, or (2)
participate, on the flight deck, in a minimum number of aircraft launches or recoveries, or both,
that is prescribed by the Secretary concerned as the equivalent of participation under clause (1).
No member shall be entitled, however, to receive the pay provided for in this subsection if, during
any month or portion thereof, he is also eligible to receive incentive pay for other hazardous duty
under the provisions of Section 301 of Title 37, United States Code.
``(g) The term ``duty involving the servicing of aircraft or missiles with highly toxic fuels or
propellants'' shall be construed to mean duty performed by members as a primary duty that
requires (1) removal, replacement, and servicing of the emergency power unit of an aircraft with
H - 70 propellant (30 percent water, 70 percent hydrazine); (2) participation by those personnel
performing duties in (g)(1) who must also participate in an emergency response force, spill
containment, or spill cleanup involving H - 70 propellant (30 percent water, 70 percent
hydrazine); (3) handling and maintaining the liquid propellants (liquid oxidizer-nitrogen tetroxide;
unsymmetrical dimethyl hydrazine) used in the Titan weapon system, if such duty requires
qualification in the use of the Rocket Fuel Handler's Clothing Outfit and involves (A) launch duct
operations, including flow, pressurization, on-load, off-load, set-up, or tear down involving
propellant transfer operations; (B) set-up, installation or tear down for fuel/oxidizer flow; (C)
decontamination of equipment, including, but not limited to the Rocket Fuel Handler's Clothing
Outfit; (D) venting or pressurizing missile fuel or oxidizer tanks; (E) removing or replacing missile
components while missile fuel and oxidizer tanks are loaded with such propellants; (F) transferring
propellants between commercial and military holding trailers, or between holding trailers and
fuel/oxidizer pump rooms; or (G) normal preventive maintenance activities including, but not
limited to, seal changes; (4) handling and maintaining the propellants, unsymmetrical dimethyl
hydrazine and inhibited red-fuming nitric acid, used in the LANCE missile system; or (5) handling
and maintaining other toxic substances contained in missile or aircraft weapon system propellants
as determined by the Secretary concerned. The entitlement to the pay provided for in this
subsection is based upon the performance of such duty which has the potential for accidental or
inadvertent exposure to highly toxic fuels or propellants or related substances and not upon actual
quantifiable exposure to such substances. Therefore, neither this construction of the term nor the
receipt of the pay provided for in this subsection may be construed as indicating that any person
entitled to such pay has been actually exposed to highly toxic fuels or propellants or related
substances contrary to the provisions of any statute, Executive order, rule, or regulations relating
to health or safety which is applicable to the uniformed services.''.
Sec. 2. This order shall be effective as of October 1, 1981.
Ronald Reagan
The White House,
November 18, 1982.
[Filed with the Office of the Federal Register, 10:30 a.m., November 19, 1982]