[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23198-23200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10951]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0022]


Criteria for Preparation and Evaluation of Radiological Emergency 
Response Plans and Preparedness in Support of Nuclear Power Plants; 
NUREG-0654/FEMA-REP-1/Rev. 1 Supplement 4 and FEMA Radiological 
Emergency Preparedness Program Manual

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting 
comments on two documents: the proposed Supplement 4 (Supplement 4) to 
``Criteria for Preparation and Evaluation of Radiological Emergency 
Response Plans and Preparedness in Support of Nuclear Power Plants,'' 
NUREG-0654/FEMA-REP-1/Rev. 1 (NUREG-0654), and the proposed 
Radiological Emergency Preparedness Program Manual (the REPP Manual). 
NUREG-0654 is a joint document issued by the Nuclear Regulatory 
Commission (NRC) and FEMA that contains the Evaluation Criteria against 
which FEMA and the NRC measure the emergency preparedness plans of 
Nuclear Power Plant owners and operators and the State, local, and 
Tribal jurisdictions in which they sit. The REPP Manual provides 
additional implementation guidance for State, local, and Tribal 
jurisdictions.
    Supplement 4 revises and provides additional offsite requirements 
for emergency preparedness programs at the Nation's nuclear power 
plants, as well as requirements for backup means for alert and 
notification, and coordination between licensees and offsite 
responders. The REPP Manual consolidates all of the FEMA Radiological 
Emergency Preparedness Program's many operative guidance and policy 
documents into one location, and provides additional guidance on the 
proposed changes in Supplement 4.

DATES: Comments must be received on or before August 3, 2009.

ADDRESSES: The proposed Supplement 4 and the proposed REPP Manual are 
available online at http://www.regulations.gov. You may also view hard 
copies of these documents at the Office of Chief Counsel, Federal 
Emergency Management Agency, Room 835, 500 C Street, SW., Washington, 
DC 20472. You may submit comments on the proposed Supplement 4 and the 
proposed REPP Manual, identified by Docket ID FEMA-2008-0022, by one of 
the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include ``Docket ID FEMA-2008-0022'' 
in the subject line of the message.
    Fax: 703-483-2999.
    Mail/Hand Delivery/Courier: Regulation & Policy Team, Office of 
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C 
Street, SW., Washington, DC 20472.
    Instructions: All submissions received must include the agency name 
and Docket ID. Also, because FEMA is collecting comments on two 
documents in this docket, please also identify the document to which 
your comment applies. Regardless of the method used for submitting 
comments or material, all submissions will be posted, without change, 
to the Federal eRulemaking Portal at http://www.regulations.gov, and 
will include any personal information you provide. Therefore, 
submitting this information makes it public. You may wish to read the

[[Page 23199]]

Privacy Act notice that is available on the Privacy and Use Notice link 
on the Administration Navigation Bar of http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov, and search for Docket ID ``FEMA-2008-0022.'' 
Submitted comments may also be inspected at FEMA, Office of Chief 
Counsel, Room 835, 500 C Street, SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Craig Fiore, Deputy Chief, 
Radiological Emergency Preparedness Branch, Technological Hazards 
Division, National Preparedness Directorate, [email protected], (703) 
605-4218.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) is accepting comments on the proposed Supplement 4 to ``Criteria 
for Preparation and Evaluation of Radiological Emergency Response Plans 
and Preparedness in Support of Nuclear Power Plants,'' NUREG-0654/FEMA-
REP-1/Rev. 1 (Supplement 4), and the proposed Radiological Emergency 
Preparedness Program Manual (the REPP Manual). The substance of these 
proposed policies conforms to changes proposed in the Nuclear 
Regulatory Commission (NRC) Notice of Proposed Rulemaking entitled 
``Enhancements to Emergency Preparedness Regulations.'' The NRC 
rulemaking can be found on http://www.regulations.gov in Docket ID NRC-
2008-0122.

Supplement 4

    As part of the domestic licensing of commercial nuclear power 
plants (NPPs), FEMA and the NRC evaluate emergency preparedness 
activities at these facilities. Preparedness activities for a 
radiological incident at an NPP are an essential part of planning for 
communities that could be affected by such events. FEMA's role is to 
review and provide findings to the NRC on planning and preparedness 
activities of State, local, and Tribal governments, licensee emergency 
response organizations, if applicable, and other supporting 
organizations (collectively referred to as Offsite Response 
Organizations or OROs). FEMA performs this activity before the NRC 
issues a license to operate a NPP, as well as provides ongoing 
certifications that planning and preparedness efforts are effective and 
consistent with relevant regulatory guidelines. The NRC evaluates 
applicants for NPP site permits, construction permits, and operating 
licenses. As a part of that evaluation, the NRC reviews the onsite 
facility licensees' emergency plans and preparedness efforts.
    NPP licensees and OROs must show that they have plans in place that 
provide a reasonable assurance that adequate protective measures will 
be taken to protect public health and safety in the event of an 
incident at an NPP. The NRC evaluates the adequacy of the onsite plans 
and capabilities, and FEMA evaluates the adequacy of the offsite plans 
and capabilities by applying 16 planning standards. The planning 
standards are contained in FEMA regulations at 44 CFR 350.5 and NRC 
regulations at 10 CFR part 50 (including Appendix E).
    The NRC and FEMA have also developed a number of evaluation 
criteria that the agencies use to determine compliance with each of the 
16 planning standards. Those evaluation criteria are contained in 
NUREG-0654 which is incorporated by reference into FEMA's regulations 
at 44 CFR part 350, as well as contained in NRC regulations at 10 CFR 
part 50. As such, the criteria established in NUREG-0654 are binding 
upon both NPP licensees and the OROs responsible for offsite emergency 
preparedness planning in the areas surrounding the NPP.
    Supplement 4 adds to, and in limited situations revises, evaluation 
criteria contained in NUREG-0654. The changes in Supplement 4 are being 
proposed to address four emerging issues: (1) Preparing for and 
responding to hostile action-based (HAB) events at NPPs; (2) enhancing 
scenario realism and reducing negative training and pre-conditioned 
responses to exercise participants; (3) aligning the offsite 
Radiological Emergency Preparedness (REP) Program with the national 
preparedness initiatives under Homeland Security Presidential 
Directives 5 and 8; and (4) ensuring backup means are in place for 
alert and notification systems.
    As previously mentioned, NUREG-0654 is currently incorporated by 
reference into FEMA's regulations at 44 CFR part 350. Should Supplement 
4 become final, FEMA intends to update the incorporation by reference 
to include not only the original NUREG-0654, but also its supplements, 
including Supplement 4. In doing so, FEMA intends to make the substance 
proposed in Supplement 4 binding on OROs.

The REPP Manual

    The REPP Manual is intended to be the principal source of policy 
and guidance for FEMA's REP Program. The REPP Manual provides an 
overview along with additional guidance to aid ORO planners, 
responders, and emergency management professionals. This manual 
provides additional guidance with respect to the planning standards 
established in 44 CFR part 350 and the evaluation criteria contained in 
NUREG-0654 and its Supplements. The REPP Manual does not create new 
requirements or evaluation criteria.
    In August 2002, FEMA released a Draft REPP Manual for interim use 
by OROs, NPP licensees, FEMA Regional staff, the NRC, and other 
stakeholders in developing plans or assessing planning and preparedness 
in communities surrounding the Nation's NPPs. The document currently 
available for comment is an updated version of the REPP Manual. This 
document contains only proposed guidance, however, and it will not be 
effective until comments have been received and adjudicated by FEMA, 
and the final version has been published.
    The proposed REPP Manual incorporates and updates previously-issued 
FEMA Guidance Memoranda (GMs), policy memoranda, and some FEMA-REP 
series documents. The REPP Manual effectively retires these documents 
from use as independent resources. Guidance on specific technical areas 
and other REP Program documents that FEMA was unable to incorporate 
have been retained as ``technical references.'' The remaining stand-
alone FEMA-REP series documents and these technical references are 
listed in Appendix C and cited in the applicable parts of this proposed 
REPP Manual. The retired guidance documents are listed in Appendix D as 
a historical resource. To the greatest extent possible, FEMA will issue 
all future REP Program guidance as amendments to the applicable parts 
of the REPP manual.
    In updating the 2002 Draft REPP Manual, FEMA made important changes 
to both the language and the substance of the document. First, FEMA 
conducted a ``plain English'' review to produce a more easily 
understandable document by considering the audience's needs and 
avoiding unnecessary words, jargon, technical terms, and long and 
ambiguous sentences. Second, the new REPP Manual provides guidance on 
the integration of terms and concepts found in the National Incident 
Management System/Incident Command System and in the National Exercise 
Program, Homeland Security Exercise Evaluation Program (HSEEP). (Note: 
Because both HSEEP and REP are evolving programs, additional revisions 
and modifications may be necessary.) Further, the REPP

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Manual provides additional guidance on the new or revised evaluation 
criteria proposed in Supplement 4 and the NRC's proposed rulemaking.

    Authorities: FEMA proposes to issue the new REPP Manual, and 
FEMA and the NRC propose to issue Supplement 4 to NUREG-0654 under 
the authority of: Reorganization Plan No. 3 of 1978; Presidential 
Directive of Dec. 7, 1979; Executive Order 12148 ``Federal Emergency 
Management''; section 201 of the Disaster Relief Act of 1974, 42 
U.S.C. 5131, as amended by the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act, as amended (Pub. L. 93-288); Homeland 
Security Act of 2002, 6 U.S.C. 101 et seq., as amended by the Post 
Katrina Emergency Management Reform Act (Pub. L. 109-295); NRC 
Authorization Acts of 1980 (Pub. L. 96-295) and 1982-1983 (Pub. L. 
97-415); Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et 
seq.; Energy Reorganization Act of 1974, 42 U.S.C. 5801 et seq.; 
Energy Policy Act of 2005, 42 U.S.C. 15801 note; Homeland Security 
Presidential Directive 5: Management of Domestic Incidents; and 
Homeland Security Presidential Directive 8: National Preparedness; 
10 CFR part 50; 10 CFR part 50, Appendix E; 44 CFR part 350.

    Dated: May 5, 2009.
David Garratt,
Acting Deputy Administrator, Federal Emergency Management Agency.
[FR Doc. E9-10951 Filed 5-15-09; 8:45 am]
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