[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72431-72433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29733]


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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, Supplement 4 and FEMA Radiological Emergency 
Preparedness Program Manual

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is issuing two 
final guidance documents: 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, Revision 1 (NUREG-0654), and the Radiological Emergency Preparedness 
Program Manual (the REP Program Manual). Supplement 4 is a joint 
document issued by FEMA and the Nuclear Regulatory Commission (NRC) 
that contains the evaluation criteria against which FEMA and the NRC 
measure the emergency preparedness plans of nuclear power plant owners, 
operators and the State, local, and Tribal jurisdictions in which they 
reside. The REP Program Manual is intended to be the principal source 
of policy and 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 REP Program 
Manual consolidates many of the REP Program's operative guidance and 
policy documents into one location, and

[[Page 72432]]

provides additional guidance on Supplement 4 criteria. FEMA is also 
providing the public comment adjudication matrix for the REP Program 
Manual and Supplement 4.

DATES: Supplement 4 and the REP Program Manual are effective December 
23, 2011.

ADDRESSES: Supplement 4, the REP Program Manual, and the public comment 
adjudication matrix are available online at www.regulations.gov under 
docket ID FEMA-2008-0022. 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.

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

SUPPLEMENTARY INFORMATION: FEMA is issuing Supplement 4 and the REP 
Program Manual for implementation. These documents conform to changes 
in the NRC's emergency preparedness regulations, which are also 
effective December 23, 2011 and published in the Federal Register. The 
docket for the NRC rulemaking, Enhancements to Emergency Preparedness 
Regulations, RIN 3150-AI10, can be viewed on www.regulations.gov under 
Docket ID NRC-2008-0122.
    FEMA published a notice of availability for the REP Program Manual 
and Supplement 4 on May 18, 2009, at 74 FR 23198. The original comment 
period was scheduled to conclude on August 3, 2009. After the May 18, 
2009 publication of the notice of availability, FEMA and the NRC 
received several comments requesting that the period be extended beyond 
the original 75-day comment period. These requests suggested a range of 
more appropriate comment periods, lasting from 150 to 180 days. Various 
organizations cited the voluminous material put forth by the agencies 
for comment.
    Because the proposed regulatory amendments and guidance documents 
cover many legal, regulatory, and policy matters that may require a 
time consuming review by licensees and their offsite counterparts, FEMA 
and the NRC determined that it was in the interest of all parties to 
extend the comment period to October 19, 2009. (74 FR 27557, June 10, 
2009).
    From June 2 through June 23, 2009, FEMA and the NRC jointly hosted 
a series of public meetings in various cities throughout the country. 
(74 FR 26418, June 2, 2009).

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 and 
preparing for communities that could be affected by an incident at the 
facility. 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 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. FEMA evaluates the adequacy of the offsite plans 
and capabilities through the 16 planning standards that are contained 
in FEMA regulations at 44 CFR 350.5 and NRC regulations at 10 CFR part 
50.
    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 referred to in FEMA's regulations at 44 CFR 350.5, 
as well as in NRC regulations at 10 CFR part 50.
    Supplement 4 provides additional guidance for the development, 
review, and evaluation of offsite radiological emergency response 
planning and preparedness surrounding the Nation's commercial NPPs. It 
addresses four emerging issues: (1) Aligning the offsite REP Program 
with national preparedness initiatives under Homeland Security 
Presidential Directives (HSPD) 5 and Presidential Policy Directive 
(PPD) 8; (2) preparing for and responding to hostile action-based (HAB) 
incidents at NPPs; (3) enhancing scenario realism and reducing negative 
training and pre-conditioned responses of exercise participants; and 
(4) ensuring backup means are in place for alert and notification 
systems. In addition, Supplement 4 revises and adds evaluation criteria 
and revises Appendix 3 of NUREG-0654. Although licensees and applicants 
may consult Supplement 4 for informational purposes, this supplement 
provides guidance to OROs with respect to preparing offsite plans and 
conducting exercises in a manner that will be found acceptable to FEMA 
and the NRC. Any requirements and guidance for licensees and applicants 
on the issues addressed in Supplement 4 are contained in NRC 
regulations in 10 CFR part 50 and NRC NSIR/DPR-ISG-01, Interim Staff 
Guidance, Emergency Planning for Nuclear Power Plants, respectively.

The REP Program Manual

    The REP Program Manual provides guidance that interprets the 
planning standards and evaluation criteria contained in NUREG-0654 and 
44 CFR part 350. This guidance provides additional detail to OROs in 
the vicinity of commercial NPPs on what FEMA expects OROs to include in 
their radiological emergency response plans. This manual also provides 
the assessment criteria that FEMA uses to evaluate the ability of the 
ORO communities to implement radiological emergency response plans. 
Lastly, this manual provides additional information and guidance to aid 
FEMA staff and OROs in performing the various functions under the REP 
Program (e.g., checklists, templates, references, etc.).
    In August 2002, FEMA released an Interim REP Program Manual for use 
by OROs, nuclear power plant licensees, FEMA Regional staff, the NRC, 
and other stakeholders in developing plans or assessing planning and 
preparedness in communities surrounding the Nation's NPPs. In updating 
the 2002 Interim REP Program 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 REP Program Manual provides 
guidance on the integration of contemporary national preparedness terms 
and concepts found in the National Incident Management System (NIMS)/
Incident Command System (ICS) and the National Exercise Program, 
Homeland Security Exercise Evaluation Program

[[Page 72433]]

(HSEEP). Further, the REP Program Manual provides additional guidance 
on the new or revised evaluation criteria proposed in Supplement 4 and 
the NRC's rulemaking. Because contemporary national preparedness terms 
and concepts are evolving, additional future revisions and 
modifications may be necessary to the REP Program Manual.
    The REP Program Manual is divided into four main sections and 
includes additional appendices. Part I serves as an introduction and 
overview of the REP Program. It provides the history and establishment 
of the REP Program, a description of the review process, and the 
technical basis for the program. This section intends to provide a base 
knowledge about the program as well as a description of how the current 
program operates through a synopsis of the program's evolution since 
its inception.
    Part II contains the NUREG-0654 planning standards and evaluation 
criteria, along with expansive explanations and guidance on materials 
to be included in ORO plans/procedures. This is a new section of the 
manual that clarifies but does not exceed the regulation nor does it 
replace 44 CFR part 350 or NUREG-0654 and is solely meant to provide 
guidance.
    Part III discusses the Homeland Security Exercise and Evaluation 
Program (HSEEP) process and provides specific guidance unique to the 
design, development, conduct, evaluation, and improvement planning 
associated with REP exercise activities. This guidance is intended for 
use by REP controllers, evaluators, contractors, and any Federal, 
State, Tribal, or local agencies responsible for planning, preparing, 
and executing exercises that are used to validate REP Program 
requirements. This section provides licensee partners with guidelines 
regarding how the Federal government will coordinate exercise 
activities in conjunction with the REP Program.
    Part IV is comprised of supporting reference documentation, where 
specific information is found in support of the program. It includes 
information on potassium iodide and disaster initiated reviews, 
scenario reviews, plan reviews, the Annual Letter of Certification 
(ALC), and other topics.
    The appendices include acronyms, a glossary, historical REP 
references (active and retired), plant site identifier numbers and the 
Target Capabilities List.
    The REP Program Manual incorporates and updates previously-issued 
FEMA Guidance Memoranda (GMs), policy memoranda, and some FEMA-REP 
series documents. The REP Program 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 REP Program 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 REP Program Manual.

    Authorities:  DHS/FEMA issues the new REP Program Manual, and 
FEMA and the NRC jointly 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, Pub. L. 100-707, 102 Stat. 4689 
(1988); Homeland Security Act of 2002, (Pub. L. 107-296) 6 U.S.C. 
101 et seq.; 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 (Pub. L. 
93-438), 42 U.S.C. 5801 et seq.; Energy Policy Act of 2005 (Pub. L. 
109-58), 42 U.S.C. 15801 note; Homeland Security Presidential 
Directive 5: Management of Domestic Incidents; and Presidential 
Policy Directive 8: National Preparedness; 10 CFR part 50; 10 CFR 
part 50, Appendix E; and 44 CFR parts 350--354.

    Dated: November 7, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-29733 Filed 11-22-11; 8:45 am]
BILLING CODE 9110-21-P