44 Cfr 352.4

Federal Emergency Management Agency, DHS
procedures for the submission of a licensee certification for Federal assistance under Executive Order 12657; (2)
set forth policies and procedures for
FEMA’s determination to accept, accept with modification, or reject the licensee certification; (3) establish a
framework for providing Federal assistance to licensees; and (4) provide
procedures for the review and evaluation of the adequacy of offsite radiological emergency planning and preparedness. Findings and determinations on offsite planning and preparedness made under this part are provided
to the NRC for its use in the licensing
process.
(c) This part applies only in instances
where Executive Order 12657 is used by
a licensee and its provisions do not affect the validity of the emergency preparedness developed by the licensee
independent of or prior to Executive
Order 12657.

Subpart A—Certifications and
Determinations
§ 352.3

Purpose and scope.

This subpart establishes policies and
procedures for submission by a commercial nuclear power plant licensee of
a certification for Federal assistance
under Executive Order 12657. It contains policies and procedures for
FEMA’s determinations, with respect
to a certification. It establishes a
framework for providing Federal assistance to licensees. It also provides
procedures for review and evaluation of
the adequacy of licensee offsite radiological emergency planning and preparedness.

kpayne on VMOFRWIN702 with $$_JOB

§ 352.4

Licensee certification.

(a) A licensee which seeks Federal assistance under this part shall submit a
certification to the host FEMA Regional Administrator that a decline or
fail situation exists. The certification
shall be in the form of a letter from the
chief executive officer of the licensee.
The contents of this letter shall address the provisions set forth in paragraphs (b) and (c) of this section.
(b) The licensee certification shall
delineate why such assistance is needed
based on the criteria of decline or fail

§ 352.5

for the relevant State or local governments.
(c) The licensee certification shall
document requests to and responses
from the Governor(s) or responsible
local official(s) with respect to the efforts taken by the licensee to secure
their participation, cooperation, commitment of resources or timely correction of planning and preparedness failures.
[54 FR 31925, Aug. 2, 1989, as amended at 74
FR 15357, Apr. 3, 2008]

§ 352.5 FEMA action on licensee certification.
(a) Upon receiving a licensee certification, the host Regional Administrator shall immediately notify FEMA
Headquarters of the licensee certification. Within 5 days the host Regional
Administrator shall notify the Governor of an affected State and the chief
executive officer of any local government that a certification has been received, and make a copy of the certification available to such persons. Within 10 days, the host Regional Administrator shall acknowledge in writing the
receipt of the certification to the licensee.
(b) Within 15 days of receipt of the
certification, the Regional Administrator shall publish a notice in the
FEDERAL REGISTER that a certification
from the licensee has been received,
and that copies are available at the Regional Office for review and copying in
accordance with 44 CFR 5.26.
(c) FEMA Headquarters shall notify
the NRC of receipt of the certification
and shall request advice from the NRC
on whether a decline or fail situation
exists.
(d) State and local governments may
submit written statements to the host
Regional Administrator outlining their
position as to the facts stated in the
letter of certification. Such statements
shall be submitted to FEMA within 10
days of the date of notification provided to State and local government
under § 352.5(a). Any such statements
shall be a part of the record and will be
considered in arriving at recommendations or determinations made under
the provisions of this part.
(e) The host FEMA Regional Office
shall provide, after consulting with

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