44 Cfr 350.3

§ 350.3

44 CFR Ch. I (10–1–19 Edition)

exposures could range in length from
hours to days.
(i) Ingestion Exposure Pathway refers
to exposure primarily from ingestion of
water or foods such as milk and fresh
vegetables that have been contaminated with radiation. The duration of
primary exposure could range from
hours to months.
(j) Full participation refers to an exercise in which: (1) State and local government emergency personnel are engaged in sufficient numbers to verify
the capability to respond to the actions
required by the accident scenario; (2)
the integrated capability to adequately
assess and respond to an accident at a
commercial nuclear power plant is
tested; and (3) the implementation of
the observable portions of State and/or
local plans is tested.
(k) Partial participation refers to the
engagement of State and local government emergency personnel in an exercise sufficient to adequately test direction and control functions for protective action decisionmaking related to
emergency action levels and communication capabilities among affected
State and local governments and the licensee.
(l) Remedial exercise is one that tests
deficiencies of previous joint exercise
that are considered significant enough
to impact on the public health and
safety.
(m) Local government refers to boroughs, cities, counties, municipalities,
parishes, towns, townships and other
local jurisdictions within the plume exposure pathway EPZ when any of these
entities has specific roles in emergency
planning and preparedness in the EPZ.
(n) Site refers to the location at
which there is one or more commercial
nuclear power plants. A nuclear power
plant is synonymous with a nuclear
power facility.

kpayne on VMOFRWIN702 with $$_JOB

§ 350.3

Background.

(a) On December 7, 1979, the President directed the Administrator of
FEMA to take the lead in State and
local emergency planning and preparedness activities with respect to nuclear power facilities. This included a
review of the existing emergency plans
both in States with operating reactors

and those with plants scheduled for operation in the near future.
(b) This assignment was given to
FEMA because of its responsibilities
under Executive Order 12148 to establish Federal policies for and coordinate
civil emergency planning, management
and assistance functions and to represent the President in working with
State and local governments and the
private sector to stimulate vigorous
participation in civil emergency preparedness programs. Under section 201
of the Disaster Relief Act of 1974 (42
U.S.C. 5131), and other statutory functions, the Administrator of FEMA is
charged with the responsibility to develop and implement plans and programs of disaster preparedness.
(c) There are two sections in the
NRC’s fiscal year 1982/1983 Appropriation Authorization (Pub. L. 97–415) that
pertain to the scope of this rule.
(1) Section 5 provides for the issuance
of an operating license for a commercial nuclear power plant by the NRC if
it is determined that there exists a
State, local or utility plan which provides assurance that public health and
safety is not endangered by the operation of the facility. This section
would allow the NRC to issue an operating license for such plants without
FEMA-approved State and local government plans.
(2) Section 11 provides for the
issuance of temporary licenses for operating a utilization facility at a specific power level to be determined by
the Commission, pending final action
by the Commission on the application.
Also, this section authorizes the NRC
to issue temporary operating licenses
for these facilities without the completion of the required (NRC) Commission
hearing process. A petition for such a
temporary license may not be filed
until certain actions are completed including the submission of a State, local
or utility emergency response plan for
the facility.
(d) To carry out these responsibilities, FEMA is engaged in a cooperative effort with State and local governments and other Federal agencies in
the development of State and local
plans and preparedness to cope with

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Federal Emergency Management Agency, DHS
the offsite effects resulting from radiological emergencies at commercial nuclear power facilities. FEMA developed
and published the Federal Radiological
Emergency Response Plan 50 FR 46542
Nov. 8, 1985, to provide the overall support to State and local governments,
for all types of radiological incidents
including those occurring at nuclear
power plants.
(e) FEMA has entered into a Memorandum of Understanding (MOU) with
the NRC to which it will furnish assessments, findings and determinations as
to whether State and local emergency
plans and preparedness are adequate
and continue to be capable of implementation (e.g., adequacy and maintenance of procedures, training, resources, staffing levels and qualification and equipment adequacy). These
findings and determinations will be
used by NRC under its own rules in
connection with its licensing and regulatory requirements and FEMA will
support its findings in the NRC licensing process and related court proceedings.
(f) Notwithstanding the procedures
set forth in these rules for requesting
and reaching a FEMA administrative
approval of State and local plans, findings and determinations on the current
status of emergency preparedness
around particular sites may be requested by the NRC and provided by
FEMA for use as needed in the NRC licensing process. These findings and determinations may be based upon plans
currently available to FEMA or furnished to FEMA by the NRC through
the NRC/FEMA Steering Committee.
(g) An environmental assessment has
been prepared on which FEMA has determined that this rule will not have a
significant impact on the quality of the
human environment.

kpayne on VMOFRWIN702 with $$_JOB

[48 FR 44335, Sept. 28, 1983, as amended at 51
FR 34606, Sept. 30, 1986]

§ 350.4 Exclusions.
The regulation in this part does not
apply to, nor will FEMA apply any criteria with respect to, any evaluation,
assessment or determination regarding
the NRC licensee’s emergency plans or
preparedness, nor shall FEMA make
any similar determination with respect
to the integration of offsite and NRC

§ 350.5

licensee emergency preparedness except as these assessments and determinations affect the emergency preparedness of State and local governments. The regulation in this part applies only to State and local planning
and preparedness with respect to emergencies at commercial nuclear power
facilities and does not apply to other
facilities which may be licensed by
NRC, nor to United States Government-owned, non-licensed facilities nor
the jurisdictions surrounding them.
§ 350.5 Criteria for review and approval of State and local radiological emergency plans and preparedness.
(a) Section 50.47 of NRC’s Emergency
Planning Rule (10 CFR parts 50 (appendix E) and 70 as amended) and the joint
FEMA–NRC 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, November
1980) which apply insofar as FEMA is
concerned to State and local governments, are to be used in reviewing,
evaluating and approving State and
local radiological emergency plans and
preparedness and in making any findings and determinations with respect
to the adequacy of the plans and the
capabilities of State and local governments to implement them. Both the
planning and preparedness standards
and related criteria contained in
NUREG–0654/ FEMA–REP–1, Rev. 1 are
to be used by FEMA and the NRC in reviewing and evaluating State and local
government radiological emergency
plans and preparedness. For brevity,
only the planning standards contained
in NUREG–0654/ FEMA–REP–1, Rev. 1
are presented below.
(1) Primary responsibilities for emergency response by the nuclear facility
licensee, and by State and local organizations within the Emergency Planning Zones have been assigned, the
emergency responsibilities of the various supporting organizations have
been specifically established and each
principal response organization has
staff to respond to and augment its initial response on a continuous basis.
(2) On-shift facility licensee responsibilities for emergency response are

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