44 Cfr 350.14

§ 350.13

44 CFR Ch. I (10–1–19 Edition)

of a State plan, any interested person
may appeal the decision of the Deputy
Administrator for the National Preparedness Directorate to the Administrator; however, such an appeal must
be made solely upon the ground that
the Deputy Administrator for the National Preparedness Directorate’s decision, based on the available record, was
unsupported by substantial evidence.
(See § 350.15 for appeal procedures.)

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§ 350.13

Withdrawal of approval.

(a) If, at any time after granting approval of a State plan, the Deputy Administrator for the National Preparedness Directorate determines, on his or
her own initiative, motion or on the
basis of information another person
supplied, that the State or local plan is
no longer adequate to protect public
health and safety by providing reasonable assurance that appropriate protective measures can be taken, or is no
longer capable of being implemented,
he or she shall immediately advise the
Governor of the affected State, through
the appropriate Regional Administrator and the NRC of that initial determination in writing. FEMA shall
spell out in detail the reasons for its
initial determination, and shall describe the deficiencies in the plan or
the preparedness of the State. If, after
four months from the date of such an
initial determination, the State in
question has not either:
(1) Corrected the deficiencies noted,
or (2) submitted an acceptable plan for
correcting those deficiencies, the Deputy Administrator for the National
Preparedness Directorate shall withdraw approval and shall immediately
inform the NRC and the Governor of
the affected State, of the determination to withdraw approval and shall
publish in the FEDERAL REGISTER and
the local newspaper having the largest
daily circulation in the affected State
notice of its withdrawal or approval.
The basis upon which the Deputy Administrator for the National Preparedness Directorate makes the determination for withdrawal of approval is the
same basis used for reviewing plans and
exercises, i.e., the planning standards
and related criteria in NUREGO654/
FEMA/REP–1, Rev. 1.

(b) In the event that the State in
question shall submit a plan for correcting the deficiencies, the Deputy
Administrator for the National Preparedness Directorate shall negotiate a
schedule and a timetable under which
the State shall correct the deficiencies.
If, on the agreed upon date, the deficiencies have been corrected, the Deputy Administrator for the National
Preparedness Directorate shall withdraw the initial determination and the
approval previously granted shall remain valid. He or she shall inform the
Governor(s), the NRC, the pertinent
Regional Administrator(s) and notify
the public as stated in paragraph (a) of
this section. If, however, on the agreed
upon date, the deficiencies are not corrected, FEMA shall withdraw its approval and shall communicate its decision to the Governor of the State
whose plan is in question, the NRC, the
appropriate Federal agencies and notify the public as indicated above.
(c) Within 30 days after the date of
notification of withdrawal of approval
of a State or local plan, any interested
person may appeal the decision of the
Deputy Administrator for the National
Preparedness Directorate to the Administrator; however, such an appeal
must be made solely upon the ground
that the Deputy Administrator for the
National Preparedness Directorate’s
decision, based on the available record,
was unsupported by substantial evidence. (See § 350.15 for appeal procedures.)
§ 350.14 Amendments to State plans.
(a) The State may amend a plan submitted to FEMA for review and approval under § 350.7 at any time during
the review process or may amend a
plan at any time after FEMA approval
has been granted under § 350.12. A State
must amend its plan in order to extend
the coverage of the plan to any new nuclear power facility which becomes
operational after a FEMA approval or
in case of any other significant change.
The State plan shall remain in effect as
approved while any significant change
is under review.
(b) A significant change is one which
involves the evaluation and assessment
of a planning standard or which involves a matter which, if presented

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Federal Emergency Management Agency, DHS

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with the plan, would need to have been
considered by the Deputy Administrator for the National Preparedness
Directorate in making a decision that
State or local plans and preparedness
are:
(1) Adequate to protect the health
and safety of the public living in the
vicinity of the nuclear power facility
by providing reasonable assurance that
appropriate protective measures can be
taken offsite in the event of a radiological emergency; and
(2) Capable of being implemented.
(c) A significant change will be processed in the same manner as if it were
an initial plan submission. However,
the Regional Administrator may determine that certain procedures, such as
holding a public meeting or a complete
exercise, would be unnecessary. The existing FEMA approval shall remain in
effect while any significant changes
are under review.
(d) Changes, such as a change in a
telephone number, that are not significant as defined in paragraphs (b) and
(c) of this section, but are necessary to
maintain currency of the plan, should
be forwarded to the Regional Administrator.
§ 350.15 Appeal procedures.
(a) Any interested person may appeal
a decision made under §§ 350.12 and
350.13 of this part, by submitting to the
Administrator, FEMA, a written notice
of appeal, within 30 days after the appearance in the FEDERAL REGISTER, of
the notice of decision relating to the
matter being appealed. The appeal
must be addressed to the Administrator, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC, 20472. The appeal letter
shall state specific reasons for the appeal and include an offer to provide
documentation supporting appellate
arguments.
(b) Upon receipt of an appeal, the Administrator or the Administrator’s designee shall review the file, as submitted to the Deputy Administrator
for the National Preparedness Directorate, by the Regional Administrator
of the FEMA Region concerned, based
on the information contained in the
file and the appeal letter, with supporting documentation. The Adminis-

Pt. 351

trator or the Administrator’s designee
shall decide whether or not the Associate Director’s initial decision was
supported by substantial evidence in
the file and is consistent with FEMA
policy.
(c) The decision of the Administrator
or the Administrator’s designee shall
be published in the FEDERAL REGISTER
as the final agency decision on the
matter and shall not be reviewable
within FEMA, except upon a showing
that it was procured by fraud or misrepresentation. In addition to publication in the FEDERAL REGISTER, copies
of the decision shall be forwarded to
the appellant, the Governor(s) of the
State(s) affected, the NRC and the affected licensee of the involved power
facility.

PART 351—RADIOLOGICAL EMERGENCY PLANNING AND PREPAREDNESS
Subpart A—General
Sec.
351.1
351.2
351.3

Purpose.
Scope.
Limitation of scope.

Subpart B—Federal Radiological Preparedness Coordinating Committee and Regional Assistance Committees
351.10
351.11

Establishment of committees.
Functions of committees.

Subpart C—Interagency Assignments
351.20 The Federal Emergency Management
Agency.
351.21 The Nuclear Regulatory Commission.
351.22 The Environmental Protection Agency.
351.23 The Department of Health and
Human Services.
351.24 The Department of Energy.
351.25 The Department of Transportation.
351.26 The United States Department of Agriculture.
351.27 The Department of Defense.
351.28 The Department of Commerce.
AUTHORITY: 5 U.S.C. 552, Reorganization
Plan No. 3 of 1978, E.O. 12127, E.O. 12148, E.O.
12241; Presidential Directive of Dec. 7, 1979.
SOURCE: 47 FR 10759, Mar. 11, 1982, unless
otherwise noted.

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