44 CFR Part 352 Only (with relevant paragraphs highlighted in yellow)

US COVERNMEN 9
INFORMATION

GPO

§351.27

44 CFR Ch. I ( 10-1-11 Edition)

State and local radiological emergency
personnel.
(f) Provide representation to and support for the FRPCC and the RACs.
§ 351.27

The Department of Defense.

(a) Determine appropriate planning
bases for Department of Defense (DOD)
nuclear facilities and installations
(e.g., missile bases, nuclear submarine
facilities and weapon storage sites) including distances, time and radiological characteristics.
(b) Develop, with FEMA. representative scenarios from which DOD nuclear
facility commanders and State and
local governments may select for use
in testing and exercising radiological
emergency plans.
(c) Assist State and local governments, within the constraints of national security and in coordination
with FEMA, in the development, review and assessment of those portions
of their radiological emergency plans
related to DOD nuclear facilities and
assist State officials with planning for
response to accidents involving DOD
controlled radioactive materials in
transit.
(d) Provide representation to and
support for the FRPCC and the RACs
when appropriate.
§ 351.28

The Department of Commerce.

(a) Assist State and local governments in determining their requirements
for
meteorological
and
hydrological services for radiological
emergencies and assist State and local
governments in preparing to meet
these requirements within the limits of
available resources.
(b) Assist FEMA in developing and
promulgating guidance to State and
local governments for the preparation
of radiological emergency plans.
(c) Participate with FEMA in assisting State and local governments in developing their radiological emergency
plans, evaluating exercises to test
plans and evaluating the plans and preparedness.
(d) Assist FEMA with the development, implementation and presentation to the extent that resources permit of technical training for State and
local
officials
in
the
use
of

meterological information in responding to radiological emergencies.
(e) Provide representation to and
support for the FRPCC and the RACs.
(f) Assist FEMA in the development
of guidance for State and local governments on the exposure and location of
emergency instrumentation systems
for radiation detection and measurement.
(g) The Federal Coordinator for Meteorological Services and Supporting
Research will, consistent with the provisions of the Office of Management
and Budget Circular A-62, serve as the
coordinating agent for any multiagency meteorological aspects of assisting State and local governments in
their radiological emergency planning
and preparedness.

PART
352-COMMERCIAL
NUCLEAR POWER PLANTS: EMERGENCY PREPAREDNESS PLANNING
Sec.
352.1 Definitions.
352.2 Scope, purpose and applicability.

Subpart A-Certifications and
Determinations
352.3 Purpose and scope.
352.4 L icensee certification.
352.5 FEMA action on licensee certification.
352.6 FEMA determination on the commitment of Federal facilities and resources .
352.7 Review and evaluation.

Subpart B-Federal Participation
352.20 Purpose a nd scope.
352.21 Parti cipating Federal agencies.
352 .22 Functions of the Federal Radiological
Preparedness Coordinating Committee
(FRPCC ).
352.23 Functions of a Regional Assistance
Committee (RAC).
352 .24 Provision of technical assistance and
Federal facilities and resources .
352.25 Limitation on committing Federal
facilities and resources for emergency
preparedness.
352.26 Arrangements for Federal response in
the licensee offsite emergency response
plan.
352.27 Federal role in the emergency response.
352.28 Reimbursemen t.
352.29 Appeal process.
AUTHORITY: Federal Civil Defense Act of
1950, as amended (50 U.S.C. app. 2251 et seq .; )

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Federal Emergency Management Agency, OHS
Robert T. Stafford Disaster Relief and Emergency Assistance Act. 42 U.S.C . 5121 et seq.; 31
U.S.C. 9701; Executive Order 12657; Execu tive
Order 12148; Exec u tive Order 12127 and Executive Order 12241.
SOURCE: 54 FR 31925, Aug. 2, 1989, unless
otherwise noted.
§ 352.1

D efinitions.

As used in this part, the following
terms and concepts are defined:
(a) Deputy Administrator means the
Deputy Administrator, National Preparedness Directorate, FEMA or designee.
(b) Administrator means the Administrator, FEMA or designee.
(c) EPZ means Emergency Planning
Zone.
(d) FEMA means the Federal Emergency Management Agency.
(e) NRG means the Nuclear Regulatory Commission.
(f) Regional Administrator means the
Regional Administrator of FEMA or
designee.
(g) Local government means boroughs,
cities, counties, municipalities, parishes, towns , townships or other local
jurisdictions within the plume and ingestion exposure pathway EPZs that
have specific roles in emergency planning and preparedness.
(h) Decline or fail means a situation
where State or local governments do
not partici pate in preparing offsite
emergency plans or have significant
pla n ning or preparedness inadequacies
and have not demonstrated the commitment or capabilities to correct
those inadequacies in a timely manner
so as to satisfy NRC licensing requirements .
(i) Governor means the Governor of a
State or his/her designee.
(j) Certification means the written
justification by a licensee of the need
for Federal compensatory assistance.
This certification is required to activate the Federal assistance under this
part.
(k) Responsible local official means the
highest elected official of an appropriate local government.
(1) Technical assistance means services
provided by FEMA and other Federal
agencies to facilitate offsi te radiological emergency planning and preparedness such as: P rovision of support
for the preparation off si te radiological

§352.2

emergency response plans and procedures; FEMA coordination of services
from other Federal agencies; provision
and interpretation of Federal guidance;
provision of Federal and contract personnel to offer advice and recommendations for specific aspects of
preparedness such as alert and notification and emergency public information.
(m )

Federal facilities

and

resources

means personnel. property (land, buildings, vehicles, equipment) , and operational capabilities controlled by the
Federal government related to establishing and maintaining radiological
emergency response preparedness.
(n ) Licensee means the utility which
has applied for or has received a license
from the NRC to operate a commercial
nuclear power plant.
(o) Reimbursement means the payment
to FEMA/Federal agencies, jointly or
severally, by a licensee and State and
local governments for assistance and
services provided in processing certifications and implementing Federal
compensatory assistance under this
part 352.
(p) H ost FEMA Regional Office means
the FEMA Regional Office that has primary jurisdiction by virtue of the nuclear power plant being located within
its geographic boundaries.
(q) Command and control means making and issuing protec tive action decisi ons and directing offsite emergency
response resources , agencies, and activities .
§ 352.2

Scope, purpose and applicability.
(a) This part applies whenever State
or local governments, either individually or together, decline or fail to prepare commercial nuclear power plant
offsite radiological emergency preparedness plans that are sufficient to
satisfy NRC licensing requirements or
to participate adequately in the preparation, demonstration, testing, exercise, or use of such plans . In order to
request the assistance provided for in
this part, an affected nuclear power
plant applicant or licensee shall certify
in writing to FEMA that the above situation exists.
(b) The purposes of this part are as
fo llows: (1) To establish policies and

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44 CFR Ch. I (10-1-11 Edition)

§352.3
procedures for the submission of a licensee certification for Federal assistance under Executive Order 12657: (2)
set forth policies and procedures for
F EMA 's determination to accept, accept with modification, or reject the licensee certification; (3) establish a
fram ework 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 .
§ 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

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 consul ting with

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Federal Emergency Management Agency, OHS
State and responsible local officials, a
recommended determination on whether a decline or fail situation exists to
the FEMA Deputy Administrator for
the National Preparedness Directorate
within 30 days of receipt of the licensee
certification.
(f) The FEMA Deputy Administrator
for the National Preparedness Directorate shall make a determination on
whether a decline or fail situation exists within 45 days of receipt of the licensee certification and shall advise
the licensee , NRC, and State and local
officials.
(g) The times for actions set out
above may be extended up to an aggregate of 30 days by the host Regional
Administrator or Deputy Administrator for the National Preparedness
Directorate , as appropriate.
§ 352.6

FEMA determination on the
commitment of Federal facilities
and resources.

(a ) A licensee request for Federal facilities and resources shall document
the licensee's maximum feasible use of
its resources and its efforts to secure
the use of State and local government
and volunteer resources.
(b) Upon a licensee request for Federal facilities and resources. FEMA
headquarters shall notify NRC and request advice from the NRC as to
whether the licensee has made maximum use of its resources and the extent to which the licensee has complied
with 10 CFR 50.47(c)(l). The host FEMA
Regional Administratorshall make a
recommendation to the FEMA Deputy
Administrator for the National Preparedness Directorate on whether the
provision of these facilities and resources is warranted. The FEMA Deputy Administrator for the National
Preparedness Directorate shall make a
final determination as to whether Federal facilities and resources are needed.
(c) In making the determination
under paragraph (b) of this section ,
FEMA:
(1) Shall work actively with the licensee, and before relying upon any
Federal resources, shall make maximum feasible use of the licensee's own
resources, which may include agreements with volunteer organizations

§352.20

and other government entities and
agencies; and
(2) Shall assume that , in the event of
an actual radiological emergency or
disaster, State and local authorities
would contribute their full resources
and exercise their authorities in accordance with their duties to protect
the public and would act generally in
conformity with the licensee 's radiological emergency preparedness plan.
(d) The FEMA Deputy Administrator
for the National Preparedness Directorate shall make a determination on
the need for and commitment of Federal facilities and resources. The
FEMA determination shall be made in
consultation with affected Federal
agencies and in accordance with 44
CFR 352.21. FEMA shall inform the licensee, the States and affected local
governments in writing of the Federal
support which will be provided. This information shall identify Federal agencies that are to provide Federal support, the extent and purpose of the support to be provided, the Federal facilities and resources to be committed and
the limitations on their use. The provision of the identified Federal support
shall be made under the policies and
procedures of subpart B of this part.
§ 352.7

Review and e valuation.

FEMA shall conduct its activities
and make findings under this part in a
manner consistent with 44 CFR part 350
to the extent that those procedures are
appropriate and not inconsistent with
the intent and procedures required by
E.O . 12657. This Order shall take precedence, and any inconsistencies shall be
resolved under the procedures in the
NRC/FEMA Memorandum of Understanding (MOU) on planning and preparedness . (50 FR 15485, April 18, 1985)

Subpart B-Federal Participation
§ 352.20

Purpose and scope .

This subpart establishes policy and
procedures for providing support for
offsi te radiological emergency planning and preparedness in a situation
where Federal support under Executive
Order 12657 (E .O. 12657) has been requested. This subpart:
(a ) Describes the process for providing Federal technical assistance to

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44 CFR Ch. I (10-1-11 Edition)

§352.21

the licensee for developing its offsite
emergency response plan after an affirmative determination on the licensee certification un der subpart A (44
CFR 352.5(f));
(b) Describes the process for providing Federal facilities and resources
to the licensee after a determination
under subpart A (44 CFR 352.6(d)) that
Federal resources are required;
(c) Descr ibes the principal response
functions which Federal agencies may
be called upon to provide ;
(d) Describes the process for allocating responsibilities among Federal
agencies for planning site-specific
emergency response functions; and
(e) Provides for the participation of
Federal agencies. including the members of the FRPCC and the RACs.
§ 352.21

Participating Federal agen·
cies.
(a) FEMA may call upon any Federal
agency to participate in planning for
the use of Federal facilities and resources in the licensee offsi te emergency response plan.
(b) F EMA may call upon the following agencies, and others as needed,
to provide Federal technical assistance
and Federal facilities and resources:
( 1) Department of Commerce;
(2) Department of Defense;
(3) Departm ent of Energy;
(4) Department of Health and Human
Services;
(5) Department of Housing and Urban
Development;
(6) Department of the Interior;
(7) Department of Transportation;
(8) Environmental Protection Agency;
(9) Federal Communications Commission;
(10) General Services Administration ;
(11) National Communications System;
(12) Nuclear Regulatory Commission;
(13) United States Department of Agriculture ; and
(14) Department of Veterans Affairs.
(c) FEMA is the Federal agency primarily responsible for coordinating
Federal assistance. FEMA may enter
into Memorandums of Understanding
(MOU) and other instruments with
Federal agencies to provide technical
assistance and to arrange for the com-

mitment and utilization of Federal facilities and resources as necessary.
FEMA also may use a MOU to delegate
to another Federal agency, with the
consent of that agency, any of the
functions and duties assigned to
FEMA. Following review and approval
by OMB, FEMA will publish such documents in the FEDERAL REGISTER.
§ 352.22

Functions of the Federal Radiological Preparedness Coordinating
Committee (FRPCC).
Under 44 CFR part 351, the role of the
FRPCC is to assist FEMA in providing
policy direction for the program of
technical assistance to State and local
governments in their radiological
emergency planning and preparedness
activities. Under this subpart, the role
of the FRPCC is to provide advice to
FEMA regarding Federal assistance
and Federal facilities and resources for
implementing subparts A and B of this
part . This assistance activity is extended to licensees. The FRPCC will
assist FEMA in revising the Federal
Radiological Emergency Response Plan
(FRERP).
§ 352.23

Functions of a Regional Assistance Committee (RAC ).
(a) Under 44 CFR part 351, the role of
a RAC is to assist State and local government officials to develop their radiological emergency plans, to review
the plans, and to observe exercises to
evaluate the plans. Under subparts A
and B of this part , these technical assistance activities are extended to the
licensee.
(b) Prior to a determination under
subpart A (44 CFR 352.6(d)) that Federal facilities and resources are needed ,
the designated RAC for the specific site
will assist the licensee, as necessary, in
evaluating the need for Federal facilities and resources, in addition to providing technical assistance under
§ 352.23(a).
(c) In accomplishing the foregoing,
the RAC will use the standards and
evaluation criteria in NUREG--0654/
FEMA-R EP-1 , Rev . 1 and Supp. 1. 1 or
approved alternative approaches, and
1 Copy available from FEMA Distribution
Center, P .O. Box 70274 Washington , DC 20024

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Federal Emergency Management Agency, DHS
RAC members shall render such technical assistance as appropriate to their
agency mission and expertise.
(d) Following determination under
subpart A (44 CFR 352.6(d)) that Federal facilities and resources are needed,
the RAC will assist FEMA in identifying agencies and specifying the Federal facilities and resources which the
agencies are to provide.
§ 352.24

Provision of technical assistance and Federal facilities and resources .

(a) Under a determination under subpart A (44 CFR 352.5(f) and 352.4(e)) that
a decline or fail situation exists, FEMA
and other F ederal agencies will provide
technical assistance to the licensee.
Such assistance may be provided during the pendency of an appeal under
§ 352.29 .
(b) The applicable criteria for the use
of Federal facilities and resources are
set forth in subpart A (44 CFR
352.6(c)(1)(2)). Upon a determination
under subpart A (44 CFR 352.6(d)) that
Federal resources or facilities will be
required, FEMA will consult with the
FRPCC, the RAC, the individual Federal agencies, and the licensee , to determine the extent of Federal facilities
and resources that the government
could provide, and the most effective
way to do so. After su ch consultation,
FEMA will specifically request Federal
agencies to provide those Federal facilities and resources. The Federal
agencies, in turn, will respond to confirm the availability of such facilities
and resources and pr ovide estimates of
their costs.
(c) FEMA will inform the licensee in
writing of the Federal support which
will be provided. This information will
identify Federal agencies which are to
be included in the plan , the extent and
purpose of technical assistance to be
provided and the Federal facilities and
resources to be committed, and the
limitations of their use. The information will also describe the requirements for reimbursement to the Federal Government for this support.
(d) FEMA will coordinate the Federal
effort in implementing the determinations made under subpart A (44 CFR
352.5(f) and 352.6(d)) so that each Federal agency maintains the committed

§352.26

technical assistance, facilities , and resources after the licensee offsite emergency response plan is completed.
FEMA and other Federal agencies will
participate in training, exercises, and
drills, in support of the licensee offsite
emergency response plan.
(e) In carrying out paragraphs (a)
through (c) of this section, FEMA will
keep affected State and local governments informed of actions taken.
(54 FR 31925, Aug. 2, 1989, as amended at 74
FR 15357 , Apr. 3, 2009)

§ 352.25

Limitation on committing Federal facilities and resources for
eme rgency prepare dness.

(a) The commitment of Federal facilities and resources will be made
through the authority of the affected
Federal agencies.
(b) In implementing a determination
under subpart A (44 CFR 352.6(d)), that
Federal facilities and resources are
necessary for emergency preparedness,
FEMA shall take care not to supplant
State and local resources . Federal facilities and resources shall be substituted for those of the State and
local governments in the licensee offsite emergency response plan only to
the extent necessary to compensate for
the nonparticipation or inadequate
participation of those governments,
and only as a last resort after consultation with the Governor(s) and responsible local officials in the affected
area(s) regarding State and local participation.
(c) All Federal planning activities described in this subpart will be conducted under the assumption that, in
the event of an actual radiological
emergency or disaster, State and local
authorities would contribute their full
resources and exercise their authorities
in accordance with their duties to protect the public from harm and would
act, generally, in conformity with the
licensee ·s offsite emergency response
plan.
§ 352.26

Arrangements for Federal re sponse in the licensee offsite emerge n cy response plan.

Federal agencies may be called upon
to assist the licensee in developing a licensee offsi te emergency response plan
in areas such as:

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44 CFR Ch. I (l 0-1-11 Edition)

§352.27
(a) Arrangements for use of Federal
facili ties and resources for response
functions such as:
(1) Prompt notification of the emergency to the public:
(2) Assisting in a ny necessary evacuation;
(3) P r oviding reception centers or
shel ters and related facilities and services for evacuees;
(4) Providing emergency medical
services at Federal hospitals; and
(5) Ensuring the creation and maintenance of channels of communication
from comm ercial nuclear power plant
licensees to State and local governments and to surrounding members of
the public.
(b) Arrangements for transferring response functions to State and local
governments during the response in an
actual emergency; and
(c) Arr angements which may be necessary for F EMA coordination of the
response of other F ederal agencies.
§ 352.27

Federal role in th e e m erge ncy
respon se.

In addition to the Federal component
of the licensee offsite emergency response plan described in subpart B
(§352.26), and after complying with E. O.
12657, Section 2(b)(2) , which states that

F EMA:
(2) Shall take care not to supplant State
and local resources and that FEMA shall
substitute its own resources for those of
State and local governments only to the extent necessary to compensate for the nonparticipat ion or inadequate participation of
those governments , and only as a last resort
after appropriate consultation with the Governors and responsible local officials in the
affected area regarding State and local participation;

F EMA shall provide for ini tial Federal
response activities, including command
and control of the offsite response, as
may be needed . Any Federal response
role, undertaken pursuant to this sect ion, shall be transferred to State and
local governments as soon as feasib le
after the onset of an actual emergency.
§ 352.28

Reimburseme n t.

In accordance with Executive Order
12657, Section 6(d), and to the extent
permitted by law , FEMA will coordinate fu ll reimbursement, eith er jointly

or severally , to the agencies performing services or furnishing resources. from any affected licensee and
from any affected nonparticipating or
inadequately participating State or
local government.
§ 352.29

Appeal pro ce ss.

(a) Any interested party may appeal
a determination made by the Deputy
Administrator for the National Preparedness Directorate, under §§ 352.5
and 352.6 of this part, by submi tting to
the Administrator, FEMA, a written
notice of appeal , within 30 days after
issuance. The appeal is to be addressed
to the Administrator, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472. The
appeal letter shall state the specific
reasons for the appeal and include documentation to support appellant arguments. The appeal is limited to matters of record under §§ 352.5 and 352.6.
(b) Within 30 days of receipt of this
letter, the FEMA Administrator or designee will review the record and make
a final determination on the matter.
(c) Copies of this determination shall
be furnished to the Appellant, the
State(s), affected local governments,
and the NRC.
(d) For pur poses of this section, the
term interested party means only a licensee , a State or a local government,
as defined in § 352.l(g).

PART 353-FEE FOR SERVICES IN
SUPPORT, REVIEW AND APPROVAL OF STATE AND LOCAL
GOVERNMENT OR LICENSEE RADIOLOGICAL
EMERGENCY
PLANS AND PREPAREDNESS
Sec.
353.l Purpose.
353.2 Scope.
353.3 Definitions.
353.4 Payment of fees.
353.5 Average cost per FEMA professional
staff-hour.
353 .6 Schedule of services.
353.7 Failure to pay.
APPENDIX A TO PART 353-MEMORANDUM OF
UNDERSTANDING
BETWEE
FEDERAL
EMERGENCY MANAGEMENT AGENCY AND
NUCLEAR REGULATORY COMMISSION
AUTHORITY : 31 U.S.C . 9701; E.0. 12657 of
Nov. 18, 1988; 3 CFR, 1988 Comp., p. 611; 50

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