[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Rules and Regulations]
[Pages 70435-70436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27384]



[[Page 70435]]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 350

[Docket ID FEMA-2012-0026]
RIN 1660-ZA21


Criteria for Preparation and Evaluation of Radiological Emergency 
Response Plans and Preparedness in Support of Nuclear Power Plants 
(NUREG-0654/FEMA-REP-1, Rev. 2)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notification of availability.

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SUMMARY: The Federal Emergency Management Agency (FEMA), concurrently 
with the Nuclear Regulatory Commission (NRC), is issuing final guidance 
entitled ``Criteria for Preparation and Evaluation of Radiological 
Emergency Response Plans and Preparedness in Support of Nuclear Power 
Plants'' (NUREG-0654/FEMA-REP-1, Rev. 2). This final guidance document 
focuses on preparedness for radiological incidents at commercial 
nuclear power plants that could impact public health and safety.

DATES: This final guidance document was issued in December 2019.

ADDRESSES: This final guidance document is available online at http://www.regulations.gov and on FEMA's website at http://www.fema.gov. The 
proposed and final guidance documents, all related Federal Register 
Notices, and all public comments received during the comment period are 
available at http://www.regulations.gov under Docket ID FEMA-2012-0026. 
You may also view a hard copy of the final guidance document at the 
Office of Chief Counsel, Federal Emergency Management Agency, 500 C 
Street SW, Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: William Eberst, Policy Supervisor, 
Policy and Regulations Branch, Technological Hazards Division, National 
Preparedness Directorate, Resilience, william.eberst@fema.dhs.gov, 
(202) 341-4917.

SUPPLEMENTARY INFORMATION: As part of the domestic licensing of 
commercial nuclear power plants (NPPs), the Federal Emergency 
Management Agency (FEMA) and the Nuclear Regulatory Commission (NRC) 
evaluate emergency preparedness activities at and around these 
facilities. Emergency preparedness activities for a radiological 
incident at an NPP are essential for communities that could be affected 
by an incident at the facility. FEMA's role in the licensing process is 
to review and evaluate the adequacy of the planning and preparedness 
activities and capabilities of State, local, and Tribal governments and 
provide its findings and determinations to the NRC. FEMA performs this 
activity before the NRC issues a license to operate a NPP and then 
provides ongoing findings and determinations that planning and 
preparedness efforts are effective and consistent with 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 State, local, and Tribal 
governments within the emergency planning zones surrounding commercial 
NPPs must show that plans are in place that provide reasonable 
assurance that adequate protective measures will be taken to protect 
public health and safety in the event of an incident at an NPP.
    In November 1980, FEMA issued ``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)'' 
jointly with the Nuclear Regulatory Commission (NRC). (45 FR 85862, 
Dec. 30, 1980). NUREG-0654/FEMA-REP-1, Rev. 1 provides guidance on the 
16 Planning Standards referenced in FEMA's regulations at 44 CFR 350.5 
and the NRC's regulations at 10 CFR 50.47. Both agencies use these 
Planning Standards, and associated Evaluation Criteria contained in 
NUREG-0654/FEMA-REP-1, Rev. 1, to evaluate the adequacy of emergency 
plans and preparedness of NPP owners and operators, and the State, 
local, and Tribal government jurisdictions in which NPPs are sited.
    Since the publication of NUREG-0654/FEMA-REP-1, Rev. 1 in 1980, 
four supplementary documents and one addendum (66 FR 22270, May 3, 
2001) have been issued that update and modify specific planning and 
procedural elements. Since publication of these documents, there have 
been changes to FEMA and NRC regulations, guidance, policies and 
advances in technology. NUREG-0654/FEMA-REP-1, Rev. 2 consolidates the 
four supplementary documents and one addendum, clarifies the 
relationship of radiological emergency planning and preparedness to the 
larger National Preparedness System and its components, and provides 
updates and additional guidance reflective of over 30 years of 
improvements and lessons learned in the radiological emergency 
preparedness community.
    To begin this revision process, FEMA held two public meetings on 
August 22, 2012 and September 13, 2012 to discuss the scope of the 
proposed revision to NUREG-0654/FEMA-REP-1, Rev. 1 (77 FR 46766, Aug. 
6, 2012). Based on feedback from the two public meetings, FEMA 
solicited comments from stakeholders and interested members of the 
public on the scope of future revisions to NUREG-0654/FEMA-REP-1, Rev. 
1 (77 FR 65700, Oct. 30, 2012). A series of stakeholder engagement 
sessions were held on October 29-31, 2013 and June 25, 2014. Summaries 
of the stakeholder engagement sessions are posted to the Federal 
eRulemaking Portal at http://www.regulations.gov under Document ID: 
FEMA-2012-0026-0055 and FEMA-2012-0026-0053, respectively.
    The NUREG-0654/FEMA-REP-1, Rev. 2 draft was posted to the Federal 
eRulemaking Portal for public comment (80 FR 30697, May 29, 2015). The 
original comment period was scheduled to conclude on August 27, 2015, 
however, several commenters requested an extension beyond the original 
90-day comment period. Commenters cited the voluminous material put 
forth by the agencies for comment and that the proposed guidance 
document covered many policy matters that required 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 13, 2015 (80 FR 50862, Aug. 21, 2015). Most 
of the changes made to the proposed guidance document are clarifying, 
non-substantive changes that reflect current practice.
    FEMA and the NRC are issuing the final guidance document: 
``Criteria for Preparation and Evaluation of Radiological Emergency 
Response Plans and Preparedness in Support of Nuclear Power Plants'' 
(NUREG-0654/FEMA-REP-1, Rev. 2). The final guidance document included 
adjudication of 631 comments from 32 commenters. FEMA and the NRC 
prepared a comment/response matrix entitled ``Adjudication Report for 
NUREG-0654/FEMA-REP-1, Rev. 2 Public Comments Sorted by Document Order 
December 2019'' that may be viewed at www.regulations.gov under Docket 
ID FEMA-2012-0026. The substantive changes in the final guidance 
document align with the national preparedness doctrine, as directed by 
the President in directives and supported by the National Preparedness 
System (NPS).

[[Page 70436]]

Additionally, this final guidance document incorporates the 
Radiological Emergency Preparedness Program guidance into the NPS, thus 
ensuring that it is risk- and threat-informed and appropriate for the 
whole community.
    The contents of this final guidance document do not have the force 
and effect of law and are not meant to bind the public in any way. This 
final guidance document is intended only to provide clarity to the 
public regarding existing requirements under the law or agency 
policies.
    Implementation: The timeframe for transition to the final guidance 
document, ``Criteria for Preparation and Evaluation of Radiological 
Emergency Response Plans and Preparedness in Support of Nuclear Power 
Plants'' (NUREG-0654/FEMA-REP-1, Rev. 2), will vary amongst State, 
local, and Tribal governments and will be tied to their individual 
exercise cycle. FEMA intends to work with each jurisdiction to 
determine the best timeframe for transition, taking both the level of 
effort and where each is within their exercise cycle into account.

    Authority:  NRC Authorization Acts of 1980 (Pub. L. 96-295) and 
1982-1983 (Pub. L. 97-415); Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, as amended, Titles II and VI, Sections 201 
and 611, 42 U.S.C. 5131 and 5196; Homeland Security Act of 2002, as 
amended, Title VI, Chapter 1, Subchapter V, Sections 503 and 504, 6 
U.S.C. 313 and 314; Security and Accountability for Every Port Act 
of 2006, Title V, Section 612, 6 U.S.C. 314a; Department of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations for 1999, 42 U.S.C. 5196e; Post-Katrina Emergency 
Management Reform Act of 2006, Title VI, Sections 602, 642, 643, and 
644, 6 U.S.C. 701, 742, 743, and 744; Reorganization Plan No. 3 of 
1978; E.O. 12241, as amended; E.O. 12127, as amended. E.O. 12148, as 
amended; E.O. 12657, as amended; FEMA's regulations in title 44, 
chapter I, parts 350-354 of the CFR.

    Dated: November 27, 2019.
Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-27384 Filed 12-20-19; 8:45 am]
 BILLING CODE 9111-46-P


