80 FR 30739 - Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 103 (May 29, 2015)

Page Range		30739-30740
FR Document		2015-13079

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft NUREG-0654/FEMA-REP-1, Revision 2, ``Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants.'' This guidance document was originally issued in December 1980 by the NRC in conjunction with the Federal Emergency Management Agency (FEMA). Both agencies use the document to evaluate the adequacy of the emergency plans and preparedness of commercial nuclear power plant (NPP) licensees and applicants, as well as those of State, local, and Tribal governments within the emergency planning zones (EPZs) surrounding commercial NPPs. This revision reflects changes to the NRC's and FEMA's regulations, guidance, and policies, as well as advances in technology and methods for responding to radiological incidents that have occurred since the document was originally issued. It also incorporates the four supplemental documents and addenda to NUREG-0654/FEMA-REP-1, Revision 1, that have been issued in the intervening years, and is intended to modernize the guidance while lessening administrative burden on users.

Federal Register, Volume 80 Issue 103 (Friday, May 29, 2015)

[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Pages 30739-30740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13079]


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NUCLEAR REGULATORY COMMISSION

[FEMA-2012-0026, NRC-2015-0133]


Preparation and Evaluation of Radiological Emergency Response 
Plans and Preparedness

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft NUREG; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft NUREG-0654/FEMA-REP-1, Revision 2, ``Criteria for 
Preparation and Evaluation of Radiological Emergency Response Plans and 
Preparedness in Support of Nuclear Power Plants.'' This guidance 
document was originally issued in December 1980 by the NRC in 
conjunction with the Federal Emergency Management Agency (FEMA). Both 
agencies use the document to evaluate the adequacy of the emergency 
plans and preparedness of commercial nuclear power plant (NPP) 
licensees and applicants, as well as those of State, local, and Tribal 
governments within the emergency planning zones (EPZs) surrounding 
commercial NPPs. This revision reflects changes to the NRC's and FEMA's 
regulations, guidance, and policies, as well as advances in technology 
and methods for responding to radiological incidents that have occurred 
since the document was originally issued. It also incorporates the four 
supplemental documents and addenda to NUREG-0654/FEMA-REP-1, Revision 
1, that have been issued in the intervening years, and is intended to 
modernize the guidance while lessening administrative burden on users.

DATES: Submit comments by August 27, 2015. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to assure consideration only for comments received on or before 
this date.

ADDRESSES: In order to avoid the receipt and review of duplicate 
submissions, please submit your comments and any supporting material by 
only one of the following means:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID FEMA-2012-0026. For 
technical questions, contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
     Mail comments to: Regulatory Affairs Division, Office of 
Chief Counsel, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472-3100.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Don Tailleart, Office of Nuclear 
Security and Incident Response, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-287-9257; email: 
[email protected] or William Eberst, Technological Hazards 
Division, National Preparedness Directorate, Federal Emergency 
Management Agency; Washington, DC 20472-3100; telephone: 202-341-4917; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID FEMA-2012-0026 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID FEMA-2012-0026.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
draft guidance document is available in ADAMS under Accession No. 
ML14246A519.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.
    Submitted comments may also be inspected at FEMA, Office of Chief 
Counsel, 500 C Street SW., Washington, DC 20472-3100.

B. Submitting Comments

    Please include Docket ID FEMA-2012-0026 in the subject line of your 
comment submission, in order to ensure that FEMA is able to make your 
comment submission available to the public in this docket.
    All submissions received must include the agency name (FEMA) and 
docket ID. Regardless of the method used for submitting comments or 
material, FEMA will post all submissions, without change, to 
www.regulations.gov and will include any personal information that you 
provide. Therefore, submitting this information makes it public. You 
may wish to read the Privacy Act notice, which can be viewed by 
clicking on the ``Privacy Notice'' link on the homepage of 
www.regulations.gov.

II. Discussion

    In December 1980, the NRC issued NUREG-0654/FEMA-REP-1, Revision 1, 
``Criteria for Preparation and Evaluation of Radiological Emergency 
Response Plans and Preparedness in Support of Nuclear Power Plants,'' 
in conjunction with FEMA (45 FR 85862; December 30, 1980).
    Revision 1 of NUREG-0654/FEMA-REP-1 provides guidance on meeting 
the 16 planning standards for NPP emergency response plans found in the 
NRC's regulations in paragraph 50.47(b) of Title 10 of the Code of 
Federal Regulations (10 CFR) and FEMA's regulations set forth in 44 CFR 
350.5(a). Both agencies use the guidance in determining compliance with 
these planning standards and evaluating the overall adequacy of the 
emergency plans and preparedness of commercial NPP licensees and 
applicants, as well as State, local, and Tribal governments within the 
EPZs surrounding commercial NPPs, for responding to a radiological 
incident at an NPP.

[[Page 30740]]

    Since the publication of NUREG-0654/FEMA-REP-1, Revision 1, in 
1980, four supplemental documents and one set of addenda have been 
issued that update and modify specific planning and procedural 
elements. These documents are available online at the Federal 
rulemaking Web site, www.regulations.gov, under Docket ID FEMA-2012-
0026. There have also been changes to the NRC's and FEMA's regulations, 
guidance, and policies, as well as advances in technology and methods 
for responding to radiological incidents. The NRC and FEMA are revising 
NUREG-0654/FEMA-REP-1, Revision 1, to incorporate information from the 
supplements and addenda; address regulatory, guidance, and policy 
changes; and include various emergency planning and preparedness 
lessons learned since its initial publication.
    The NRC is developing an emergency preparedness handbook (a NUREG 
document) in conjunction with the revision of NUREG-0654/FEMA-REP-1. 
The handbook will provide amplifying guidance on meeting the intent of 
the NUREG-0654/FEMA-REP-1, Revision 2 evaluation criteria applicable to 
commercial NPP applicants and licensees, and the level of detail that 
applicant and licensee emergency plans should provide regarding each 
evaluation criterion. A preliminary draft version of the handbook will 
be available for viewing in ADAMS under Accession No. ML15140A415 
during the public comment period for NUREG-0654/FEMA-REP-1, Revision 2; 
a final draft version of the handbook will be issued at a later time.
    The NRC and FEMA held two public meetings on August 22, 2012, and 
September 13, 2012, as well as two public stakeholder engagement 
sessions on October 29-31, 2013, and June 25, 2014. The public meetings 
were conducted in order to: (1) solicit input from stakeholders and 
interested members of the public on the scope of future revisions to 
NUREG-0654/FEMA-REP-1, Revision 1; (2) describe the proposed timeline 
for the revisions to NUREG-0654/FEMA-REP-1, Revision 1; (3) promote 
transparency, public participation, and collaboration during the NUREG-
0654/FEMA-REP-1, Revision 1, revision process; and (4) allow direct 
input from stakeholders and the public on changes being made during the 
initial writing process. Presentation material and meeting notes are 
available for review on the Federal rulemaking Web site, 
www.regulations.gov, under Docket ID FEMA-2012-0026.

III. Backfitting and Issue Finality

    Issuance of NUREG-0654/FEMA-REP-1, Revision 2, in final form, would 
not constitute backfitting under 10 CFR 50.109 and would not otherwise 
be inconsistent with the issue finality provisions in 10 CFR part 52. 
As discussed in section I.B., ``Scope,'' under the subsection titled 
``Use by NRC,'' of NUREG-0654/FEMA-REP-1, Revision 2, the NRC has no 
current intention to impose NUREG-0654/FEMA-REP-1, Revision 2, on 
current holders of a construction permit, operating license, early site 
permit, or combined license.
    NUREG-0654/FEMA-REP-1, Revision 2, if finalized, could be applied 
to applications for certain 10 CFR part 50 operating licenses or 
construction permits and 10 CFR part 52 combined licenses and early 
site permits. Such action would not constitute backfitting as defined 
in 10 CFR 50.109 or be otherwise inconsistent with the applicable issue 
finality provision in 10 CFR part 52, inasmuch as such applicants are 
not, with certain exceptions, within the scope of entities protected by 
10 CFR 50.109 or the relevant issue finality provisions in 10 CFR part 
52. This is because neither the Backfit Rule nor the issue finality 
provisions under 10 CFR part 52--with certain exclusions discussed 
below--was intended to apply to every NRC action that substantially 
changes the expectations of current and future applicants. The 
exceptions to the general principle are applicable whenever an 
applicant references a 10 CFR part 52 license (e.g., an early site 
permit), NRC regulatory approval (e.g., a design certification rule), 
or both, with specified issue finality provisions. The staff does not, 
at this time, intend to impose the positions represented in the draft 
NUREG (if finalized) in a manner that is inconsistent with any issue 
finality provisions. If, in the future, the staff seeks to impose a 
position in the draft NUREG (if finalized) in a manner that does not 
provide issue finality as described in the applicable issue finality 
provision, then the staff must address the criteria for avoiding issue 
finality as described in the applicable issue finality provision.

    Dated at Rockville, Maryland, this 20th day of May, 2015.

    For the U.S. Nuclear Regulatory Commission.
Brian E. Holian,
Director, Office of Nuclear Security and Incident Response.
[FR Doc. 2015-13079 Filed 5-28-15; 8:45 am]
 BILLING CODE 7590-01-P

30740 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Notices

Since the publication of NUREG– III. Backfitting and Issue Finality SECURITIES AND EXCHANGE
0654/FEMA–REP–1, Revision 1, in COMMISSION
Issuance of NUREG–0654/FEMA–
1980, four supplemental documents and
REP–1, Revision 2, in final form, would [Release No. 34–75036; File No. SR–FINRA–
one set of addenda have been issued
not constitute backfitting under 10 CFR 2015–003]
that update and modify specific
50.109 and would not otherwise be
planning and procedural elements. Self-Regulatory Organizations;
inconsistent with the issue finality
These documents are available online at Financial Industry Regulatory
provisions in 10 CFR part 52. As
the Federal rulemaking Web site, Authority, Inc.; Order Approving
discussed in section I.B., ‘‘Scope,’’
www.regulations.gov, under Docket ID Proposed Rule Change To Amend the
under the subsection titled ‘‘Use by
FEMA–2012–0026. There have also NRC,’’ of NUREG–0654/FEMA–REP–1, Code of Arbitration Procedure for
been changes to the NRC’s and FEMA’s Revision 2, the NRC has no current Customer Disputes and the Code of
regulations, guidance, and policies, as intention to impose NUREG–0654/ Arbitration Procedure for Industry
well as advances in technology and FEMA–REP–1, Revision 2, on current Disputes To Increase a Fee for the Late
methods for responding to radiological holders of a construction permit, Cancellation of a Scheduled Hearing,
incidents. The NRC and FEMA are operating license, early site permit, or Lengthen the Notice Period for
revising NUREG–0654/FEMA–REP–1, combined license. Cancelling a Scheduled Hearing, and
Revision 1, to incorporate information Increase the Amount of Honoraria Paid
NUREG–0654/FEMA–REP–1,
from the supplements and addenda; to Arbitrators Affected by a Late
Revision 2, if finalized, could be applied
address regulatory, guidance, and policy Cancellation of a Scheduled Hearing
to applications for certain 10 CFR part
changes; and include various emergency
50 operating licenses or construction May 22, 2015.
planning and preparedness lessons
permits and 10 CFR part 52 combined
learned since its initial publication. I. Introduction
licenses and early site permits. Such
The NRC is developing an emergency action would not constitute backfitting On February 5, 2015, the Financial
preparedness handbook (a NUREG as defined in 10 CFR 50.109 or be Industry Regulatory Authority, Inc.
document) in conjunction with the otherwise inconsistent with the (‘‘FINRA’’) filed with the Securities and
revision of NUREG–0654/FEMA–REP–1. applicable issue finality provision in 10 Exchange Commission (‘‘Commission’’),
The handbook will provide amplifying CFR part 52, inasmuch as such pursuant to Section 19(b)(1) of the
guidance on meeting the intent of the applicants are not, with certain Securities Exchange Act of 1934 (‘‘Act’’
NUREG–0654/FEMA–REP–1, Revision 2 exceptions, within the scope of entities or ‘‘Exchange Act’’) 1 and Rule 19b–4
evaluation criteria applicable to protected by 10 CFR 50.109 or the thereunder,2 a proposed rule change to
commercial NPP applicants and relevant issue finality provisions in 10 amend Rules 12214 and 12601 of
licensees, and the level of detail that CFR part 52. This is because neither the FINRA’s Code of Arbitration Procedure
applicant and licensee emergency plans Backfit Rule nor the issue finality for Customer Disputes (‘‘Customer
should provide regarding each provisions under 10 CFR part 52—with Code’’) and Rules 12214 and 12601 of
evaluation criterion. A preliminary draft certain exclusions discussed below— its Code of Arbitration Procedure for
version of the handbook will be was intended to apply to every NRC Industry Disputes (‘‘Industry Code’’)
available for viewing in ADAMS under action that substantially changes the (together, ‘‘Codes’’) to increase the fee
Accession No. ML15140A415 during the expectations of current and future for the late cancellation or
public comment period for NUREG– applicants. The exceptions to the postponement of a scheduled hearing,
0654/FEMA–REP–1, Revision 2; a final general principle are applicable lengthen the notice period for cancelling
draft version of the handbook will be whenever an applicant references a 10 or postponing a scheduled hearing
issued at a later time. CFR part 52 license (e.g., an early site session, and increase the amount of
The NRC and FEMA held two public permit), NRC regulatory approval (e.g., a honoraria paid to arbitrators affected by
meetings on August 22, 2012, and design certification rule), or both, with the late cancellation or postponement of
September 13, 2012, as well as two specified issue finality provisions. The a scheduled hearing session. The
public stakeholder engagement sessions staff does not, at this time, intend to proposed rule change was published for
on October 29–31, 2013, and June 25, impose the positions represented in the comment in the Federal Register on
2014. The public meetings were draft NUREG (if finalized) in a manner February 24, 2015.3 The Commission
conducted in order to: (1) solicit input that is inconsistent with any issue received twelve comment letters on the
from stakeholders and interested finality provisions. If, in the future, the proposal.4 On March 26, 2015, FINRA
members of the public on the scope of staff seeks to impose a position in the
future revisions to NUREG–0654/ draft NUREG (if finalized) in a manner 1 15 U.S.C. 78s(b)(1).

FEMA–REP–1, Revision 1; (2) describe that does not provide issue finality as 2 17 CFR 240.19b–4.
3 See Exchange Act Release No. 74289 (Feb. 18,
described in the applicable issue finality
the proposed timeline for the revisions 2015), 80 FR 9773 (Feb. 24, 2015) (‘‘Notice’’).
provision, then the staff must address
to NUREG–0654/FEMA–REP–1, 4 See Letters from Steven B. Caruso, Esq., Maddox
the criteria for avoiding issue finality as Hargett & Caruso, P.C., dated February 20, 2015
Revision 1; (3) promote transparency,
described in the applicable issue finality (‘‘Caruso Letter’’); Philip M. Aidikoff, Aidikoff, Uhl
public participation, and collaboration
provision. & Bakhtiari, dated February 24, 2015 (‘‘Aidikoff
during the NUREG–0654/FEMA–REP–1, Letter’’); George H. Friedman, Esq., George H.
Revision 1, revision process; and (4) Dated at Rockville, Maryland, this 20th day Friedman Consulting, LLC, dated March 1, 2015
allow direct input from stakeholders of May, 2015. (‘‘Friedman Letter’’); Joseph C. Pfeiffer, President,
Lhorne on DSK2VPTVN1PROD with NOTICES

For the U.S. Nuclear Regulatory Public Investors Arbitration Bar Association
and the public on changes being made (‘‘PIABA’’), dated March 9, 2015 (‘‘PIABA Letter’’);
during the initial writing process. Commission.
Ryan K. Bakhtiari, Aidikoff, Uhl & Bakhtiari, dated
Presentation material and meeting notes Brian E. Holian, March 9, 2015 (‘‘Bakhtiari Letter’’); Jasmine Blake-
are available for review on the Federal Director, Office of Nuclear Security and Stewart, Francis Laryea, Jason Robinson, and Darius
Incident Response. Wood, Student Interns, and Nicole Iannarone,
rulemaking Web site, Assistant Clinical Professor, Investor Advocacy
www.regulations.gov, under Docket ID [FR Doc. 2015–13079 Filed 5–28–15; 8:45 am] Clinic, Georgia State University College of Law,
FEMA–2012–0026. BILLING CODE 7590–01–P dated March 13, 2015 (‘‘GSU Letter’’); Mark R.

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Document Created: 2015-12-15 15:31:51
Document Modified: 2015-12-15 15:31:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Draft NUREG; request for comment.
Dates		Submit comments by August 27, 2015. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.
Contact		Don Tailleart, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-9257; email: [email protected] or William Eberst, Technological Hazards Division, National Preparedness Directorate, Federal Emergency Management Agency; Washington, DC 20472-3100; telephone: 202-341-4917; email: [email protected]
FR Citation		80 FR 30739