20944 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

FEDERAL EMERGENCY

MANAGEMENT AGENCY

Federal Radiological Emergency

Response Plan (FRERP); Operational

Plan

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Notice.

SUMMARY: The Federal Emergency

Management Agency gives notice of and

publishes the Federal Radiological

Emergency Response Plan (FRERP) as

the operational plan for Federal

agencies to discharge their

responsibilities during peacetime

radiological emergencies. The FRERP

establishes an organized, integrated

capability for participating Federal

agencies to respond to a wide range of

peacetime radiological emergencies. The

Plan provides a concept of operations,

outlines Federal policies and planning

considerations, and specifies authorities

and responsibilities of each Federal

agency that has a significant role in such

emergencies. The FRERP is now fully

operational for use in the Federal

response to radiological emergencies.

EFFECTIVE DATE: May 8, 1996.

FOR FURTHER INFORMATION CONTACT:

Thomas M. Antush, Operations

Division, Response and Recovery

Directorate, Federal Emergency

Management Agency, 500 C Street SW.,

Washington, DC 20472, telephone (202)

646–3617.

SUPPLEMENTARY INFORMATION: On

September 6, 1994, FEMA published the

proposed Federal Radiological

Emergency Response Plan in the

Federal Register (59 FR 46086–46107).

Referred to interchangeably as the

FRERP, or the Plan, the Federal

Radiological Emergency Response Plan

was developed by FEMA and 16 other

Federal agencies. It was published in

interim but operational form pending

formal agency concurrences by each of

the 17 agencies that cooperated in the

development of this Plan.

Federal agencies respond to

radiological emergencies using the

FRERP, each agency in accordance with

its existing statutory authorities and

funding resources. The Lead Federal

Agency is responsible for coordination

of the overall Federal response to the

emergency. FEMA is responsible for

coordinating non-radiological support

using the structure of the Federal

Response Plan. The relationship

between the FRERP and the Federal

Response Plan is discussed in the

FRERP, and will be further described in

a Radiological Emergencies Annex to

the Federal Response Plan.

Section 304 of Pub. L. 96–295 requires

that the President prepare and publish

a plan to provide for expeditious,

efficient, and coordinated Federal

response to accidents at nuclear power

facilities. Executive Order (E.O.) 12241

of September 29, 1980, as amended by

E.O. 12657, delegated this responsibility

to the Director of FEMA. FEMA

published the first FRERP on November

8, 1985, 50 FR 46542. The FRERP

published today updates and supersedes

the Plan published in 1985.

After the September 6, 1994

publication, FEMA presented the

interim proposed Plan to the

management of the other 16 Federal

agencies. Each of these agencies has

provided its written concurrence with

the Plan. Several of the agencies offered

proposed changes to the interim Plan.

FEMA and other members of the Federal

Response Subcommittee reviewed those

proposed changes and determined that

they are minor, clarify Federal agency

roles and responsibilities, and that they

do not affect the basic organization or

responsiveness of the Plan.

The 1994 notice requested public

comments on the proposed plan. Over

70 comments were received from

approximately 20 organizations

representing Federal and State

Government agencies and private

industry that will be affected by changes

in the FRERP. The remainder of the

Preamble provides the Federal Response

Subcommittee’s (‘‘the Committee’’)

response to the comments received

during the comment period. The

comments, and the Committee’s

responses, are listed in the order of

appearance in the FRERP. The page

numbers cited in the comment summary

refer to the page numbers in the

September 6, 1994, Federal Register

notice of the proposed plan. The

organization that provided the comment

is identified in the brackets following

the comment.

Responses to Comments

Comment 1. The word ‘‘domestic’’ in

II.B.3. of the Table of Contents on page

46086 should be stricken and changed

to read ‘‘NASA/DOD Satellites* * *’’ In

addition, this change should be made

everywhere in the plan where the word

‘‘domestic’’ appears (e.g., pages 46088–

46089), including all such references in

the tables. [NASA]

Response: Based on subsequent

discussions with NASA, the word

‘‘domestic’’ is stricken from the title in

II.B.3 of the Table of Contents, in II.B.3

of the text and in Table II–1, so the

category now reads ‘‘Satellites

Containing Radioactive Materials’’.

Comment 2. The phrase ‘‘that could

require a response by several Federal

agencies’’ found in I. Introduction and

Background, C. Scope on page 46087 is

vague and doesn’t explain who will

make the decision based on what

criteria. Any Federal response should be

tied to a structured classification

system, statutory authority, or the

request for assistance from a State or

other appropriate jurisdiction. This is

more clearly stated in Section D.3 on the

same page. [Department of Nuclear

Safety (Illinois)]

Response—This phrase was purposely

worded to provide Federal agencies

maximum flexibility to respond to State

and local requests for assistance in the

event of a radiological emergency. The

Committee believes that the use of a

structured classification system would

adversely impact the ability of the

Federal Government to configure their

response to meet the specific needs that

would be associated with a particular

emergency. As the comment recognizes,

information contained in various

paragraphs of II. Concept of Operations,

provides greater details on how Federal

support can be requested.

Comment 3. Page 46087, I.

Introduction and Background, C. Scope,

last sentence. The U.S. Code citations to

the referenced statutory authorities

should be included (e.g., Subsection

274.b of the Atomic Energy Act of 1954,

as amended, 42 U.S.C. 2021(b). [NASA]

Response—The appropriate citations

have been added to the referenced

authorities in Appendix C, Federal

Agency Response Missions, Capabilities

and Resources, References, and

Authorities.

Comment 4. On page 46087, the last

sentence of the first paragraph of I.D.2.

Coordination by Federal Agencies,

states ‘‘The degree to which the Federal

response is merged or to which

activities are adjusted will be based

upon the requirements and priorities set

by the State.’’ This is the way the State

would hope the Federal Government

will work with them. However, after

reading the rest of the plan, this is not

the policy the Federal Government is

planning on pursuing. [Office of

Emergency Management—Department

of Motor Vehicles and Public Safety

(Nevada)]

Response—The Committee made a

determined effort to assure that the Plan

describes a Federal response in support

of the State response. As stated in

Section II.A., ‘‘The concept of

operations recognizes the preeminent

role of State and local governments for

determining and implementing any

measures to protect life, property, and

the environment in areas not under the
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20945

control of a Federal agency.’’

Accordingly, the Federal agencies that

are signatories to this plan recognize

that State and local governments are

their ‘‘customers’’ and that the off-site

Federal role is one of providing support

and assistance as requested. This

applies to all aspects of a radiological

emergency response in the affected offsite area (e.g., environmental monitoring

and assessment, implementation of

protective actions, release of public

information, and determination of

restoration priorities). For example, on

page 46089 Section II.D.3. Radiological

Monitoring and Assessment states that

the Federal radiological monitoring and

assessment response activity will

‘‘support the monitoring and assessment

programs of the States.’’ Also, on page

46091 Section II.D.4. Protective Action

Recommendations states ‘‘The LFA will

assist State and local authorities, if

requested, by advising them on

protective actions for the public.’’

Comment 5. On page 46087 the

second paragraph in I.D.2. Coordination

by Federal Agencies states,

‘‘Appropriate independent emergency

actions may be taken by the

participating Federal agencies within

the limits of their own statutory

authority to protect the public,

minimize immediate hazards, and

gather information about the emergency

that might be lost by delay.’’ This was

the philosophy used by DOE and EPA

in an exercise in which the town of

Rachel, NV, was evacuated without

State and local officials being notified.

DOE and EPA took it upon themselves

to go door to door and issue an

evacuation order which is not within

their statutory authority. They can assist

but they do not issue an evacuation

order. In an emergency, the locals may

not be able to respond quickly enough

to participate in an evacuation order,

but Federal agencies must inform the

State and local officials of their plans

before they take any action and not after

the fact. In the State of Nevada, the

Governor is the only one who can issue

an evacuation order. A paragraph

stressing the importance of Federal

agencies informing the State and local

officials before the response is taken and

not after should be inserted into the

plan. [Office of Emergency Management

Department of Motor Vehicles and

Public Safety (Nevada)]

Response—While the Committee

agrees that State and local officials

should be notified and kept informed of

all Federal activities in the affected offsite areas, the Committee believes that

this issue is adequately addressed in the

plan as written. As stated in Section

II.A., ‘‘The concept of operations

recognizes the preeminent role of State

and local governments for determining

and implementing any measures to

protect life, property, and the

environment in areas not under the

control of a Federal agency.’’ The

adherence of the Federal agencies to this

principle has been clearly demonstrated

by their actions in the FRMAC–93,

Hanford, and DIAGRAM JUMP exercises

that have been conducted with the

states of Nebraska, Iowa, and

Washington over the past 2 years.

Comment 6. On page 46087, the first

paragraph of Section I.D.3. Federal

Agency Authorities states, ‘‘Some

Federal agencies have authority to

respond to certain situations affecting

public health and safety with or without

a State request.’’ It is not clear under

what circumstances the Federal

agencies will respond. The authority is

vague. I think that if it is in time of

emergency that has already been

addressed, this sentence should be

removed. [Office of Emergency

Management—Department of Motor

Vehicles and Public Safety (Nevada)]

Response—The purpose of this

sentence was to indicate that under a

few very unlikely situations some

Federal agencies have the authority to

initiate actions to protect public health

and safety without being requested to do

so by either State or local officials.

However, because the signatories to the

FRERP do not believe that these

situations will occur during a

radiological emergency the plan does

not go into any level of detail about

these specific situations. It is the

intention of all Federal agencies to work

closely with State and local officials in

the development and implementation of

actions to protect public health and

safety. Federal agencies will make every

attempt to get approval from State and

local officials before taking any actions

involving the general public.

Comment 7. The Commenter

recommended that the following be

added to I.E. Training and Exercises on

page 46087: ‘‘Reimbursement for

training and exercises shall be in

accordance with Section D.6.’’ [Yankee

Atomic Electric Company]

Response—Paragraph I.D.6. clearly

states that each Agency will pay its own

way in a response to an emergency.

Also, each Agency will fund its own

preparedness and planning activities,

including participation in drills and

exercises. However, there may be

situations in which special funding may

be available for either response or

exercise participation and Agencies are

free to seek reimbursement as

appropriate. The reimbursement of State

and local expenses for their

participation in training and exercises

will be handled in accordance with preexisting agreements between the

appropriate Federal agency. The

Committee made no changes to the plan.

Comment 8. Paragraph I.F.1.

Relationship to the Federal Response

Plan (FRP) on page 46087 should

include explanatory remarks and

include appropriate U.S. Code citations

to the Stafford Act and the provisions or

section pertinent to a declaration.

[NASA]

Response—The Committee believes

that the existing wording adequately

describes the relationship between the

FRERP and the FRP and that the

intended audience for this plan is

sufficiently familiar with the Stafford

Act that additional clarification is not

needed. The Radiological Emergencies

Annex to the FRP, which is currently

under development, will provide

additional clarification of the FRERP/

FRP relationship.

Comment 9. Sections I.F.1. Without a

Stafford Act Declaration on page 46087

and I.F.2. With a Stafford Act

Declaration on page 46088 state (Section

F.1) that in the absence of a Stafford Act

declaration, FEMA ‘‘is responsible for

coordinating non-radiological support

using the structure of the Federal

Response Plan (FRP),’’ but then goes on

to state (Section F.2), ‘‘When a Stafford

Act Declaration has activated the

FRP* * *’’ The two statements appear

contradictory on their face, although

perhaps some editing would resolve the

apparent contradiction. [FEMA—Region

II]

Response—Because the FEMA

responsibility for coordination of nonradiological support would be the same

for emergencies whether or not there is

a Stafford Act declaration, it seems more

efficient to use procedures and

resources that already exist, and are

used during emergencies throughout the

year. The phrase, ‘‘activate the Federal

Response Plan,’’ has come to mean that

a Stafford Act declaration has been

made. In order to make clear that a

Stafford Act declaration has not been

made, but the same familiar emergency

response procedures should be

followed, the phrase, ‘‘using the

structure of the Federal Response Plan,’’

was devised. It indicates that Federal

agencies should respond using whatever

statutory authorities and funding they

already possess—not Stafford Act

authorities or funding. If there is a

subsequent Stafford Act declaration,

Stafford Act authorities and funding

would then apply. The Radiological

Emergencies Annex to the FRP, which

is under development, will explain the
20946 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

relationship between the FRERP and the

FRP in more detail.

Comment 10. Section I.F.

Relationship to the Federal Response

Plan (FRP) on pages 46087 and 46088,

refers to a‘‘Stafford Act Declaration.’’

The FRERP does not define or explain

what a ‘‘Stafford Act Declaration’’ is.

Although this terminology may be

familiar to FEMA personnel and local

officials dealing with a variety of natural

and man-made disasters, it is not

necessarily familiar to NRC licensees

who may potentially be involved in

some aspects of implementation of the

FRERP. Accordingly, a very brief

notation that a Stafford Act declaration

is a formal declaration of a major

disaster by the President would be

appropriate. [NRC—Office of General

Counsel]

Response—The Committee believes

that the intended audience for this plan

is sufficiently familiar with the

terminology that additional clarifying

language is not needed. The

Radiological Emergencies Annex to the

FRP, which is under development, will

clearly explain the relationship between

the FRERP and the FRP.

Comment 11. Section I.F.1. Without a

Stafford Act Declaration at the top of the

first column on page 46088 says FEMA

coordinates non-radiological support.

This appears to be a shift from the old

concept that FEMA would be the

clearinghouse for all requests for

Federal assistance. [Department of

Nuclear Safety (Illinois)]

Response—The Commenter is correct.

Without a Presidential disaster

declaration, the LFA coordinates the

radiological response to the emergency

while FEMA coordinates the nonradiological response. Accordingly, the

Federal Government must identify the

appropriate persons for State and local

officials to interact with. The LFA and

the Senior FEMA Official must work

closely together to ensure that all the

needs of the affected State and local

governments are addressed. The

Radiological Emergencies Annex to the

FRP, which is under development, will

clearly explain the relationship between

the FRERP and the FRP.

Comment 12. Revise the last sentence

of I.F.1. Without a Stafford Act

Declaration on page 46088 to read,

‘‘FEMA, which has the responsibility for

coordinating non-radiological support,

will use the structures of the FRP to

accomplish this activity.’’ [USDA]

Response—This change was

incorporated into the plan.

Comment 13. The information in

Section I.G. Authorities on page 46088

should be updated with the appropriate

citations to the statutory authority and

the updated information about any

amendments to Executive Order 12241

should be included. [NASA]

Response—This information has been

incorporated into the plan as

appropriate.

Comment 14. In Section II. Concept of

Operations on page 46088 some

reference to radioactive wastes should

be addressed. This is and will be a

major portion of potential emergencies

for planning of all agencies. This could

be addressed in 5 (Other Types of

Emergencies). [DOE]

Response—The disposition of

radioactive wastes is a component of

any radiological emergency, not a

separate type of emergency. The

protection of the public from exposure

to radioactive waste is included in the

Protective Action Recommendations

section, specifically,

‘‘Recommendations regarding the

disposition of contaminated livestock

and poultry’’ and ‘‘Recommendations

for recovery, return and cleanup

issues.’’ Advice to the State will be

provided by the LFA supported by the

Advisory Team for Environment, Food

and Health.

Comment 15. The second paragraph

of Section II.A. Introduction on page

46088 states, ‘‘The concept of operations

recognizes the preeminent role of State

and local governments for determining

and implementing any measures to

protect life, property, and the

environment in areas not under the

control of a Federal agency.’’

Recognizing the State and local

government roles is fine but it is not

enough. The plan needs to say that the

Federal agencies will work with the

State and local governments to

accomplish their responsibilities. The

States need to know that the Federal

agencies plan to work in conjunction

with the State and local governments to

protect life, property, and the

environment. It needs to be stated.

Otherwise, the impression is—well, we

recognize your responsibilities, but we

don’t have to support or work with you.

[Office of Emergency Management—

Department of Motor Vehicles and

Public Safety (Nevada)]

Response—The Federal agencies that

are signatories to this plan recognize

that State and local governments are

their ‘‘customers’’ and that the off-site

Federal role is one of providing support

and assistance as requested. This

applies to all aspects of a radiological

emergency response in the affected offsite area (e.g., environmental monitoring

and assessment, implementation of

protective actions, release of public

information, and determination of

restoration priorities). For example, on

page 46089 Section II.D.3. Radiological

Monitoring and Assessment states that

the Federal radiological monitoring and

assessment response activity will

‘‘support the monitoring and assessment

programs of the States.’’ Also, on page

46091 Section II.D.4. Protective Action

Recommendations states, ‘‘The LFA will

assist State and local authorities, if

requested, by advising them on

protective actions for the public.’’ The

Committee cannot emphasize enough

the preeminent role of the State and

local governments; therefore, it has

recommended, and the Federal

Radiological Preparedness Coordinating

Committee has agreed to develop a

program to disseminate the details of

the revised FRERP to Federal agency

responders and the State emergency

services organizations.

Comment 16. The language in Section

II.B.1. Nuclear Facility on page 46088

should clearly state that State and local

requests for Federal assistance during a

nuclear plant accident should be made

directly to the NRC. Likewise, Federal

assistance for emergencies involving

DOD, DOE, non-licensed materials,

transportation accidents, and unknown

sources (B.1, 2, 3, 4, & 5) have new LFA

designations, and presumably these

LFAs should handle assistance requests

directly. Current guidance requires

making such requests through FEMA or

directly to a Federal supporting agency.

[Department of Nuclear Safety (Illinois)]

Response—Paragraph I.D.5. Requests

for Federal Assistance on page 46087

clearly states that State and local

governments as well as the owners and

operators of radiological facilities or

activities may make requests directly to

any of the Federal agencies listed in

Table II–1 on page 46089, FEMA, or

other Federal agencies with whom they

may have preexisting arrangements or

relationships. While the preferred

means of notification and requesting

support is through the designated LFA,

the signatory Agencies will

automatically notify the appropriate

Federal agency if they are notified of a

radiological emergency for which they

are not the LFA. For example, if the

emergency involved a commercial

nuclear power plant the NRC is the LFA

and any requests, either initial or

follow-up, should be made to the NRC.

However, if EPA is requested to provide

support by an affected State, the EPA

will notify the NRC of the situation and

then support the NRC response to assist

the State as appropriate. If the

emergency involved unlicensed

radioactive material that is not owned

by DOD or DOE the designated LFA is

EPA and should receive State and local

requests for assistance. If DOE were
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20947

notified of this situation they would

automatically call EPA. It should be

noted that with the publication of this

plan previous guidance is now

superseded.

Comment 17. Section II.B.1. Nuclear

Facility on page 46088 designates DOD

or DOE as the Lead Federal Agency for

responding to emergencies at facilities

that they own. Section II.B.1.(a)

provides that NRC is the Lead Federal

Agency for facilities that it licenses.

Although the listing for types of

facilities that NRC is responsible for

includes gaseous diffusion facilities,

there is ambiguity with respect to who

is responsible for the gaseous diffusion

facilities operated by USEC. DOE

actually owns the gaseous diffusion

plants that are leased to U.S. Energy

Corporation (USEC). The NRC will be

issuing certificates of compliance but

will not be licensing the USEC operated

gaseous diffusion plants. If the intent is

that NRC should have the lead

responsibility for these facilities then

the phrase ‘‘regarding an activity

licensed by NRC’’ in Section II.B.1.(a)

should be revised to read ‘‘regarding an

activity licensed or regulated by NRC.’’

[NRC—Office of General Counsel]

Response—It was determined by the

Committee that the present FRERP

language clearly states that the NRC is

the designated LFA and that no changes

in the wording are necessary.

Comment 18. In Section II.B.3.

Domestic Satellites Containing

Radioactive Materials on page 46088 the

word ‘‘domestic’’ should be deleted

from the title to read as ‘‘NASA/DOD

Satellites Containing Radioactive

Materials.’’ In addition, it is suggested

that wording be added to allow NASA

and DOD to determine on their own

who will be the LFA for missions that

involve a NASA payload on a DOD

launch vehicle or visa versa. [NASA]

Response—The Committee agreed to

strike the word ‘‘domestic’’ from the

title. With regard to joint NASA/DOD

satellite missions, it is the intent of the

Committee to allow NASA and DOD to

determine between themselves who will

be the LFA in the event of an accident.

Satellites that are not domestic are

discussed in II.B.4, ‘‘Impact from

Foreign or Unknown Source.’’

Comment 19. Section II.B.4. Impact

from Foreign or Unknown Source on

page 46088 needs to be revised to clarify

what is intended to be covered. The text

of that paragraph is inconsistent with its

title, which title suggests no direct

involvement by the United States.

Further, an explanation of ‘‘an ongoing

interest’’ and ‘‘intimately involved in

mission operations’’ in defining ‘‘joint’’

and ‘‘venture’’ is needed. Such a

definition may include cooperative

missions, for example, between the U.S.

and Russia, and, if so, then the

appropriate policy decisions need to be

made at the appropriate levels of the

Executive and Legislative Branches to

mandate this responsibility on our

government agencies. Coordination or

discussions with Executive Branch

high-level policy officials who are

responsible for such ‘‘ventures’’ are

needed prior to the finalization of this

policy. Also, this text and the

definitions should be cleared by such

officials. If not, it is recommended that

such coordination take place prior to

finalizing this FRERP, and that a better

understanding be attained as to what

U.S./foreign governments involvements

are contemplated here. [NASA]

Response—Per discussion with

NASA, the second paragraph in II.B.4.

was moved to II.B.3 to be more

consistent.

Comment 20. Table II–1,

Identification of Lead Federal Agency

for Radiological Emergencies on page

46089 should be changed to read

‘‘NASA/DOD’’ satellites instead of

‘‘Domestic’’ satellites. It is further

recommended that DOE be listed as an

LFA. [NASA]

Response—Per discussion with

NASA, the wording has been changed to

read ‘‘Satellites Containing * * *’’ with

NASA or DOD as the potential LFA.

Comment 21. Section II.C.

Radiological Sabotage and Terrorism on

page 46089 states that, ‘‘Sabotage and

terrorism are not treated as separate

types of emergencies; rather, they are

considered a complicating dimension of

the types listed in Table II–1.’’ Sabotage

and terrorism in our State is a real

possibility. There are miles and miles of

roads that transport nuclear weapons for

dismantling at our Hawthorne Facility.

I think that the threat is not a routine

radiological incident that becomes

complicated. It is planned and carried

out with due care. It cannot be treated

as a complicating dimension. These

incidents are not widely occurring,

however, with the situation overseas

nothing is for sure. I think you should

reconsider the Federal stand on this.

[Office of Emergency Management—

Department of Motor Vehicles and

Public Safety (Nevada)]

Response—The comment is correct in

that radiological sabotage and terrorism

are not routine radiological incidents

that become complicated. The intent of

the discussion was to indicate that the

emergency can involve any of the types

of emergencies listed and the response

is complicated because the LFA must

coordinate radiological response

activities with the FBI’s law

enforcement response activities. The

additional coordination results in a

more complicated response, which the

Committee feels is adequately

discussed.

Comment 22. The second paragraph

of Section II.C. Radiological Sabotage

and Terrorism should be clarified to

state that although the duties of the FBI

are to investigate and/or handle the

immediate threat they are not relieved

from the responsibility to protect

additional facilities or material not

immediately affected by an act of

sabotage or terrorism. [DOE]

Response—The purpose of the FRERP

is to describe overall coordination

mechanisms. It need not describe all of

the duties of each agency. The FBI is

satisfied that the FRERP discussion is

appropriate. Additional information on

distribution of response duties can be

found in MOUs between the FBI and

each LFA.

Comment 23. Section II.D. Response

Functions and Responsibilities on page

46089 does not identify which Federal

resources have a capability to mitigate a

release, only monitor and assess. A

section should address the agency’s

responsibility to mitigate a release to

prevent further loss of life or severe

effects to the public. [DOE]

Response—The Committee disagreed

with the need to make mitigating

statements in that all Federal and civil

agencies responsible for radiological

events take every step to mitigate a

release.

Comment 24. Section II.D.1. Onscene

Coordination on page 46089 states that

the LFA will coordinate with ‘‘onscene’’

actions and oversee ‘‘onsite’’ response,

but that DOE has the initial

responsibility for coordinating Federal

monitoring and assessment activities.

Again, does a request for DOE assistance

have to be made through NRC for a

power plant accident? [Department of

Nuclear Safety (Illinois)]

Response—The answer is No.

However, as stated in the response to

Comment 16 the preferred route for

requesting assistance is through the

designated LFA identified in Section

II.B. Determination of Lead Federal

Agency (LFA) on page 46088. Although

a call to any of the Federal agencies that

participate in this plan will result in

obtaining the necessary assistance, a call

to the LFA first will get quicker results

because, for the situation described in

the comment, the NRC will probably

already be in contact with DOE and

have it standing by to provide

assistance.

Comment 25. The third paragraph of

Section II.D.1. Onscene Coordination

should be revised to read ‘‘* * * (DOI)
20948 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

will provide liaison between the LFA

and Indian tribal governments except in

cases where existing agreements permit

direct communication * * *.’’ [NRC—

Office of Nuclear Materials Safety and

Safeguards]

Response—The Committee agrees and

has revised the first sentence to read,

‘‘In the absence of existing agreements

for radiological emergencies occurring

on or with possible consequences to

Indian tribal land, DOI will provide

liaison between Federally recognized

Indian tribal governments and LFA,

State, and local agencies for

coordination of response and protective

action efforts.’’

Comment 26. The last sentence in the

second paragraph of Section II.D.3.

Radiological Monitoring and

Assessment on page 46090 implies that

the affected State does not have the lead

response role in the event of the

activation of additional Federal

resources. It is recommended that the

last sentence be revised to read, ‘‘States

should be encouraged to allow the

FRMAC to collocate with their

radiological assessment activities.’’

[Virginia Power]

Response—The second paragraph of

Section II.A. Introduction on page 46088

states, ‘‘The concept of operations

recognizes the preeminent role of State

and local governments for determining

and implementing any measures to

protect life, property, and the

environment in areas not under the

control of a Federal agency.’’ As stated

in the response to Comment 15 this

applies to all aspects of a Federal

response to State and local requests for

assistance in responding to a

radiological emergency. The purpose of

the last sentence in the second

paragraph of Section II.D.3. Radiological

Monitoring and Assessment on page

46090 was to recommend that Federal

and State/local assets be collocated in

order to maximize the efficiency of the

response and to better protect public

health and safety and environmental

quality. It may be overwhelming for a

FRMAC with a working environment for

200 people to collocate with State

radiological assessment activities.

However, in order to address the

comment the sentence has been

reworded to read, ‘‘Federal Government

and States are encouraged to collocate

their radiological assessment activities

at this center.’’

Comment 27. Section II.D.3.a.(1)

Initial Response Coordination

Responsibility on page 46090 states

DOE will ‘‘maintain a common set of all

offsite radiological monitoring data

* * * and ensure the technical integrity

of the data.’’ The language should be

clarified to indicate the responsibility

refers to all offsite data gathered by DOE

and other Federal agencies. There is no

practical way DOE can ensure the

technical integrity of data gathered by

States or utilities unless DOE sets the

standards for all radiological monitoring

prior to implementation of the FRERP.

Such would not be a workable situation.

Likewise, the following section (d)

should clarify that DOE will provide

interpretations, etc., based on its own

data or that of other Federal agencies.

[Department of Nuclear Safety (Illinois)]

Response—The Committee agrees

with the recommendation to reword this

sentence to indicate that this

requirement applies only to data

gathered by the FRMAC and this change

has been made to the plan. However, the

Committee disagrees with the

recommendation to limit the

interpretation of monitoring data by the

FRMAC only to the data obtained by

Federal agencies. FRMAC staff will be

used to evaluate any available

monitoring data that becomes available

to them during the course of the

emergency. Likewise, State and local

staff should be free to use any and all

data that they have available regardless

of whether it comes from State or

Federal sources.

Comment 28. Section II.D.3.a.(2)

Transition of Response Coordination

Responsibility on page 46090 implies

that EPA will assume responsibility for

coordination only if the other Federal

agencies will provide resources,

personnel, and money for the long-term

duration. EPA should identify a

mechanism for controlling the costs

associated with these resources. If EPA

does not have the equipment, personnel,

and money to follow up and coordinate

the response, then why would any

agency commit to an open checkbook

with the past record that has been

demonstrated. These agencies should be

able to track and have input to the costs

incurred. [DOE]

Response—As Section I.D.6.

Reimbursement on page 46087 states,

‘‘The cost of each Federal agency’s

participation in support of the FRERP is

the responsibility of that agency, * * *’’

The Committee feels that this issue was

clearly stated as written and that the

mechanisms for tracking response costs

is an internal process specific to each

agency and therefore is best handled on

an agency-specific basis.

Comment 29. Section II.D.3.c. Role of

the Lead Federal Agency (LFA) on page

46090 should allow for the release of

official information to the local

governments also impacted or involved

in the event and not just to the State

agency, particularly if the local agency

asked for the assistance. It should

provide a mechanism to allow for

official release of information to the

local governments in an expedient

manner. [DOE]

Response—The Committee agrees

with this recommendation and

reworded the sentence to read ‘‘Approve

the release of official Federal offsite

monitoring data and assessments.’’ This

will allow the release of approved

material to all affected parties as quickly

as possible.

Comment 30. Section II.D.3.c. Role of

the Lead Federal Agency (LFA) on page

46090 states, ‘‘Approve the release of

official Federal offsite monitoring data

and assessments to the State.’’ In our

DOE exercise, this approval was so long

in the making that the exercise came to

a complete standstill and information

flow was not generated until after the

exercise. Again, you practice what you

will do in an actual emergency. Why

does the Lead Federal Agency need to

approve information released to the

State? Once something is released into

the environment it is no longer

classified. In order for the State to

respond to the incident, we must have

information to assist us in the necessary

response. Any delay in that information

flow could be lethal to the general

public as well as to the environment.

Information for the general public may

have to be screened so as not to panic

the private citizens, but information for

the responders needs to be timely and

complete. If the Lead Federal Agency is

screening information for security

purposes, they must remember to

forward this confirmed information

immediately to the states. [Nevada]

Response—The Committee agrees that

the timely release of accurate

information is very important. The Lead

Federal Agency is responsible for

clearing information to ensure that the

State and local responders receive

accurate and timely information. It is

the intent of the FRMAC and other

Federal response centers to release

information as soon as the correctness of

the information is verified.

Comment 31. Section II.D.3.d.(1)

USDA on page 46090 should clarify that

in each case USDA will assist the

affected States, in monitoring, collecting

samples, etc. These activities should not

be carried out independently by Federal

agencies. [Department of Nuclear Safety

(Illinois)]

Response—As stated in the response

to Comment 15, the role of the Federal

agencies is to support the State and

local governments response to the

emergency. Section II.D.3 states that

Federal offsite monitoring and

assessment activities will be
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20949

coordinated with those of the State and

that Federal procedures for

implementing this monitoring are

designed to be compatible with the

requirements of the State.

Comment 32. The second sentence in

Section II.D.4. Protective Action

Recommendations on page 46091

should be changed to read as follows:

‘‘This includes emergency actions such

as sheltering, evacuation, and guidance

on the use of radioactive substances

(e.g., thyroid blocking agents).’’ The

reason for this change is that iodine,

itself, is not given as a prophylactic

agent; typically, it is administered as

potassium iodide. [Westinghouse

Electric Corporation]

Response—The Committee agrees

with this recommendation and

reworded the sentence to address this

comment by inserting the word ‘‘stable’’

before ‘‘iodine.’’

Comment 33. The third sentence in

Section II.D.4.b. Role of the Advisory

Team for Environment, Food, and

Health on page 46091 states, ‘‘The

Advisory Team will not release

information to the public * * *’’ should

make clear that the Team releases no

information to the public without

authorization from the LFA after

consultation with the affected States. As

currently worded, it could be

interpreted that the Team could be

authorized to release information by

some agency other than the LFA.

[Department of Nuclear Safety (Illinois)]

Response—The Committee believes

that the wording is appropriate as

written. The Advisory Team is

prohibited from releasing any

information to the public without the

express permission of the LFA. Even if

the Advisory Team receives permission

to release information/recommendations

from a Federal agency that has

jurisdiction in a specific area it cannot

release the information/

recommendations until the LFA has also

approved its release.

Comment 34. Section II.D.4.b. Role of

the Advisory Team for Environment,

Food, and Health on page 46091 should

be modified to reflect that re-entry is

part of the mitigation efforts as

determined by the incident commander

and command staff, which is comprised

of the agencies directly involved. Nonemergency re-entry is part of the

recovery planning process and should

be addressed under that planning.

Please clarify this section to state this is

for emergency re-entry or nonemergency re-entry. [DOE]

Response—The LFA will assist the

State and local authorities (including

the incident commander), if requested,

by advising them on such issues as

reentry to perform mitigation activities.

The Advisory Team agencies have

expertise and experience to assist the

LFA in developing the advice. The

paragraph was intended to list the areas

of expertise of the Advisory Team. It

does not imply that the Advisory Team

will perform those functions.

Comment 35. Section II.D.4.b. Role of

the Advisory Team for Environment,

Food, and Health on page 46091 states

that the Advisory Team will select a

‘‘chairman.’’ This should be changed to

read ‘‘chair or chairperson or team

leader’’ in accordance with Government

guidelines. [NASA]

Response—The Committee agrees and

replaced ‘‘chairman’’ with ‘‘chair.’’

Comment 36. The first sentence in

Section II.D.4.b. Role of the Advisory

Team for Environment, Food, and

Health on page 46091 should be

changed to read as follows: ‘‘The

Advisory Team is established by

representatives from EPA, HHS, USDA,

and other Federal agencies as needed for

the provision of interagency coordinated

advice to the LFA concerning

environmental, food and health

matters.’’ The deletion of LFA from the

list of representatives makes the

wording consistent with Section

II.D.4.b. and Appendix B—Definitions.

[Westinghouse Electric Corporation]

Response—The FRERP establishes the

concept of the Advisory Team. The

current wording was carefully written to

assure that the Advisory Team is

available to the LFA when the LFA

needs advice. The Advisory Team is not

established by EPA, HHS, and USDA,

but is always available to support the

LFA.

Comment 37. In Section II.D.4.b. Role

of the Advisory Team for Environment,

Food, and Health on page 46091 the

wording of (6) should be changed to

read as follows: ‘‘(6) Recommendations

for minimizing losses of agricultural

resources from the effects of radioactive

contamination.’’ The effects of the

accident on agricultural resources will

be from the radioactive contamination

on or in the food that could result in

unacceptable internal exposure from

eating the food. The health effects

would not result from the exposure of

the food to radiation, which would have

no effect. [Westinghouse Electric

Corporation]

Response—The Committee felt the

present wording was appropriate and no

change was necessary.

Comment 38. Section II.D.5.b. Role of

Other Federal Agencies on page 46091

should be revised by adding a statement

that the types of available support listed

here supplements the roles/

responsibilities of these agencies which

are outlined in the Federal Response

Plan. [FEMA—Region VII]

Response—The types of available

support listed in this section are

intended to describe the many nonradiological activities that FEMA will

coordinate. In fact, there may be other

activities not listed here that FEMA will

also coordinate. FEMA will provide

guidance on how it will accomplish that

coordination in supporting documents.

Comment 39. The lead paragraph in

II.D.5.b. Role of Other Federal Agencies

on page 46091 contains the statement,

‘‘The following types of assistance not

related to radiological monitoring and

assessment that may be provided by

Federal agencies as needed or

requested.’’ However, under the

departmental listing are the following

direct references related to radiological

monitoring and assessment activities:

(1) USDA, item (e),

(2) DOC, ‘‘loaning radiation shielding

materials’’ for what purpose?

(3) DOD, advice on proper medical

treatment of personnel exposed to or

contaminated by radioactive materials,

(4) DOE, advice on medical treatment

of personnel exposed to or

contaminated by radioactive materials,

(5) HHS, (c) study of exposed

populations, (d) medical advice, (e)

assessing health impacts.

These are all areas of legitimate

Federal activity, but they should be

listed among the direct radiological

monitoring and assessment

responsibilities of these agencies, not

under the non-technical support roles.

[Department of Nuclear Safety (Illinois)]

Response—The Committee

understands the confusion and

reworded the sentence to read, ‘‘The

following indicates other types of

assistance that may be provided by

Federal agencies as needed or

requested:’’

Comment 40. Sections II.D.5.b.(1)

Department of Agriculture on page

46091 and paragraph A.2.(14) in

Appendix C on page 46101 state

temporary housing is a responsibility of

the Department of Agriculture (USDA).

Is that true? [FEMA—Region VII]

Response—USDA is a potential

source of temporary housing resources.

Through its farm loan programs the

USDA typically has a number of

repossessed properties that may be

available for use as temporary housing

in emergency situations. Although

housing is not the primary

responsibility of USDA, it does have

resources that could be beneficial and

should be factored into Federal response

assets.

Comment 41. Section II.D.5.b.(7)

Department of Interior (DOI) on page
20950 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

46092 should include DOI’s

responsibility concerning Indian lands.

[FEMA-Region VII]

Response—The Committee revised

this section to include Indian tribal

lands.

Comment 42. The second paragraph

of Section II.D.6. Public Information

Coordination on page 46092 should

clarify that if it is deemed necessary to

release Federal information regarding

public health and safety prior to

establishment of a Federal presence at

the JIC, any such release must be

coordinated through the LFA and the

States before it is made. States, in

compliance with NUREG–0654 for fixed

nuclear facilities, already have in place

a mechanism for coordinated

dissemination of public information

during an emergency. Any attempt by

the Federal Government to release

information outside of this mechanism

has the potential for causing confusion

for State authorities and the public.

[Department of Nuclear Safety (Illinois)]

Response—The Committee agrees

with the comment and has revised the

sentence in that paragraph to read, ‘‘In

these instances, Federal agencies will

coordinate with the LFA and the State

in advance or as soon as possible after

the information has been released.’’

Comment 43. Section II.D.7.b. White

House Coordination on page 46093

states that FEMA submits information

concerning the non-technical response

to the Lead Federal Agency for

inclusion in the reports to the White

House. Does this eliminate the

requirement for FEMA SITREP reporting

(from the DFO and/or Regional

Operations Centers) under the FRERP?

[FEMA—Region VII]

Response—No, this section does not

apply to the generation of reports under

other response plans. In those situations

in which the FRP and FRERP are both

being used the Radiological

Emergencies Annex to the FRP, which

is under development, should be

consulted to determine the appropriate

mechanism for developing White House

reports and briefings.

Comment 44. The wording in

II.E.1.a.(3) and on page 46093 is

duplicated in E.2.a. (1) and (2). Delete

E.1.a. (3) and (4). [Yankee Atomic

Electric Company]

Response—The Committee recognizes

that this was indeed a duplication, but

that it was appropriate to keep as

written.

Comment 45. Step (4) of Section

II.E.1.a. Role of the Lead Federal Agency

on page 46094 under requires the LFA

to ‘‘Verify that the State has been

notified.’’ That verification step by the

LFA is not reflected in Figure II–1.

Notification Process. The figure

indicates that only FEMA is required to

verify State and local notification.

[Department of Nuclear Safety (Illinois)]

Response—The Committee agrees and

Figure II–1 has been changed as

appropriate.

Comment 46. Figure II–1, Notification

Process, on page 46095 should not

reflect that the Lead Federal Agency

must notify the State and local response

organizations. The State and local

response organizations are notified by

the onsite organization, which may be

the Lead Federal Agency. The

verification is specified to be performed

by FEMA. This diagram indicates

duplication of activities that could be

resolved by the clarification

recommended above. [Yankee Atomic

Electric Company]

Response—It is true that for fixed

facilities, the onsite organization

notifies the State and local response

organizations. The FRERP also covers

transportation accidents and unknown

source emergencies. In these cases, the

LFA may be the first to receive direct

notification from local police or a

member of the public. Anyone at any

level of government or private industry

or any member of the general public

may call and request Federal assistance

under the FRERP. In fact, there have

been numerous situations in which the

EPA, as the LFA, has received

notification from private individuals

and organizations about potential

radiological emergency situations. In

each of these cases, EPA’s first action is

to inform the individual or organization

to call the appropriate State or local

agency. EPA then also calls the State or

local agency to ensure that they are

notified of the situation. The current

wording assures that the State and local

organizations are notified under all

potential emergencies.

Comment 47. Section II.E.2.

Activation and Deployment on page

46096 has FEMA, as well as the LFA,

and other Federal agencies initially

coordinating response actions from

‘‘their headquarters locations, usually

from their respective headquarters

EOCs.’’ Under the Regional Response

Plan, coordination would be from the

Regional Operations Center, which

would be activated by the Regional

Director, and staffed with ESF

Departments and Agencies at the

Regional level. [FEMA—Region II]

Response—The FRERP statement is

true for many of the LFAs in the early

phase of a Federal response even if this

response is little more than to receive

the first notification and notify the

affected region. In fact, one LFA does

not have regions. No changes were made

because the majority of LFAs respond

this way even for a short time.

Comment 48. Section II.E.2.a. Role of

Lead Federal Agency (LFA) on page

46096 should be revised by adding

words that indicate that the Federal

Onscene Commander will be the Senior

Agency Official for this mishap/

accident. [NASA]

Response—The use of the term

Federal Onscene Commander was

chosen to indicate that the FRERP is

consistent with the Incident Command

System that is used by most State and

local organizations. The concept and

duties of an OSC are understood by

State and local organizations. It is the

intent of the FRERP that agencies adopt

the FRERP terminology as much as

possible in order to standardize the

Federal response.

Comment 49. Section II.E.2.b. Role of

the Federal Emergency Management

Agency (FEMA) on page 46096 has

FEMA deploying ERT–A, although there

is still no mention of the Regional

Office, and establishing a DFO, although

there is no mention of a Stafford Act

Declaration in this regard. [FEMA—

Region II]

Response—The Committee

understands the concerns expressed by

the comment and is deleting the

deployment of the ERT–A and

establishment of the DFO from this

section.

Comment 50. Section II.E.3. Response

Operations on page 46096 should be

revised by adding a statement to

indicate that, during the initial stages of

response (i.e., first 48 to 72 hours),

FEMA and other appropriate nontechnical Federal agencies will

coordinate their response from the Joint

Operations Center. This will contribute

to more effective coordination, between

the Lead Federal Agency and FEMA, of

on-site and off-site activities, including

public information concerns during the

critical stages of an incident. [FEMA—

Region VII]

Response—The FRERP was written to

take advantage of systems already in

place. Although the Joint Operations

Center is a new term in the FRERP,

these facilities have long been identified

for LFA emergency response. They

cannot always accommodate all

response activities. Some are not owned

by or under the control of the LFA.

Some are located on protected property

that could pose logistical problems for

access and use. FEMA also has a system

in place to fulfill its non-radiological

functions. It was determined that it

would be efficient to maintain those

systems and share information with the

extensive use of liaisons. Participating
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20951

agencies should exercise with liaisons

to develop those coordination skills.

Comment 51. Section II.E.3. Response

Operations on page 46096 has FEMA

and OFA liaison and support of

response operations coming out of their

headquarters offices, with exchange of

liaisons at EOCs to support onscene

operations. They may ‘‘also activate a

regional or field office EOC in support

of the emergency.’’ This may be entirely

appropriate for the FRERP, but has little

to do with the FRP. [FEMA—Region II]

Response—Section II.E.3 was written

in broad terms so that existing agency

plans could be used without major

changes. The terms ‘‘will generally’’ and

‘‘may also activate’’ allow flexibility to

adopt the FRERP as each agency deems

appropriate.

Comment 52. Section II.E.3. Response

Operations on page 46096 should use

correct outline form. [USDA]

a.

(1)

(a)

etc.

Response—The Committee agrees that

the correct format should be used and

the plan was reviewed to ensure that the

appropriate format was followed.

Comment 53. Section II.E.3. Response

Operations, b. Disaster Field Office

(DFO) on page 46098 states that a

Disaster Field Office will be established

by FEMA, ‘‘in coordination with the

State and local authorities and other

Federal Agencies.’’ Again, there is no

mention of a declaration in regard to

establishing a DFO. Furthermore, the

description of the DFO’s coordinating

function does not mention the ESFbased operation envisaged under the

FRP. Is it the intention of this plan to

establish a DFO for the FRERP in the

absence of a declaration? How does this

provision relate to the activation ‘‘of a

regional or field office EOC in support

of the emergency’’ described on above?

[FEMA—Region II]

Response—FEMA will use the

structures of the FRP to provide the

appropriate level and type of resources

needed to support its role under the

FRERP and to meet the requirements of

the situation. Initially, FEMA will

implement its monitoring and

coordination functions from a ROC,

State EOC or other facility. A DFO will

be established in conjunction with an

emergency or disaster declared and the

appointment of a Federal Coordinating

Officer.

Comment 54. Section II.E.3.b. Disaster

Field Office (DFO) on page 46098 states

that the Senior FEMA Official (SFO) is

the official in charge of the DFO without

a Stafford Act Declaration. However,

with a Stafford Act Declaration, the

Federal Coordinating Officer (FCO) is

the designated authority. This paragraph

should be clarified accordingly.

[FEMA—Region VII]

Response—The comment is correct.

The Senior FEMA Official is in charge

of the coordination function without a

Stafford Act declaration and the FCO is

in charge of this function from a DFO

with a Stafford Act declaration.

Comment 55. The section heading

II.E.3.d. Advisory Team on

Environment, Food, and Health on page

46098 should be Change to: ‘‘d.

Advisory Team for Environment, Food,

and Health.’’ [USDA]

Response—The Committee accepted

the recommendation and made

necessary changes.

Comment 56. The first sentence in

Section II.E.3. Response Operations, d.

Advisory Team on Environment, Food,

and Health on page 46098 should be

revised by deleting the term ‘‘LFA’’ (not

on the team, supported by the team).

[USDA]

Response—The Committee accepted

this recommendation and made the

change.

Comment 57. The first paragraph of

Section II.E.4. Response Deactivation on

page 46098 states, ‘‘Each agency will

discontinue emergency response

operations when advised that Federal

assistance is no longer required or when

its statutory responsibilities have been

fulfilled.’’ The language is vague and

subjective. It should be clarified to state

who makes the determination and on

what basis. It is suggested that agencies

discontinue emergency response

operation after determining in

consultation with the State(s) that

initially requested support, that Federal

assistance is no longer required.

Sections b., c., d., and e. all provide

criteria for discontinuance of specific

functions and facilities, while Section a.

does not. [Department of Nuclear Safety

(Illinois)]

Response—The Committee believes

that the criteria in paragraphs b. through

e. provide adequate discussion of the

criteria for the termination of Federal

responses at those facilities. Paragraph

a. is applicable to paragraphs b. through

e.

Comment 58. In Section II.E.5.

Recovery on page 46098 should EPA be

listed along with the State as being

responsible for planning the recovery of

the affected area? [USDA]

Response—No, the EPA’s philosophy

is that they will support State and local

governments, if and when requested,

during environmental restoration

activities.

Comment 59. Appendix A—

Acronyms on page 46099 should

contain all the acronyms used in the

plan (e.g., GIS). [NASA]

Response—The Committee agrees

with this comment and will review the

plan to ensure that all acronyms are

listed in Appendix A.

Comment 60. In Appendix B—

Definitions the definition for ‘‘onsite’’

on page 460100 may not be adequate.

The definition of ‘‘onsite’’ given in the

FRERP, which is based on jurisdiction,

is somewhat different than the

definition typically used when

considering packaging of radioactive

waste for the Department of Energy,

which is based on ‘‘access control.’’ An

example of where a jurisdiction-based

definition may not be adequate: If a site

does not have Access Control

Boundaries (e.g., physical barriers or

security guards), then the area does not

qualify as ‘‘onsite’’ relative to being

exempt from DOE packaging

regulations. [Westinghouse Electric

Corporation]

Response—The Committee believes

the current definition of ‘‘onsite’’ in the

FRERP is appropriate for its intended

use under this plan and that no change

was necessary.

Comment 61. In Appendix B—

Definitions the definition of Protective

Action Guide (PAG) on page 46100

should cite applicable EPA and FDA

references for PAGs. [FEMA-Region VII]

Response—The definition of

Protective Action Guide (PAG) is not

limited to EPA and FDA PAGs but

acknowledges State PAGs may exist.

Comment 62. The second sentence in

Section A.1. Summary of Response

Mission in Appendix C on page 46100

should be changed to read: ‘‘USDA will

actively participate with EPA and HHS

on the Advisory Team * * *, when

convened.’’ [USDA]

Response—The Committee agrees

with this recommendation and made the

change.

Comment 63. The fourth reference

listed in Section D.3. DOE References of

Appendix C on page 46102 should be

changed to read as follows: ‘‘(4) DOE

Order 5500.4A, Public Affairs Policy

and Planning Requirements for

Emergencies, June 1992 which

supersedes the cited reference.’’

[Westinghouse Electric Corporation]

Response—The Committee agreed

with this recommendation and made the

change.

Comment 64. The first sentence of

Section J.2. Capabilities and Resources

in Appendix C on page 46104 should be

revised to read: ‘‘DOT is responsible for

working with the International Atomic

Energy Agency * * *’’ [USDA]
20952 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

Response—The Committee agreed

with this recommendation and made the

change.

Comment 65. Revise reference 1 in

Section O.3. NASA References in

Appendix C on page 46106 to read ‘‘(1)

KHB 1860.1B.’’ [NASA]

Response—The Committee agreed

with this recommendation and made the

change.

Comment 66. Revise the second

authority in Section O.4. NASA Specific

Authorities in Appendix C on page

46106 read: ‘‘(2) NHB 1700.1(V1–B)

NASA Safety Policy and Requirements

Document.’’ [NASA]

Response—The Committee agreed

with this recommendation and made the

change.

Comment 67. Pursuant to 44 CFR Part

350, State and local jurisdictions that

fall within the emergency planning

zones of commercial nuclear facilities

are required to develop and maintain

comprehensive radiological emergency

response capabilities. These capabilities

are required to be demonstrated during

Federally evaluated exercises to provide

continued reasonable assurance of the

health and safety of the public.

Typically, this capability is

demonstrated without full regard to the

Federal resources that would be

provided by the activation of the

FRERP. To assist in the prevention of

potential coordination difficulties at the

State level, it is recommended that

FEMA be given the responsibility to

provide personnel to simulate the

involvement of the various Federal

agencies. Another alternative would be

to establish measures for supporting a

smooth integration of Federal resources.

This could include the evaluation and

demonstration of the interactions

between FRERP, State, local, and other

involved agencies.

It is recommended that the FRERP be

revised to address the issuance of

emergency public information related to

an emergency at a fixed nuclear site.

Emergency public information provided

by any Federal agency should be either

limited to the coordinated issuance of

information through the Joint

Information Center or restricted to

information not associated with

response actions, emergency conditions

at the facility, or pertaining to protective

action recommendations, or their bases,

in any way. Without this control of

emergency information, the flow of

coordinated and consistent information

to the public could be easily

compromised. [Virginia Power]

Response—Federal agencies are

encouraged to participate in exercises to

the extent they are able in order to test

coordination functions. It would not be

helpful to an agency if FEMA acted for

them in exercises. State and Federal

agencies should cooperate in planning

exercises that test coordination

activities.

The Committee understands the

concern about the uncoordinated release

of public information during a

radiological emergency. It also believes

that the Section II.D.6. Public

Information Coordination on page 46092

adequately states how the Federal

agencies will address this issue.

Moreover, LFAs are expected to develop

supporting documents that provide

details on how they intend to

implement their public information

coordination responsibilities described

in the FRERP.

Comment 68. Section II.E.3. Response

Operations, which begins on page 46096

should be revised to clarify how data

will be transferred between the FRMAC,

JIC, DFO, and EOF and whether or not

these facilities will be colocated or

located in different areas. [Department

of Health—Nebraska]

Response—The FRERP is a plan that

is designed to provide the basic

framework for coordinating the Federal

response to a radiological emergency. It

is not a detailed operating procedure.

The location of these facilities is

dependent upon many factors—the

nature of accident, the geographical

location of affected areas, the type and

amount of radionuclide(s) released, the

availability of appropriate facilities, etc.

Because of this large number of factors

it is impossible to tell beforehand how

these facilities will be positioned.

FRMAC operations documents provide

details for transferring data among

emergency response facilities when

authorized by the State and the LFA.

Comment 69. Only the Governor or

Director of Radiological Health can

activate the FRERP on behalf of the

State of Mississippi. This limit on

activation authority should be retained.

The ability of a newly elected Civil

Defense Director to activate the FRERP

could create unnecessary confusion.

[Department of Health—Mississippi]

Response—It is not the intent of the

FRERP to restrict who may request

Federal assistance in responding to a

radiological emergency. If the State of

Mississippi wishes to place a limitation

on who among its professional staff can

request Federal assistance that is their

prerogative. However, the signatory

agencies to the FRERP will always

respond to requests for assistance from

any level of State or local government or

private industry.

The FRERP is not a plan that is

activated by some specific action,

request, or criteria having been met. The

FRERP is intended to be used whenever

any signatory Federal agency responds

to a radiological emergency no matter

what size. This assures that notification,

coordination, sharing information, and

reporting activities are not overlooked

in any response.

Comment 70. The NRC contributes

very little to the offsite management of

an accident at a commercial nuclear

power plant. Although they have given

themselves the lead role as

spokesperson in the JIC, they do not

drill with the State. Therefore they

should not come in during an actual

event and take over the management of

the media. [Department of

Health—Mississippi]

Response—It is not the intent of the

FRERP to have the NRC or any other

LFA to manage the JIC or the media.

Rather, the LFA is expected to

coordinate the Federal public

information at the JIC. This activity is

coordinated with the State

representatives to ensure that the public

has the latest and most accurate

information.

Comment 71. Who takes over the

radiological monitoring and assessment

activities under the FRERP if DOE is

dissolved? Will this activity go away or

will the functions be transferred to

another agency? [Department of

Health—Mississippi]

Response—The FRERP was written

based on the current structures and

functions of the various agencies and

departments that are signatories to the

plan. If any of these agencies should be

dissolved the remaining agencies will

review the situation and address any

deficiencies that may result. If the

changes are severe enough the plan may

be revised.

Comment 72. Recent experiences with

radiological incidents in Michigan have

led to confusion and problematic

jurisdictional issues arising from

implementation of the revised FRERP.

For example, the Michigan Department

of Public Health was forced to make a

determination on the radiological

consequences of a contaminated rail car

because the EPA and NRC regional

offices felt they had no authority to

make a determination based on their

understanding of the FRERP. Also,

during a bomb-scare incident involving

radioactive material (thorium) the NRC

claimed they had no responsibility

pursuant to the FRERP and that EPA

was the Lead Federal Agency. It is

unclear whether EPA is properly

prepared to provide such assistance,

both from a resource perspective and a

regulatory jurisdiction perspective for

emergencies involving AEA materials

for which no licensee has been
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20953

identified. Although Michigan supports

the FRERP concept and welcomes the

availability of Federal resources for

responding to radiological emergencies,

we are very concerned that

implementation of the current FRERP

may be premature, resulting in

unnecessary confusion and inefficient

management of actions necessary for

adequate public health protection.

[Department of Public Health—

Michigan]

Response—The Committee

understands the concerns expressed.

However, we believe that most of these

concerns represent ‘‘growing pains’’ as

the various Federal agencies adapt to

their new roles and responsibilities. The

Committee strongly believes that the

revised FRERP will result in providing

improved Federal support to State and

local governments.

Comment 73. The definition of

emergency in the FRERP appears to

include any situation that may result in

substantial damage to or loss of

property. The key qualifier in the

definition being the word ‘‘substantial’’

which is extremely subjective and

imparts a vague context to the entire

FRERP. It is now unclear whether the

FRERP is, or is intended to be, a new

Federal mechanism to address

radiologically contaminated sites vis a`

vis the NRC’s Site Decommissioning

Management Plan, DOE’s Formerly

Utilized Sites Remedial Action Program,

or EPA’s National Priorities List under

Superfund. [Department of Health—

Michigan]

Response—The definition of

emergency was written to be vague in

order to provide flexibility to the

Federal Government in responding to

State and local requests for assistance.

Because the level of expertise and

available resources varies significantly

from one State to another, what might

be substantial to one State might not be

substantial to another. Also, who would

determine what is substantial—the State

or the Federal Government. By leaving

the definition vague the affected State

and local governments and the Federal

Government can work together to

develop the appropriate level of

response based on the specific

characteristics of the emergency at

hand. With regard to using the FRERP

to address radiologically contaminated

sites—that is not its purpose. Generally

speaking these sites do not present an

imminent danger to the health and

safety of the general public and

therefore do not qualify as emergencies,

even though the cost to clean them up

may be significant. Therefore, the

cleanup of contaminated land should be

accomplished in accordance with other

mechanisms.

Comment 74. The comments received

by FEMA on the proposed revisions to

the FRERP should be shared with all

parties that may be directly affected by

the implementation of the FRERP.

[Department of Public Health—

Michigan]

Response—The Committee agrees

with this comment. All of the significant

comments received by FEMA, along

with the Federal response, will be

published with the final FRERP as soon

as it is approved.

Dated: May 1, 1996.

James L. Witt,

Director.

Accordingly, the Federal Emergency

Management Agency gives notice that

the Federal Radiological Emergency

Response Plan is operational. The text

of the Plan reads as follows.

Table of Contents

Table of Contents

List of Figures

List of Tables

Statements of Consideration

I. Introduction and Background

A. Introduction

B. Participating Federal Agencies

C. Scope

D. Plan Considerations

1. Public and Private Sector Response

2. Coordination by Federal Agencies

3. Federal Agency Authorities

4. Federal Agency Resource Commitments

5. Requests for Federal Assistance

6. Reimbursement

E. Training and Exercises

F. Relationship to the Federal Response

Plan (FRP)

1. Without a Stafford Act Declaration

2. With a Stafford Act Declaration

G. Authorities

II. Concept of Operations

A. Introduction

B. Determination of Lead Federal Agency

(LFA)

1. Nuclear Facility

a. Licensed by Nuclear Regulatory

Commission (NRC) or an Agreement

State

b. Owned or Operated by DOD or DOE

c. Not Licensed, Owned, or Operated by a

Federal Agency or an Agreement State

2. Transportation of Radioactive Materials

a. Shipment of Materials Licensed by NRC

or an Agreement State

b. Materials Shipped by or for DOD or DOE

c. Shipment of Materials Not Licensed or

Owned by a Federal Agency or an

Agreement State

3. Satellites Containing Radioactive

Materials

4. Impact from Foreign or Unknown Source

5. Other Types of Emergencies

C. Radiological Sabotage and Terrorism

D. Response Functions and

Responsibilities

1. Onscene Coordination

2. Onsite Management

3. Radiological Monitoring and Assessment

a. Role of Department of Energy (DOE)

b. Role of the Environmental Protection

Agency (EPA)

c. Role of the Lead Federal Agency (LFA)

d. Role of Other Federal Agencies

4. Protective Action Recommendations

a. Role of the Lead Federal Agency (LFA)

b. Role of the Advisory Team for

Environment, Food, and Health

5. Other Federal Resource Support

a. Role of the Federal Emergency

Management Agency (FEMA)

b. Role of Other Federal Agencies

6. Public Information Coordination

a. Role of the Lead Federal Agency (LFA)

b. Role of the Federal Emergency

Management Agency (FEMA)

c. Role of Other Participating Agencies

7. Congressional and White House

Coordination

a. Congressional Coordination

b. White House Coordination

8. International Coordination

9. Response Function Overview

E. Stages of the Federal Response

1. Notification

a. Role of the Lead Federal Agency (LFA)

b. Role of the Federal Emergency

Management Agency (FEMA)

2. Activation and Deployment

a. Role of the Lead Federal Agency (LFA)

b. Role of Federal Emergency Management

Agency (FEMA)

c. Role of Other Federal Agencies

3. Response Operations

a. Joint Operations Center (JOC)

b. Disaster Field Office (DFO)

c. Federal Radiological Monitoring and

Assessment Center (FRMAC)

d. Advisory Team for Environment, Food

and Health

e. Joint Information Center (JIC)

4. Response Deactivation

5. Recovery

Appendix A Acronyms

Appendix B Definitions

Appendix C Federal Agency Response

Missions, Capabilities and Resources,

References, and Authorities

List of Figures

II–1 Notification Process

II–2 Onscene Response Operations

Structure

List of Tables

II–1 Identification of Lead Federal

Agency for Radiological Emergencies

II–2 Response Function Overview

I. Introduction and Background

A. Introduction

The objective of the Federal

Radiological Emergency Response Plan

(FRERP) is to establish an organized and

integrated capability for timely,

coordinated response by Federal

agencies to peacetime radiological

emergencies.

The FRERP:

1. Provides the Federal Government’s

concept of operations based on specific

authorities for responding to

radiological emergencies;

2. Outlines Federal policies and

planning considerations on which the
20954 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

concept of operations of this Plan and

Federal agency specific response plans

are based; and

3. Specifies authorities and

responsibilities of each Federal agency

that may have a significant role in such

emergencies.

There are two Sections in this Plan.

Section I contains background,

considerations, and scope. Section II

describes the concept of operations for

response.

B. Participating Federal Agencies

Each participating agency has

responsibilities and/or capabilities that

pertain to various types of radiological

emergencies. The following Federal

agencies participate in the FRERP:

1. Department of Agriculture (USDA);

2. Department of Commerce (DOC);

3. Department of Defense (DOD);

4. Department of Energy (DOE);

5. Department of Health and Human

Services (HHS);

6. Department of Housing and Urban

Development (HUD);

7. Department of the Interior (DOI);

8. Department of Justice (DOJ);

9. Department of State (DOS);

10. Department of Transportation

(DOT);

11. Department of Veterans Affairs (VA);

12. Environmental Protection Agency

(EPA);

13. Federal Emergency Management

Agency (FEMA);

14. General Services Administration

(GSA);

15. National Aeronautics and Space

Administration (NASA);

16. National Communications System

(NCS); and

17. Nuclear Regulatory Commission

(NRC).

C. Scope

The FRERP covers any peacetime

radiological emergency that has actual,

potential, or perceived radiological

consequences within the United States,

its Territories, possessions, or territorial

waters and that could require a response

by the Federal Government. The level of

the Federal response to a specific

emergency will be based on the type

and/or amount of radioactive material

involved, the location of the emergency,

the impact on or the potential for impact

on the public and environment, and the

size of the affected area. Emergencies

occurring at fixed nuclear facilities or

during the transportation of radioactive

materials, including nuclear weapons,

fall within the scope of the Plan

regardless of whether the facility or

radioactive materials are publicly or

privately owned, Federally regulated,

regulated by an Agreement State, or not

regulated at all. (Under the Atomic

Energy Act of 1954 [Subsection 274.b.],

the NRC has relinquished to certain

States its regulatory authority for

licensing the use of source, byproduct,

and small quantities of special nuclear

material.)

D. Plan Considerations

1. Public and Private Sector Response.

For an emergency at a fixed nuclear

facility or a facility not under the

control of a Federal agency, State and

local governments have primary

responsibility for determining and

implementing measures to protect life,

property, and the environment in areas

outside the facility boundaries. The

owner or operator of a nuclear facility

has primary responsibility for actions

within the boundaries of that facility,

for providing notification and advice to

offsite officials, and for minimizing the

radiological hazard to the public.

For emergencies involving an area

under Federal control, the responsibility

for onsite actions belongs to a Federal

agency, while offsite actions are the

responsibility of the State or local

government.

For all other emergencies, the State or

local government has the responsibility

for taking emergency actions both onsite

and offsite, with support provided,

upon request, by Federal agencies as

designated in Section II of this plan.

2. Coordination by Federal Agencies.

This Plan describes how the Federal

response to a radiological emergency

will be organized. It includes guidelines

for notification of Federal agencies and

States, coordination and leadership of

Federal response activities onscene, and

coordination of Federal public

information activities and Congressional

relations by Federal agencies. The Plan

suggests ways in which the State, local,

and Federal agencies can most

effectively integrate their actions. The

degree to which the Federal response is

merged or to which activities are

adjusted will be based upon the

requirements and priorities set by the

State.

Appropriate independent emergency

actions may be taken by the

participating Federal agencies within

the limits of their own statutory

authority to protect the public,

minimize immediate hazards, and

gather information about the emergency

that might be lost by delay.

3. Federal Agency Authorities. Some

Federal agencies have authority to

respond to certain situations affecting

public health and safety with or without

a State request. Appendix C of this Plan

cites relevant legislative and executive

authorities. This Plan does not create

any new authorities nor change any

existing ones.

A response to radiological

emergencies on or affecting Federal

lands not occupied by a government

agency should be coordinated with the

agency responsible for managing that

land to ensure that response activities

are consistent with Federal statutes

governing the use and occupancy of

these lands. This coordination is

necessary in the case of Indian tribal

lands because Federally recognized

Indian tribes have a special relationship

with the U.S. Government, and the State

and local governments may have limited

or no authority on their reservations.

In the event of an offsite radiological

accident involving a nuclear weapon,

special nuclear material, classified

components, or all three, the owner

(either DOD, DOE, or NASA) will

declare a National Defense Area (NDA)

or National Security Area (NSA),

respectively, and this area will become

‘‘onsite’’ for the purposes of this plan.

NDAs and NSAs are established to

safeguard classified information, and/or

restricted data, or equipment and

material. Establishment of these areas

places non-Federal lands under Federal

control and results only from an

emergency event. It is possible that

radioactive contamination would extend

beyond the boundaries of these areas.

In accordance with appropriate

national security classification

directives, information may be classified

concerning nuclear weapons, special

nuclear materials at reactors, and certain

fuel cycle facilities producing military

fuel.

4. Federal Agency Resource

Commitments. Agencies committing

resources under this Plan do so with the

understanding that the duration of the

commitment will depend on the nature

and extent of the emergency and the

State and local resources available.

Should another emergency occur that is

more serious or of higher priority (such

as one that may jeopardize national

security), Federal agencies will reassess

resources committed under this Plan.

5. Requests for Federal Assistance.

State and local government requests for

assistance, as well as those from owners

and operators of radiological facilities or

activities, may be made directly to the

Federal agencies listed in Table II–1,

FEMA, or to other Federal agencies with

whom they have preexisting

arrangements or relationships.

6. Reimbursement. The cost of each

Federal agency’s participation in

support of the FRERP is the

responsibility of that agency, unless

other agreements or reimbursement

mechanisms exist. GSA will be
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20955

reimbursed for supplies and services

provided under this Plan in accordance

with prior interagency agreements.

E. Training and Exercises

Federal agencies, in conjunction with

State and local governments, will

periodically exercise the FRERP. Each

agency will coordinate its exercises with

the Federal Radiological Preparedness

Coordinating Committee’s (FRPCC’s)

Subcommittee on Federal Response to

avoid duplication and to invite

participation by other Federal agencies.

Federal agencies will assist other

Federal agencies and State and local

governments with planning and training

activities designed to improve response

capabilities. Each agency should

coordinate its training programs with

the FRPCC’s Subcommittee on Training

to avoid duplication and to make its

training available to other agencies.

F. Relationship to the Federal Response

Plan (FRP)

1. Without a Stafford Act Declaration.

Federal agencies will respond to

radiological emergencies using the

FRERP, each agency in accordance with

existing statutory authorities and

funding resources. The LFA has

responsibility for coordination of the

overall Federal response to the

emergency. FEMA is responsible for

coordinating non-radiological support

using the structure of the Federal

Response Plan (FRP).

2. With a Stafford Act Declaration.

When a major disaster or emergency is

declared under the Stafford Act and an

associated radiological emergency

exists, the functions and responsibilities

of the FRERP remain the same. The LFA

coordinates the management of the

radiological response with the Federal

Coordinating Officer (FCO). Although

the direction of the radiological

response remains the same with the

LFA, the FCO has the overall

responsibility for the coordination of

Federal assistance in support of State

and local governments using the FRP.

G. Authorities

The following authorities are the basis

for the development of this Plan:

1. Nuclear Regulatory Commission

Authorization, Public Law 96–295, June

30, 1980, Section 304. This

authorization requires the President to

prepare and publish a ‘‘National

Contingency Plan’’ (subsequently

renamed the FRERP) to provide for

expeditious, efficient, and coordinated

action by appropriate Federal agencies

to protect the public health and safety

in case of accidents at commercial

nuclear power plants.

2. Executive Order (E.O.) 12241,

National Contingency Plan, September

29, 1980. This E.O. delegates to the

Director of FEMA the responsibility for

publishing the National Contingency

Plan (i.e., the FRERP) for accidents at

nuclear power facilities and requires

that it be published from time to time

in the Federal Register. Executive Order

12241 has been amended by Executive

Order 12657, FEMA Assistance in

Emergency Preparedness Planning at

Commercial Nuclear Power Plants.

Authorities for the activities of

individual Federal agencies appear in

Appendix C.

II. Concept of Operations

A. Introduction

The concept of operations for a

response provides for the designation of

one agency as the Lead Federal Agency

(LFA) and for the establishment of

onscene, interagency response centers.

The FRERP describes both the

responsibilities of the LFA and other

Federal agencies that may be involved

and the functions of each of the onscene

centers.

The concept of operations recognizes

the preeminent role of State and local

governments for determining and

implementing any measures to protect

life, property, and the environment in

areas not under the control of a Federal

agency.

B. Determination of Lead Federal

Agency (LFA)

The agency that is responsible for

leading and coordinating all aspects of

the Federal response is referred to as the

LFA and is determined by the type of

emergency. In situations where a

Federal agency owns, authorizes,

regulates, or is otherwise deemed

responsible for the facility or

radiological activity causing the

emergency and has authority to conduct

and manage Federal actions onsite, that

agency normally will be the LFA.

The following identifies the LFA for

each specified type of radiological

emergency.

1. Nuclear Facility—a. Licensed by

Nuclear Regulatory Commission (NRC)

or an Agreement State. The NRC is the

LFA for an emergency that occurs at a

fixed facility or regarding an activity

licensed by the NRC or an Agreement

State. These include, but are not limited

to, commercial nuclear power reactors,

fuel cycle facilities, DOE-owned gaseous

diffusion facilities that are operating

under NRC regulatory oversight, and

radiopharmaceutical manufacturers.

b. Owned or Operated by DOD or

DOE. The LFA is either DOD or DOE,

depending on which agency owns or

authorizes operation of the facility.

These emergencies may involve reactor

operations, nuclear material and

weapons production, radioactive

material from nuclear weapons, or other

radiological activities.

c. Not Licensed, Owned, or Operated

by a Federal Agency or an Agreement

State. The EPA is the LFA for an

emergency that occurs at a facility not

licensed, owned, or operated by a

Federal agency or an Agreement State.

These include facilities that possess,

handle, store, or process radium or

accelerator-produced radioactive

materials.

2. Transportation of Radioactive

Materials—a. Shipment of Materials

Licensed by NRC or an Agreement State.

The NRC is the LFA for an emergency

that involves radiological material

licensed by the NRC or an Agreement

State.

b. Materials Shipped by or for DOD or

DOE. The LFA is either DOD or DOE

depending on which of these agencies

has custody of the material at the time

of the accident.

c. Shipment of Materials Not Licensed

or Owned by a Federal Agency or an

Agreement State. The EPA is the LFA

for an emergency that involves

radiological material not licensed or

owned by a Federal agency or an

Agreement State.

3. Satellites Containing Radioactive

Materials. NASA is the LFA for NASA

spacecraft missions. DOD is the LFA for

DOD spacecraft missions. DOE and EPA

provide technical assistance to DOD and

NASA.

In the event of an emergency

involving a joint U.S. Government and

foreign government spacecraft venture

containing radioactive sources and/or

classified components, the LFA will be

DOD or NASA, as appropriate. A joint

U.S./foreign venture is defined as an

activity in which the U.S. Government

has an ongoing interest in the successful

completion of the mission and is

intimately involved in mission

operations. A joint venture is not

created by simply selling or supplying

material to a foreign country for use in

their spacecraft. DOE and EPA will

provide technical support and

assistance to the LFA.

4. Impact from Foreign or Unknown

Source. The EPA is the LFA for an

emergency that involves radioactive

material from a foreign or unknown

source that has actual, potential, or

perceived radiological consequences in

the United States, its Territories,

possessions, or territorial waters. The

foreign or unknown source may be a

reactor (e.g., Chernobyl), a spacecraft
20956 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

containing radioactive material,

radioactive fallout from atmospheric

testing of nuclear devices, imported

radioactively contaminated material, or

a shipment of foreign-owned radioactive

material. Unknown sources of

radioactive material refers to that

material whose origin and/or

radiological nature is not yet

established. These types of sources

include contaminated scrap metal or

abandoned radioactive material. DOD,

DOE, NASA, and NRC provide technical

assistance to EPA.

5. Other Types of Emergencies. In the

event of an unforeseen type of

emergency not specifically described in

this Plan or a situation where conditions

exist involving overlapping

responsibility that could cause

confusion regarding LFA role and

responsibilities, DOD, DOE, EPA,

NASA, and NRC will confer upon

receipt of notification of the emergency

to determine which agency is the LFA.

TABLE II–1.—IDENTIFICATION OF LEAD

FEDERAL AGENCY FOR RADIOLOGICAL EMERGENCIES

Type of emergency Lead Federal

agency

1. Nuclear Facility:

a. Licensed by NRC or an

Agreement State.

NRC.

b. Owned or Operated by

DOD or DOE.

DOD or

DOE.

c. Not Licensed, Owned, or

Operated by a Federal

Agency or an Agreement

State.

EPA.

2. Transportation of Radioactive Materials:

a. Shipment of Materials Licensed by NRC or an

Agreement State.

NRC.

b. Materials Shipped by or

for DOD or DOE.

DOD or

DOE.

c. Shipment of Materials Not

Licensed or Owned by a

Federal Agency or an

Agreement State.

EPA.

3. Satellites Containing Radioactive Materials.NASA or

DOD.

4. Impact from Foreign or Unknown Source.EPA.

5. Other Types of Emergencies.LFAs confer.

C. Radiological Sabotage and Terrorism

For fixed facilities and materials in

transit, responses to radiological

emergencies generally do not depend on

the initiating event. The coordinated

response to contain or mitigate a

threatened or actual release of

radioactive material would be

essentially the same whether it resulted

from an accidental or deliberate act. For

malevolent acts involving improvised

nuclear or radiation dispersal devices,

the response is further complicated by

the magnitude of the threat and the need

for specialized technical expertise/

actions. Therefore, sabotage and

terrorism are not treated as separate

types of emergencies; rather, they are

considered a complicating dimension of

the types listed in Table II–1.

The Atomic Energy Act directs the

Federal Bureau of Investigation (FBI) to

investigate all alleged or suspected

criminal violations of the Act.

Additionally, the FBI is legally

responsible for locating any nuclear

weapon, device, or material and for

restoring nuclear facilities to their

rightful custodians. In view of its

unique responsibilities under the

Atomic Energy Act (amended by the

Energy Reorganization Act), the FBI has

concluded formal agreements with the

LFAs that provide for interface,

coordination, and technical assistance

in support of the FBI’s mission.

Generally, for fixed facilities and

materials in transit, the designated LFA

and supporting agencies will perform

the functions delineated in this plan

and provide technical support and

assistance to the FBI in the performance

of its mission. It would be difficult to

outline all the possible scenarios arising

from criminal or terrorist activity. As a

result, the Federal response will be

tailored to the specific circumstances of

the event at hand. For those

emergencies where an LFA is not

specifically designated (e.g., improvised

nuclear device), the Federal response

will be guided by the established

interagency agreements and contingency

plans. In accordance with these

agreements and plans, the signatory

agency(ies) supporting the FBI will

coordinate and manage the technical

portion of the response and activate/

request assistance under the FRERP for

measures to protect the public health

and safety. In all cases, the FBI will

manage and direct the law enforcement

and intelligence aspects of the response;

coordinating activities with appropriate

Federal, State, and local agencies within

the framework of the FRERP and/or as

provided for in established interagency

agreements or plans.

D. Response Functions and

Responsibilities

1. Onscene Coordination. The LFA

will lead and coordinate all Federal

onscene actions and assist State and

local governments in determining

measures to protect life, property, and

the environment. The LFA will ensure

that FEMA and other Federal agencies

assist the State and local government

agencies in implementing protective

actions, if requested by the State and

local government agencies.

The LFA will coordinate Federal

response activities from an onscene

location, referred to as the Joint

Operations Center (JOC). Until the LFA

has established its base of operations in

a JOC, the LFA will accomplish that

coordination from another LFA facility,

usually a Headquarters operations

center.

In the absence of existing agreements

for radiological emergencies occurring

on or with possible consequences to

Indian tribal lands, DOI will provide

liaison between federally recognized

Indian tribal governments and LFA,

State, and local agencies for

coordination of response and protective

action efforts. Additionally, DOI will

advise and assist the LFA on economic,

social, and political matters in the

United States insular areas should a

radiological emergency occur.

2. Onsite Management. The LFA will

oversee the onsite response; monitor

and support owner or operator activities

(when there is an owner or operator);

provide technical support to the owner

or operator, if requested; and serve as

the principal Federal source of

information about onsite conditions.

The LFA will provide a hazard

assessment of onsite conditions that

might have significant offsite impact

and ensure onsite measures are taken to

mitigate offsite consequences.

3. Radiological Monitoring and

Assessment. DOE has the initial

responsibility for coordinating the

offsite Federal radiological monitoring

and assessment assistance during the

response to a radiological emergency. In

a prolonged response, EPA will assume

the responsibility for coordinating the

assistance at some mutually agreeable

time, usually after the emergency phase.

Some of the participating Federal

agencies may have radiological planning

and emergency responsibilities as part

of their statutory authority, as well as

established working relationships with

State counterpart agencies. The

monitoring and assessment activity,

coordinated by DOE, does not alter

those responsibilities but complements

them by providing for coordination of

the initial Federal radiological

monitoring and assessment response

activity.

Activities will:

• Support the monitoring and

assessment programs of the States;

• Respond to the assessment needs of

the LFA; and

• Meet statutory responsibilities of

participating Federal agencies.

Federal offsite monitoring and

assessment activities will be
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20957

coordinated with those of the State.

Federal agency plans and procedures for

implementing this monitoring and

assessment activity are designed to be

compatible with the radiological

emergency planning requirements for

State, local governments, specific

facilities, and existing memoranda of

understanding and interagency

agreements.

DOE may respond to a State or LFA

request for assistance by dispatching a

Radiological Assistance Program (RAP)

team. If the situation requires more

assistance than a RAP team can provide,

DOE will alert or activate additional

resources. These resources may include

the establishment of a Federal

Radiological Monitoring and

Assessment Center (FRMAC) to be used

as an onscene coordination center for

Federal radiological assessment

activities. Federal and State agencies are

encouraged to collocate their

radiological assessment activities.

Federal radiological monitoring and

assessment activities will be activated as

a component of an FRERP response or

pursuant to a direct request from State

or local governments, other Federal

agencies, licensees for radiological

materials, industries, or the general

public after evaluating the magnitude of

the problem and coordinating with the

State(s) involved.

DOE and other participating Federal

agencies may learn of an emergency

when they are alerted to a possible

problem or receive a request for

radiological assistance. DOE will

maintain national and regional

coordination offices as points of access

to Federal radiological emergency

assistance. Requests for Federal

radiological monitoring and assessment

assistance will generally be directed to

the appropriate DOE radiological

assistance Regional Coordinating Office.

Requests also can go directly to DOE’s

Emergency Operations Center (EOC) in

Washington, DC. When other agencies

receive requests for Federal radiological

monitoring and assessment assistance,

they will promptly notify the DOE EOC.

a. Role of Department of Energy

(DOE)—(1) Initial Response

Coordination Responsibility. DOE, as

coordinator, has the following

responsibilities:

(a) Coordinate Federal offsite

radiological environmental monitoring

and assessment activities;

(b) Maintain technical liaison with

State and local agencies with

monitoring and assessment

responsibilities;

(c) Maintain a common set of all

offsite radiological monitoring data, in

an accountable, secure, and retrievable

form, and ensure the technical integrity

of the FRMAC data;

(d) Provide monitoring data and

interpretations, including exposure rate

contours, dose projections, and any

other requested radiological

assessments, to the LFA, and to the

States;

(e) Provide, in cooperation with other

Federal agencies, the personnel and

equipment needed to perform

radiological monitoring and assessment

activities;

(f) Request supplemental assistance

and technical support from other

Federal agencies as needed; and

(g) Arrange consultation and support

services through appropriate Federal

agencies to all other entities (e.g.,

private contractors) with radiological

monitoring functions and capabilities,

and technical and medical advice on

handling radiological contamination

and population monitoring.

(2) Transition of Response

Coordination Responsibility. The DOE

FRMAC Director will work closely with

the Senior EPA representative to

facilitate a smooth transition of the

Federal radiological monitoring and

assessment coordination responsibility

to EPA at a mutually agreeable time and

after consultation with the States and

LFA. The following conditions are

intended to be met prior to this transfer:

(a) The immediate emergency

condition has been stabilized;

(b) Offsite releases of radioactive

material have ceased, and there is little

or no potential for further unintentional

offsite releases;

(c) The offsite radiological conditions

have been characterized and the

immediate consequences have been

assessed;

(d) An initial long-range monitoring

plan has been developed in conjunction

with the affected States and appropriate

Federal agencies; and

(e) EPA has received adequate

assurances from the other Federal

agencies that they will commit the

required resources, personnel, and

funds for the duration of the Federal

response.

b. Role of the Environmental

Protection Agency (EPA)—Prior to

assuming responsibility for the FRMAC,

EPA will:

(1) Provide resources, including

personnel, equipment, and laboratory

support (including mobile laboratories),

to assist DOE in monitoring

radioactivity levels in the environment;

(2) Assume coordination of Federal

radiological monitoring and assessment

responsibilities from DOE after the

transition;

(3) Assist in the development and

implementation of a long-term

monitoring plan; and

(4) Provide nationwide environmental

monitoring data from the Environmental

Radiation Ambient Monitoring Systems

for assessing the national impact of the

accident.

c. Role of the Lead Federal Agency

(LFA)—(1) Ensure that State’s needs are

addressed.

(2) Approve the release of official

Federal offsite monitoring data and

assessments.

(3) Provide other available

radiological monitoring data to the State

and to the FRMAC.

d. Role of Other Federal Agencies—

Agencies carrying out responsibilities

related to radiological monitoring and

assessment during a Federal response

also will coordinate their activities with

FRMAC. This coordination will not

limit the normal working relationship

between a Federal agency and its State

counterparts nor restrict the flow of

information from that agency to the

States. The radiological monitoring and

assessment responsibilities of the other

Federal agencies include:

(1) Department of Agriculture (USDA)

(a) Inspect meat and meat products,

poultry and poultry products, and egg

products identified for interstate and

foreign commerce to assure that they are

safe for human consumption.

(b) Assist, in conjunction with HHS,

in monitoring the production,

processing, storage, and distribution of

food through the wholesale level to

eliminate contaminated product or to

reduce the contamination in the product

to a safe level.

(c) Collect agricultural samples within

the Ingestion Exposure Pathway

Emergency Planning Zone. Assist in the

evaluation and assessment of data to

determine the impact of the emergency

on agriculture.

(2) Department of Commerce (DOC)

(a) Prepare operational weather

forecasts tailored to support emergency

response activities.

(b) Prepare and disseminate

predictions of plume trajectories,

dispersion, and deposition.

(c) Archive, as a special collection,

the meteorological data from national

observing systems applicable to the

monitoring and assessment of the

response.

(d) Ensure that marine fishery

products available to the public are not

contaminated.

(e) Provide assistance and reference

material for calibrating radiological

instruments.

(3) Department of Defense (DOD)

(a) Provide radiological resources to

include trained response personnel,
20958 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

specialized radiation instruments,

mobile instrument calibration, repair

capabilities, and expertise in site

restoration.

(b) Perform special sampling of

airborne contamination on request.

(4) Department of Health and Human

Services (HHS)

(a) In conjunction with USDA, inspect

production, processing, storage, and

distribution facilities for human food

and animal feeds, which may be used in

interstate commerce, to assure

protection of the public health.

(b) Collect samples of agricultural

products to monitor and assess the

extent of contamination as a basis for

recommending or implementing

protective actions.

(5) Department of the Interior (DOI)

(a) Provide hydrologic advice and

assistance, including monitoring

personnel, equipment, and laboratory

support.

(b) Advise and assist in evaluating

processes affecting radioisotopes in

soils, including personnel, equipment,

and laboratory support.

(c) Advise and assist in the

development of geographical

information systems (GIS) databases to

be used in the analysis and assessment

of contaminated areas including

personnel, equipment, and databases.

(6) Nuclear Regulatory Commission

(NRC)

(a) Provide assistance in Federal

radiological monitoring and assessment

activities during incidents.

(b) Provide, where available,

continuous measurement of ambient

radiation levels around NRC licensed

facilities, primarily power reactors using

thermoluminescent dosimeters (TLD).

4. Protective Action

Recommendations. Federal protective

action recommendations provide advice

to State and local governments on

measures that they should take to avoid

or reduce exposure of the public to

radiation from a release of radioactive

material. This includes advice on

emergency actions such as sheltering,

evacuation, and prophylactic use of

stable iodine. It also includes longer

term measures to avoid or minimize

exposure to residual radiation or

exposure through the ingestion pathway

such as restriction of food, temporary

relocation, and permanent resettlement.

a. Role of the Lead Federal Agency

(LFA). The LFA will assist State and

local authorities, if requested, by

advising them on protective actions for

the public. The development or

evaluation of protective action

recommendations will be based upon

the Protective Action Guides (PAGs)

issued by EPA and HHS. In providing

such advice, the LFA will use advice

from other Federal agencies with

technical expertise on those matters

whenever possible. The LFA’s

responsibilities for the development,

evaluation, and presentation of

protective action recommendations are

to:

(1) Respond to requests from State

and local governments for technical

information and assistance;

(2) Consult with representatives from

EPA, HHS, USDA, and other Federal

agencies as needed to provide advice to

the LFA on protective actions;

(3) Review all recommendations made

by other Federal agencies exercising

statutory authorities related to

protective actions to ensure consistency;

(4) Prepare a coordinated Federal

position on protective action

recommendations whenever time

permits; and

(5) Present the Federal assessment of

protective action recommendations, in

conjunction with FEMA and other

Federal agencies when practical, to

State or other offsite authorities.

b. Role of the Advisory Team for

Environment, Food, and Health. Advice

on environment, food, and health

matters will be provided to the LFA

through the Advisory Team for

Environment, Food, and Health

(Advisory Team) consisting of

representatives of EPA, HHS, and USDA

supported by other Federal agencies, as

warranted by the circumstances of the

emergency. The Advisory Team

provides direct support to the LFA and

has no independent authority. The

Advisory Team will not release

information or make recommendations

to the public unless authorized to do so

by the LFA. The Advisory Team will

select a chair for the Team. The

Advisory Team will normally collocate

with the FRMAC.

For emergencies with potential for

causing widespread radiological

contamination where no onscene

FRMAC is established, the functions of

the Advisory Team may be

accomplished in the LFA response

facility in Washington, DC.

The primary role of the Advisory

Team is to provide a mechanism for

timely, interagency coordination of

advice to the LFA, States, and other

Federal agencies concerning matters

related to the following areas:

(1) Environmental assessments (field

monitoring) required for developing

recommendations;

(2) PAGs and their application to the

emergency;

(3) Protective action

recommendations using data and

assessment from the FRMAC;

(4) Protective actions to prevent or

minimize contamination of milk, food,

and water and to prevent or minimize

exposure through ingestion;

(5) Recommendations regarding the

disposition of contaminated livestock

and poultry;

(6) Recommendations for minimizing

losses of agricultural resources from

radiation effects;

(7) Availability of food, animal feed,

and water supply inspection programs

to assure wholesomeness;

(8) Relocation, reentry, and other

radiation protection measures prior to

recovery;

(9) Recommendations for recovery,

return, and cleanup issues;

(10) Health and safety advice or

information for the public and for

workers;

(11) Estimate effects of radioactive

releases on human health and

environment;

(12) Guidance on the use of

radioprotective substances (e.g., thyroid

blocking agents), including dosage and

projected radiation doses that warrant

the use of such drugs; and

(13) Other matters, as requested by the

LFA.

5. Other Federal Resource Support.

FEMA will coordinate the provision of

non-radiological (i.e., not related to

radiological monitoring and assessment)

Federal resources and assistance to

affected State and local governments.

The Federal non-radiological resource

and assistance coordination function

will be performed at the Disaster Field

Office (DFO) (or other appropriate

location established by FEMA).

a. Role of the Federal Emergency

Management Agency (FEMA)—(1)

Monitor the status of the Federal

response to requests for non-radiological

assistance from the affected States and

provide this information to the States.

(2) Keep the LFA informed of requests

for assistance from the State and the

status of the Federal response.

(3) Identify and inform Federal

agencies of actual or apparent

omissions, redundancies, or conflicts in

response activity.

(4) Establish and maintain a source of

integrated, coordinated information

about the status of all non-radiological

resource support activities.

(5) Provide other non-radiological

support to Federal agencies responding

to the emergency.

b. Role of Other Federal Agencies. In

order to properly coordinate activities,

Federal agencies responding to requests

for non-radiological support or directly

providing such support under statutory

authorities will provide liaison

personnel to the DFO. The following
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20959

indicates types of assistance that may be

provided by Federal agencies as needed

or requested:

(1) Department of Agriculture

(USDA)—(a) Provide emergency food

coupon assistance in officially

designated disaster areas, if a need is

determined by officials and if the

commercial food system is sufficient to

accommodate the use of food coupons.

(b) Provide for placement of USDA

donated food supplies from warehouses,

local schools, and other outlets to

emergency care centers. These are foods

donated to various outlets through

USDA food programs.

(c) Provide lists that identify locations

of alternate sources of food and

livestock feed.

(d) Assist in providing temporary

housing for evacuees.

(e) Assess damage to crops, soil,

livestock, poultry, and processing

facilities; and incorporate findings in a

damage assessment report.

(f) Provide emergency

communications assistance to the

agricultural community through the

State Research, Education, and

Extension Services’ electronic mail

system.

(2) Department of Commerce (DOC)—

Provide radiation shielding materials.

(3) Department of Defense (DOD)—

DOD may provide assistance in the form

of personnel, logistics and

telecommunications, advice on proper

medical treatment of personnel exposed

to or contaminated by radioactive

materials, and assistance, including

airlift services, when available, upon the

request of the LFA or FEMA. Requests

for assistance must be directed to the

National Military Command Center or

through channels established by prior

agreements.

(4) Department of Energy (DOE)—

Provide advice on proper medical

treatment of personnel exposed to or

contaminated by radioactive materials.

(5) Department of Health and Human

Services (HHS)—(a) Ensure the

availability of health and medical care

and other human services (especially for

the aged, poor, infirm, blind, and others

most in need).

(b) Assist in providing crisis

counseling to victims in affected

geographic areas.

(c) Provide guidance to State and local

health officials on disease control

measures and epidemiological

surveillance and study of exposed

populations.

(d) Provide advice on proper medical

treatment of personnel exposed to or

contaminated by radioactive materials.

(e) Provide advice and guidance in

assessing the impact of the effects of

radiological incidents on the health of

persons in the affected area.

(6) Department of Housing and Urban

Development (HUD)—(a) Review and

report on available housing for disaster

victims and displaced persons.

(b) Assist in planning for and placing

homeless victims in available housing.

(c) Provide staff to support emergency

housing within available resources.

(d) Provide housing assistance and

advisory personnel.

(7) Department of the Interior (DOI)—

Advise and assist in assessing impacts

to economic, social, and political issues

relating to natural resources, including

fish and wildlife, subsistence uses,

public lands, Indian Tribal lands, land

reclamation, mining, minerals, and

water resources.

(8) Department of Transportation

(DOT)—(a) Support State and local

governments by identifying sources of

civil transportation on request and

when consistent with statutory

responsibilities.

(b) Coordinate the Federal civil

transportation response in support of

emergency transportation plans and

actions with State and local

governments. (This may include

provision of Federally controlled

transportation assets and the controlling

of airspace or transportation routes to

protect commercial transportation and

to facilitate the movement of response

resources to the scene.)

(c) Provide Regional Emergency

Transportation Coordinators and staff to

assist State and local authorities in

planning and response.

(d) Provide technical advice and

assistance on the transportation of

radiological materials and the impact of

the incident on the transportation

system.

(9) Department of Veterans Affairs

(VA)—(a) Provide medical assistance

using Medical Emergency Radiological

Response Teams (MERRTs).

(b) Provide temporary housing.

(10) General Services Administration

(GSA)—(a) Provide acquisition and

procurement of floor space,

telecommunications and automated data

processing services, supplies, services,

transportation, computers, contracting,

equipment, and material; as well as

specified logistical services that exceed

the capabilities of other Federal

agencies.

(b) Activate the Regional Emergency

Communications Planner (RECP) and a

Federal Emergency Communications

Coordinator (FECC). RECP will provide

technical support and accept guidance

from the FEMA Regional Director

during the pre-deployment phase of a

telecommunications emergency.

(c) Upon request, will dispatch the

FECC to the scene to expedite the

provision of the telecommunications

services.

(11) National Communications

System (NCS)—Acting through its

operational element, the National

Coordinating Center for

Telecommunications (NCC), the NCS

will ensure the provision of adequate

telecommunications support to Federal

FRERP operations.

6. Public Information Coordination.

Public information coordination is most

effective when the owner/operator,

Federal, State, local, and other relevant

information sources participate jointly.

The primary location for linking these

sources is the Joint Information Center

(JIC).

Prior to the establishment of Federal

operations at the JIC, it may be

necessary to release Federal information

regarding public health and safety. In

these instances, Federal agencies will

coordinate with the LFA and the State

in advance or as soon as possible after

the information has been released.

This coordination will accomplish the

following: compile information about

the status of the emergency, response

actions, and instructions for the affected

population; coordinate all information

from various sources with the other

Federal, State, local, and nongovernmental response organizations;

allow various sources to work

cooperatively, yet maintain their

independence in disseminating

information; disseminate timely,

consistent, and accurate information to

the public and the news media; and

establish coordinated arrangements for

dealing with citizen inquiries.

a. Role of the Lead Federal Agency

(LFA). The LFA is responsible for

information on the status of the overall

Federal response, specific LFA response

activities, and the status of onsite

conditions.

The LFA will:

(1) Develop joint information

procedures for providing Federal

information to and for obtaining

information from all Federal agencies

participating in the response;

(2) Work with the owner/operator and

State and local government information

officers to develop timely coordinated

public information releases;

(3) Inform the media that the JIC is the

primary source of onscene public

information and news from facility,

local, State, and Federal spokespersons;

(4) Establish and manage Federal

public information operations at the JIC;

and
20960 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

(5) Coordinate Federal public

information among the various media

centers.

b. Role of the Federal Emergency

Management Agency (FEMA). FEMA

will assist the LFA in coordinating nonradiological information among Federal

agencies and with the State. When

mutually agreeable, FEMA may assume

responsibility from the LFA for

coordinating Federal public

information. Should this occur, it will

usually be after the onsite situation has

been stabilized and recovery efforts

have begun.

c. Role of Other Participating

Agencies. All Federal agencies with an

operational response role under the

FRERP will coordinate public

information activities at the JIC. Each

Federal agency will provide information

on the status of its response and on

technical information.

7. Congressional and White House

Coordination. a. Congressional

Coordination. Federal agencies will

coordinate their responses to

Congressional requests for information

with the LFA. Points of contact for this

function are the Congressional Liaison

Officers. All Federal agency

Congressional Liaison Officers and

Congressional staffs seeking site-specific

information about the emergency should

contact the LFA headquarters

Congressional Affairs Office. Congress

may request information directly from

any Federal agency. Any agency

responding to such requests should

inform the LFA as soon as feasible.

b. White House Coordination. The

LFA will report to the President and

keep the White House informed on all

aspects of the emergency. The White

House may request information directly

from any Federal agency. Any agency

responding to such requests should

inform the LFA as soon as feasible. The

LFA will submit reports to the White

House. The initial report should cover,

if possible, the nature of and prognosis

for the radiological situation causing the

emergency and the actual or potential

offsite radiological impact. Subsequent

reports by the LFA should cover the

status of mitigation, corrective actions,

protective measures, and overall Federal

response to the emergency. Federal

agencies should provide information

related to the technical and radiological

aspects of the response directly to the

LFA. FEMA will compile information

related to the non-radiological resource

support aspects of the response and

submit to the LFA for inclusion in the

report(s).

8. International Coordination. In the

event of an environmental impact or

potential impact upon the United States,

its possessions, Territories, or territorial

waters from a radiological emergency

originating on foreign soil or,

conversely, a domestic incident with an

actual or potential foreign impact, the

LFA will immediately inform DOS

(which has responsibility for official

interactions with foreign governments).

The LFA will keep DOS informed of all

Federal response activities. The DOS

will coordinate notification and

information gathering activities with

foreign governments, except in cases

where existing bilateral agreements

permit direct communication. Where

the LFA has existing bilateral

agreements that permit direct exchange

of information, those agencies should

keep DOS informed of consultations

with their foreign counterparts. Agency

officials should take care that

consultations do not exceed the scope of

the relevant agreement(s). The LFA will

ensure that any offers of assistance to or

requests from foreign governments are

coordinated with DOS.

9. Response Function Overview.

Table II–2 provides an overview of the

responsible Federal agencies for major

response functions.

TABLE II–2.—RESPONSE FUNCTION OVERVIEW

Response action Responsible agency

(1) Maintain cognizance of the Federal response; conduct and manage Federal onsite actions .................... LFA.

(2) Coordinate Federal offsite radiological monitoring and assessment:

—Initial Response ....................................................................................................................................... DOE.

—Intermediate and Long-Term Response ................................................................................................. EPA.

(3) Develop and evaluate recommendations for offsite protective actions for the public ................................. LFA, in coordination with other

agencies.

(4) Present recommendations for offsite protective actions to the appropriate State and/or local officials ...... LFA, in conjunction with FEMA and

other Federal agencies when

practical.

(5) Coordinate Federal offsite non-radiological resource support ..................................................................... FEMA.

(6) Coordinate release of Federal information to the public .............................................................................. LFA; FEMA after mutual agreement.

(7) Coordinate release of Federal information to Congress .............................................................................. LFA.

(8) Provide reports to the President and keep the White House informed on all aspects of the emergency LFA.

(9) Coordinate international aspects and make required international notifications ......................................... DOS; LFA as appropriate.

(10) Coordinate the law enforcement aspects of a criminal act involving radioactive material ........................ DOJ/FBI.

E. Stages of the Federal Response

The Federal response is divided into

five stages: Notification, Activation and

Deployment, Response Operations,

Response Deactivation, and Recovery.

1. Notification. The owner or operator

of the facility or radiological activity is

generally the first to become aware of a

radiological emergency and is

responsible for notifying the State and

local authorities and the LFA. The

notification should include:

• Location and nature of the accident,

• An assessment of the severity of the

problem,

• Potential and actual offsite

consequences, and

• Initial response actions.

If any Federal agency receives

notification from any source other than

FEMA or the LFA, the agency will

notify the LFA. See Figure II–1 for the

notification process.

a. Role of the Lead Federal Agency

(LFA)—(1) Verify accuracy of

notification;

(2) Notify FEMA and advisory team

agencies and provide information;

(3) Verify that other Federal agencies

have been notified; and

(4) Verify that the State has been

notified.

b. Role of Federal Emergency

Management Agency (FEMA)—(1)

Verify that the State has been notified of

the emergency; and

(2) Notify other Federal agencies as

appropriate.

2. Activation and Deployment. Once

notified, each agency will respond
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20961

1For NRC reactor licensees, the JOC is within the

Emergency Operations Facility (EOF). The EOF

would be staffed in accordance with the owner/

operator’s site-specific Emergency Plan.

2For NRC licensees, the Federal JIC is within the

JIC established by the owner/operator.

according to its plan. The LFA will

assess the technical response

requirements and cause the activation

and deployment of response

components. FEMA, in conjunction

with the LFA, will coordinate the nonradiological assistance in support of

State and local governments. Initially,

the LFA, FEMA, and other Federal

agencies will coordinate response

actions from their headquarters

locations, usually from their respective

headquarters EOCs.

a. Role of the Lead Federal Agency

(LFA)—(1) Deploy LFA response

personnel to the scene and provide

liaison to the State and local authorities

as appropriate;

(2) Designate a Federal Onscene

Commander (OSC) at the scene of the

emergency to manage onsite activities

and coordinate the overall Federal

response to the emergency;

(3) Establish bases of Federal

operation, such as the JOC and the JIC;

(4) Coordinate the Federal response

with the owner/operator; and

(5) Provide advice on the radiological

hazard to the Federal responders.

b. Role of Federal Emergency

Management Agency (FEMA)—(1)

Activate a Regional Operations Center

(ROC) to monitor the situation;

(2) Establish contact with the LFA and

the affected State to determine the status

of non-radiological response

requirements;

(3) Designate a Senior FEMA Official

(SFO) to coordinate activities with the

LFA; and

(4) Coordinate the provision of nonradiological Federal resources and

assistance.

c. Role of Other Federal Agencies. (1)

Designate an onscene Senior Agency

Official;

(2) Activate agency emergency

response personnel and deploy them to

the scene;

(3) Deploy FRMAC assets;

(4) Deploy Advisory Team

representatives;

(5) Keep the LFA and FEMA informed

of status of response activities; and

(6) Coordinate all State requests and

offsite activities with the LFA and

FEMA, as appropriate.

3. Response Operations. The

following describes the general

operational structure for meeting

Federal agency roles and

responsibilities in response to a

radiological emergency. At the

headquarters level, the LFA, FEMA, and

other Federal agencies (OFAs) will

generally exchange liaison personnel

and maintain staffs at their EOCs to

support their respective onscene

operations. Federal agencies may also

activate a regional or field office EOC in

support of the emergency. Figure II–2

provides a graphic depiction of the

onscene structure.

a. Joint Operations Center (JOC). The

JOC1 is established by the LFA under

the operational control of the Federal

OSC as the focal point for management

and direction of onsite activities,

establishment of State requirements and

priorities, and coordination of the

overall Federal response. The JOC may

be established in a separate onscene

location or collocated with an existing

emergency operations facility. The

following elements may be represented

in the JOC:

(1) LFA staff and onsite liaison;

(2) FEMA/DFO liaison;

(3) FRMAC liaison;

(4) Advisory Team liaison;

(5) Other Federal agency liaison, as

needed;

(6) LFA Public information liaison;

(7) LFA Congressional liaison; and

(8) State and local liaison.

b. Disaster Field Office (DFO). The

DFO is established by FEMA as the focal

point for the coordination and provision

of non-radiological resource support

based on coordinated State

requirements/priorities. The DFO is

established at an onscene location in

coordination with State and local

authorities and other Federal agencies.

The following elements may be

represented in the DFO:

(1) LFA liaison;

(2) Other appropriate Federal agency

personnel;

(3) State and local liaison;

(4) Public information liaison; and

(5) Congressional liaison.

c. Federal Radiological Monitoring

and Assessment Center (FRMAC). The

FRMAC is established by DOE (with

subsequent transfer to EPA for

intermediate and long-term actions) for

the coordination of Federal radiological

monitoring and assessment activities

with that of State and local agencies.

The FRMAC is established at an

onscene location in coordination with

State and local authorities and other

Federal agencies. The following

elements may be represented in the

FRMAC:

(1) DOE/DOE contractor technical

staff and capabilities;

(2) EPA/EPA contractor technical staff

and capabilities;

(3) DOC technical staff and

capabilities;

(4) LFA technical liaison;

(5) DOE public information liaison;

(6) Other Federal agency liaisons, as

needed;

(7) State and local liaison; and

(8) DFO liaison.

d. Advisory Team for Environment,

Food, and Health. The Advisory Team

is established by representatives from

EPA, USDA, HHS, and other Federal

agencies as needed for the provision of

interagency coordinated advice and

recommendations to the State and LFA

concerning environmental, food, and

health matters. For the ease of transfer

of radiological monitoring and

assessment data and coordination with

Federal, State, and local representatives,

the Advisory Team is normally

collocated with the FRMAC.

e. Joint Information Center (JIC). The

JIC2 is established by the LFA, under

the operational control of the LFAdesignated Public Information Officer,

as a focal point for the coordination and

provision of information to the public

and media concerning the Federal

response to the emergency. The JIC is

established at an onscene location in

coordination with State and local

agencies and other Federal agencies.

The following elements should be

represented at the JIC:

(1) LFA Public Information Officer

and staff;

(2) FEMA Public Information Officer

and staff;

(3) Other Federal agency Public

Information, as needed;

(4) State and local Public Information

Officers; and

(5) Owner/Operator Public

Information Officers and staff.

4. Response Deactivation. a. Each

agency will discontinue emergency

response operations when advised that

Federal assistance is no longer required

from their agency or when its statutory

responsibilities have been fulfilled.

Prior to discontinuing its response

operation, each agency should discuss

its intent to do so with the LFA, FEMA,

and the State.

b. The LFA will consult with

participating Federal agencies and the

State and local government to determine

when the Federal information

coordination operations at the JIC

should be terminated. This will occur

normally at a time when the rate of

information generated and coordinated

by the LFA has decreased to the point

where it can be handled through the

normal day-to-day coordination process.

The LFA will inform the other

participants of their intention to

deactivate Federal information
20962 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

coordination operations at the JIC and

advise them of the procedures for

continued coordination of information

pertinent to recovery from the

radiological emergency.

c. FEMA will consult with the LFA,

other Federal agencies, and the State(s)

as to when the onscene coordination of

non-radiological assistance is no longer

required. Prior to ending operations at

the DFO, FEMA will inform all

participating organizations of the

schedule for doing so.

d. The LFA will terminate JOC

operations and the Federal response

after consulting with FEMA, other

participating Federal agencies, and State

and local officials, and after determining

that onscene Federal assistance is no

longer required.

e. The agency managing the FRMAC

will consult with the LFA, FEMA, other

participating Federal agencies, and State

and local officials to determine when a

formal FRMAC structure and

organization is no longer required.

Normally, this will occur when

operations move into the recovery phase

and extensive Federal multi-agency

resources are no longer required to

augment State and local radiological

monitoring and assessment activities.

5. Recovery. a. The State or local

governments have the primary

responsibility for planning the recovery

of the affected area. (The term recovery

as used here encompasses any action

dedicated to the continued protection of

the public and resumption of normal

activities in the affected area.) Recovery

planning will be initiated at the request

of the States, but it will generally not

take place until after the initiating

conditions of the emergency have

stabilized and immediate actions to

protect public health and safety and

property have been accomplished. The

Federal Government will, on request,

assist the State and local governments in

developing offsite recovery plans, prior

to the deactivation of the Federal

response. The LFA will coordinate the

overall activity of Federal agencies

involved in the recovery process.

b. The radiological monitoring and

assessment activities will be terminated

when the EPA, after consultation with

the LFA and other participating Federal

agencies, and State and local officials,

determines that:

(1) There is no longer a threat to the

public health and safety or to the

environment,

(2) State and local resources are

adequate for the situation, and

(3) There is mutual agreement of the

agencies involved to terminate the

response.

Appendix A—Acronyms

CFR Code of Federal Regulations

DFO Disaster Field Office

DOC Department of Commerce

DOD Department of Defense

DOE Department of Energy

DOI Department of the Interior

DOJ Department of Justice

DOS Department of State

DOT Department of Transportation

EICC Emergency Information and Coordination Center

EO Executive Order

EOC Emergency Operations Center

EPA Environmental Protection Agency

ERT Emergency Response Team

ERT–A Emergency Response Team—Advance Element

FBI Federal Bureau of Investigation

FCO Federal Coordinating Officer

FECC Federal Emergency Communications Coordinator

FEMA Federal Emergency Management

Agency

FRERP Federal Radiological Emergency

Response Plan

FRMAC Federal Radiological Monitoring

and Assessment Center

FRP Federal Response Plan

FRPCC Federal Radiological Preparedness

Coordinating Committee

GIS Geographical Information Systems

GSA General Services Administration

HHS Department of Health and Human

Services

HUD Department of Housing and Urban

Development

JIC Joint Information Center

JOC Joint Operations Center

LFA Lead Federal Agency

MERRT Medical Emergency Radiological

Response Team

NASA National Aeronautics and Space

Administration

NCC National Coordinating Center for

Telecommunications

NCS National Communications System

NDA National Defense Area

NOAA National Oceanic and Atmospheric Administration (DOC)

NRC Nuclear Regulatory Commission

NSA National Security Area

OSC Onscene Commander

PAG Protective Action Guide

PIO Public Information Officer

RAP Radiological Assistance Program

(DOE)

RECP Regional Emergency Communications Planner

SCO State Coordinating Officer

SFO Senior FEMA Official

TLD Thermoluminescent dosimeter

USDA United States Department of Agriculture

VA Department of Veterans Affairs

Appendix B—Definitions

Advisory Team for Environment, Food, and

Health—An interagency team, consisting of

representatives from EPA, HHS, USDA, and

representatives from other Federal agencies

as necessary, that provides advice to the LFA

and States, as requested on matters

associated with environment, food, and

health issues during a radiological

emergency.

Agreement State—A State that has entered

into an Agreement under the Atomic Energy

Act of 1954, as amended, in which NRC has

relinquished to such States the majority of its

regulatory authority over source, byproduct,

and special nuclear material in quantities not

sufficient to form a critical mass.

Assessment—The evaluation and

interpretation of radiological measurements

and other information to provide a basis for

decision-making. Assessment can include

projections of offsite radiological impact.

Coordinate—To advance systematically an

exchange of information among principals

who have or may have a need to know

certain information in order to carry out their

role in a response.

Disaster Field Office (DFO)—A center

established in or near the designated area

from which the Federal Coordinating Officer

(FCO) and representatives of Federal

response agencies will interact with State

and local government representatives to

coordinate non-technical resource support.

Emergency—Any natural or man-caused

situation that results in or may result in

substantial injury or harm to the population

or substantial damage to or loss of property.

Emergency Response Team (ERT)—A team

of Federal interagency personnel headed by

FEMA and deployed to the site of an

emergency to serve as the FCO’s key staff and

assist with accomplishing FEMA

responsibilities at the DFO.

Federal Coordinating Officer (FCO)—The

Federal official appointed in accordance with

the provisions of P.L. 93–288, as amended, to

coordinate the overall response and recovery

activities under a major disaster or

emergency declaration. The FCO represents

the President as provided by Section 302 of

P.L. 93–288, as amended, for the purpose of

coordinating the administration of Federal

relief activities in the designated area.

Additionally, the FCO is delegated

responsibilities and performs those for the

FEMA Director as outlined in Executive

Order 12148, and those responsibilities

delegated to the FEMA Regional Director in

Title 44 Code of Federal Regulations, Part

206.

Federal Radiological Monitoring and

Assessment Center (FRMAC)—An operations

center usually established near the scene of

a radiological emergency from which the

Federal field monitoring and assessment

assistance is directed and coordinated.

Federal Radiological Preparedness

Coordinating Committee (FRPCC)—An

interagency committee, created under 44 CFR

Part 351, to coordinate Federal radiological

planning and training.

Federal Response Plan (FRP)—The plan

designed to address the consequences of any

disaster or emergency situation in which

there is a need for Federal assistance under

the authorities of the Robert T. Stafford

Disaster Relief and Emergency Assistance

Act, 42 U.S.C. 5121 et seq.

FRMAC Director—The person designated

by DOE or EPA to manage operations in the

FRMAC.

Joint Information Center (JIC)—A center

established to coordinate the Federal public
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20963

information activities onscene. It is the

central point of contact for all news media at

the scene of the incident. Public information

officials from all participating Federal

agencies should collocate at the JIC. Public

information officials from participating State

and local agencies also may collocate at the

JIC.

Joint Operations Center (JOC)—Established

by the LFA under the operational control of

the OSC, as the focal point for management

and direction of onsite activities,

coordination/establishment of State

requirements/priorities, and coordination of

the overall Federal response.

Joint U.S. Government/Foreign

Government Space Venture—Any space

venture conducted jointly by the U.S.

Government (DOD or NASA) with a foreign

government or foreign governmental entity

that is characterized by an ongoing U.S.

Government interest in the successful

completion of the mission, active

involvement in mission operations, and uses

radioactive sources and/or classified

components, regardless of which country

owns or provides said sources or

components, within the space vehicle. For

the purposes of this plan, in a situation

whereby the U.S. Government simply sells or

supplies radioactive material to a foreign

country for use in a space vehicle and

otherwise has no active mission involvement,

it shall not be considered a joint venture.

Lead Federal Agency (LFA)—The agency

that is responsible for leading and

coordinating all aspects of the Federal

response is referred to as the LFA and is

determined by the type of emergency. In

situations where a Federal agency owns,

authorizes, regulates, or is otherwise deemed

responsible for the facility or radiological

activity causing the emergency and has

authority to conduct and manage Federal

actions onsite, that agency normally will be

the LFA.

License—An authorization issued to a

facility owner or operator by the NRC

pursuant to the conditions of the Atomic

Energy Act of 1954, as amended, or issued by

an Agreement State pursuant to appropriate

State laws. NRC licenses certain activities

under section 170(a) of that Act.

Local Government—Any county, city,

village, town, district, or political

subdivision of any State, and Indian tribe or

authorized tribal organization, or Alaska

Native village or organization, including any

rural community or unincorporated town or

village or any other public entity.

Monitoring—The use of sampling and

radiation detection equipment to determine

the levels of radiation.

National Defense Area (NDA)—An area

established on non-Federal lands located

within the United States, its possessions or

its territories, for safeguarding classified

defense information or protecting DOD

equipment and/or material. Establishment of

a National Defense Area temporarily places

such non-Federal lands under the effective

control of the Department of Defense and

results only from an emergency event. The

senior DOD representative at the scene shall

define the boundary, mark it with a physical

barrier, and post warning signs. The

landowner’s consent and cooperation shall

be obtained whenever possible; however,

military necessity shall dictate the final

location, shape, and size of the NDA.

National Security Area (NSA)—An area

established on non-Federal lands located

within the United States, its possessions or

territories, for safeguarding classified

information, and/or restricted data or

equipment and material belonging to DOE or

NASA. Establishment of a National Security

Area temporarily places such non-Federal

lands under the effective control of DOE or

NASA and results only from an emergency

event. The senior DOE or NASA

representative having custody of the material

at the scene shall define the boundary, mark

it with a physical barrier, and post warning

signs. The landowner’s consent and

cooperation shall be obtained whenever

possible; however, operational necessity

shall dictate the final location, shape, and

size of the NSA.

Nuclear Facilities—Nuclear installations

that use or produce radioactive materials in

their normal operations.

Offsite—The area outside the boundary of

the onsite area. For emergencies occurring at

fixed nuclear facilities, ‘‘offsite’’ generally

refers to the area beyond the facility

boundary. For emergencies that do not occur

at fixed nuclear facilities and for which no

physical boundary exists, the circumstances

of the emergency will dictate the boundary

of the offsite area. Unless a Federal agency

has the authority to define and control a

restricted area, the State or local government

will define an area as ‘‘onsite’’ at the time of

the emergency, based on required response

activities.

Offsite Federal Support—Federal

assistance in mitigating the offsite

consequences of an emergency and

protecting the public health and safety,

including assistance with determining and

implementing public protective action

measures.

Onscene—The area directly affected by

radiological contamination and environs.

Onscene includes onsite and offsite areas.

Onscene Commander (OSC)—The lead

official designated at the scene of the

emergency to manage onsite activities and

coordinate the overall Federal response to the

emergency.

Onsite—The area within (a) the boundary

established by the owner or operator of a

fixed nuclear facility, or (b) the area

established by the LFA as a National Defense

Area or National Security Area, or (c) the area

established around a downed/ditched U.S.

spacecraft, or (d) the boundary established at

the time of the emergency by the State or

local government with jurisdiction for a

transportation accident not occurring at a

fixed nuclear facility and not involving

nuclear weapons.

Onsite Federal Support—Federal

assistance that is the primary responsibility

of the Federal agency that owns, authorizes,

regulates, or is otherwise deemed responsible

for the radiological facility or material being

transported, i.e., the LFA. This response

supports State and local efforts by supporting

the owner or operator’s efforts to bring the

incident under control and thereby prevent

or minimize offsite consequences.

Owner or Operator—The organization that

owns or operates the nuclear facility or

carrier or cargo that causes the radiological

emergency. The owner or operator may be a

Federal agency, a State or local government,

or a private business.

Protective Action Guide (PAG)—A

radiation exposure or contamination level or

range established by appropriate Federal or

State agencies at which protective actions

should be considered.

Protective Action Recommendation

(Federal)—Federal advice to State and local

governments on measures that they should

take to avoid or reduce exposure of the

public to radiation from an accidental release

of radioactive material. This includes

emergency actions such as sheltering,

evacuation, and prophylactic use of stable

iodine. It also includes longer term measures

to avoid or minimize exposure to residual

radiation or exposure through the ingestion

pathway such as restriction of food,

temporary relocation, and permanent

resettlement.

Public Information Officer (PIO)—Official

at headquarters or in the field responsible for

preparing and coordinating the

dissemination of public information in

cooperation with other responding Federal,

State, and local agencies.

Radiological Assistance Program (RAP)

Team—A response team dispatched to the

site of a radiological incident by the U.S.

Department of Energy (DOE) regional

coordinating office responding to a

radiological incident. RAP Teams are located

at DOE operations offices and national

laboratories and some area offices.

Radiological Emergency—A radiological

incident that poses an actual, potential, or

perceived hazard to public health or safety or

loss of property.

Recovery—Recovery, in this document,

includes all types of emergency actions

dedicated to the continued protection of the

public or to promoting the resumption of

normal activities in the affected area.

Recovery Plan—A plan developed by each

State, with assistance from the responding

Federal agencies, to restore the affected area.

Regional Operations Center (ROC)—The

temporary operations facility for the

coordination of Federal response and

recovery activities, located at the FEMA

Regional Office (or at the Federal Regional

Center) and led by the FEMA Regional

Director or Deputy Regional Director until

the DFO becomes operational.

Senior FEMA Official (SFO)—Official

appointed by the Director of FEMA, or his

representative, to initially direct the FEMA

response at the scene of a radiological

emergency. Also, acts as the Team Leader for

the Advance Element of the Emergency

Response Team (ERT–A).

State Coordinating Officer (SCO)—An

official designated by the Governor of the

affected State to work with the LFA’s

Onscene Commander and Senior FEMA

Official or Federal Coordinating Officer in

coordinating the response efforts of Federal,

State, local, volunteer, and private agencies.

Subcommittee on Federal Response—A

subcommittee of the Federal Radiological

Preparedness Coordinating Committee
20964 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

formed to develop and test the Federal

Radiological Emergency Response Plan. Most

agencies that will participate in the Federal

radiological emergency response are

represented on this subcommittee.

Transportation Emergency—For the

purposes of this plan, any emergency that

involves a transportation vehicle or shipment

containing radioactive materials outside the

boundaries of a facility.

Transportation of Radioactive Materials—

The loading, unloading, movement, or

temporary storage en route of radioactive

materials.

Appendix C—Federal Agency Response

Missions, Capabilities and Resources,

References, and Authorities

Each Federal agency develops and

maintains a plan that describes a detailed

concept of operations for implementing this

Plan. This section contains summary

information about the following Federal

agencies:

Department of Agriculture (USDA)

Department of Commerce (DOC)

Department of Defense (DOD)

Department of Energy (DOE)

Department of Health and Human Services

(HHS)

Department of Housing and Urban

Development (HUD)

Department of the Interior (DOI)

Department of Justice (DOJ)

Department of State (DOS)

Department of Transportation (DOT)

Department of Veterans Affairs (VA)

Environmental Protection Agency (EPA)

Federal Emergency Management Agency

(FEMA)

General Services Administration (GSA)

National Aeronautics and Space

Administration (NASA)

National Communications System (NCS)

Nuclear Regulatory Commission (NRC)

Summary information for each agency

contains: (1) a response mission statement,

(2) a description of the agency’s response

capabilities and resources, (3) agency

response plan and procedures references, and

(4) sources of agency authority.

A. Department of Agriculture

1. Summary of Response Mission. The

United States Department of Agriculture

(USDA) provides assistance to State and local

governments in developing agricultural

protective action recommendations and in

providing agricultural damage assessments.

USDA will actively participate with EPA and

HHS on the Advisory Team for Environment,

Food, and Health when convened. USDA

regulatory responsibilities for the inspection

of meat, meat products, poultry, poultry

products, and egg products are essential

uninterruptible functions that would

continue during an emergency.

2. Capabilities and Resources. USDA can

provide assistance to State and local

governments through emergency response

personnel located at its Washington, DC,

headquarters and from USDA State and

County Emergency Board representatives

located throughout the country. USDA

Emergency Board representatives have

knowledge of local agriculture and can

provide specific advice to the local

agricultural community. In addition, USDA

State and County Emergency Boards can

assist in the collection of agricultural

samples during a radiological emergency.

USDA actively participates with EPA and

HHS on the Advisory Team when convened.

The functions and capabilities of the USDA

to provide assistance in the event of a

radiological emergency include the

following:

a. Provide assistance through regular

USDA programs, if legally adaptable to

radiological emergencies;

b. Provide emergency food coupon

assistance in officially designated disaster

areas, if a need is determined by officials and

if the commercial food system is sufficient to

accommodate the use of food coupons;

c. Assist in reallocation of USDA-donated

food supplies from warehouses, local

schools, and other outlets to emergency care

centers. These are foods donated to various

outlets through USDA food programs;

d. Provide lists that identify locations of

alternate sources of food and livestock feed

and arrange for transportation of the food and

feed if requested;

e. Provide advice to State and local

officials regarding the disposition of livestock

and poultry contaminated by radiation;

f. Inspect meat and meat products, poultry

and poultry products, and egg products

identified for interstate and foreign

commerce to assure that they are safe for

human consumption;

g. Assist State and local officials, in

coordination with HHS and EPA, in the

recommendation and implementation of

protective actions to limit or prevent the

ingestion of contaminated food;

h. Assist, in conjunction with HHS, in

monitoring the production, processing,

storage, and distribution of food through the

wholesale level to eliminate contaminated

product or to reduce the contamination in the

product to a safe level;

i. Assess damage to crops, soil, livestock,

poultry, and processing facilities; and

incorporate findings into a damage

assessment report;

j. Provide advice to State and local officials

on minimizing losses to agricultural

resources from radiation effects;

k. Provide information and assistance to

farmers, food processors, and distributors to

aid them in returning to normal after a

radiological emergency;

l. Provide a liaison to State agricultural

agencies if requested;

m. Assist DOE at the FRMAC in collecting

agricultural samples within the Ingestion

Exposure Pathway Emergency Planning

Zone. Assist in the evaluation and

assessment of data to determine the impact

of the emergency on agriculture;

n. Assist in providing temporary housing

for evacuees who have been displaced from

their homes due to a radiological emergency;

and

o. Provide emergency communications

assistance to the agricultural community

through the Cooperative Extension System,

an electronic mail system.

3. USDA References. USDA Radiological

Emergency Response Plan, January 1988.

4. USDA Specific Authorities.

a. Title 7, U.S.C. § 241–273.

b. Title 7, U.S.C. § 341–349.

c. Title 7, U.S.C. § 612 C.

d. Title 7, U.S.C. § 612 C Note.

e. Title 7, U.S.C. § 1431.

f. Title 7, U.S.C. § 1622.

g. Title 7, U.S.C. § 2014(h).

h. Title 7, U.S.C. § 2204.

i. Title 16, U.S.C. § 590 a-f.

j. Title 21, U.S.C. § 451 et seq.

k. Title 21, U.S.C. § 601 et seq.

l. Title 21, U.S.C. § 1031–1056.

m. Title 42, U.S.C. § 1480.

n. Title 42, U.S.C. §§ 3271–3274.

o. Title 50, U.S.C. Appendix § 2251 et seq.

p. Title 7, CFR 2.51 (a)(30).

q. E.O. 12656, November 18, 1988.

r. DR 1800–1, March 5, 1993.

B. Department of Commerce

1. Summary of Response Mission. The

National Oceanic and Atmospheric

Administration (NOAA) is the primary

agency within the Department of Commerce

(DOC) responsible for providing assistance to

the Federal, State, and local organizations

responding to a radiological emergency.

Other assistance may be provided by the

National Institute of Standards and

Technology. DOC’s responsibilities include:

a. Acquiring and disseminating weather

data and providing weather forecasts in

direct support of the emergency response

operation;

b. Preparing and disseminating predictions

of plume trajectories, dispersion, and

deposition of radiological material released

into the atmosphere;

c. Providing local meteorological support

as needed to assure the quality of these

predictions;

d. Organizing and maintaining a special

data archive for meteorological information

related to the emergency and its assessment;

e. Ensuring that marine fishery products

available to the public are not contaminated;

f. Providing assistance and reference

material for calibrating radiological

instruments; and

g. Providing radiation shielding materials.

2. Capabilities and Resources. NOAA is the

principal DOC participant in the response to

a radiation accident. NOAA prepares both

routine and special weather forecasts, and

makes use of these forecasts to predict

atmospheric transport and dispersion.

NOAA’s forecasts may be the basis for all

public announcements on the movement of

contamination from accidents occurring

outside U.S. territory or during domestic

accidents when any released radioactive

material is expected to be carried offsite.

NOAA has capabilities to do the following:

a. Provide current and forecast

meteorological information as needed to

guide aerial monitoring and sampling, and to

predict the transport and dispersion of

radioactive materials (gases, liquids, and

particles).

b. Routinely forecast the atmospheric

transport, dispersion, and deposition of the

radioactive materials, and disseminate the

results of these computations via automatic

facsimile to all relevant parties, twice per

day.
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20965

c. Produce (and archive) special highresolution meteorological data sets for

providing an improved capability to predict

atmospheric transport and dispersion of

radioactive materials in the atmosphere.

d. Augment routine and special upper

atmosphere and surface meteorological

observation systems, as required to improve

the quality of these predictions.

e. Evaluate NOAA’s transport and

dispersion forecast products in conjunction

with those of other nations’ weather services

responding to the emergency, to provide a

more internationally consistent product.

Additionally, DOC may provide support to

HHS at its request, through the National

Marine Fisheries Service, in order to avoid

human consumption of contaminated

commercial fishery products (marine area

only). The National Institute of Standards

and Technology can assist in calibrating

radiological instruments by comparison with

national standards or by providing standard

reference materials for calibration, as well as

making extensive data on the physical

properties of materials available. The

National Institute of Standards and

Technology can also supply temporary

radiation shielding materials.

3. DOC References. National Plan for

Radiological Emergencies at Commercial

Nuclear Power Plants. Federal Coordinator

for Meteorological Services and Supporting

Research, National Oceanic and Atmospheric

Administration, November 1982.

4. DOC Specific Authorities. Department of

Commerce Organization Order 25–5B, as

amended, June 18, 1987.

C. Department of Defense

1. Summary of Response Mission. The

Department of Defense (DOD) is charged with

the safe handling, storage, maintenance,

assembly, and transportation of nuclear

weapons and other radioactive materials in

DOD custody, and with the safe operation of

DOD nuclear facilities. Inherent in this

responsibility is the requirement to protect

life and property from any health or safety

hazards that could ensue from an accident or

significant incident associated with these

materials or activities.

The DOD role in a Federal response will

depend on the circumstances of the

emergency. DOD will be the LFA if the

emergency involves one of its facilities or a

nuclear weapon in its custody. Within DOD,

the military service or agency responsible for

the facility, ship, or area is responsible for

the onsite response. The military service or

agency having custody of the material

outside an installation boundary is

responsible for the onsite response. For

emergencies occurring under circumstances

for which DOD is not responsible, DOD will

not be the LFA, but will support and assist

in the Federal response.

2. Capabilities and Resources. Offsite

authority and responsibility at a nuclear

accident rest with State and local officials. It

is important to recognize that for nuclear

weapons or weapon component accidents,

land may be temporarily placed under

effective Federal control by the establishment

of a National Defense Area or National

Security Area to protect U.S. Government

classified materials. These lands will revert

to State control upon disestablishment of the

National Defense Area or National Security

Area.

DOD has a trained and equipped nuclear

response organization to deal with accidents

at its facilities or involving materials in its

custody. Radiological resources include

trained response personnel, specialized

radiation instruments, and mobile instrument

calibration and repair capabilities. DOD also

may perform special sampling of airborne

contamination on request. Descriptions of the

capabilities and assets of DOD response

teams can be found in DOD 5100.52M.

DOD may provide assistance in the form of

personnel, logistics and telecommunications,

assistance and expertise in site restoration,

including airlift services, when available,

upon the request of the LFA or FEMA.

Requests for assistance must be directed to

the National Military Command Center or

through channels established by prior

agreements.

3. DOD References.

a. DOD Directive 5100.52, DOD Response

to an Accident or Significant Incident

Involving Radiological Materials.

b. DOD Directive 5230.16, Nuclear

Accident and Incident Public Affairs

Guidance.

c. DOD Directive 3025.1, Military Support

to Civil Authorities.

d. DOD Directive 3025.12, Military

Assistance for Civil Disturbances.

e. DOD Directive 3150.5, DOD Response to

Improvised Nuclear Device (IND) Incident.

f. DOD 5100.52M, Nuclear Weapon

Accident Response Procedures (NARP)

Manual.

g. Joint Federal Bureau of Investigation,

Department of Energy, and Department of

Defense Agreement for Response to

Improvised Nuclear Device Incidents.

4. DOD Specific Authorities.

a. The Atomic Energy Act of 1954, as

amended, 42 U.S.C. 2011–2284.

b. Public Law 97–351, ‘‘Convention on the

Physical Protection of Nuclear Material

Implementation Act of 1982.’’

c. Department of Defense, Department of

Energy, Federal Emergency Management

Agency Memorandum of Agreement on

Response to Nuclear Weapon Accidents and

Nuclear Weapon Significant Incidents, 1983.

D. Department of Energy

1. Summary of Response Mission. The

Department of Energy (DOE) owns and

operates a variety of radiological activities

throughout the United States. These activities

include: fixed nuclear sites; the use, storage,

and shipment of a variety of radioactive

materials; the shipment of spent reactor fuel;

the production, assembly, and shipment of

nuclear weapons and special nuclear

materials; the production and shipment of

radioactive sources for space ventures; and

the storage and shipment of radioactive and

mixed waste. DOE is responsible for the safe

operation of these activities and should an

emergency occur at one of its sites or an

activity under its control, DOE will be the

LFA for the Federal response.

Due to its technical capabilities and

resources, the DOE may perform other roles

within the Federal response to a radiological

emergency. With extensive, field-based

radiological resources throughout the United

States available for emergency deployment,

the DOE responds to requests for offsite

radiological monitoring and assessment

assistance and serves as the initial

coordinator of all such Federal assistance (to

include initial management of the FRMAC) to

State and local governments. With other

specialized, deployable assets, DOE assists

other Federal agencies responding to

malevolent nuclear emergencies, accidents

involving nuclear weapons not under DOE

custody, emergencies caused by satellites

containing radioactive sources, and other

radiological incidents as appropriate.

2. Capabilities and Resources. DOE has

trained personnel, radiological instruments,

mobile laboratories, and radioanalytical

facilities located at its national laboratories,

production, and other facilities throughout

the country. Through eight Regional

Coordinating Offices, these resources form

the basis for the Radiological Assistance

Program, which can provide technical

assistance in any radiological emergency.

DOE can provide specialized radiation

detection instruments and support for both

its response as LFA and as initial coordinator

of Federal radiological monitoring and

assessment assistance. Some of the

specialized resources and capabilities

include:

a. Aerial monitoring capability for tracking

dispersion of radioactive material and

mapping ground contamination;

b. A computer-based, emergency

preparedness and response predictive

capability that provides rapid predictions of

the transport, diffusion, and deposition of

radionuclides released to the atmosphere and

dose projections to people and the

environment;

c. Specialized equipment and instruments

and response teams for locating radioactive

materials and handling damaged nuclear

weapons;

d. Medical experts on radiation effects and

the treatment of exposed or contaminated

patients; and

e. Support facilities for DOE response,

including command post supplies,

communications systems, generators, and

portable video and photographic capabilities.

3. DOE References.

a. DOE Order 5500.1B, Emergency

Management System, April 1991.

b. DOE Order 5500.2B, Emergency

Categories, Classes, and Notification and

Reporting Requirements, April 1991.

c. DOE Order 5500.3A, Planning and

Preparedness for Operational Emergencies,

April 1991.

d. DOE Order 5500.4A, Public Affairs

Policy and Planning Requirements for

Emergencies, June 1992.

e. DOE Order 5530.1A, Accident Response

Group, September 1991.

f. DOE Order 5530.2, Nuclear Emergency

Search Team, September 1991.

g. DOE Order 5530.3, Radiological

Assistance Program, January 1992.

h. DOE Order 5530.4, Aerial Measuring

System, September 1991.
20966 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

i. DOE Order 5530.5, Federal Radiological

Monitoring and Assessment Center, July

1992.

4. DOE Specific Authorities.

a. Atomic Energy Act of 1954, as amended,

42 U.S.C. 2011–2284.

b. Energy Reorganization Act of 1974, 42

U.S.C. 5801 et seq.

c. Department of Energy Organization Act

of 1977, 42 U.S.C. 7101 et seq.

d. Nuclear Waste Policy Act of 1982, 42

U.S.C. 10101 et seq.

e. Title 44, Code of Federal Regulations,

Part 351, Radiological Emergency Planning

and Preparedness, § 351.24, The Department

of Energy.

E. Department of Health and Human Services

1. Summary of Response Mission. In a

radiological emergency, the Department of

Health and Human Services (HHS) assists

with the assessment, preservation, and

protection of human health and helps ensure

the availability of essential health/medical

and human services. Overall, the Office of

Public Health and Science, Office of

Emergency Preparedness, coordinates the

HHS emergency response. HHS provides

technical and nontechnical assistance in the

form of advice, guidance, and resources to

Federal, State, and local governments. The

principal HHS response comes from the U.S.

Public Health Service. HHS actively

participates with EPA and USDA on the

Advisory Team for Environment, Food, and

Health when convened.

2. Capabilities and Resources. HHS has

personnel located at headquarters, regional

offices, and at laboratories and other facilities

who can provide assistance in radiological

emergencies. The agency can provide the

following kinds of advice, guidance, and

assistance:

a. Assist State and local government

officials in making evacuation and relocation

decisions;

b. Ensure the availability of health and

medical care and other human services

(especially for the aged, the poor, the infirm,

the blind, and others most in need);

c. Provide advice and guidance in

assessing the impact of the effects of

radiological incidents on the health of

persons in the affected area;

d. Assist in providing crisis counseling to

victims in affected geographic areas;

e. Provide guidance on the use of

radioprotective substances (e.g., thyroid

blocking agents), including dosage, and also

projected radiation doses that warrant the use

of such drugs;

f. In conjunction with DOE and DOD,

advise medical personnel on proper medical

treatment of people exposed to or

contaminated by radioactive materials;

g. Recommend Protective Action Guides

for food and animal feed and assist in

developing technical recommendations on

protective measures for food and animal feed;

and

h. Provide guidance to State and local

health officials on disease control measures

and epidemiological surveillance and study

of exposed populations.

3. HHS References.

a. 55 FR 2879, January 29, 1990—

Delegations of authority to the Assistant

Secretary for Health for department-wide

emergency preparedness functions.

b. 55 FR 2885, January 29, 1990—

Statement of organization, functions and

delegations of authority to the Office of

Emergency Preparedness.

c. Federal Response Plan, Emergency

Support Functions #8 (Health and Medical

Services), April 1992.

d. Disaster Response Guides, Operating

Divisions, Various Dates.

4. HHS Specific Authorities.

a. Public Health Service Act, as amended,

42 U.S.C. 201 et seq.

b. Federal Food, Drug, and Cosmetic Act of

1938, as amended, 21 U.S.C. 301–392.

c. Snyder Act, 25 U.S.C. 13 (1921).

d. Transfer Act, 42 U.S.C. 2004b.

e. Indian Health Care Improvement Act, 25

U.S.C. 1601 et seq.

f. The Robert T. Stafford Disaster Relief and

Emergency Assistance Act, as amended, Title

VI, 42 U.S.C. 5195 et seq.

g. Comprehensive Environmental

Response, Compensation, and Liability Act of

1980 (SUPERFUND), 42 U.S.C. 9601 et seq.,

as amended by the SUPERFUND

Amendments and Reauthorization Act of

1986 (Public Law 99–499) (1986).

h. 42 U.S.C. 3030—Section 310 of the

Older Americans Act.

i. 42 U.S.C. 601 et seq.—Section 401 et seq.

of the Social Security Act.

j. 45 CFR 233.120—Emergency Community

Services Homeless Grant Program.

k. 45 CFR 233.120—AFDC Emergency

Assistance Program.

l. 45 CFR 233.20(a)(2)(v)—AFDC Special

Needs Allowance.

m. Runaway and Homeless Youth Act, as

amended, Section 366(0).

n. Omnibus Budget Reconciliation Act of

1981, Title XXVI (as amended by Public

Laws 98–558, 99–425, 101–501, 101–517)—

Low Income Home Energy Assistance

Program.

o. E.O. 12656, National Security

Emergency Preparedness—Part 8.

F. Department of Housing and Urban

Development

1. Summary of Response Mission. The

Department of Housing and Urban

Development (HUD) provides information on

available housing for disaster victims or

displaced persons. HUD assists in planning

for and placing homeless victims by

providing emergency housing and technical

support staff within available resources.

2. Capabilities and Resources. HUD has

capabilities to do the following:

a. Review and report on available housing

for disaster victims and displaced persons;

b. Assist in planning for and placing

homeless victims in available housing;

c. Provide staff to support emergency

housing within available resources; and

d. Provide technical housing assistance

and advisory personnel.

3. HUD References. HUD Handbook

3200.02, REV–3, ‘‘Disaster Response and

Assistance.’’

4. HUD Specific Authorities. HUD housing

programs provide the Department some

discretion, to the extent permissible by law,

in granting waivers of eligibility

requirements to disaster-displaced families.

These programs provide rental housing

assistance, HUD/FHA-insured loans to repair

and rebuild homes, and HUD/FHA-insured

loans to purchase new or existing housing,

under the following authorities:

a. National Housing Act, as amended, 12

U.S.C. 1701 et seq.

b. United States Housing Act of 1977, as

amended, 42 U.S.C. 1437c et seq.

c. Housing and Community Development

Act of 1974, as amended, 42 U.S.C. 5301 et

seq.

d. National Affordable Housing Act of 1990

(P.L. 101–625), as amended.

G. Department of the Interior

1. Summary of Response Mission. The

Department of the Interior (DOI) manages

over 500 million acres of Federal lands and

thousands of Federal natural resources

facilities and is responsible for these lands

and facilities, as well as other natural

resources such as endangered and threatened

species, migratory birds, anadromous fish,

and marine mammals, when they are

threatened by a radiological emergency. In

addition, DOI coordinates emergency

response plans for DOI-managed refuges,

parks, recreation areas, monuments, public

lands, and Indian trust lands with State and

local authorities; operates its water resources

projects to protect municipal and agricultural

water supplies in cases of radiological

emergencies; and provides advice and

assistance concerning hydrologic and natural

resources, including fish and wildlife, to

Federal, State, and local governments upon

request. DOI also administers the Federal

Government’s trust responsibility for 512

Federally recognized Indian tribes and

villages, and about 50 million acres of Indian

lands. The Bureau of Indian Affairs of the

Department of the Interior is available to

assist other agencies in consulting with these

tribes about radiological emergency

preparedness and responses to emergencies.

DOI also has certain responsibilities for the

United States insular areas.

2. Capabilities and Resources. DOI has

personnel at headquarters and in regional

offices with technical expertise to do the

following:

a. Advise and assist in assessing the nature

and extent of radioactive releases to water

resources including support of monitoring

personnel, equipment, and laboratory

analytical capabilities.

b. Advise and assist in evaluating

processes affecting radioisotopes in soils,

including personnel, equipment, and

laboratory support.

c. Advise and assist in the development of

geographical information systems (GIS)

databases to be used in the analysis and

assessment of contaminated areas including

personnel, equipment, and databases.

d. Provide hydrologic advice and

assistance, including monitoring personnel,

equipment, and laboratory support.

e. Advise and assist in assessing and

minimizing offsite consequences on natural

resources, including fish and wildlife,

subsistence uses, land reclamation, mining,

and mineral expertise.
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20967

f. Advise and assist the United States

insular areas on economic, social, and

political matters.

g. Coordinate and provide liaison between

Federal, State, and local agencies and

Federally recognized Indian tribal

governments on questions of radiological

emergency preparedness and responses to

incidents.

3. DOI References.

a. 910 DM 5 (Draft)—Interior Emergency

Operations, Federal Radiological Emergency

Response Plan.

b. 296 DM 3 (Draft)—Interior Emergency

Delegations, Radiological Emergencies.

4. DOI Specific Authorities.

a. Organic Act of 1879 providing for

‘‘surveys, investigations, and research

covering the topography, geology, hydrology,

and the mineral and water resources of the

United States,’’ 43 U.S.C. 31 (USGS).

b. Appropriations Act of 1894 providing

for gaging streams and assessment of water

supplies of the U.S., 28 Stat. 398 (USGS).

c. OMB Circular A–67 (1964) giving DOI

(USGS) responsibility ‘‘* * * for the design

and operation of the national network for

acquiring data on the quantity and quality of

surface ground waters * * *’’ (USGS).

d. The Reclamation Act of 1902, as

amended, 43 U.S.C. 391, and project

authorization acts (BuRec).

e. National Park Service Act of 1916, 16

U.S.C. 1 et seq., and park enabling acts (NPS).

f. The Snyder Act of 1921, as amended, 25

U.S.C. 13. DOI shall direct, supervise, and

expend such monies appropriated by

Congress for the benefit, care, and assistance

of Indians throughout the United States for

such purposes as the relief of distress, and

conservation of health, for improvement of

operation and maintenance of existing Indian

irrigation and water supply systems * * *

etc. (BIA).

g. National Wildlife Refuge System

Administration Act of 1966, as amended, 16

U.S.C. 668dd, and refuge enabling acts

(FWS).

h. Federal Land Policy and Management

Act of 1976, 43 U.S.C. 1701 et seq. (BLM).

i. Endangered Species Act (1973), as

amended, 16 U.S.C. 1531 et seq. Federal

agencies may not jeopardize the continued

existence of endangered or threatened

species (FWS).

j. Migratory Bird Treaty Act (1918), as

amended, 16 U.S.C. 703 et seq. Prohibits the

taking of migratory birds without permits

(FWS).

k. Anadromous Fish Conservation Act, as

amended, 16 U.S.C. 757a et seq.

Reestablishes anadromous fish habitat (FWS).

l. Marine Mammal Protection Act (1972),

as amended, 16 U.S.C. 1361 et seq. Conserves

marine mammals with management of

certain species vested in DOI (FWS).

H. Department of Justice

1. Summary of Response Mission. The

Department of Justice (DOJ) is the lead

agency for coordinating the Federal response

to acts of terrorism in the United States and

U.S. territories. Within the DOJ, the Federal

Bureau of Investigation (FBI) will manage the

law enforcement aspect of the Federal

response to such incidents. The FBI also is

responsible for investigating all alleged or

suspected criminal violations of the Atomic

Energy Act of 1954, as amended.

2. Capabilities and Resources. The FBI will

coordinate all law enforcement operations

including intelligence gathering, hostage

negotiations, and tactical operations.

3. DOJ References.

a. Memorandum of Understanding between

DOJ, DOD, and DOE for Responding to

Domestic Malevolent Nuclear Weapons

Emergencies.

b. Federal Bureau of Investigation Nuclear

Incident Response Plan.

c. Memorandum of Understanding between

DOE and the FBI for Responding to Nuclear

Threat Incidents.

d. Memorandum of Understanding

between the FBI and the NRC Regarding

Nuclear Threat Incidents Involving NRCLicensed Facilities, Materials, or Activities.

e. Memorandum of Understanding between

DOE, FBI, White House Military Office, and

the U.S. Secret Service Regarding Nuclear

Incidents Concerning the Office of the

President and Vice President of the United

States.

f. Joint Federal Bureau of Investigation,

Department of Energy, and Department of

Defense Agreement for Response to

Improvised Nuclear Device Incidents.

4. DOJ Specific Authorities.

a. Atomic Energy Act of 1954, 42 U.S.C.

2011–2284.

b. 18 U.S.C. § 831 (Prohibited Transactions

Involving Nuclear Materials).

I. Department of State

1. Summary of Response Mission. The

Department of State (DOS) is responsible for

the conduct of relations between the U.S.

Government and other governments and

international organizations and for the

protection of U.S. interests and citizens

abroad.

In a radiological emergency outside the

United States, DOS is responsible for

coordinating U.S. Government actions

concerning the event in the country where it

occurs (including evacuation of U.S. citizens,

if necessary) and internationally. Should the

FRERP be invoked due to the need for

domestic action, DOS will continue to hold

this role within the FRPCC structure.

Specifically, DOS will coordinate foreign

information-gathering activities and, in

particular, conduct all contacts with foreign

governments except in cases where existing

bilateral agreements permit direct agency-toagency cooperation. In the latter situation,

the U.S. agency will keep DOS fully informed

of all communications.

In a domestic radiological emergency with

potential international trans-boundary

consequences, DOS will coordinate all

contacts with foreign governments and

agencies except where existing bilateral

agreements provide for direct exchange of

information. DOS is responsible for

conveying the U.S. Government response to

foreign offers of assistance.

2. Capabilities and Resources. The State

Department maintains embassies, missions,

interest sections (in countries where the

United States does not have diplomatic

relations), and consulates throughout the

world. The State Department Operations

Center is capable of secure, immediate,

around-the-clock communications with

diplomatic posts. The diplomatic personnel

stationed at a post are knowledgeable of local

factors important to clear and concise

communication, and frequently speak the

local language. The Ambassador is the

President’s personal representative to the

host government, and his country team is

responsible for coordinating official contacts

between the U.S. Government and the host

government or international organization.

3. DOS References. Task Force Manual for

Crisis Management (rev. 11 January 1990).

4. DOS Specific Authorities.

a. Presidential Directive/NSC–27 (PD–27)

of January 19, 1978.

b. 22 U.S.C. 2656.

c. 22 U.S.C. 2671(a)(92)(A).

J. Department of Transportation

1. Summary of Response Mission. The

Department of Transportation (DOT)

Radiological Emergency Response Plan for

Non-Defense Emergencies provides

assistance to State and local governments

when a radiological emergency adversely

affects one or more transportation modes and

the States or local jurisdictions requesting

assistance have inadequate technical and

logistical resources to meet the demands

created by a radiological emergency.

2. Capabilities and Resources. DOT can

assist Federal, State, and local governments

with emergency transportation needs and

contribute to the response by assisting with

the control and protection of transportation

near the area of the emergency. DOT has

capabilities to do the following:

a. Support State and local governments by

identifying sources of civil transportation on

request and when consistent with statutory

responsibilities.

b. Coordinate the Federal civil

transportation response in support of

emergency transportation plans and actions

with State and local governments. (This may

include provision of Federally controlled

transportation assets and the controlling of

transportation routes to protect commercial

transportation and to facilitate the movement

of response resources to the scene.)

c. Provide Regional Emergency

Transportation Coordinators and staff to

assist State and local authorities in planning

and response.

d. Provide technical advice and assistance

on the transportation of radiological

materials and the impact of the incident on

the transportation system.

e. Provide exemptions from normal

transportation hazardous materials

regulations if public interest is best served by

allowing shipments to be made in variance

with the regulations. Most exemptions are

issued following public notice procedures,

but if emergency conditions exist, DOT can

issue emergency exemptions by telephone.

f. Control airspace, including the

imposition of Temporary Flight Restrictions

and issuance of Notices to Airmen

(NOTAMS), both to give priority to

emergency flights and protect aircraft from

contaminated airspace.

DOT is responsible for dealing with the

International Atomic Energy Agency and
20968 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

foreign Competent Authorities on issues

related to packaging and other standards for

the international transport of radioactive

materials. If a transport accident involves

international shipments of radioactive

materials, DOT will be the point of contact

for working with the transportation

authorities of the foreign country that offered

the material for transport in the United

States.

3. DOT References.

a. Department of Transportation

Radiological Emergency Response Plan for

Non-Defense Emergencies, August 1985.

b. DOT Order 1900.8, Department of

Transportation Civil Emergency

Preparedness Policies and Program(s).

c. DOT Order 1900.7D, Crisis Action Plan.

d. Transportation Annex (Emergency

Support Function #1), Federal Response

Plan.

4. DOT Specific Authorities.

a. 49 U.S.C. 301.

b. 44 CFR 351, Radiological Emergency

Planning and Preparedness, § 351.25, The

Department of Transportation.

K. Department of Veterans Affairs

1. Summary of Response Mission. The

Department of Veterans Affairs (VA) can

assist other Federal agencies, State and local

governments, and individuals in an

emergency by providing immediate and longterm medical care, including management of

radiation trauma, as well as first aid, at its

facilities or elsewhere. VA can make

available repossessed VA mortgaged homes

to be used for housing for affected

individuals. VA can manage a system of

disposing of the deceased. VA can provide

medical, biological, radiological, and other

technical guidance for response and recovery

reactions. Generally, none of these actions

will be taken unilaterally but at the request

of a responsible senior Federal official and

with appropriate external funding.

2. Capabilities and Resources. In addition

to the capabilities listed above, VA:

a. Operates almost 200 full-facility

hospitals and outpatient clinics throughout

the United States;

b. Has almost 200,000 employees with

broad medical, scientific, engineering and

design, fiscal, and logistical capabilities;

c. Manages the National Cemetery System

in 38 States;

d. May have a large inventory of

repossessed homes (this inventory varies

according to economic trends);

e. Is one of the Federal managers of the

National Disaster Medical System;

f. Is a participant in the VA/DOD

contingency plan for Medical Backup in

times of national emergency;

g. Has the capability to manage the medical

effects of radiation trauma using the VA’s

Medical Emergency Radiological Response

Teams (MERRTs); and

h. Has a fully equipped emergency center

with multi-media communications at the

Emergency Medical Preparedness Office

(EMPO).

3. VA References. MP–1, Part II, Chapter 13

(Emergency Preparedness Plan), March 20,

1985, as revised.

4. VA Specific Authorities. a. The Robert

T. Stafford Disaster Relief and Emergency

Assistance Act, as amended, Title VI, 42

U.S.C. 5195 et seq.

b. National Security Decision Directive

Number 47 (NSDD–47), July 22, 1982,

Emergency Mobilization Preparedness.

c. National Security Decision Directive

Number 97 (NSDD–97), June 13, 1982,

National Security Telecommunications

Policy.

d. National Plan of Action for Emergency

Mobilization Preparedness.

e. Veterans Administration and

Department of Defense Health Resources

Sharing and Emergency Operations Act, 38

U.S.C. 5001 et seq.

f. E.O. 11490, Assignment of Preparedness

Functions to Federal Departments and

Agencies, October 28, 1969, as amended, 3

CFR, 1966–1970 Comp., p. 820.

g. E.O. 12656, Assignment of Emergency

Preparedness Responsibilities, November 18,

1988, 3 CFR, 1988 Comp., p. 585.

h. E.O. 12657, Federal Emergency

Management Agency Assistance, Emergency

Preparedness Planning at Commercial

Nuclear Power Plants, November 23, 1988, 3

CFR, 1988 Comp., p. 611.

L. Environmental Protection Agency

1. Summary of Response Mission. The

Environmental Protection Agency (EPA)

assists Federal, State, and local governments

during radiological emergencies by providing

environmental and water supply monitoring,

recommending protective actions, and

assessing the consequences of radioactivity

releases to the environment. These services

may be provided at the request of the Federal

or State Government, or EPA may respond to

an emergency unilaterally in order to fulfill

its statutory responsibility. EPA actively

participates with USDA and HHS on the

Advisory Team when convened.

2. Capabilities and Resources. EPA can

provide personnel, resources, and equipment

(including mobile monitoring laboratories)

from its facilities in Montgomery, AL, and

Las Vegas, NV, and technical support from

Headquarters and regional offices. EPA has

capability to do the following:

a. Direct environmental monitoring

activities and assess the environmental

consequences of radioactivity releases.

b. Develop Protective Action Guides.

c. Recommend protective actions and other

radiation protection measures.

d. Recommend acceptable emergency

levels of radioactivity and radiation in the

environment.

e. Prepare health and safety advice and

information for the public.

f. Assist in the preparation of long-term

monitoring and area restoration plans; and

recommend clean-up criteria.

g. Estimate effects of radioactive releases

on human health and environment.

h. Provide nationwide environmental

monitoring data from the Environmental

Radiation Ambient Monitoring Systems for

assessing the national impact of the

emergency.

3. EPA References.

a. U.S. Environmental Protection Agency

Radiological Emergency Response Plan,

Office of Radiation Programs, December

1986.

b. Letter of Agreement between DOE and

EPA for Notification of Accidental

Radioactivity Releases into the Environment

from DOE Facilities, January 8, 1978.

c. Letter of Agreement between NRC and

EPA for Notification of Accidental

Radioactivity Releases to the Environment

from NRC Licensed Facilities, July 28, 1982.

d. Manual of Protective Action Guides and

Protective Actions for Nuclear Incidents,

Office of Radiation Programs, January 1990.

e. Memorandum of Understanding

Between the Federal Emergency Management

Agency and the Environmental Protection

Agency Concerning the Use of High

Frequency Radio for Radiological Emergency

Response 1981, Office of Radiation Programs,

EPA.

4. EPA Specific Authorities.

a. Atomic Energy Act of 1954, as amended,

42 U.S.C. 2011 et seq. (1970), and

Reorganization Plan #3 of 1970.

b. Public Health Service Act, as amended,

42 U.S.C. 241 et seq. (1970).

c. Safe Drinking Water Act, as amended, 42

U.S.C. 300f et seq. (1974).

d. Clean Air Act, as amended, 42 U.S.C.

7401 et seq. (1977).

e. Comprehensive Environmental

Response, Compensation, and Liability Act of

1980 (SUPERFUND), 42 U.S.C. 9601 et seq.,

as amended by the Superfund Amendments

and Reauthorization Act of 1986 (Public Law

99–499) (1986).

f. E.O. 12656, Assignment of Emergency

Preparedness Responsibilities, November 18,

1988, 3 CFR, 1988 Comp., p. 585.

M. Federal Emergency Management Agency

1. Summary of Response Mission. The

Federal Emergency Management Agency

(FEMA) is responsible for coordinating offsite

Federal response activities and Federal

assistance to State and local governments for

functions other than radiological monitoring

and assessment. FEMA’s coordination role is

to promote an effective and efficient response

by Federal agencies at both the national level

and at the scene of the emergency. FEMA

coordinates the activities of Federal, State,

and local agencies at the national level

through the use of its Emergency Support

Team and at the scene of the emergency with

its Emergency Response Team.

2. Capabilities and Resources. FEMA will

provide personnel who are experienced in

disaster assistance to establish and operate

the DFO; public information officials to

coordinate public information activities;

personnel to coordinate reporting to the

White House and liaison with the Congress;

and personnel experienced in information

support for the Federal response. FEMA

personnel are familiar with the capabilities of

other Federal agencies and can aid the States

and other Federal agencies in obtaining the

assistance they need. FEMA will:

a. Coordinate assistance to State and local

governments among the Federal agencies;

b. Coordinate Federal agency response

activities, except those pertaining to the

FRMAC, and coordinate these with the

activities of the LFA;

c. Work with the LFA to coordinate the

dissemination of public information

concerning Federal emergency response
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices 20969

activities. Promote the coordination of public

information releases with State and local

governments, appropriate Federal agencies,

and appropriate private sector authorities;

and

d. Help obtain logistical support for

Federal agencies.

3. FEMA References.

a. Federal Response Plan, April, 1992, and

subsequent changes.

b. Emergency Response Team Plans for

FEMA Regions I, II, III, IV, V, VI, VII, VIII,

IX, and X, various dates.

c. NRC/FEMA Operational Response

Procedures for Response to a Commercial

Nuclear Reactor Accident (NUREG–0981/

FEMA–51), Rev. 1, February 1985.

d. Memorandum of Understanding for

Incident Response between the Federal

Emergency Management Agency and the

Nuclear Regulatory Commission, October 22,

1980.

e. Department of Defense, Department of

Energy, Federal Emergency Management

Agency Memorandum of Agreement for

Response to Nuclear Weapon Accidents and

Nuclear Weapon Significant Incidents, 1983.

f. Memorandum of Understanding, GSA

and FEMA, February 1989.

4. FEMA Specific Authorities.

a. The Robert T. Stafford Disaster Relief

and Emergency Assistance Act, P.L. 93–288,

as amended, 42 U.S.C. 5121 et seq.

b. E.O. 12148 of July 20, 1979, Federal

Emergency Management, 3 CFR, 1979 Comp.,

p. 412.

c. E.O. 12241 of September 29, 1980,

National Contingency Plan, 3 CFR, 1980

Comp., p. 282.

d. E.O. 12472 of April 3, 1984, Assignment

of National Security and Emergency

Preparedness Telecommunications

Functions, 3 CFR, 1984 Comp., p. 193.

e. E.O. 12656 of November 18, 1988,

Assignment of Emergency Preparedness

Responsibilities, 3 CFR, 1988 Comp., p. 585.

f. E.O. 12657 of November 18, 1988,

Federal Emergency Management Agency

Assistance in Emergency Preparedness

Planning at Commercial Nuclear Power

Plants, 3 CFR, 1988 Comp., p. 611.

g. 44 CFR 351, Radiological Emergency

Planning and Preparedness.

h. 44 CFR 352, Commercial Nuclear Power

Plants: Emergency Preparedness Planning.

N. General Services Administration

1. Summary of Response Mission. The

General Services Administration (GSA) is

responsible to direct, coordinate, and provide

logistical support of other Federal agencies.

GSA, in accordance with the National Plan

for Telecommunications Support During

Non-Wartime Emergencies, manages the

provision and operations of

telecommunications and automated data

processing services. A GSA employee, the

Federal Emergency Communications

Coordinator (FECC), in accordance with

appropriate regulations and plans, is

appointed to perform communications

management functions.

2. Capabilities and Resources. GSA

provides acquisition and procurement of

floor space, telecommunications and

automated data processing services,

transportation, supplies, equipment,

material; it also provides specified logistical

services that exceed the capabilities of other

Federal agencies. GSA also provides

contracted advisory and support services to

Federal agencies and provides security

services on Federal property leased by or

under the control of GSA. GSA will identify

a Regional Emergency Communications

Planner (RECP) and FECC, when required, for

each of the 10 standard Federal regions. GSA

will authorize the RECP to provide technical

support and to accept guidance from the

FEMA Regional Director during the predeployment phase of a telecommunications

emergency. The GSA Regional Emergency

Coordinator will coordinate all the services

provided. Upon request of the Senior FEMA

Official (SFO) through the Regional

Emergency Coordinator, GSA will dispatch

the FECC to the disaster site to expedite the

provision of the telecommunications

services.

3. Funding. GSA is not funded by

Congressional appropriations. All requests

for support are funded by the requestor in

accordance with normal procedures or

existing agreements.

4. GSA References.

a. Memorandum of Understanding between

GSA and FEMA Pertaining to Disaster

Assistance Programs, Superfund Relocation

Program, and Federal Radiological

Emergency Response Plan Programs,

February 2, 1989.

b. GSA Orders in the 2400 Series

(Emergency Management).

c. National Communications System Plan

for Telecommunications Support to NonWartime Emergencies, January 1992.

d. National Telecommunications System

Telecommunication Procedures Manuals.

5. GSA Specific Authorities.

a. The Federal Property and Administrative

Services Act of 1947, as amended, 40 U.S.C.

471 et seq.

b. The Communications Act of 1934, 47

U.S.C. 390 et seq.

c. The Defense Production Act of 1950, as

amended, 50 App. 2061 et seq.

d. E.O. 12472 of April 3, 1984, Assignment

of National Security and Emergency

Preparedness Telecommunications

Functions, 3 CFR, 1984 Comp., p. 193.

e. Federal Acquisition Regulations, 48 CFR

1.

f. The General Services Administration

Acquisition Regulations, 41 CFR 5.

g. Federal Property Management

Regulations, 41 CFR 101.

h. Federal Travel Regulations, 41 CFR 301–

304.

O. National Aeronautics and Space

Administration

1. Summary of Response Mission. The role

of the National Aeronautics and Space

Administration (NASA) in a Federal response

will depend on the circumstances of the

emergency. NASA will be the LFA and will

coordinate the initial response and support of

other agencies as agreed to in specific

interagency agreements when the launch

vehicle or payload carrying the nuclear

source is a NASA responsibility.

2. Capabilities and Resources. NASA has

launch facilities and the ability to provide

launch vehicle and space craft telemetry data

through its tracking and data network. NASA

also has the capability to provide limited

radiological monitoring and emergency

response from its field centers in Florida,

Alabama, Maryland, Virginia, Ohio, Texas,

and California.

3. NASA References.

a. KHB 1860.1B KSC Ionizing Radiation

Protection Program.

b. Memorandum of Understanding between

the Department of Energy and the National

Aeronautics and Space Administration

concerning Radioisotope Power Systems for

Space Missions, dated July 26, 1991, as

supplemented.

4. NASA Specific Authorities.

a. National Aeronautics and Space Act of

1958, as amended, 42 U.S.C. 2451 et seq.

b. NASA Policy Directives (NPDs), as

applicable.

P. National Communications System

1. Summary of Response Mission. Under

the National Plan for Telecommunications

Support in Non-Wartime Emergencies, the

Manager, National Communications System

(NCS), is responsible for adequate

telecommunications support to the Federal

response and recovery operations. The

Manager, NCS, will identify, upon the

request of the Senior FEMA Official, a

Communications Resource Manager from the

NCS/National Coordinating Center (NCC)

staff when any of the following conditions

exist: (1) when local telecommunications

vendors are unable to satisfy all

telecommunications service requirements; (2)

when conflicts between multiple Federal

Emergency Communications Coordinators

occur; or (3) if the allocation of available

resources cannot be fully accomplished at the

field level. The Manager, NCC, will monitor

all extraordinary situations to determine that

adequate national security emergency

preparedness telecommunications services

are being provided to support the Federal

response and recovery operations.

2. Capabilities and Resources. NCS can

provide the expertise and authority to

coordinate the communications for the

Federal response and to assist appropriate

State agencies in meeting their

communications requirements.

3. NCS References.

a. National Plan for Telecommunications

Support in Non-Wartime Emergencies,

September 1987.

b. Memorandum of Understanding, GSA

and FEMA, February 1989.

c. E.O. 12046 (relates to the transfer of

telecommunications functions), the White

House, March 27, 1978, 3 CFR, 1978 comp.,

p. 158.

4. NCS Specific Authorities.

a. E.O. 12472, Assignment of National

Security and Emergency Preparedness

Telecommunications Functions, April 3,

1984, 3 CFR, 1984 Comp., p. 193.

b. E.O. 11490, October 30, 1969, 3 CFR,

1966–1970 Comp., p. 820.

c. E.O. 12046, March 27, 1978, 3 CFR, 1978

Comp., p. 158.

d. White House Memorandum, National

Security and Emergency Preparedness:

Telecommunications and Management and

Coordination Responsibilities, July 5, 1978.
20970 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Notices

Q. Nuclear Regulatory Commission

1. Summary of Response Mission. The U.S.

Nuclear Regulatory Commission (NRC)

regulates the use of byproduct, source, and

special nuclear material, including activities

at commercial and research nuclear facilities.

If an incident involving NRC-regulated

activities poses a threat to the public health

or safety or environmental quality, the NRC

will be the LFA. In such an incident, the NRC

is responsible for monitoring the activities of

the licensee to ensure that appropriate

actions are being taken to mitigate the

consequences of the incident and to ensure

that appropriate protective action

recommendations are being made to offsite

authorities in a timely manner. In addition,

the NRC will support its licensees and offsite

authorities, including confirming the

licensee’s recommendations to offsite

authorities.

Consistent with NRC’s agreement to

participate in FRMAC, the NRC may also be

called upon to assist in Federal radiological

monitoring and assessment activities during

incidents for which it is not the LFA.

2. Capabilities and Resources.

a. The NRC has trained personnel who can

assess the nature and extent of the

radiological emergency and its potential

offsite effects on public health and safety and

provide advice, when requested, to the State

and local agencies with jurisdiction based on

this assessment.

b. The NRC can assess the facility

operator’s recommendations and, if needed,

develop Federal recommendations on

protective actions for State and local

governments with jurisdiction that consider,

as required, all substantive views of other

Federal agencies.

c. The NRC has a system of

thermoluminescent dosimeters (TLD)

established around every commercial nuclear

power reactor in the country. The NRC can

retrieve and exchange these TLDs promptly

and obtain immediate readings onscene.

3. NRC References.

a. NRC Incident Response Plan Revision 2

(NUREG–0728), NRC Office for Analysis and

Evaluation of Operational Data, June 1987.

b. Regions I through V Supplements to

NUREG–0845, 1990.

c. NRC/FEMA Operational Response

Procedures for Response to a Commercial

Nuclear Reactor Accident, (NUREG–0981;

FEMA–51), Rev. 1, February 1985.

d. Operational Response Procedures

Developed between NRC, EPA, HHS, DOE,

and USDA, January 1991.

e. Memorandum of Understanding for

Incident Response between the Federal

Emergency Management Agency and the

Nuclear Regulatory Commission, October 22,

1980.

f. Memorandum of Understanding Between

the FBI and the NRC Regarding Nuclear

Threat Incidents Involving NRC-Licensed

Facilities, Materials, and Activities, March

13, 1991.

g. NUREG/BR–0150, ‘‘Response Technical

Manual,’’ November 1993.

h. NUREG–1442 (Rev. 1)/FEMA–REP–17

(Rev. 1), ‘‘Emergency Response Resources

Guide,’’ July 1992.

i. NUREG–1467, ‘‘Federal Guide for a

Radiological Response: Supporting the

Nuclear Regulatory Commission During the

Initial Hours of a Serious Accident,’’

November 1993.

j. NUREG–1471, ‘‘U.S. NRC Concept of

Operations,’’ February 1994.

k. NUREG–1210, ‘‘Pilot Program; NRC

Severe Reactor Accident Incident Response

Training Manual,’’ February 1987.

4. NRC Specific Authorities.

a. Atomic Energy Act of 1954, as amended,

42 U.S.C. 2011–2284.

b. Energy Reorganization Act of 1974, 42

U.S.C. 5841 et seq.

c. 10 CFR Parts 0 to 199.

[FR Doc. 96–11313 Filed 5–7–96; 8:45 am]

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