ML20245H585
| ML20245H585 | |
| Person / Time | |
|---|---|
| Issue date: | 06/24/1988 |
| From: | Jordan E NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20245D214 | List: |
| References | |
| FRN-54FR7178, RULE-PR-50 AC83-2-04, AC83-2-4, NUDOCS 8905030439 | |
| Download: ML20245H585 (26) | |
Text
A i Tr 3 - 2.-
u e 24, 1988 PDR !
MEMORANDJJM FOR: Victor Stello, Jr.
Executive Director for Operations 1 FROM: Edward L. Jordan, Director Office f:r Analysis anc Evaluation {
of Ope ational Data i l
SUBJECT:
\
PUBLICATON OF PROPOSED RULE REGARDING LICENSEE i ACTION D.AING NATIONAL SECURITY EMERGENCY
.l
(
SECY-88-95, April 4,1988, requested Commission approval o' a proposed f
rule change to Section 10 CFR 50.54 for publication in the Federal Register. I By memorandum dated May 20, 1988, SECY informed you of the Commission's approval of the proposed 4 ule change subject to certain modifications.
j These changes have been incorporated into the enclosed final rule package. l
{
This is to request that ycu sign the Federal Register notice anc fcrvard l
it to the Division of Rules and Record (ARM) for transmittal to the Federa !
Register.
Original Signed By Edward L. Jordan
- Fdward L. Jordan, Director Office. for Analysis and Evaluation of Operational Data
Enclosure:
Proposed Rule Regarding Licensee Action During a National e
. Security Emergency
~
Distribution:
E. L. Jordan, AE00 .
C. J. Heltemes, AEOD.
R. L. Spessard, AE00 G. G. Zech, AE00
- 8. H. Weiss, AEOD M. A. Taylor, OEDO -
IRB Reading File' 00A Reading File $$$50fj439890417 AEOD Reading File DCS 50 54FR7178 FDR '
1 .
OFC :If _
00: :IR :00A: AE0040: :AE00 :00-
. . . . . . . . . ; . ., : :0: E :
........:..e. .... .
o Zsch PJ:
essard :C; eltemes :
dan : :
DATE $06//7/88 .....h/88
$06/ :06/P/88
$ 06/14'88 $060V/88 I
\ OFFICIAL RECORD COPY '
l Y - _- - - -__
e
~
bCn-%
4 27174 Pb(
Proposed Rules r as a+" !
r i Vol. 63. No.14 i Tuesday July 19. 1988 Thh section of the FEDERAL REGISTCR regulating the handling of milk in the Pursuant to a request frorn intereste6 ontains notices to tne pubbe of *a
)
proposed issuance of rules and Texas and Southwest Plain: marketing pcrues for additional time to prepare areas. their comments, the ti ne for fding fegulabons. The purpose of those nott es Notice is hereby giveri. pursuant to the comments concerning the notice of op rt ty pa cpate the rulo rules of prsctice applicab.le to such intent is hereby extended 60 days.
rnaking poor to trP adopt:cv1 of the final proceedings (7 CFR Part 900), that ihe o sTc The tiw for filing comments is rules, said hearing is rescheduled ta be held m
hereby extended to and including on September 7.1988 at the same place September 23.1988.
^
DEPE.~. MENT OF AGRICULTURE *[n l I I F' . or h \irport fna led to P crs an o ya ds Agricultural Marketing Service S uth, beginmng at 9.00 a.m. local time). Administration. Romn 2039. South Prior documen's m the proceeding: Building. U.S. Department of 7 CFR Parts 1106 and 1126 Notice of hearing: Issued !ane 10. IPB8: Nriculture, Washincon. DC 20.30.
(Docket Nos. AO-231-A56 &ad AO-210- 8m may W WM )
A48: D A-06-1MJ List of Subjects in 7 CFR Parts 1126 and dunng normal business hours m the 1106 gffice of the Administrator.
Milk in the Texas and Southwest Plaino FOR FURTHER INFOnM ATioN CONTACT:
Marketing Areas; Rescheduling of hlilk marketirg orders. Milk. Dairy productr Harold W. Davis. Director. Livestock Hearing on Ptoposed Marketing Marketing Division. Packers and Agreements and Orders The authority citation for 7 CPR Parts Stockyards Administration. Roosn 3408.-
ACENCY: Agricultural Marketing Service, 1120 and Hoo continuts to read as south Building. U.S. Department of USDA. follows: Agriculture. Washington. DC 20250 (202)
Authority Secs.1-19. 48 Sta t. 31. as "7#1' ACTION: Rescheduling of public hearing ,
on proposed rulemaking. amended; 7 U.S.C. 001-674. Done at Washington. DC. this 13th day of Signed at Washington. DC on: July 14. July.1988.
SUMMARY
- The' nearing on proposals to 198& Calvin W. Watkins, amend the producer-handler definMions J. Patrick Boyle. Acting Administrator. PacAers and of the Texas ai;d Southwest Plains mdk A dmimstratcr. Stochyard- Admmistration.
orders. Originally scheduled to begin on I,FR Doc.88-10237 Fded 7-18-88; 8.45 am) [FR Dec. 88-1M61 Filed 7-18-88. US am]
July 19.1988. bas been rescheduled to ,wuo coo, 3y , , swuo coot :iwu begin ca September 7.1988. '
OATC The resche.duled hearing will convene at 9:00 a.m.. local time, on Packers and Stockyards NCLEAR REGULATORY
) September 7.1988. Administration
' COMMISSION l AOonEss: The rescheduled heanng will 9 CFR Part 203 j be held at the Huliday Inn. Dallas Ft. 10 CFR Part 60 ;
Worth Airport South. 4440 Wen Airport Freeway. Irving. Texas 75061 (214) 399- Statements of General Poucy Licensee Action During National j 1010-AGENCY: Packers and Stockyards udty Emngency TOR FURTHM INFORMATioN CONTACT: Administration: U.S. Department of AGENCY: Nuclear Regulatory I John F. Dorovies. Marketing Specialist. Agriculture. Commission. '
USDA/AMS/ Dairy Evision. Order ACTION: Notice ofintent to institute ACTION: Proposed rule.
Formulation Branch. Room 2968. South proposed rulemaking: extension of Bailding P.O. Box 96456. Washington. comment penod.
SUMMARY
- The Nudcar Regulatory l DC 2Wh-6456. (202) 447-2089. Comtnission proposes to amend its i SUPPt EMENTARY INFORMATION: This s,iMMARY: On May 24.1988 a notice of regulations to albw a lict.nsee to take j administration action is governed by the intent to inst!tute proposed rulemakmg action 9 hat departs from approved {
provisions of sections 556 and 557 of was published in the Federal Register technical specifications in a national !
Title 5 of the United States Code and. (53 FR 18572) advising that the Pukers security emergency. The amendment is j therefore. is excluded from the and Stockyards Administration was necessary 49 speafy in the regulations requirements of Encut.ive Order 12291. considering proposmg a Policy that for a national security emergency a A notice was issued on June 10,1968 Statement which would provide a " bill licensee is permitted to take a needed (53 FR 2:499). giving notice of a public back" mechanism designed to shift action although it may deviate from hearing to be held et the Holiday inn, economic responsibility for violative technical specifications. This l Dahas.Ft. Wce Airport South. 4440 residues in slaughter livestock from the amendment will allow the licensee to -
1 West Airport Freeway, Irving. Texas packer to the producer. implement national security objectives !
75071 (214)399-1010, beginning at 9.00 That notice provideJ that cornments auf esignated by the national command 3 a.m local time, on July 19.1988, with regarding the proposal should be 3!ed authority through the NRC. i l respect to proposed amendments to the with the Administration on or befDre DATE: Comment period expires August i' marketing agreements and orders July 25.1988. 18.1988. Comments reviewed after this l
l
$ j i
o k
(
Fedstal Rcgister / Vol. 53. No. 238 / Tuesday. July 19.19?8 / Prorosed Rules 2'7175 date will be considered if it is practical approveil oy The Otfice of hianagement to do so. but the Commission is ab)r to and Budget approval number 315G4)011~
!!st of Sub)ccis la 20 CFR Part 50 I as "i Regulatory Analyth Antit ust. Classified information. Fire
, d on o be et te. protection. Incorpora tion by reference.
ADRRESSES: hiuil wriff ect Co"1ments to: The Commission previously bes lotergovernmental relations. Noclear Secretary. Us Nuclear Regdatory granted authority prusuant to 10 CFR power plants and reactor. Penalty.
{ Comraission. % vshington. DC 20555. 50.54(9 to nuclear power reactor Radiation protection. Reactor siting Attention: Docketing and Service licensees to take reasonable action that criteria. Reporting and recordkeeping Branch. departs feom a license condition or a requirements.
technical specification in an emergency For the reasons set out in the Roc eP oc ! .A a yl n Comments rnay also be dehvered to the NRC Public Document Room.171711 i a ya no t on on s e with license conditic,s and technical h fr R rgan z Act 74 553' the NGC Street NW. Washington. DC. specMications that cari pre vide eciequate ** **"ded' ""d 5 U'S C'fcli or equivulent protection is immed;ately '# i d he FOR FURTHER INFW4MAtlGM CCfWACT: apparent.This proposed rule will arne e 10 Part 50
)I loan Aron.Offir; for Analysis and provide the same flexibility t licenrees Evaluation of Operatiorut. Data. U..S. for the purpose of attainieg national PART 50-DOMESTIC LICEFSING CF f Nuclear Regulatory Commission, security obiectives in accordance with PRODUCTION AND UTil.lZ,.ilOU '
Wa shington. DC 20555. Telephone (301) governmental directiver druing a FActLITIES 492-9001. declarcd national emergency riue to 1. l'he authority citation for Part 50 is SVMEMENTA RY INFCMnHOW nuchmt war or netural disaster. The revised to read as folhws:
Background
proposed change deo not significantly impar aatate and local government and Aubrity: Secs, 102.103,toa.1os.let.to2 g ca 183.188.189. 68 Sta t. 930, 937. 938, 948. 953.
On April 1 s; hea@, sawty, and published m. 1983, the Comm. ission the Federa3 Register (48 FR the enviornment; or costs to licensees. 954. % 5.956 as ane nded sec. 234. 83 f tat.
the NRC. or other Federal agencies. The 1244. as amended (12 u S C. 2132. 2133. 2134 f 13960h a final rule that set out t 50.54 of 2135, c01. 2232. C33.1236. n39. n82Mccr.
10 CTR entitled. " Conditions of proposed rule is in ae interest of the 201. as amended. 202. 200. 88 Stat.1242. as Licenses." that contains a provisibn common defense ed security of the s ended.1.*0.1246. (u U.S.C 5842. 5642.
permitting a licensee tnlake reser.nable United States because it would assist 5846).
actinn thut departs from a licens2 the NE C in maintaining the public health Section 50.7 afso issued un& deb. L ts-d and safety in a national security 601, sec.10. 92 Fta t. 2951 (42 U.S.C 5851). Sec.
condition or a techrucal, yetjficatm.", tmergency during which some deviation 50.10 ak, issueJ ander secs. mt.185,63 Stat. f (cont lined in a license issued unc'er this part) in an errergency when this action from facilit3 technical specifications 930.95s es amended (42 0.S.c. 2131. 22 2):
is immediately needed to protect the may be appropriate. This constitutes the sec.102. Pub. L % Wo.13 Nat, w3 {42 p.S.C ru$e.1at ry aIysis for this proposed 4332Ww M and AdWa >nued public health and safety and no Lction r u under sec.108. 68 Stat. 939, es amoded (42 consistent with license condid na and U.S.C Zu8). Sections 50.23,50.35. 50.55 and technical specifications that can provide Regulatory Flexibility Certification SaSo alm issasd under <sec. tas. ta stet. 855 adequate or equivalect protection is (42 U.S.C =35) Sectiora 50.33a. 50.550 and immediately app . rent. However, uns As required by the Regulator)
Appendix Q also inued under eac. W2. Pub.
proviticn does not apply to a nanonal Flexibility Act of 19A0. 5 U.S.C. 605(b). (
the Commission certifies that this rule, if L 91-tm. 83 Stat 453 (42 U LC 4V21
) secunty emergency. The proposed adopted, will not have a significant Sections 50.34 and 50.54 also issd under addition would allow a licensee to take economic impact upon a substantial sec. 204. as Stat. ms (42 U.S.C o844) action that departs from approved &ctions so.58. 50s1 and som 5:so issued technical specifications in a national number of small entities.The proposed under Pub. L 97-415,90 Stat. 2073 (42 U.S.C security icergency when this action is rule affects only licensing end operation r391. Secnon soAJ also inued under sec.
immedialdy needed to implement of nuclear power plants.The companies 122, sa Scal. %9 f.t2 U.S.C 2152). Sections national security cojectives as directed that own thr.ce plants do not fall within sa8&50 at aim ascued under sec.104. 68 Stat. ;
the scope uf the definition of "small 8 8 " S "
by the national command authot*ty [g"3,';[*3,fd -
t 939.
through the VRC. entities" set forth in the Regulatory as amend (42 U.S C. 2138). Appendix F also f Finibilitv Act or the Small Business wued under rec. ta7, es Stu 955 (42 U.S.C Environmentallmpact: Categorica) Size Stzndards set out in regulations Excbsion issued by the Small Business 2237). For the p@ses of s'ec. c3. 60 Stat. l 958. u arended (42 U.S.C. 2273). H SoAs (a) i The NRC has determined that this Administration at13 CFR Part 121. and (b). and 50.54(c) are issued under sec. !
Because theni companies are dominent 161b. e8 Stat. 948, u arnended (42 U.S.C propt.2rd regulation is the type of action I
~ describedin categoricalexclusion to in their service areas, this proposed rule 2201(b)h O So.7(a),50.to (elici. 50.34 (al and does not Enti within the purview of the {
CFR 51.22 (c)(2). Therefore, neither no Act.
.f ei. E0.44 laF(c). 50 46 (a! and f bl. 50 47(b). i endror. mental impact statemeat not an x 48 lal. !cl. (d), and (*). 50.49(a). So.54(avi,
( PA11. (IF(nl. (p), (q). (t), (v). ed (y). 50.55(I).
environmental assessment hss ben BackFd Analysla 50.55a(al. (cF(el, (gl. and (h). So.59(c).
} nreEared for this proposed regulation. so.e (a). Sae2(c). 50 M(b), and 50.80 (a1 and The IGC has determined that the Paperwork Reduction Act Statemsat ga37it ru)e.10 CFR 50.109. does not (b) are issued under sec. 1611. 68 Sta t. 949. a s omended !42 U.S.C 220181); and il 50.49 (d).
This proposed rule does not coMain a apply to this proposed rule and, . !
therefore, that a lakfit analysis is not (h). and fj). 50.54 (w). (r) (bb), (cc), and (dd).
{
new.of amended information coHectart rey nred for this poposed rule, because M55(e). 50.59(bl. 50 ot(b) 50std). so.ro(a). !
requirement subject to lhe Paperwork these amer'dmems do not involve any 50.71 (s F(c) and (e). So.72(a). 50.73 (a) and Reduction Act d WM (44 U.S.C M01 et (bl. 50.74. 50 78. and 50.00 are issued under provisions which would impose backfits seq ). F4tifig requirements were sec.1stto) ca Stat.no. as smended(42 as defined in 10 CFR $0.109(s.)(1). U.S.C. 001(c)).
~ -
- 2. In i 5044 a new paragraph (dd)is added to read as folbwe DATE: Comments must be received on o! Altention: Rules Docket No. 88-CE-1F-before August 18.E t AD Rcam 1558. 001 East 12th Street, i 1 50.5/l conditions of Ucenses. ADDRES$Es: Machen. Inc. Service Kansas City. Missoun 6410ti.
Bulletins (SB) No. S9 E002 dated Sepumber 2.? 1981. SB 6641'; dated Discussion i act or h tde t fro nse January 4.M84. SB 06418 dWd June 5.
A r: art bae been received of an condition or a technical specification 8 a a d be a ,
nGght engme fire caused by leaking (contained in a license issued under this 1988. aoplicable to this AD rosy oe nbtamed from Machen. Inc., South 3608 turboch uger lubricatbn oil Pncinging part)in a rstional security emergency on the exhaust system of a Piper PA-Gu when ii's action is immediately needed Davison 13oulevard. Spek ue.
Washingrm 99204: Telechone-number series Aeroster modified by Machen, o ec i sa d y th ationd (509] t.1 -532fL A copy of this Inc. 9TC Na. SArCONM which involves )
m nna n.ay a tg .n ta"ati m of AVCO Lycoming command tauthority throg,h the NRC. A mined al Models TIO and INICL540 ,'2D na9nal security emergency is the Rules Docket at !be address below.
engines The subsequent investigation established by a law enreted by the Send comments erme proposalin Congress or by an order or directiv; triphcate to the rederal Avistion indiented the oil leak resulted from the Admimstratian. Central Region. OMcc od I'm deterioration caused by the issued bY the President Pursuant to Cex;t,1c hose being in contact with the of the Regicnal Counsel. Attention: !
statutes or the Constitution of the in"" t t i United States. The discretionary Rules Docket No. 684E-18.-AD. Roorn Macnen. Inc., mas issued Service authority under this pcograph is in addition tG the au'thority granted under paragrcph (x) of this section. which
$"go "h,[
inspect 2d at this location 1.etween e a.m.
3 S"['
y F dietin SB to-ois, which sets forth the pwcedures for repetitive inspections a
remains in effect unless otherwise and 4 p.m. Monday through Friday, mMng %necessard o%
directed by the Commission during a h li"'8Y* **@8d- turbocharger oil hne and inspection of the exhaut system. SB 66-018 is based national security ert.ergency. mn men mmaAnoN CCMACD on accomplishment of Machen. Inc. SB ated Rockvdle. Maryland. th4s 7th day D r* . n 1 2 6 1 hat giv i sttuc For the Nuclear Regulator ~ Comnussion. Certification Field Office.10455 Fast 25.n Ave..tre. Suite 3E. Aurora, Machen. inc., has also issued S3 WO19 I' - which replaces the exhaust system 1.. . recut ive Dirsctor for Opemtions..
wolor3do ar31E Dlephone (3c3) 340-5575 components effected by SB 66-018 and
[FR Dec. SS-161P7 FTied 7-10-M t45 mi eh,mm, ates the requirement for repetitive DLIJNG CODE 7590-01-M SUT%EMENTARY mFORMADON:
inspections of the exhaust system.
_3 Commenta lovited Since this enndition is likely to exist l"tueued penons an inmed t' or develop in other Piper PA-00 series DEPARflYtENT OF TRANSPORTATION -
airplanes modified per Machen. Inc.
participate it the makir.g of the Federal Avtagon Adminluration proposed rule by subrmtting such STC SA980NM. the proposed AD would written data, views. and urguments es require inspection and replacement, if 14 CFR Part 39 they may desire. Comnumcations necessary, of the exhaust system components and engine oillines of these IDocket No. 68-CE-18-AD) nu rand b d pl ate to " "#
Altwotthiness Olcectlyt s; Pipee PA-60 8 ssspe e p vio[y U(( e"d.
8
- A D "** ,
,g , efor, The FAA has determined there are the closing date for comments specified approximately 31 airplanes affected by Actwet Federai Av;ation the proposed AD.It would take above ivill be considemd by the Administration (FAA). GOT. Administrator before taking action on approxunately four manbours per ActON" Notice of PropoWd Rulemaking the proposed rule. The proposals airplane to accomplish the required (NDRMj'
=- ~
contained in this Notice may be changed actions. at an average labor cost of $40 in light of the comments received. pu manho; for a cost per airplane of suvuAnn This nettce prcpost s to adopt Comments are specifically invited on $160. Based en these figures. the total
, riew AirworthmMs Directive (AD) the overall regulatory, economic.
applicable to Piper PA-60 eries c st impact of this AD to U.S. operators airphnes as modified by Machen. Inc.. environmental and energy aspects of the is estimated to be $4.960 for each 2
- proposed rule. All enmments submitted reoccuring fleet. wide inspection. The Soppkmental iype Certficate (STC) ,
SA480NM which pertains to the will be svadable both before and after c st of compl'ance with the propoced -
the clWng date for comments, in the AD is so small that it will not mvolve a installation of AVCO Lycommg Models -
Tlo- and LTIO-540-JZBD engines. The Rules Docket for examination by significant financialimpact on any small intereRed persor.s. A report entities operating these arplanes. The AD would require cepetnive inspections and replacement as recessary of the summarizing each FAA public contact regulations set forth in this notice would exhaust system compcaents and engme concerned with the substance of this be promulgated pursuant to authority i.m proposal will be filed in the Rules the Federal Aviation Act of1958, as oil lines. including the turbocharger od Docket.
sunply line end its routmg. A report of amended (49 U.S.C.1301, et seq.). which ;
an mflight fire has teen received that Availability of NPRM statute is construed to prectnpt State t, law regulating the same subject. Thus. in )
indicates fire resulted from detenoration Any person may obtain a copy of this of the engine oillines and exhaust Notice of Proposed Rulemaking (NpRM) accordance with Executive Order 12812, l system compuets. If not corrected, this condition could result in inflight fires by submitting a request to the Federal it is determined that such regulation does not have federalism implications I
- L Aviation Administration. Central warranting the preparation of a I and subsequent loss of the airplane. Region. Office of the Regional Counsel. Federalism Assessment. f' l 6 I
L
.S
.I J
. . _ - _ _ _ - - _ _ _ - - - _ _ k
.' n 1, _ , , .. Y
PbR
- (
< # 7 0
00CEE~ NUMBER gg so 3 l PSEC'. HOPOSED RUi.E 1a sm aan Pubuc $bevice Eledloc ano Gas Company "0. Box 236 -ancocks, Bricoe New Jettev 8 35
\
l IO NLclear Department "83 AUG 18 P3:01 j
' i)rs ,
LLC 4 . . . j Acoust 17, 1988 2' T p NLR - N88132 i
Mr. Samuel J. Chilk, Secretary .
'U.S. .Nuclead Regulatory Commission Washin9 ton, D.C. 20555 Attention: Docketing and Service Branch
Dear 9.r. Chilk:
COMMENTS ON NRC PROPOSED RULEMAKING LICENSEE FLEXIBILITY DURING NATIONAL CRISIS SALEM AND HOPE CREEK GENERATING STATIONS DOCKET NOS. 50-272, 50-311, 50-354 Public Service Electric and Gas Company has reviewed the proposed ;
rule (FR 27174, Dated July 19, 1988) and submits the following j comments for consideration.
Although we are in agreement that licensees should be afforded reasonable flexibility in complying with plant Technical Specifications during a national crisis, we do not support issuance of the proposed rule in its present form due to a ).ack of discussion relative to implementation requirements. In our )
opinion, the cornerstone of effective crisis management is proper advance planning and, where practical, personnel training. For example, Emergency Plans in place at nuclear facilities across the country are designed.to provide the necessary framework for formulating an ap.propriate response to postulated operational events. Plant operators are trained and tested on the procedures contained in these plans in order to provide a high degree of assurance that the health and safety of the public is safeguarded.
We therefore encourage the NRC to defer issuance of a final rule until such time as proper implementation guidance can be formulated. That guidance at a minimum should address the following issues:
Security of communications between NRC/ Governmental agencies and licensees during national crises; Guidance on developing and integrating reasonable national crisis contingency procedures into existing l licensee programs: )
hh#-N 3PP
l S. J. Chilk 2 August 17, 1988 >
The division cf responsibility between the NRC and tne licensee during a national crisis:
A definition of when the threat to the public due to the continued operation of tne plant during a crisis is judged to be greater than that poced by the crisis itself; The assumption of liability in the event of m13 communications or adverse plant consequences occurring during or as a result of a national crisis.
We appreciate the opportunity to provids these comments. If there are any questions please feel free to contact us.
cerely,
.A. 4 B. A. Prest M Manager - Licensing and Regulation
l y.
. i l.
', S. J. Chilk 3 August 17, 1988 _i 1
BC:
I Assistant Vice President - Nuclear Operations Support i General Manager' Salem Operations !
General: Manager:& Hope Creek Operations )
General Manager - Licensing and Reliability -!
General Manager - Nuclear Quality Assurance General Manager - Nuclear Safety Review {
1 Manager - Licensing and Regulation Operations Manager - Salem Operations Manager ' Hope Creek Associate General Solicitor-SEM/E0 (Cover Letter Only)
, J.-Coldwell (ATS)
Microfilm Copy File No. 1.2.1, 4.2 i
i
N PM l } {h 9 NUCLEAR MANAGEMENT AND RESOURCES COUNCIL * ,
f 1776 Eve Street N W.
- Safe 300 . Wasnington. DC 20006-2 6 6 (2c2) 872a2e3
,88 AUG 17 P12:10 Joe F. CoMn August 15, 1988 l c15&?l$?r$$$e?
- OFHu v * ~
00C W . '
- t a.
ih A h'.
Mr. Samuel J. Chilk Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attentiga: Docketing and Service Branch Re: Proposed Rule - Licensee Action During National Security Emergency 53 FR 27174 (July 19,1988)
Reauest for Comments
Dear Mr. Chilk:
These comments are submitted on behalf of the Nuclear Management and Resources Council, Inc. ("NUMARC") in response to the request of the U.S.
Nuclear Regulatory Commission ("NRC") for comments on the NRC Policy State-ment - Licensee Action During National Security Emergency - 53 FR 27174 (July 19,1988). NUMARC is the organization of the nuclear power industry that is responsible for coordinating the combined efforts of all utilities licensed by the NRC to construct or operate nuclear power plants, and of other nuclear industry organizations, in all matters involving generic regulatory policy issues and on the regulatory aspects of generic operational and technical issues affecting the nuclear power industry. Every utility responsible for.
constructing or operating a commercial nuclear power plant in the United States is a member of NUMARC. In addition, NUMARC's members include major architect-engineering firms and all of the major nuclear steam supply system vendors. i~
NUMARC supports the NRC's initiative in amending its regulations to ,
anticipate actions that may be required during a national emergency. The l NRC's conclusion is apt that licensees may need the ability to depart from a license condition or a technical specification in a national emergency due to nuclear war or natural disaster when such action is immediately necessary to protect the public health and safety and when no action is immediately apparent that could provide adequate or equivalent protection consistent with the license conditions and technical specifications. Although the likelihood of a national emergency being declared due to nuclear war or natural disaster is and remains hopefully remote, prudence requires that appropriate steps be taken in advance so that the country, and the public health and safety, can be best protected. The NRC's proposed rule provides licensees with desirable regulatory auth rity and operational flexibility to accommodate exigencies that may be associated with a declared national emergency.
1 -8vmo wts=1=-
,< . u.
f:~. .
- 4. . ,
We appreciate the opportunity to coment on this proposed rule and would welcome the opportunity to discuss our coments further with appropriate NRC staff personnel.
Sincerely, et YLL_
- J e F. Colvin l
JFC: pig l
[
l l
l
- i. .1
Ad F3 -%
cy2n .. pg U .h j%- - - "Teleonone I61rl 81 ;
%'f' O
Mf 1
-f!(
-&;) FR.?7/ >t,t. rwx 110-380-1e19 YANKEE ATOMIC ELECTRIC COMPANY x.-.ump: GLA 88-105 FYC 88-012 y9 %
1671 Worcester Road. Framingham, gseggts GOQ i i t.ugust 18, 1988 GU N. te Secretary of the Commission 00CKEit, . -
1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Docketing and Service Branch
Subject:
Proposed Rule Regarding Licensee Action During a National Security Emergency (53FR27174) l
Dear Sir:
Yankee Atomic Electric Company (YAEC) appreciates the opportunity to comment on the proposed rule regarding licensee action during a national security emergency. Yankee Atomic Electric Company owns and operates a nuclear power plant in Rowe, Massachusetts. Our Nuclear Services Division also provides engineering and licensing services to other nuclear power plants i in the Northeast, including Vermont Yankee, Maine Yankee and Seabrook. y f
The Cocciasion has proposed a rule whien in essence allows a licensee to devfato from technica) specifications during a national emergency Phen i such action is needed to implement national security objectives. It appeans to us that individually, or at least collectively, 10CFR Sections 2.204, 50.54(x), and 50.103 offer more than sufficient authority right now to accomplish this objective. These regulations afford the Commission the authority and flexibility to order immediate modifications to a facility license in light of public health, safety, or defense concerns, thus pre-cluding the need for the subject proposed rule. I In recent years, the Commission has taken a proactive stance on licensing and regulatory reform. The Commission has supported efforts such as re-fining existing, unwieldy licensing requirements and narrowing the scope l of very cumbersome technical specifications. In doing so, we believe that
{
the Commission recognized the need to carefully scrutinize its activities l to preclude development of requirements that would accomplish little more than add to the existing regulatory morass. Promulgation of this rule seems contrary to this philosophy.
We advocate caution in creating new regulations. Duri..g a time when agency resources must be allocated to many competing activities, we would hope that the Commicsion would carefully weigh rulemaking activities and dispense with these of lesser value. Many other rulemakings, such as the one for license renewal, deserve the Commission's increased attention.
Sincerely,
[ h[ Donald W. Edwards Directcr, Industry Affairs JMG/amd j
A C. s' 3 - A PD R DCCKET NUMBER PROPOSED RULE sh0 .2-l'
!-[gb 3N2 U 7 GPU Nuclear Corporation
-2 gg One Upper Pond Road Parsippany, New Jersey 07054
'88 AiG 30 A10:46 201-316-7000 TELEX 136-482 GF ' L. . . -
J # * U'**' **'""'"**"
BOChil M d. u . I 3RAht-August 22, 1988 C300-88-0414 Mr. Samuel J. Chilk Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555
Dear Mr. Chilk:
Subject:
Request for Comments on Licensee Action During a National Security Emergency Proposed Rule The staff of GPU Nuclear Corporation herewith submits comments on the subject proposed rule. Comments were requested in a July 19, 1988 Federal Register Notice (53 FR 27174).
As a general comment, we agree with the thrust of this proposed rule.
However, there are two items that should be clarified. The first item is the naed for a definition of a " national security emergency"; the proposed 50.54(dd) states how a national security emergency is to be established but not what one is. The second item requiring attention is a revision to 10 CFR 50.73 (a)(2)(c) which now requires licensees to rcport "[A]ny deviation from the plant's Technical Specifications authorized pursuant to Section 50.54(x) of this part;" this should be revised to include the reporting requirements of the proposed 50.54(dd).
Sincerely
[
l S. u/S . .
.L. Sullivan, .
Licensing & Regulatory Affairs Directer ;
JLS/RPJ/jbw ggefoS O/.A L 7259f/0173f GPU Nuclear Corporation is a subsidiary of General Pubbe Utahties Corporation I
wg l-
- PDQ
( , 47491 wa++ Presidential Documents Vot. 53. No. 22s
[] Wednesday. November 23. 1988 Titlo T Executive Order 12656 of November 18, 1988 The President Assignment of Emergency Preparedness Responsibilities WHEREAS cur national security is dependent upon our ability to assure continuity of government, at every level, in any national security emergency situation that might confront the Nation; and WHEREAS effective national preparedness planning to meet such an emer-gency, including a massive nuclear attack, is essential to our national survival; and WHEREAS effective national preptedness planning requires the identifica-tion of ftnctions that would have to be performed during such an emergency, the assignment of responsibility for developing plans for performing these functions, and the assignment of responsibility for developing the capability to implement .those plans; and WHEREAS the Congress has directed the development of such national security emergency preparedness plans and has provided funds for the accom-plishment thereof; NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and laws of the United States of America, and pursuant to
/'] Reorganization Plan No.1 of 1958 (72 Stat.1799), the National Security Act of V 1947, as amended, the Defense Production Act of 1950, as amended, and the Federal Civil Defense Act, as amended, it is hereby ordered that the responsi-bilities of the Federal departments and agencies in national security emergen-cies shall be as follows:
PART 1-Preamble Section 101, N:tional Security Emergency Preparedness Policy.
(a) The policy or the United States is to have sufficient capabilities at all levels of government to meet essential defense and civilian needs during any national security emergency. A national security emergency is any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States. Policy for national security emergency preparedness shall be established by the President. Pursuant to the President's direction, the National Security Council shall be responsible for developing and administer-ing such policy. All national security emergency preparedness activities shall be consistent with the Constitution and laws of the United States and with preservation of the constitutional government of the United States.
(b) Effective national security emergency preparedness planning requires:
identification of functions that would have to be performed during such an emergency: development of plans for performing these functions; and develop-ment of the capability to execute those plans.
Sec.102. Purpose.
(a) The purpose of this Order is to assign national security emergency O(,/ preparedness responsibilities to Federal departments and agencies. These assignments are based. whenever por,sible, on extensions of the regular l missions of the departments and agencies. l
47492 Feder i Regist:r / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents i
- l (b) This Order does not constitute authority to implement the plans prepared l pursuant to this Order. Plans so developed may be executed only in the event i that authority for such execution is authorized by law. '
Sec.103. Scope.
(a) This Order addresses national security emergency preparedness functions and activities. As used in this Order, preparedness functions and activities include, as appropriate, policies, plans, procedures, and readiness measures that enhance the ability of the United States Government to mobilize for, respond to, and recover from a national security emergencv.
(b) This Order does not apply to those natural disasters, technological emer-gencies, or other emergencies, the alleviation of which is normally the respon-sibility of individuals, the private sector, volunteer organizations, State and local governments, and Federal departments and agencies unless such situa-tions also constitute a national security emergency.
(c) This Order does not require the provision of information concerning, or evaluation of, military policies, plans, programs, or states of military readi-ness.
(d) This Order does not apply to national security emergency preparedness telecommunications functions and responsibilities that are otherwise assigned by Executive Order 12472.
Sec.104. Management of National Security Ememency Preparedness.
(a) The National Security Council is the principal forum for consideration of national security emergency preparedness policy.
(b) The National Security Council shall arrange for Executive branch liaison }
with, and assistance to, the Congress and the Federal judiciary on national }
security-emergency preparednces matters. -
(c) The Director of the Federal Emergency Management Agency shall serve as I an advisor to the National Security Council on issues of national security ,
emergency preparedness, including mobilization preparedness, civil defense, continuity of government, technological disasters, and other issues, as appro-priate. Pursuant to such procedures for the organization and management of the Naticnal Security Ccuncil process as the President may establish, the Director of the Federal Emergency Management Agency also shall assist in the implementation of and management of the National Security Council process as the President may establish, the Director of the Federal Emergency Man-agement Agency also shall assist in the implementation of national security emergency preparedness policy by coordinating with the other Federal depart-ments and agencies and with State and local governments, and by providing periodic reports to the National Security Council on implementation of nation-al security emergency preparedness policy.
(d) National security emergency preparedness functions that are shared by more than one agency shall be coordinated by the head nf the Federal department or agency having primary responsibility and shall be supported by the heads of other departments and agencies having related responsibilities.
I (c) There shall be a national security emergency exercise program that shall be supported by the heads of all appropriate Federal departments and agen-cies.
(f) Plans and procedures will be designed and developed to provide maximum flexibility to the President for his implementation of emergency actions.
Sec.105. Interagency Coordination.
(a) All appropriate Cabinet members and agency heads shall be consulted -
regarding national security emergency preparedness programs and policy
- issues. Each department and agency shall support interagency coordination to improve preparedness and response to a national security emergency and
4 Federal Register / Vol. 53. No. 226 / Wednesday, NovembIr 23, 1988 / Presidential Docum;nts 47493 shall develop and maintain decentralized capabilities wherever feasible and appropriate.
(b) Each Federal department and agency shall work within the framework O )'
(
established by, and cooperate with those organizations assigned responsibil.
ity in, Executive Order No.12472, to ensure adequate national security emergency preparedness telecommunications in support of the functions and activities addressed by this Order.
PART 2-General Provisions Sec. 201. General. The head of each Federal department and agency, as appropriate, shall:
(1) Be prepared to respond adequately to all national security emergencies, including those that are international in scope, and those that may occur within any region of the Nation:
(2) Consider national security emergency preparedness factors in the conduct of his or her regular functions, particularly those functions essentialin time of emergency. Emergency plans and programs, and an appropriate state of readiness, including organizational infrastructure, shall be developed as an integral part of the continuing activities of each Federal department and agency; (3) Appoint a senior policy official as Emergency Coordinator, responsible for developing and maintaining a multi-year, national security emergency pre-parednesa plan for the department or agency to include objectives, programs, and budgetary requirements:
(4) Design preparedness measures to permit a rapid and effective transition from routine to emergency operations, and to make effective use of the period !
following initial indication of a probable national security emergency. This willinclude:
k (a) Development of a system of emergency actions that defines alternatives, processes, and issues to be considered during various stages of national security emergencies; (b) Identification of actions that could be taken in the early stages of a national security emergency or pending national security emergency to miti-gate the impact of or reduce significantly the lead times associated with full emergency action implementation:
(5) Base national security emergency preparedness measures on the use of existing authorities, organizations, resources, and systems to the maximum extent practicable:
(6) Identify areas where additional legal authorities may be needed to assist management and, consistent with applicable Executive orders, take appropri-ate measures toward acquiring those authorities:
(7) Make policy recommendations to the National Security Council regarding national security emergency preparedness activities and functions of the Federal Government:
(8) Coordinate with State and local government agencies and other organiza-tions, including private sector organizations, when appropriate. Federal plans should include appropriate involvement of and reliance upon private sector organizations in the response to national security emergencies; (9) Assist State, local, and private sector entitles in developing plana for mitigating the effects of national security emergencies and for providing services that are essential to a national response; i (10) Cooperate, to the exte appropriate, in compiling, evaluating, and ex-x changing relevant data related to all aspects of national security emergency preparedness:
47494 Federal R^gister /-Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documen;s ,
l (12) Develop programs regarding congressional relations and public informa-
- tion that could be used during national security emergencies
, i (12) Ensure a capability to provide, during a natirnal security emergency, I information concerning Acts of Congress, presidential proclamations, Execu-tive orders, regulations, and notices of other actions to the Archivist of the United States for publication in the Federal Register, or to each agency designated to maintain the Federal Register in an emergency;
]
(13) Develop and conduct training and education programs that incorporate emergency preparedness and civil defense information necessary to ensure an effective national response:
(14) Ensure that plans consider the consequences for essential services provid-ed by State and local governments, and by the private sector, if the flow of Federal funds is disrupted:
(15) Consult and coordinate with the Director of the Federal Emergency i Management Agency to ensure that those activities and plans are consistent i with current National Security Council guidelines and policies.
Sec. 202. Continuity of Covernment. The head of each ibleral department and agency shall ensure the continuity of essential functions in any national security emergency by providing for: succession to office and emergency delegation of authority in accordance with applicable law: safekeeping of essential resources, facilities, and records; and establishment of emergency opercting capabilities.
Sec. 203. Resource Management. The head of each Federal department and agency, as appropriate within assigned areas of responsibility, shall:
(1) Develop plans and programs to mobilize personnel (including reservist programs), equipment, facilities, and other resources; (2) Assess essential emergency requirements and plan for the possible use of alternative resources to meet essential demands during and following national security emergencies:
(3) Prepare plans and procedures to share between and among the :esponsible j agencies resources such as energy, equipment, food, land materials, minerals, service 6, supplies, transportation, water, and workforce needed to Carry out assigned responsibilities and other essential functions, and cooperate with other agencies in developing programs to ensure availability of such resources in a national security emergency; (4) Develop plans to set priorities and allocate resources among civilian and military claimants:
(5) Identify occupations and skills for which there may be a critical need in the event of a national security emergency. >
Sec. 204. Protection of Essential Resources and Facilities. The head oi each Federal department and agency, within assigned areas of responsibility, shall:
(1) Identify facilities and resources, both government and private, essential to the national defense and national welfare, and assess their vulnerabilities and develop strategies, plans, and programs to provide for the security o; such facilities and resources. and to avoid or minimize disruptions of essential services during any national security emergency:
(2) Participate in interagency activities to assess the relative importance of various facilities and resources to essential military and civilian needs and to integrate preparedness and response strategies and procedures; (3) Maintain a capability to assess promptly the effect of attack and other disruptions during national security emergencies.
Sec. 205. Federal Benefit, insurance, and Loan Programs. The head of each Federal department and agency that administers a loan, insurance, or benefit program that relies upon the Federal Government payment system shall !
___ / i
4
, Fed:ral Regist:r / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Docum:nts 47495 coordinate with the Secretary of the Treasury in developing plans for the continuation or restoration, to the extent feasible, of such programs in national security emergencies. )
hL' Sec. 206. Research. The Director of the Office of Science and Technology Policy and the heads of Federal departments and agencies having significant i research and development programs shall advise the National Security Coun. I cil of scientific and technological developments that should be considered in !
national security emergency preparedness planning.
Sec. 207. Redelegation. The head of each Federal department and agency is hereby authorized, to the extent otherwise permitted by law, to redelegate the functions assi8ned by this Order, and to authorize successive redelegations to {
organizations, officers, or employees within that department or agency. !
Sec. 208. Transfer of Functions. Recommendations for interagency transfer of any emergency preparedness function assigned under this Order or for assign-ment of any new emergency preparedness function shall be coordinated with all affected Federal departments and agencies before submission to the National Security Council.
Sec. 209. Retention of Existing Authority. Nothing in this Order shall be deemed to derogate from assignments of functions to any Federal department or agency or officer thereof made by law.
PART 3-Department of Agriculture Sec. 301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Agriculture shall:
(1) Develop plans to provide for the continuation of agricultural production, food processing, storage, and distribution through the wholesale level in national security emergencies, and to provide for the domestic distribution of seed, feed. fertilizer, and farm equipment to agricultural producers:
(% (2) Develop plans to provide food and agricultural products to meet interna-tional responsibilities in national security emergencies:
(3) Develop plans and procedures for administration and use of Commodity Credit Corporation inventories of food and fiber resources in national security emergencies:
(4) Develop plans for the use of resources under the jurisdiction of the '
Secretary of Agriculture and. in cooperation with the Secretaries of Com-merce, Defense, and the Interior, the Board of Directors of the Tennessee Valley Authority, and the heads of other government entities, plan for the i national security emergency management, production, and processing of forest products; (5) Develop, in coordination with the Secretary of Defenee, plans and pro-grams for water to be used in agricultural production and food processing in national security emergencies; (6)In cooperation with Federal, State, and local agencies, develop plans for a natior.al program relating to the prevention and control of fires in rural areas of the United States caused by the effects of enemy attack or other national security emergencies:
(7) Develop plans to help provide the Nation's farmers with production resources, including national security emergency financing capabilities; (8) Develop plans,in consonance with those of the Department of Health and Human Services, the Department of the Interior, and the Environmental Protection Agency, for national security emergency agricultural health serv-ices and forestry, including:
- O (a) Diagnosis and control or eradication of diseases, pests, or hazardous V agents (biological, chemical, or radiological) against animals, crops, timber, or products thereof:
1 47496 Federal Register / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presid:ntitl Documents !
(b) Protzction, treatment, and handling of livestock and poultry, or products thereof, that have been exposed to or affected by hazardous agents:
(c) Use and handling of crops, agricultural commodities, timber, and agricul-tural lands that have been exposed to or affected by hazardous agents: and (d) Assuring the safety and wholesomeness, and minimizing losses from hazards, of animals and animal products and agricultural commodi;ies and products subject to contLtuous inspection by the Department of Agriculture or owned by the Commodity Credit Corporation or by the Department of Agricul-ture:
(9) In consultation with the Secretary of State and the Director of the Federal Emergency Managemer.t Agency, represent the United States in agriculture-related international civil emergency preparedness planning and related ac-tivities.
Sec. 302. Support Responsibliity. The Secretary of Agriculture shall assist the Secretary of Defense in formulating and ccrrying out plans for stockpiling
~
strategic and critical agricultural materials.
PART 4-Department of Commerce Sec. 401. Leod Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Commerce shall:
(1) Develop control systems for prioritbs, allocation, production, and distribu-tion of materials and other resources tnat will be available to support both national defense and essential civilian programs in a national security emer-gency:
(2) In cooperation with the Secretary of Defense and other departments and agencies, identify those industrial products and facilities that are essential to mobilization readiness, national defense, or post-attack survival and recovery:
(3) In cooperation with the Secretary of Defense and other Federal depart-ments and agencies, analyze potential effects of national security emergencies .
on actual production capability, taking into account the entire production '
complex, including shortages of resources, and develop preparedr. ass meas-ures to strengthen capabilities for production increases in national security emergencies (4) In cooperation with the Secretary of Defense, perform industry analyses to assess capabilities of the commercial industrial base to support the national defense, and develop policy alternatives to improve the international competi-tiveness of specific domestic industries and their abilities to meet defense program needs; (5) In cooperation with the Secretary of the Treasury, develop plans for providing emergency assistance to the private sector through direct or partici-pation loans for the financing of prcduction facilities and equipment:
(6)In cooperation with the Secretaries of State, Defense, Transportation, and the Treasury, prepare plans to regulate and control exports and imports in .
national security emergencies; y (7) Provide for the collection and reporting of census information on huma> .
and economic resources, and maintain a capability to conduct emergency surveys to provide information on the status of these resources as required for national security purposes: ,
(8) Develop overall plans and programs to ensure that the fishing industry j continues to produce and process essential protein in national security emer- j
(
7 gencies:
q j (9) Develop plans to provide meteorological, hydrologic, marine weather.
geodetic, hydrographic, climatic, seismic, and oceanographic data and serv- _
ices to Federal, State. and local agencies, as appropriate:
1 bf^ . - _ _ _ _ _
Feder:1 Register / Vol. 53, No. 226 / Wednesd:y, Nov:mbIr 23, 1988 / Pr:sidential Docum nts 47497 >
(10)In coordination with the Secretary of State and the Director of the Feder:1 Emergency Management Agency, represent the United States in industry-related international (NATO and allied) civil emergency preparedness plan-ning and related activities.
. Sec. 402. Support Responsibilities. The Secretary of Commerce shath (1) Assist the Secretary of Defense in formulating and carrying out plans for i stockpiling strategic and critical materials:
(2) Support the Secretary of Agriculture in planning for the national security management, production, and processing of forest and fishery products:
(3) Assist, in consultation with the Secretaries of State and Defense, the Secretary of the Treasury in the formulation and execution of economic measures affecting other nations. ;
PART 5-Department of Defense Sec. 501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Defense shalh (1) Ensure military preparedness and readitiess to respond to national security e nergencies:
(2) In coordination with the Secretary of Commerce, develop, with industry, government, and the private sector, reliable capabilities for the rapid increase of defense production to inchide industrial resources required for that produc-
, tion:
(3) Develop and maintain, in cooperation with the heads of other departments and agencies, national security emergency plsns, programs, and mechanisms to ensure effective mutual support between and among the military, civil government, and the private sector; (4) Develop and maintain damage assessment capabilities and assist the Q /
Director of the Federal Emergency Management Agency nnd the heads of other departments and agencies in developing and maintaining capabilities to assess attack damage and to estimate the effects of potential attack on the Nation:
(5) Arrange, through agreements with the heads of other Federal departments and agencies, for the transfer of certain Federal resources to the jurisdiction and/or operational control of the Department of Defense in national secu ity i emergencies:
(6) Acting through the Secretary of the Army, develop, with the concurrence of the heads of all affected clepartments and agencies, overall plans for the management, control, and allocation of all usable waters from all sources within the jurisdiction of the United States. This indades:
(a) Coordination of national security emergency water rescurce planning at the national, regional, State, and local levels:
, (b) Development of plans to assure emergency provision of water from publ'c works projects under the jurisdiction of the Secretary of the Army to public water supply utilities and critical defense production facilities during national security emergencies:
(c) Development of plans to assure emergency operation of waterways and harbors; and (d) Development of plans to assure the provision of potable water:
- (7)In consultation with the Secretaries of State and Energy, the D! rector of the Federa! Emergency Mar.agement Agency, and others, as required, develop plans and capabilities for identifying, analyzing, mitigating, and responding to hazards re cted to nuclear weapons, materials, and devices
- and maintain liaison, as appropriate, with the Secretary of Energy and the Members of the
'O Nuclear Regulatory Commission to ensure the continuity of nuclear weapons production and the approp'.iate allocation of scarce resources, including the l
4743 Federcl Registcr / Vol. 53, No. 220 / Wednesday, November 23, 1988 / Presidential Documents recapture of special nuclear materials from Nuclear Regulatory Commission licensees when appropriate:
(8) Coordinate with the Administrator of the National Aeronautics and Space Adminstration and the Secretary of Energy, as appropriate, to prepare for the l use, maintenance, and development of technologically advanced aerospace and aeronautical-related systems, equipment, and methodologies applicable to national security emergencies:
(9) Develop, in coordination with the Secretary of Labo:, the Directors of the Selective Service System, the Office of Personnel Management, and the Federal Emergency Management Agency, plans and systems to ensure that the Nation's human resources are available to meet essential military and civilian needs in national security emergencies:
(10) Develop national security emergency opere.tional procedures, and coordi- l nate with the Secretary of Housmg and Urban Development with respect to !
residential property, for the control, acquisition, leasing, assignment and I priority of occupancy of real property within the jurisdiction of the Depart-ment of Defense; f
(11) Review the priorities and allocations system.; wnloped by other depart-mentt ind agencies to ensure that they meet Department of Defense needs in ,
a national security emergency; and develop and maintain the Department of !
Defense programs necessary for effective utilization of all priorities and allocations systems; (12) Develop, in coordination with the Attorney General of the United States, ,
specific procedures by which military assistance to civilian law enforcement -l authorities may be requested, cert idered, and provided; (13) In cooperation with the Secretary of Commerce and other departments cnd agencies, identify those industrial products and facilities that are essen- a tial to mobilization readiness, naticaal defense, or post-attack survival und recovery; (14)In cooperation with the Secretary of Commerce and other Federal depart- ,
ments and ageacies, analp:e potential effects of national security emergencies *I on actual production capability, taking into account the entire production '
complex, lucluding shortages of resources, and develop preparedness meas- I ures to drengthen capabilities for production increases in national security emergencies; (15) With the assistance of the heads of other Federal departments and '
agencies, provide management direction for the stockpiling of strategic and critical materials, conduct storage, maintenance, and quality assurance oper-ntions for the stockpile of strategic and critical materials, and formulate plans, i programs, and reports relating to the stockpiling of strategic and critical .
materials.
Sec. 502. Support Responsibilities. The Secretary of Defense shall:
(1) Advise and assist the heads of other Federal departments and agencies in [
the development of plans and programs to support national mobilization. This includes providing, as appropriate:
g (a) Military requirements, prioritized and time-phased to the extent possible, q<jl for selected end-items and supporting services, materials, and components; y (b) Recommendations for use of financial incentives and other methods to y improve defense production as provided by law; and p,
(c) Recommendations for export and import policies: Ti '
(2) Advise and assist the Secretary of State and the heads of other Federal departments and agencies, as appropriate, in planning for the protection, evacuation. and repatriation of United States citizens in threatened areas %g overseas;
)
Feder:1 Regist:r / Vol. 53, No. 226 / Wednesday,' November 23, 1988 / Presidential Documents 47499 (3) Support the S:cretary of Housing and Urban Development and the herds of other agencies, as appropriate, in the development of plans to restore commu-nity facilities; q
(4) Support the Secretary of Energy in'internationalliaison activities pertain-jd1 ing to nuclear materials facilities-i I
(5) In consultation with the Secretaries of State and Commerce, assist the Secretary of the Treasury in the formulation and execution of economic measures that affect other nations; (6) Support the Secretary of State and the heads of other Federal departments and agencies as appropriate in the formulation and implementation of foreign policy, and the negotiation of contingency and post-emergency plans,intergov-ernmental agreements, and arrangements with allies and friendly nanons, which affect national security; (7) Coordinate with the Director of the Federal Emergency Management Agency the development of plans for mutual civil-military support during national security emergencies; {
(8) Develop plans to support the Secretary of Labor in providing education and training to overcome shortages of critical skills.
PART 6-Department of Education Sec. 601. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Education shall:
(1) Assist school systems in developing their plans to provide for the earliest possible resumption of activities following national security emergencies; (2) Develop plans to provide assistance, including efforts to meet shortages of critical educational personnel, to local educational agencies; O (3) Develop plans, in coordination with the Director of the Federal Emergency d Management Agency, for dissemination of emergency preparedness instruc-tional material through educational institutions and the media during national security emergencies.
Sec. 602. Support responsibilities. The Secretary of Education shall:
(1) Develop plans to support the Secretary of Labor in providing education and training to overcome shortages of critical skills; (2) Support the Secretary of Health and Human Services in the development of human services educational and training materials. including self help pro-gram materials for use by human service organizations and professional '
schools.
PART 7-Department of Energy l Sec. 701. Lead Responsibilities. In addition to the applicable responsibilities l covered in Parts 1 and 2, the Secretary of Energy shall:
(1) Conduct national security emergency preparedness planning, including capabilities development, and administer operational programs for all energy resources, including:
(a) Providing information, in cooperation with Federal, State, and energy j
industry officials, on energy supply and demand ccnditions and on the requirements for and the availability of materials and services critical to energy supply systems:
1 (b) In coordination with appropriate departments and agencies and in consul-tation with the energy industry, develop implementation plans and operational O
V systems for priorities and allocation of all energy resource requirements for national defense and essential civilian needs to es ure z.stional security ,
emergency preparedness; L___-_--___. l
47500 Feder;l Regist:r / Vol. 53, No. 226 / W dnesday, November 23 1988 / Presidential Documents
, )
(c) Devtloping, in consultation with the Board of Directors of the Tennessee Valley Authority, plans necessary for the integration of its power system into the national supply system:
(2) Identify energy facilities essential to the mobilization, deployment, and sustainment of resources to support the national security and national wel- t fare, and develop energy supply and demand strategies to ensure continued provision of minimum essential services in national security emergencies; (3)In coordination with the Secretary of Defense, ensure continuity of nuclear weapons production consistent with national security requirements:
(4) Assure the security of nuclear materials, nuclear weapons, or devices in the custody of the Department of Energy, as well as the security of all other Department of Energy programs and facilities:
[5)In consultation with the Secretaries of State and Defense and the Director of the Federal Emergency Management Agency, conduct appropriate interna-tional liaison activities pertaining to matters within the jurisdiction of the Department of Energy; (6) In consultation with the Secretaries of State and Defense, the Director of the Federal Emergency Management Agency, the Members of the Nuclear Regulatory Commission, and others, as required, develop plans and capabili-ties for identification, analysis, damage assessment, and mitigation of hazards from nuclear weapons, materials, and devices:
(7) Coordinate with the Secretary of Transportation in the planning and management of transportation resources involved in the bulk movement of "
energy; (8) At the request of or with the concurrence of the Nuclear Regulatory Commission and in consultation with the Secretary of Defense, recapture special nuclear materials from Nuclear Regulatory Commission licensees where necessary to assure the use, preservation, or safeguarding of such & i material for the common defense and security, W (9) Develop national security emergency operational procedures for the con-trol, utilization, acquisition, leasing, aesignment, and priority of occupancy of real property within the Jurisdiction of the Department of Energy:
(10) Manage all emergency planning and response activities pertaining to Department of Energy nuclear facilities.
Sec. 702. Support Responsibilities. The Secretary of Energy shall:
(1) Provide advice and assistance, in coordination with appropriate agencies, j to Federal, State, and local officials and private sector organizations to assess 1 the radiological impact associated with national security emergencies:
(2) Coordinate with the Secretaries of Defense and the Interior regarding the l operation of hydroelectric projects to assure maximum energy output: l (3) Support the Secretary of Housing and Urban Development and the heads of other agencies, as appropriate,in the development of plans to restore commu-nity facilities:
(4) Coordinate with the Secretary of Agriculture regarding the emergency l preparedness of the rural electric supply systems throughout the Nation and the assignment of emergency preparedness responsibilities to the Rural Elec-
'l trification Administration.
PART 8-Department of Health and Human Services Sec. 801 Leod Responsibilities. In addition to the applicable responsibilities
{
1 l covered in Parts 1 and 2, the Secretary of Health and Human Services shall: 3l '
(1) Develop national plans and programs to mobilize the health industry and )
health resources for the provision of health, mental health, and medical ;
i services in national security emergencies:
{
n L
j Federal Regist:r / Vol. 53, No 226 / Wedn:sday, November 23, 1988 / Presidential Documents 47501 (2) Promote the development of State and local plans and programs for ,
provision of health, mental health, and medical services in national security L emergencies: .
[V (3) Develop national plans to set priorities and allocate health, mental health, and medical services' resources among civilian and military claimants: .!
(4) Develop health and medical survival information programs and a nation.
wide program to train health and mental health professionals and paraprofea-sionals in special knowledge and skills that would be useful in national l security emergencies:
(5) Develop programs to reduce or eliminate adverse health and mental health effects produced by hazardous agents (biological, chemical, or radiological),
and, in coordination with appropriate Federal agencies, develop programs to minimize property and environmental damage associated with national securi-ty emergencies:
(6) Develop guidelines that will assure reasonable and prudent standards of purity and/or safety in the manufacture and distribution of foed, drugs, biological products, medical devices, food additives, and radiological products in national security emergencies:
(7) Develop national plans for assisting State and local governments in rehabilitation of persons injured or disabled during national security emergen-cies:
(8) Develop plans and procedures to assist State and local governments in the provision of emergency human services, including lodging, feeding, clothing, registration and inquiry, social services, family reunification and mortuary services and interment:
(9) Develop, in coordination with the Secretary of Education, hurnan services g educational and training materials for use by human service organizations and i professional schoch and develop and distribute, in coordination with the L Director of the Federal Emergency Management Agency, civil defense infor-mation relative to emergency human services:
(10) Develop plans and procedures, in coordination with the heads of Federal departments and agencies, for assistance to United States citizens or others evacuated from overseas areas.
Sec. 802. Support Responsibility. The Secretary of Health and Human Services I shall support the Secretary of Agriculture in the development of plans related to national security emergency agricultural health services.
PART 9-Department of Housing and Urban Development Sec. 901. Leod Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Housing and Urban Development shall:
(1) Develop plans for provision and management of housing in national security emergencies, including:
(a) Providing temporary housing using Federal financing and other arrange-ments:
(b) Providing for radiation protection by encouraging voluntary construction of ,
shelters and voluntary use of cost-efficient design and construction techniques J to maximize population protection:
(2) Develop plans, in cooperation with the heads of other Federal departments and agencies and State and local governments, to restore community facilities, (g
f-
%d
)
including electrical power, potable water, and sewage disposal facilities, damaged in national security emergencies.
047502 Federal Register' / Vol. 53, No. 226 / Wednesday, November 23, 1988 / PEJsidential Documents ]
PAiKT 10-Dep;rtm:nt of the Int:rior Sec.1001. Lead Respons2bilities. In addition to the applicable responsibilities {
covered ic ris 1 and 2, the Secretary of the Interior shall: g ;
(1) Sevelop programs and encourage the exploration, development, Lnd W niining of strategic and critical and other nonfuel minerals for national tecurity emergency purposem (2) Provide guidance to mining industries in the development of plans and programs to erssure continuity of production during national security emergen-
- cies:
!3) Develop and implement plans for thra management, control, allocation, and use of public 3and under the jurisdiction of the Department of the Inte:ior in national security emergencies and coordinate land emergency planning at the Federal Stete.undlocallevels.
Cec.1002. Suaport Respoulbilities. The Gecretary of the Interior shalh (1) Assist the Secretary of Defense in formulating arid carrying out plans for stockpiling strategic and critical minerals:
(2) Cooperate with the Secretary of Commerce in the identification. and evaluation of fadlities essential for national security emergencies: .
(3) Support the Secretary of Agriculttire in planning for the national security management, production, and processing of forest products.
}
PART 11-Department of Justice Sec.1101. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and c, the Attorney General of the United States, sha":
(1) Provide legal advice to the President and the heads of Federal departments and agencies and their successors regarding national security emergency ,
powers, plans, and authorities; (2) Cocrclinate Federal Government domedic law enforcement activities relat-ed te nationd security emergency preparedness, including Federal law en-forcement liaison with, and assistant to, State and local governments:
(3) Coordinate contingency planning for national security emergency law enforcement activities, that are beyond the capab!.lities of SMte and local
'agendes; (4) Develop national security ernergency plans for regulation of immigration, regulation of nationals of enemy countries, and plcns to implement laws for the control of persons entering or leaving the United States: y (5) Develop plans and procedures for the custody and protection of prisoners and the use of Federal penal and correctional institutions and resources during national security emergencies; (6) P ovide information and assistance to the Federal Judicial branch and the Federal Legislative branch concerning law enforcement, continuity of g0vern-mer.t. and the exercise oflegal authority doring national security emergencies; (7) Develop intergovernmental and interagency law enforcement plans and counteMerrorism programs to interdict and respond to terrorism incidents in the United States that may result in a national security emergency or that occur during such an emergency; (8) Develop intergovernmental and interagency law enforcement plans te respond to civil disturbances that may result in a national security emergency 1 or that occur during such an emergency.
Sec.1102. Support Responsibilities. The Attorney General of the United States shall:
(1) Assist the heads of Federal departments and agencbs State and local govern'nents, and the private sector in the development of plans to physically protect essential resources and facilities:
_mu. s-c _ _ _ _ . . .__ _ . . . . _ _ _ . _m__
t j.fi Fedirr.1 R gistir / Vol 53, No. 226 / Wednesday, November 23, 1988 / Pr:sidential Documents 47503 5 4 (2) Support the Secretaries of State and the Treasury in plans for the protec-tion cf international organizations and foreign diplomatic, consular, and other official personnel, property, and other assets within the jurisdiction of the O United States:
(3) Support the Secretary of the Treasury in developing plans to control the movement of peperty entering and leaving the United States:
(4) Support the heads of other Federal departments and agencies and State and local governments in developing programs and plans for identifying fatalities and reuniting families in national security emergencies:
3 (5) Support the intelligence community in the planning of its counterintelli-l gence and counterterrorism programs.
l PART 12-Department of Labor Sec.1201. Lead Responsibilities. In addition to the applicable responsibilities ,
covered in Parts 1 and 2, the Secretary of Labor shalb '
(1) Develop plans and issue guidance to ensure effective use of civilian !
workforce resources during national security emergencies. Such plans shall include, but not necessarily be limited to:
(a) Priorities and allocations, recruitment, referral, training, employment stabi-lhation including apperda procedures, use assessment, and determination of 4 critical skill categories; and (b) Programs for increasing the availability of critical workforce skills and eccupatwns:
(2) In consultation with the Secretary of the Treasury, develop plans and procedures for wage, salary, and benefit costs stabilization duririg national security emergencies; (q (3) Develop plans and procedures for protecting and providing incentives for the civilian labor force during national security emergencies:
(4) In consultation with other appropriate government agencies and private entities, develop plans and procedures for effective . labor-management rela-t19ns during national security emergencies.
Sec. L202. Support Responsibilities. The Secretary of Labor shall:
{1) Support planning by the Secretary of Defense and the private sector for the provision of human resources to critical defense industries during national security emergencies:
(2) Support planning by the Secretary of Defense and the Director of Selective Service for the linHtution of conscription in national security emergencies.
PART 13-Department of State Sec.1301. Leod Responsibilities. In addition to the applicable responsibilities l covered in Parts 1 and 2, the Secretary of State shall:
(1) Provide overall foreign policy coordination in the formulation and execu-tion of continuity of government and other national secucity emergency pre- !
paredness activities that affect foreign relations:
(2) Prepare to carry out Department of State responsibilities ln the conduct of the foreign relations of the United States during national security emergencies, under the direction of the Prevident and in consultation with the heads of other appropriate Federsi departments and agencies, including, but not limited to:
(a) Formulation und implementation of foreign policy and negotiation regard-ing contingency and post-emergency plans, intergovernmental agreements, (3 and arrangements with United States' a!!ies:
(b) Formulation, negotiation, and execution of policy affecting the relatien-ships of the United States with neutral states:
47504 Fed:ral Register / Vol. 53, No. 226 / Wednesday, Novemb:r 23, 1988 / Presid:ntial Documents (c) Formulation and execution of political strategy toward hostile or enemy j states; f
(d) Conduct of mutual assistance activities; s
),
i I
(e) Provision of foreign assistance, including continuous supervision and ;
general direction of authortzed economic and military assistance programs: j (f) Protection or evacuation of United States citizens and nationals abroad and l 1
safeguarding their property abroad, in consultation with the Secretaries of Defense and Health and Human Services; (g) Protection of international organizations and foreign diplomatic, consular, and other official personnel and property, or other assets, in the United States, [
in coordination with the Attorney General and the Secretary of the Treasury; J (h) Formulation of pol'cies and provisions for assistance to dispicced persons ]
and refugees abroad: j (i) Maintenance of' diplomatic and consular representation abroad: and I U) Rgorting of and advising on conditions overseas that bear upon national security emergencies.
Sec.1302. Support Responsibilities. The Secretary of State shalb (1) Assist appropriate agencies in developing planning assumptions concern- i ing accessibility of foreign sources of supply:
[2] Support the Secretary of the Treasury,in consultation, as appropriate, with j the Secretaries of Commerce and Defense, in the formulation and execution of economic nieasures with respect to other nations (3) Support the 5ecretary of Energy in international liaison activities pertain-ing to nuclear materiale facilities:
(4) Support the Director of the Federal Emergency Management Agency in the coordination and integration of United States policy regarding the formulation and implementation of civil emergency resources and preparedness planning: ;
(5) Assist the Attorney General of the United States in the formulation of i national security emergency plans for the control of persons entering or j leaving the United States.
PART 14-Department of Transportation Sec.1401. Leod Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2 the Secretary of Transportation shall:
(1) Develop plans to promulgate and manage overall national policies, pro-grams, procedures, and systems to meet essential civil and military transpor- '
tation needs in national security emergencies:
(2) Be prepared to provide direction to all modes of c!vil transportation in national security emergerr.ies, including air, surfect water, pipelines, and public storage and warehousing, to the extent such responsibility is vested in the Secretary of Transportation. This direction may include:
(a) Implementation of priorities for all transportation resource requirements for service, equipment, facilities, and systema:
(b) Allocation of transportation resource capacity; and (c) Emergency management and centrol of civil transportation resources and systems, including privately owned automobiles, urban mass transit, imer- 4 modal transportation systems, the National Railroad Passer.ger Corporation j and the St. Lawrence Seaway Development Corporation: l l
(3) Develop plans to provide for the smooth transition of the Ccast Guard as a l service te the Department of the Navy during national security emergencies.
These plens shall be compeible with the Department of Defense planning {
i system, especially in the areas of port security and military readiness:
i ;
l : '
i 1 l - l I l lll l ' Il F Federal Register / Vol 53, No. 228 / Wednesday, November 23, 1988 / Presidential Documente 47505 I
(4)In coordination with the Secretary of State and the Director of the Federal I Emergency Management Agency, represent the United States in transporta-tion related international (including NATO and allied) civil emergency pre- .
( paredness planning and related activities:
(5) Coordinate with State and local highway agencies in the management of all Federal, State, city, local, and other highways, roads, streets, bridges, tunnels, and publicly owned highway maintenance equipment to assure efficient and safe use of road space during national security emergencies: {
(6) Develop plans and procedures in consultation with appropriate agency l officials for maritime and port safety, law enforcement, and security over, upon, and under the high seas and waters sabject to the jurisdiction of the United States to assure operational readiness for national security emergency functions; (7) Develop plans for the emergency operation of U.S. ports and facilities, use I of shipping resources (U.S. and others), provision of government war risks insurance, and emergency construction of merchant ships for military and civil use:
(8) Develop plans for emergency management and control of the National Airspace System, including provision of war risk insurance and for transfer of ;
the Federal Aviation Administration,in the event of war, to the Department of '
Defense:
(9) Coordinate the Interstate Commerce Commission's development of plans and preparedness programs for the reduction of vulnerability, maintenance, restoration, and operation of privately owned railroads, motor carriers, inland waterway transportation systems, and public storage facilities and services in national security emergencies.
Sec.1402. Support Responsibility. The Secretary of Transportation shall co-ordinale with the Secretary of Energy m the planning and management of transportation resources involved in the bulk movement of energy materials.
PART15-Department of the Treasury Sec.1501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Gncretary of the Treasury shall:
(1) Develop plans to maintain stable economic conditions and a market economy during national r,ecurity emergencies; emphasize n'easures to mini-mize inflation and disruptions: end, minimize reliance on direct controls of the monetary, credit, and financial systems. These plans will include provisions for:
(a) Increasing capabilities to minimize economic dislocations by carrying out appropriate fiscal, monetary, and regulatory policies and reducing susceptibili-ty to manipult.ted economic pressures:
(b) Providing the Federal Government with efficient and equitable financing sources and payment mechanisms:
l (c) Providing fiscal authorities with adequate legal authority to meet resource requirements; (d) Developing, in consultation with the Board of Governors of the Federal Reserve System, and in cooperatica with the Board cf Directors of the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, the National Credit Union Administration Board, the Farm Credit Administration Board and other financial institutions. plans for the continued or resumed operation and liquidity of banks, savings and loans, credit unions, and farm credit institutions, measures for the reestablishment of evidence of assets or liabilities, and provisions for currency withdrawals and deposit insurance:
(2) Provide for the protection of United States financial resources including
%> currency and coin production and redemption facilities, Federal check dis-bursement facilit.es, and predous monetary metals:
23, 1988 / Presidential Documents )
.M506 Federal 'Regist:r / Vol. 53. No. 226 / Wedn sday, November (3) Provide for the preservation of, and facilitate emergency operations of, l public and private financialinstitution systems, and provide for their restora-tion during or after national security emergencies: .l (4) Provide, in coordination with the Secretary of State, for participation in ,
' bilateral and multilateral financial arrangements with foreign governments: l (5) Maintain the Federal Government accounting and financial reporting j system in nMional security emergencies:
(6) Develop plans to protect the President, the Vice President, other officers in the order of presidential succession, and other persons designated by the u President {
(7) Develop plans for rr.storation of the economy following an attack; for the !
4 development of emergency monetary, credit, and Federal benefit payment I programs of those Federal departments and agencies that have responsibilities dependent on the policies or capabilities of the Department of the Treasury: !
and for the implementation of national policy on sharing war losses:
l (8) Develop plans for initiating tax changes, waiving regulations, and, in }
conjunction with the Secretary of Commerce or other guaranteeing agency. l granting or guaranteeing loans for the expansion of industrial capacity, the {
development of technological processes, or the production or acquisition of l essential materials: J (9) Develop plans,in coordination with the heads of other appropriate Federal i departments and agencies, to acquire emergency imports, make foreign barter '
arrangements, or otherwise provide for essential material from foreign sources using, as appropriate, the resources of the Export Import Bcnk or resources e
f available to the Bank:
(10) Develop plans for encouraging capital inflow and discouraging the flight of capital from ,the United States and, in coordination with the Secretary of ,
State, for the seizure and administration, of assets of enemy aliens during i national security emergencies: j (11) Develop plans, in consultation with the heads of appropriate Federal departments and agencies, to regulate financial and commercial transactions with other countries; '
(12) Devel.op plans, in coordination with the Secretary of Commerce and the Attorney General of the United States, to control the movement of property entering or leaving the United States:
(13) Cooperate and consult with the Chairman of the Securities and Exchange Commission, the Chairman of the Federal Reserve Board, the Chairman of the Commodities Futures Trading Commission in the development of emergency financi11 control plans and regulations for trading of stocks and commodities, and in the development of plans for the maintenance and restoration of stable e
i and orderly markets:
(14) Develop plans, in coordination with the Secretary of State, for the formulation and execution of economic measures with respect to other nations in national security emergencies.
Sec.1502. Support Responsibilities. The Secretary of the Treasury shalb (1) Cooperate with the Attorney General of the United States on law enforce-ment activities, including the control of people entering and leaving the United States:
(2) Support the Secretary of Labor in developing plans and procedures for wage, salary, and benefit costs stabilization: l j
(3) Support the Secretary of State in plans for the protection of international l
i organi2.ations and foreign diplomatic, consular, and other official personnel and property or other asses in the United States.
l i
d JL d
Federal Regist r / Vol. 53, No. 226 / Wedneedsy. November 23, 1988 / Presidential Docum:nts 47507 PART 16--Environm:ntil Prot:cti:n Agency Sec.1801. Lead Responsibilities, In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of the Environmental Protection j Agncy shall:
V i
(1) Develop Federal plans and foster development of State and local plans designed to prevent or minimize the ecological impact of hazardous agents (biological, chemical, or radiological) introduced into the environment in -
national security emergencies:
(2) Develop, for national security emergencies, guidance on acceptable emer-gency levels d nuclear radiation, assist in determining acceptable emergency levels 01 s agents, and help to provido detection and identification of chemicai +
(3) Develop, in coordination with the Secretary of Defense, plans to assure the provision of potable water supplies to meet community needs under national security emergency conditions, including claimancy for materials and equip-ment for public water systems.
Sec.1662. Support Responsibilities. The Administrator of the Environmental Protection Agency shall:
(1) Assist the heads of other Federal agencies that are responsible for develop-ing plans !ar the detection, reporting, assessment, protection against, and reduction of effects of hazardous agents introduced mto the environment:
(2) Advise the heads of Federal departments and agencies regarding proce-dures for assuring compliance with environmental restrictions and for expedi-tious review of requests for essential waivers.
PART17-Federal Emergency Management Agency
[
Sec.1701. Lead Responsibilities. In addition to the applicable responsibilities
,- g covered in Parts 1 and 2, the Director of the Federal Emergency Management I i Agency shall:
\"/
(1) f3cordinate and support the initiation, development, and implementation of national security emergency preparedness programs and plans among Federal departments and agencies:
(2) Coordinate the development and implementation of plans for the operation and continuity of essential domestic emergency functions of the Federal l
Government during national security emergencies; (3) Coordinate the development of plans,in cooperation with the Secretary of Defense, for mutual civil military support during national security emergen-c(es:
(4) Guide and assist State and local governments and private sector organiza-tions in achieving preparedness for national security emergencies, including development of plans and procedures for assuring continuity of government, and support planning for prompt and coordinated Federal assistance to States and localities in responding to national security emergencies:
(5) Provide the President a periodic assessment of Federal, State, and local capabilities to respond to national security emergencies; (6) Coordinate the implementation of policies and programs for efficient mobilization of Federal, State, local, and private sector resources in response to national security emergencies:
(7) Develop and coordinate with all appropriate agencies civil defense pro-grams to enhance Federal, State, local, and private sector capabilities for national security emergency crisis management, population protection, and recovery in the event of an attack on the United States:
i (8) Develop and support public information, education and training programs
\
to assist Federal. State, and local government and private sector entities in planning for and implementing national security emergency preparedness programs:
47508 Federal Regist:r / Vol. 53. No. 226 / Wednesday, Nov:mber 23, 1988 / Presidential Docum nts (9) Coordinate among the heads of Federal State, and local agencies the planning, conduct, and evaluation of national security emergency exercises; (10) With the assistece of the heads of other appropriate Federal depart- s l ments and agencies, develop and maintain capabilities to assess actual attack '
damage and residual recovery capabilities as well as capabilities to estimate l the effects of potential attacks on the Nation; (11) Provide guidance to the heads of Federal departments and agencies on the appropriate use of defense production authorities, including resource clai-mancy, in order to improve the capability of industry and infrastructure systems to meet national security emergency needs; ;
(12) Assist the Secretary of State in coordinating the formulation and imple-mentation of United States policy for NATO and other allied civil emergency planning, including the provision of: j (a) advice and assistance to the departments and agencies in alliance civil emergency planning matte...
(b) support to the United States Mission to NATO in the conduct of day to-day civil emergency planning activities; and ;
a' (c) support facilities for NATO Civil Wartime Agencies in cooperation with the Departments of Agriculture, Commerce, Energy State, and Transportation.
Sec.1702. Support Responsibilities. The Director of the Federal Emergency Management Agency shalh (1) Support the heads of other Federal departments and agencies in preparing plans and programs to discharge their national security emergency prepared-ness responsibilities, including, but not limited to, such programs as mobiliza-tion preparedness, continuity of government planning, and continuance of industry and infrastructure functions essential to national security; (2) Support the Secretary of Energy, the Secretary of Defense, and the Mem-bers of the Nuclear Regulatory Commission in developing plans and capabili-ties for identifying, analyzing, mitigating, and responding to aergencies related to nuclear weapons, materials, and devices, including mobile and fixed nuclear facilities, by providing, inter alia, off-site coordination; (3) Support the Administrator of General Services in efforts to promo.e a government wide program with respect to Federal buildings and installations to minimize the effects of attack and establish shelter management organiza-tions.
PART 18-General Services Administration Sec.1801, Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of General Services shalh (1) Develop national security emergency plans and procedures for the oper-ntion, maintenance, and protection of federally owned and occupied buildings j managed by the General Services Administration, and for the construction, alteration, and repair of such buildings; (2) Develop national security emergency operating procedures for the control, acquisition, leasing, assignment, and priority of occupancy of real property by j the Federal Government, and by State and local governments acting as agents )
of the Federal Government, except for the military facilities and facilities with j special nuclear materials within the jurisdiction of the Departments of Defense and Energy; (3) Develop national security emergency operational plans and procedures for the use of public utility services (other thara telecommunications services) by Federal departments and agencies, except for Department of Energy-operated facilities:
,v-
. MpyT Federal Register / Vol. 53, No. 228 / Wednesday, November 23. W8 / Presidential Documents C509 1
%y .
(4) Develop plans and operating procedures of government-wide supply pro- l gramt to meat the r*quirements of Federal departments and agencies during nehonal setunty emergencies;
\ (5) Develop plans and operating procedures for the use, in national security emergencies, of excess and surplus real and personal property by Federal.
State, and local governmental entities:
(0) Develop plans, in coordination with the Director of the Federal Emergency l Management Agency, with respect to Federal buildings and installations, to minimize the effects of attack and establish shelter management organiza-tions.
Sec.1802. Support Responsibility. The Administrator of General Services shall develop plans to assist Federal departments and agencies in operation and maintenance of essential automated information processing facilities during national security emergencies.
PART 19-National Aeronautics and Space Administration Sec.1901. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2. the Administrator of the National Aeronautics and Space Administration shall coordinate with the Secretary of Defense to prepare for the use, maintenance, and development of technologically ad-vanced aerospace and aeronautical-related systems, equipment, and method- i ologies applicable to national security errergencies.
PART 20-National Archives and Records Administration I Sec. 2001. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2. the Archivist of the United States shalb (1) Develop procedures for publication during national security emergencies of the Federal Register for as broad public dissemination as is practicable of d presidentici proclamations and Executive ordars, Federal administrative regu-lations. Federal emergency notices and actions, and Acts of Congress:
(2) Develop en ergency procedures for providing instructions and advice on the handling and preservation of records critical to the operation of the Federal Govctnment in national security emergencies.
PART 21-Nuclear Regulatory Commission Sec. 2101. LeadResponsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Members of the Nuclear Regulatory Commission shalh (1) Promote the development and maintenance of national security emergency l
preparedness programs through security and safeguards programs by licensed facilities and activities:
(2) Develop plans to suspend any licenses granted by the Commission: to order the operations of any facility licensed under Section 103 or 104: Atomic Energy Act of 1954, as amended (42 U.S.C. 2133 or 2134); to order the entry into any plant or facility in order to recapture special nuclear material as deter-mined under Subsection (3) below; and operate such facilities:
(3) Recapture or authorize recapture of special nuclear materials from licens-ces where necessary to assure the use, preservation, or safeguarding of such materials for the common defense and security, as determined by the Commis-sion or as raquested by the Secretary of Energy.
Sec. 2102. Support Responsibilities. The Members of the Nuclear Regulaiory Commission shall:
(1) Assist the Secretary of Energy in assessing damage to Commission-y licensed facilities, identifying useable facilities, and estimating the time and actions necessary to restart inoperative facilities:
47510 Fed:ral RIgistir / Vol. 53, No. 226 / Wednesday, November 23, 1988 / Presidential Documents i (2) Provide advice and technical assistance to Federal, State, and local officials and private sector organizations regarding radiation hazards and protective actions in national security emergencies. '
PART 22-Ofrice of Personnel Management Sec. 2201. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2. the Director of the Office of Personnel Management shall:
(1) Prepare plans to administer the Federal civilian personnel system in national security emergencies, including plans and procedures for the rapid mobilization and reduction of an emergency Federal workforce:
(2) Develop national security emergency work force policies for Federal civilian personnel:
(3) Develop plans to accommodate the surge of Federal personnel security background and pre employment investigations during national security emer-gencies.
Sec. 2202. Support Responsibilities. The Director of the Office of Personnel Management shall:
(1) Assist the heads of other Federal departments and agencies with personne management and staffing in national security emergencies, including facilitat-ing transfers between agencies of employees with critical skills:
(2)In consultation with the Secretary of Defense and the Director of Selective Service, develop plans and procedures for a system to control any conscrip-tion of Federal civilian employees during national security emergencies.
PART 23-Selective Service System Sec. 2301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2. the Director of Selective Service shall:
(1) Develop plans to provide by induction, as authorized by law, personnel!
that would be required by the armed forces during national security emergen-CieS;
[2) Develop plans for implementing an alternative service program.
PART 24-Tennessee Valley Authority Sec. 2401. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Board of Directors of the Tennessee Valley Authority shall develop plans and maintain river control operations for the prevention or control of floods affecting the Tennessee River System during national security emergencies.
Sec. 2402. Support Responsibilities. The Board of Directors of the Tennessee Valley Authority shall:
f (1) Assist the Secretary of Energy in the development of plans for the integration of the Tennessee Valley Authority power system into nationwide national security emergency programs; (2) Assist the Secretaries of Defense, Interior, and Transportation and the Chairman of the Interstate Commerce Commission in the development of plans for operation and maintenance of inland waterway transportation in th Tennessee River System during national security emergencies.
PART 25--United States Information Agency Sec. 2501, Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Director of the United States Information Agency shall:
(1) Plan for the implementation of information program United States:
I .-
K{di "'- Feder;l Regist:r / Vol. 53. No. 220 / Wednesday, November 23, 1988 / Presidential Docum:;nts 47511-
.* gg; _-
g.
(2) In coordination with the Secretary of State's exercise of telecommunica.
tions functions affecting United States diplomatic missions and consular offices overseas, maintain the capability to provide television and simultane-('i ous direct radio broadcasting in major languages to all areas of the world, and
()
the capability to provide wireless file to all United States embassies during national security emergencies.
Sec. 2502. Support Responsibility. The Director of the United States Infornta-tion Agency shall assist the heads of other Federal departments and agencies in planning for the use of media resources and foreign public information programs during national security emergencies.
PART 26-United States Postal Service Sec. 2601. Leod Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Postmaster General shall prepare plans and programs to provide essential postal services during national security emer-gencies.
Sec. 2602. Support Responsibilities. The Postmaster General shall:
(1) Develop plans to assist the Attorney General of the United States in the registration of nationals of enemy countries residing in the Untled States:
(2) Develop plans to assist the Secretary of Health and Human Services in registering displaced persons and families:
(3) Develop plans to assist the heads of other Federal departments and agencies in locating and leasing privately owned property for Federal use during national security emergencies.
PART 27-Veterans' Administration Sec. 2701. Leod Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of Veterans' Affairs shall:
( ,/ (1) Develop plans for provision of emergency health care services to veteran beneficiaries in Veterans' Administration medical facilities, to active duty military personnel and, as resources permit, to civilians in communities affected by national security emergencies; (2) Develop plans for mortuary services for eligible veterans, and advise on methods for interment of the dead during national security emergencies.
Sec. 2702. Support Responsibilities. The Administrator of Veterans' Affairs shall:
(1) Assist the Secretary of Health and Human Services in promoting the development of State and local plans for the provision of medical services in national security emergencies, and develop appropriate plans to support such State and local plans:
(2) Assist the Secretary of Health and Human Services in developing national plans to mobilize the health care industry and medical resources during national security emergencies; (3) Assist the Secretary of Health and Human Services in developing national niant to set priorities and allocate medical resources among civi.!!an and rtilitary claimants.
PART 28-Office of Management and Budget Sec. 2801,in addition to the applicabli responsibilities covered in Parts 1 and 2, the Director of the Office of Management and Budget shall prepare plans I
and programs to maintain its functions during national security emergencies.
In connection with these functions. the Director of the Office of Management p and Budget shall:
l () (1) Develop plans to ensure the preparation, clearance, and coordination of I proposed Executive orders and proclamations:
l l
l
47512 Feder:1 Regist:r / Vol. 53. No. 226 / Wednesday, November 23, 1988 / Pr:sidential Documents (2) Prepare phns to ensure the preparation supervision, and control of the budget gnd tha formulation of the tiscal program of the Government; (3) Develop plans to coordinate and communicate Executive branch views to the Congress regarding legislation and testimony by Executive branch offi-cials:
(4) Develop plans for keeping the President informed of the activities of government agencies, continuing the Office of Management and Budget's management functions, and maintainbg presidetitial supervision and direction with respect to legislation and regulations in national security emergencies.
PART 29-General Sec. 2901. Executive Order Nos.10421 and 17490. as amended, are hereby revoked. This Order shall be effective immediately.
O crwdA. k THE WHITE HOUSE.
November 18. 1988.
0 4
+