1 February 1998 Source: http://www.access.gpo.gov/nara/cfr/index.html ------------------------------------------------------------ [Title 44, Volume 1] [Revised as of October 1, 1997] From the U.S. Government Printing Office via GPO Access [CITE: 44CFR336] [Page 581-584] TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY PART 336--PREDESIGNATION OF NONINDUSTRIAL FACILITIES (NIF) FOR NATIONAL SECURITY EMERGENCY USE Sec. 336.1 Purpose. 336.2 Applicability and scope. 336.3 Reference. 336.4 Definitions. 336.5 Background. 336.6 Policy. 336.7 Federal responsibilities. 336.8 State and local Government emergency planning agencies. 336.9 Reporting. Authority: National Security Act of 1947, as amended, 50 U.S.C. 404; Defense Production Act of 1950, as amended, 50 U.S.C. app. 2061 et seq.; E.O. 12148 of July 20, 1979, 3 CFR, 1979 Comp., p. 412; E.O. 10480 of Aug. 14, 1953, 3 CFR, 1949-53 Comp., p. 962; and E.O. 12656 of Nov. 18, 1988, 53 FR 47491. Source: 55 FR 30458, July 26, 1990, unless otherwise noted. Sec. 336.1 Purpose. (a) This part establishes policy and procedural guidance to assist the Federal departments and agencies in the development of plans for the predesignation and assignment of nonindustrial facilities to ensure that emergency requirements can be met in time of a national security emergency. (b) Specifically, this part provides: (1) Policy guidance for the predesignation of nonindustrial facilities for essential needs in a national security emergency. (2) Criteria guidance for the Federal departments and agencies to assess and select on a priority basis the nonindustrial facilities that are needed for national security emergencies. (3) Planning guidance for the Federal departments and agencies to develop plans and programs for the usage of nonindustrial facilities and avoid or minimize disruptions of essential services during any national security emergency. Sec. 336.2 Applicability and scope. This part is applicable to all Federal departments and agencies, State and local governments and the private sector and provides policy and procedural guidance for carrying out the NIF program. The NIF program helps ensure our ability to mobilize essential nonindustrial facilities for Department of Defense (DOD) and essential civilian needs in the event of a national security emergency or contingency. Sec. 336.3 Reference. Department of Defense Directive 4165.6, Real Property Acquisition Management and Disposal, dated September 1, 1987, which may be obtained from Headquarters, U. S. Forces Command, Fort McPherson, Georgia 30330- 6000, Attn: FCEN-CDP. Sec. 336.4 Definitions. (a) Agency. Agency refers to all of the Federal departments and agencies and the State and local entities participating in the NIF program to predesignate nonindustrial facilities. (b) Allocation. Allocation means the NIF predesignation has been granted to the requesting organization. (c) Denial. Denial means that predesignation of a NIF was not allocated due to a conflict between Federal or State NIF requests. (d) Graduated Mobilization Response is a system for integrating mobilization actions designed to respond to ambiguous and/or specific warnings. These actions are designed to mitigate the impact of an event or crisis and reduce significantly the lead time associated with a full national emergency action implementation. (e) 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. (f) Nonindustrial Facility. Nonindustrial Facility refers to a unit of real property that can be used for housing, training or another non- industrial purpose; for example hotels, motels, educational institutions, office buildings, and other real estate (excluding farms, [[Page 582]] churches or other places of worship, or private dwelling houses). (g) Predesignation. Predesignation means the advanced identification and screening of a NIF to help ensure there will be no conflict of requirements for its use during a national security emergency. [55 FR 30458, July 26, 1990, as amended at 55 FR 34262, Aug. 22, 1990] Sec. 336.5 Background. (a) The purpose of the NIF program is to improve the Nation's ability to mobilize nonindustrial facilities for DOD and/or essential civilian needs in times of national security emergencies. (b) Availability of adequate nonindustrial facilities can be crucial in responding decisively and effectively to emergency situations. In planning for a mobilization surge, military commanders have found existing military housing and training facilities are not adequate to meet the demand of mission requirements. To meet these requirements, access to other nonindustrial facilities has been sought through standby agreements or contracts with the owners and operators of nonindustrial facilities to supplement government installations. (c) Although NIF is principally a Department of Defense program, other Federal departments and agencies and State and local agencies may also have nonindustrial facilities requirements. (d) Executive Order 12656 directs Federal departments and agencies to prepare national plans and programs such as NIF, to ensure an appropriate state of readiness to respond to a national security emergency. (e) In the development of the plans for use of these facilities, including privately-owned facilities, different requirements for national security emergencies must be considered. Such emergency conditions could create a conflicting requirement for the same facility by Government entities. FEMA will coordinate the NIF requests by DoD components and other Federal agencies with the appropriate State agencies to ensure that conflicts between civilian and military requirements are avoided. [55 FR 30458, July 26, 1990, as amended at 55 FR 34262, Aug. 22, 1990] Sec. 336.6 Policy. (a) The policy of the United States is to have sufficient emergency response capabilities at all levels of government to meet essential defense and civilian needs during any national security emergency. Accordingly, each Federal Department and agency shall enhance its emergency preparedness response capabilities and plans through the use of nonindustrial facilities in national security emergencies. (b) Federal Departments and agencies will determine their requirements for nonindustrial facilities and shall identify the specific facilities needed to meet these emergency requirements. (c) Federal Departments and agencies will develop their nonindustrial facilities requirements and planning in conformance with Stage 3 of the Graduated Mobilization Response System to provide appropriate and effective response options for consideration in reacting to a national security emergency. (d) Federal Departments and agencies will develop contingency plans to utilize these facilities in an emergency in order to minimize response time and costs for utilization or construction of additional nonindustrial facilities. (e) Utilizing national priorities established in consultation with the National Security Advisor, FEMA will resolve competing requests for nonindustrial facilities usage in national security emergencies. Competing requests that cannot be resolved by FEMA may be resolved through referral to the National Security Advisor. Sec. 336.7 Federal responsibilities. (a) Departments and Agencies. The heads of Federal departments and agencies are responsible for: (1) Meeting their emergency preparedness facilities requirements by developing programs for the selection and predesignation of nonindustrial facilities; (2) Assessing essential emergency requirements and plans for the use of alternative nonindustrial facilities to meet critical demands during and following national security emergencies; (3) Submitting the NIF requests to the FEMA Regional Director in the [[Page 583]] area where the facility is located. Copies of the applications and instructions may be obtained by writing the appropriate FEMA regional office listed in Appendix A to this part. (4) Making the necessary arrangements with the owners and operators of the predesignated nonindustrial facility to permit a rapid and effective transition from routine to emergency operations and the effective use of nonindustrial facilities in emergency operations. (5) Notifying the appropriate FEMA regional office that the necessary arrangements with the owners and operators for the use of nonindustrial facilities have been completed. (b) The Federal Emergency Management Agency (FEMA). The Director of the FEMA or designee, shall: (1) Convey national security emergency preparedness policies of the National Security Council and provide planning guidance and assistance to the Federal departments and agencies; (2) Coordinate emergency planning programs and national security emergency preparedness activities of the Federal Government, including the NIF Program; (3) Provide procedures and guidance for coordinating the predesignation of nonindustrial facilities; (4) Resolve conflicting NIF requests that cannot be resolved at the regional office level and refer appropriate issues to the National Security Advisor for resolution; (c) The FEMA Regional Directors shall: (1) Advise and assist State and local governments and, as appropriate, private organizations on the NIF program. (2) Seek clearance with appropriate State authorities on nonindustrial facilities selected for Federal use in their States. (3) Coordinate arrangements between Federal departments and agencies; and with State authorities on facility predesignation and allocation. (4) Consider the multi-use of predesignated facilities based on competing requirements for the same facility, unless single use is necessary or appropriate for the national defense. (5) Forward to FEMA Headquarters competing NIF requests that cannot be resolved at the regional level. (6) Provide the appropriate State emergency planning agencies with a copy of a periodic report of Predesignated Nonindustrial Facilities for their particular region. [55 FR 30459, July 26, 1990, as amended at 55 FR 34262, Aug. 22, 1990] Sec. 336.8 State and local Government emergency planning agencies. (a) State and local emergency planning agencies have a crucial role to play in achieving a coordinated program to predesignate nonindustrial facilities to meet emergency requirements. Consequently, it is essential that precise plans are developed for the conditions under which each facility is to be used in order to provide efficient and effective means to accommodate civilian and military requirements in accessing nonindustrial facilities in the event of a national security emergency, to avoid conflicting requirements between Federal, and State and local agencies. (b) In response to requests for clearance by FEMA regional offices of designations of nonindustrial facilities by Federal departments and agencies, the appropriate State agency will review the request and provide an appropriate reply. Sec. 336.9 Reporting. The Director of FEMA may provide the President with periodic assessments of the Federal departments and agencies capability to respond to national security emergencies. Pursuant to section 201(15) of Executive Order 12656, departments and agencies, as appropriate, shall consult and coordinate with the Director of FEMA to ensure that their activities and plans are consistent with current National Security Council guidelines and policies. An evaluation of the programs of Federal departments and agencies to predesignate nonindustrial facilities may be included in this report. Appendix A--FEMA Regional Offices The addresses for the regional office contacts for FEMA Region I through X are as follows: [[Page 584]] FEMA Region I, Chief, Emergency Management and National Preparedness, Programs Division, J.W. McCormack Post Office and Courthouse Building, Room 442, Boston, MA 02109 FEMA Region II, Chief, Emergency Management and National Preparedness Division, 26 Federal Plaza, Room 1338, New York, NY 10278 FEMA Region III, Chief, Emergency Management and National Preparedness, Liberty Square Building (Second Floor), 105 South Seventh Street, Philadelphia, PA 19106 FEMA Region IV, Chief, Emergency Management and National Preparedness Division, 1371 Peachtree Street, N.E., Suite 700, Atlanta, GA 30309 FEMA Region V, Chief, Emergency Management and National Preparedness Division, 175 West Jackson Blvd., 4th Floor, Chicago, IL 60604-2698 FEMA Region VI, Chief, Emergency Management and National Preparedness Division, Federal Regional Center, 800 N. Loop 288, Denton, TX 76201- 3698 FEMA Region VII, Chief, Emergency Management and National Preparedness Division, 911 Walnut Street, Room 200, Kansas City, MO 64106 FEMA Region VIII, Chief, Emergency Management and National Preparedness Division, Denver Federal Center, Building 710, Box 25267, Denver, CO 80225-0267 FEMA Region IX, Chief, Emergency Management and National Preparedness Division, Building 105, Presidio of San Francisco, CA 94129 FEMA Region X, Chief, Emergency Management and National Preparedness Division, 130 228th Street, Southwest, Federal Regional Center, Bothell, WA 98021-9796