1 February 1998
Source: http://www.access.gpo.gov/nara/cfr/index.html

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[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,

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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


