[Federal Register: July 23, 2007 (Volume 72, Number 140)]
[Notices]
[Page 40139-40145]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy07-40]
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DEPARTMENT OF ENERGY
Office of Civilian Radioactive Waste Management; Safe Routine
Transportation and Emergency Response Training; Technical Assistance
and Funding
AGENCY: Department of Energy.
ACTION: Notice of revised proposed policy and request for comments.
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SUMMARY: The Department of Energy (DOE) is publishing this notice of
revised proposed policy to set forth its revised plans for implementing
Section 180(c) of the Nuclear Waste Policy Act of 1982 (the NWPA).
Under Section 180(c) of the NWPA, DOE shall provide technical and
financial assistance for training of local public safety officials to
States and Indian Tribes through whose jurisdictions the DOE plans to
transport spent nuclear fuel or high-level
[[Page 40140]]
radioactive waste to a facility authorized under Subtitle A or C of the
NWPA (NWPA-authorized facility). The training is to cover both safe
routine transportation and emergency response procedures. The purpose
of this notice is to communicate to stakeholders the revised proposed
policy of DOE regarding Section 180(c) issues and request comments on
this revised proposed policy and the questions specified herein.
Written and electronic comments may be submitted to DOE on this
document.
DATES: Comments must be received by DOE on or before October 22, 2007.
ADDRESSES: Written comments should be directed to Ms. Corinne Macaluso,
U.S. Department of Energy, c/o Patricia Temple, Bechtel SAIC Company,
LLC, 955 N. L'Enfant Plaza, SW., Suite 8000, Washington, DC 20024. The
revised proposed policy and electronic comment forms are also available
at http://www.ocrwm.doe.gov. Fill out the form and click ``submit'' to
send your comments in through the Web site. Persons submitting comments
should include their name and address. Receipt of written comments in
response to this notice will be acknowledged if a stamped, self-
addressed postal card or envelope is enclosed. Electronic comments will
receive an electronic notice of receipt.
FOR FURTHER INFORMATION CONTACT: For further information on the
transportation of spent nuclear fuel and high-level radioactive waste
under the NWPA, please contact: Ms. Corinne Macaluso, Office of
Logistics Management, Office of Civilian Radioactive Waste Management
(RW-10), U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC, 20585, Telephone: 202-586-2837.
General program information is available on the Office of Civilian
Radioactive Waste Management (OCRWM) Web site located at
http://www.ocrwm.doe.gov.
Copies of comments received will be posted on the OCRWM Web site.
Please allow up to two weeks after DOE receives comments to view them
on the Web site.
Request for Comments: DOE will consider all comments submitted by
the closing date. Comments received after that date will be considered
to the extent practicable. DOE requests that commenters pay particular
attention to the questions at the end of this revised proposed policy.
SUPPLEMENTARY INFORMATION:
I. Purpose and Need for Agency Action
Under the NWPA, DOE is responsible for the transportation of spent
nuclear fuel and high-level radioactive waste to an NWPA-authorized
facility. In particular, under Section 180(c) of the NWPA, DOE is
responsible for providing technical and financial assistance for
training of local public safety officials to States and Indian Tribes
through whose jurisdiction the Secretary plans to transport spent
nuclear fuel or high-level radioactive waste to an NWPA-authorized
facility. Section 180(c) further provides that such training cover
procedures required for both safe routine transportation of these
materials and for dealing with emergency response situations. Section
180(c) identifies the Nuclear Waste Fund as the source of funds for
this assistance.
DOE has announced a schedule to begin shipping spent nuclear fuel
and high-level radioactive waste to an NWPA-authorized facility in
2017.\1\ Subject to the availability of appropriated funds, DOE plans
to conduct a pilot program for 180(c) grants beginning in fiscal year
2008. DOE will evaluate public comments received on this revised
proposed policy prior to implementing the pilot program. After review
of the comments received on this revised proposed policy and completion
of the pilot program, DOE plans to issue a new revised proposed policy
for public comment and thereafter to issue a final policy prior to
awarding the first 180(c) grants. The first grants are planned to be
issued approximately four years prior to the commencement of shipments
through a State or Tribe's jurisdiction to support assessing the need
for and planning for training.
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\1\ The schedule for the proposed Yucca Mountain repository is
based on factors within the control of DOE, appropriations
consistent with optimum Project execution, issuance of an Nuclear
Regulatory Commission (NRC) Construction Authorization consistent
with the three year period specified in the Nuclear Waste Policy
Act, and the timely issuance by the NRC of a Receive and Possess
license. This schedule also is dependent on the timely issuance of
all necessary other authorizations and permits, the absence of
litigation related delays, and the enactment of legislation proposed
by the Administration.
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The Office of Civilian Radioactive Waste Management, Strategic Plan
for the Safe Transportation of Spent Nuclear Fuel and High-Level
Radioactive Waste to Yucca Mountain: A Guide to Stakeholder
Interactions calls for DOE to work closely with State Regional Groups
and individual impacted States and Tribes as it makes operational
decisions regarding shipments to an NWPA-authorized facility. The DOE's
practice of involving States, Tribes, industry, utilities, and other
interested parties in transportation planning has contributed to a
decades-long record of safely transporting such material. This revised
proposed policy supports the DOE's OCRWM objective to develop and begin
implementation of a comprehensive national spent fuel transportation
plan that accommodates State, local, and Tribal concerns and input to
the greatest extent practicable.
II. Background
On January 3, 1995, DOE issued a proposed policy on how it would
implement Section 180(c) of the NWPA (60 FR 99). DOE subsequently
issued several notices relating to its proposed 180(c) policy in the
Federal Register on July 18, 1995 (60 FR 36793), May 16, 1996 (61 FR
24772), July 17, 1997 (62 FR 38272), and April 30, 1998 (63 FR 23753).
DOE is publishing this Notice of Revised Proposed Policy to set forth
and communicate to stakeholders the revised policy by which DOE
currently intends to implement Section 180(c). DOE previously requested
comments on the 1998 Notice of Revised Proposed Policy and Procedures.
Those comments were reviewed and considered during the development of
this revised proposed policy.
As part of its longstanding commitment to work with stakeholders on
transportation matters, DOE has engaged in ongoing discussions on how
to implement Section 180(c). Such discussions have taken place in the
context of the Transportation External Coordination (TEC) Working
Group, which is comprised of representatives of State, Tribal, and
local governments, and professional, technical, and industry
associations, and which meets biannually to identify and discuss issues
related to the transport of radioactive materials. In 2004, DOE formed
a TEC Topic Group specifically to discuss Section 180(c) issues, and
the Topic Group met at least monthly from June 2004 through November
2005. In addition, DOE has discussed Section 180(c) issues with the six
national and regional organizations with which DOE has cooperative
agreements. These agreements enable DOE to exchange information and
solicit input regarding the planned transportation activities of OCRWM,
including Section 180(c) activities. These organizations comprise the
four State Regional Groups (the Southern States Energy Board, Western
Interstate Energy Board, Council of State Governments Midwestern
Office, and Council of State Governments Eastern Regional Conference),
the Commercial Vehicle Safety Alliance, and the
[[Page 40141]]
National Conference of State Legislatures.
Through the TEC Section 180(c) Topic Group, discussions with the
national and regional organizations described above, and other
stakeholder interactions, DOE received valuable comments and views on
180(c) issues which have been considered in the development of this
revised proposed policy. The Topic Group reached significant agreement
on eligibility requirements and timing of the grants and allowable uses
of the funding.
This policy is intended to be consistent with Homeland Security
Presidential Directives Number 5, ``Management of Domestic Incidents,''
issued February 28, 2003, and Number 8, ``National Preparedness,''
issued December 17, 2003; the Department of Homeland Security's
National Preparedness Goal, issued December 2005; the National
Preparedness Guidance issued April 27, 2005; the National Incident
Management System, issued March 1, 2004; and the National Response
Plan, issued December 2004.
III. Policy
Policy Statement
Section 180(c) of the NWPA states:
The Secretary [of DOE] shall provide technical assistance and
funds to States for training for public safety officials of
appropriate units of local government and Indian tribes through
whose jurisdiction the Secretary plans to transport spent nuclear
fuel or high-level radioactive waste under subtitle A or under
subtitle C. Training shall cover procedures required for safe
routine transportation of these materials, as well as procedures for
dealing with emergency response situations.
This proposed policy addresses the provision of technical and
financial assistance for training, both for normal transportation
operations and for potential incidents that may require emergency
response during shipments of spent nuclear fuel or high-level
radioactive waste to an NWPA-authorized facility. Technical assistance
to support 180(c) activities will consist of non-monetary assistance
that the Secretary of Energy can provide from DOE's specific knowledge,
expertise, and existing resources to aid training of public safety
officials on procedures for safe routine transportation and for
emergency response situations during the transport of spent nuclear
fuel and high-level radioactive waste to an NWPA-authorized facility.
Technical assistance includes, but is not limited to, access to DOE's
regional and Headquarters representatives involved in the planning and
operation of NWPA transportation or emergency preparedness activities,
provision of information packets that include materials about the OCRWM
Program and shipments, and provision of other training materials and
information. Financial assistance will consist of assessment and
planning grants and annual training grants. The provision of grants
will be subject to the criteria described herein, as well as the
availability of appropriated funds.
This revised proposed policy is consistent with DOE's longstanding
commitment to meet or exceed requirements and standards applicable to
the transport of spent nuclear fuel and high-level radioactive waste;
to cooperate with States, Tribes, and local governments; and to make
use of the existing expertise of States, Tribes, and local governments
to the maximum extent practicable.
Section 180(c) funds are intended to be used for training specific
to shipments of spent nuclear fuel and high-level radioactive waste to
an NWPA-authorized facility. DOE will work with States and Tribes to
evaluate current preparedness for safe routine transportation and
emergency response capability and will provide funding as appropriate
to ensure that State, Tribal, and local officials are prepared for
OCRWM shipments. Section 180(c) funds and related training are intended
to supplement but not duplicate existing training for safe routine
transportation and emergency preparedness. DOE will work with States
and Tribes to coordinate and integrate Section 180(c) activities with
existing training programs designed for State, Tribal, and local public
safety officials. Equipment purchased with Section 180(c) funds is
intended to be used for training to prepare for the specific hazards
presented by shipments to an NWPA-authorized facility. If necessary,
such equipment could then be used for inspections and for responding to
emergencies. Since State and Tribal governments have primary
responsibility to protect the public health and safety in their
jurisdictions, they will have flexibility to decide which allowable
activities to request Section 180(c) assistance to meet their unique
needs within the limits of the NWPA and DOE and other Federal financial
assistance regulations and restrictions.
Training with Section 180(c) funds should be to the level of detail
and to the degree necessary to prepare for shipments to an NWPA-
authorized facility. When necessary or appropriate, training should be
consistent with the Occupational Safety and Health Administration
(OSHA) awareness or operations levels, as those terms are defined in 29
CFR 1910.120, and the jurisdiction's emergency response plans. Any
deficiency in basic emergency response capability may be addressed
through consultation and technical assistance.
Funding Mechanism
DOE will implement Section 180(c) by funding direct grants to
eligible States and Tribes. The grants program will be administered in
accordance with the DOE Financial Assistance rules (10 CFR part 600),
which implement applicable Office of Management and Budget circulars,
and applicable law. The grant application process will require States
and Tribes to describe and justify their proposed work in the format of
a five-year project with a more detailed two-year work plan.
Applications will only be accepted through the Federal government's
electronic grant application system at http://www.grants.gov.
Basis for Cost Estimate/Grant Funding Allocation to States
DOE anticipates providing funds to States in accordance with the
approach described below. Specifically, DOE expects to make two grants
available to States: An assessment and planning grant and an annual
training grant.\2\
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\2\ DOE has recently begun meeting with Indian Tribes to discuss
the funding allocation options for grants to Tribes. The proposed
funding allocation approach described herein applies only to States.
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The assessment and planning grant to each eligible State will
support an initial needs assessment to identify training needs that
might be addressed in future training grants to that State. The amount
of the assessment and planning grant is not expected to exceed
$200,000, adjusted annually for inflation, for each eligible State
based on appropriated funds available for that purpose in a particular
fiscal year. The annual training grant to each eligible State will
support allowable activities as specified in the grant. The annual
training grant for each eligible State will consist of a base amount
not expected to exceed $100,000, adjusted annually for inflation, as
well as a variable amount. The base amount for each grant depends on
Congressional appropriations. DOE selected the amounts of the base
grants based on experience with similar training programs and
discussions with State and emergency response officials about the scope
of work likely for each grant.
The variable amount of the training grant will be determined
through a risk-based formula using the factors of population along
routes, route miles,
[[Page 40142]]
number of shipments, and shipping sites. The population figure,
calculated from U.S. Census Bureau data, acts as a surrogate for either
the number of responders requiring training or the number of
jurisdictions requiring training. Total route miles (for all shipping
modes) acts as a surrogate for the accident risk. The number of
shipments addresses the additional burden placed on States that are
heavily impacted by shipments. Finally, the number of shipping sites
will factor in the additional training burden placed on States that
must prepare for point-of-origin inspections of both the package and
the vehicle. Shipping sites will include commercial nuclear power
plants, DOE sites, and any other entity shipping spent nuclear fuel or
high-level radioactive waste to an NWPA-authorized facility.
The amount of the annual training grants will be based on the
appropriated funds available for that purpose in a particular fiscal
year. Available funds will be first used to fund the base portion of
the grant, which would be the same for each eligible State. Remaining
available funds will be used to fund the variable portion of the grant
for each eligible State on the basis of the following five-step
formula.
The steps are as follows:
Step 1: Collect raw data with respect to the factors of population
along routes, route miles, number of shipments, and shipping sites for
each State.
Step 2: Divide the raw State data for each factor by the national
total for each factor. The result is each State's percentage of the
national total for each factor.
Step 3: Multiply each State's percentage of each factor by the
correspondent weighting for each factor as specified below; the result
would be summed to reach a total for each State, as follows:
0.3 x Percentage of Population Along Route Corridors
+ 0.3 x Percentage of Route Miles
+ 0.3 x Percentage of Number of Shipments
+ 0.1 x Percentage of Shipping Sites
= Total for Each State
Step 4: Sum the total for each State to obtain a national total.
Step 5: Divide each State's total by the national total to reach
each State's percentage of available funds for the year.
DOE will work with applicants to ensure consistent sources are used
to estimate the raw data for each factor of the formula. All factors
are specific to the shipping year. The specific sources DOE will use
for the raw data are as follows:
The population factor will be calculated using the
population within 2,500 meters of the route as calculated by the
Transportation Routing Analysis Geographic Information System (TRAGIS),
DOE's routing model. TRAGIS uses U.S. Census Bureau data as its source
for population.
For route miles, DOE will calculate the national total
using TRAGIS to estimate the route miles for each year's projected
shipments.
The number of shipments annually through a State will be
estimated based on DOE's projected shipments for each year.
The number of shipping sites will be based on the number
of defense and civilian sites originating a shipment within the State
for the year for which an applicant is applying for funding.
Eligibility and Timing of the Grants Program
DOE will provide grants and technical assistance to those States
and Tribes through whose jurisdictions the Secretary of Energy plans to
transport spent nuclear fuel and high-level radioactive waste to an
NWPA-authorized facility. Where a route constitutes a border between
two States, a State and a Tribal reservation, or two Tribal
reservations, every jurisdiction with emergency response responsibility
and inspection authority over the route will be eligible for Section
180(c) assistance. If a State or Tribe will not have shipments but has
cross-deputization or mutual aid agreements with a jurisdiction that
will have shipments, the non-shipment jurisdiction may work with DOE to
receive funding.
DOE will send a letter to the Governor or Tribal leader's office
notifying them of their State or Tribe's eligibility to apply for
Section 180(c) grants approximately five years before shipments are
scheduled through that State or Tribe's jurisdiction. Each State or
Tribe shall designate which agency or staff member of the State or
Tribe will administer its Section 180(c) grants. Subsequently, DOE will
communicate with the State or Tribe's designated agency or staff person
regarding Section 180(c) grants.
Subject to the availability of appropriated funds, DOE expects to
begin making assessment and planning grants available to a State or
Tribe approximately four years prior to the first shipment to an NWPA-
authorized facility through that State or Tribe's jurisdiction.
DOE intends to issue training grants in each of the three years
prior to a scheduled shipment through a State or Tribe's jurisdiction
and every year that shipments are scheduled.
Allowable Activities
DOE intends to allow a broad array of eligible planning and
training activities, thus providing the recipients flexibility to
direct funds toward their individual needs. DOE will require applicants
to describe and justify the need for proposed activities, training, and
purchases in the application package for review and approval by DOE.
Under Section 180(c) of the NWPA, DOE shall provide technical and
financial assistance to States and Indian Tribes through whose
jurisdictions the DOE plans to transport spent nuclear fuel or high-
level radioactive waste to an NWPA-authorized facility. States and
Tribes should describe in their grant applications how the grants will
be used to provide training to local public safety officials. States
and Tribes are expected to coordinate with local public safety
officials during the assessment and planning phase and in developing
their applications for the annual training grants. DOE recognizes that,
depending on the State or Tribe, the role of local public safety
officials in responding to incidents involving radioactive materials
varies from a minimal role of crowd and traffic control to the primary
role of incident command. Therefore, the benefit to local public safety
officials should be consistent with established State, Tribal, and
local roles in dealing with routine transportation and in responding to
an incident involving NWPA shipments.
Potential activities for the Assessment and Planning Grant include:
Assessment of the jurisdiction's needs for training on
procedures related to safe routine transportation and emergency
response situations.
Development of mutual aid agreements among neighboring
jurisdictions and with Federal agencies.
Planning for how to provide needed training for public
safety officials.
Participation in DOE, regional, and national
transportation planning meetings.
Intra- and interstate and Tribal planning and
coordination.
Support for exercises to test plans and training.
Review of DOE transportation, emergency management,
communications, and security plans, including threat assessments and
civil disobedience/law enforcement planning.
Obtaining access to DOE data and systems, such as the
Transportation Tracking and Communications system
[[Page 40143]]
(TRANSCOM) for information and shipment tracking.
Evaluation and identification of alternative routes for
DOE non-classified radioactive materials shipments according to 49 CFR
397, Transportation of Hazardous Materials' Driving and Parking Rules
(referred to as HM-164).
Risk assessments.
Participation in DOE's Transportation Emergency
Preparedness Program (TEPP).\3\
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\3\ DOE's TEPP integrates transportation emergency preparedness
activities for DOE non-classified shipments of radioactive materials
to address the emergency response concerns of State, Tribal, and
local officials affected by such shipments. TEPP is implemented on a
regional basis, with a TEPP Coordinator for each region. TEPP
ensures responders have access to the model plans and procedures,
training, and technical assistance necessary to respond safely,
efficiently, and effectively to transportation incidents.
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Coordination with DOE's Radiological Assistance Program
(RAP) training, exercises, and planning activities.\4\
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\4\ DOE's RAP is a team of DOE and DOE contractor personnel
specifically trained to perform radiological emergency response
activities. The RAP teams may deploy at the request of DOE sites;
other Federal agencies; State, Tribal or local governments; or from
any private organization or individual. Teams are located at eight
sites around the Nation.
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Planning activities using Transportation Routing Analysis
Geographic Information System (TRAGIS) or other DOE route or risk
assessment models.
Participation in carrier evaluation programs that may be
implemented through other agencies or organizations.
Staff costs related to planning and needs assessments.
The Training Grant has two categories of allowable activities:
Activities related to safe routine transportation and activities
related to emergency response.
Activities for the safe routine transportation aspects of the
Training Grant may include:
Continuation of the activities initiated under the
Assessment and Planning Grant, such as coordination with agencies
within the State or Tribe, assessment of training needs, and assessment
of technical assistance needs.
Training and staff costs associated with the Department of
Transportation's State Rail Safety Participation Program. The Federal
Railroad Administration will provide informal outreach and training
opportunities to Tribal nations, since there is no statutory authority
for participation by Indian Tribes in the State Safety Participation
Program as outlined in 49 CFR 212.
Training for public safety officials in safety and
enforcement inspections of highway shipments (drivers, vehicles, and
shipping containers).
Training related to accident prevention (e.g., for safe
parking, bad weather, and road conditions).
Training for appropriate local, State, and Tribal
officials on the proper handling of information and documents,
including secure and confidential shipments.
Training for radiological inspections, both rail and
truck.
Training on a satellite tracking system.
Equipment purchases, calibration, and maintenance for
training purposes.\5\
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\5\ Grant funds can be used to purchase equipment for training
purposes. They can also be used to calibrate and maintain equipment
as long as the equipment is training-related and specific to the
needs created by the NWPA shipments.
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Staff costs related to training.
Activities for the emergency response aspects of the Training Grant
may include:
Continuation of planning activities begun under the
Assessment and Planning Grant.
Training in implementation of mutual aid agreements among
neighboring jurisdictions and agreements with Federal agencies.
Training for public safety officials in hazardous
materials emergency response procedures. When necessary or appropriate,
training should be consistent with OSHA awareness or operations levels,
as those terms are defined in 29 CFR 1910.120, and the jurisdiction's
emergency response plans.
Participation in DOE's TEPP.
Equipment purchases, calibration, and maintenance for
training purposes.
Training for emergency medical personnel, including
hospital emergency medical personnel.
Designing, conducting, and evaluating drills and
exercises, including the implementation of mutual aid agreements and
emergency response plans and procedures.
Staff costs related to training.
IV. Merit Review Criteria
States and Tribes will have flexibility to decide for which
allowable activities to request Section 180(c) assistance to meet their
unique needs within the limits of the NWPA and DOE and other Federal
financial assistance regulations and restrictions. Grant applications
will be reviewed in accordance with 10 CFR 600.13, Merit Review.
The merit review process consists of a board of technically
qualified reviewers who evaluate each grant application on pre-
established criteria. The merit review board advises the DOE's
selection officials as to the merits of each proposed activity and the
overall quality of the application. The DOE's selection officials will
make final funding determinations and notify successful applicants of
their award in accordance with standard grant procedures.
The proposed criteria, which the merit review board will use for
its review, are described below in Table 1, Assessment and Planning
Grant and Table 2, Training Grant. The applicant's narrative should
address each of these criteria in accordance with the instructions
provided.
Table 1.--Assessment and Planning Grant
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Criteria Instructions
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Conduct a needs assessment In the grant application narrative, make
and develop a training plan sure the scope of the assessment and
to prepare for NWPA plan development is clear and thorough:
shipments through the a. Describe how the State or Tribe will
applicant's jurisdiction. assess needs, including how the State or
Tribe will determine what additional
planning, training, equipment, and
exercises may be needed.
b. Describe the technical assistance that
will be requested from DOE or other
Federal agencies in order to conduct the
needs assessment.
c. Describe the cost and timeframe of
each proposed assessment and planning
activity.
d. Describe what planning will occur
within the State or Tribe and with local
jurisdictions.
e. Identify all mutual aid agencies that
will be contacted to complete the needs
assessment and training plan.
f. Describe how the proposed grant
funding does not supplant or duplicate
existing funding from Federal or State
sources.
[[Page 40144]]
Prepare public safety The narrative should completely and
officials of appropriate accurately describe:
units of local government. a. How local public safety officials were
involved in developing the grant
application.
b. How local public safety officials will
be involved in the needs assessment
consistent with their role in
radioactive/hazardous materials
transportation as defined by the State.
Prepare sufficiently to The narrative should accurately and
reassure the public of completely describe:
adequate preparedness. a. How the applicant will assess what is
needed to respond to inquiries from the
public and the media.
b. What activities and measures, if any,
are needed to reassure the public of
adequate preparedness.
Train for the increment of The narrative should accurately and
need specific to NWPA completely describe:
shipments. a. What the applicant is already doing to
prepare for radioactive materials
shipments.
b. How each proposed needs assessment
activity is specific to the NWPA
shipments.
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Table 2.--Training Grant
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Criteria Instructions
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Conduct training on The narrative should accurately and
procedures for safe routine completely describe:
transportation to help a. How many public safety officials will
prevent accidents and be trained and what training they will
respond in a timely and receive, based on the needs assessment
appropriate fashion to conducted under the Assessment and
incidents involving NWPA Planning Grant.
shipments. b. List the equipment the applicant
proposes to purchase, describe why this
equipment is necessary for training for
these shipments, and how it is
consistent with the training level to
which the responders will be trained.
c. How the proposed grant funding does
not supplant or duplicate existing
funding from Federal or State sources.
d. How the actions listed in this section
help the applicant increase its
capability to prevent accidents and
respond appropriately to accidents.
e. The technical assistance that will be
requested from DOE, either from OCRWM,
RAP teams, TEPP coordinators, or other
Federal agencies.
f. How the training and technical
assistance will be integrated with
assistance received from other Federal
Government sources.
Help prepare public safety The narrative should accurately and
officials of appropriate completely describe:
units of local government. a. How local public safety officials will
benefit from the proposed activities.
b. Whether those local public safety
officials support the activities
proposed in this application and how
their level of support is determined.
Prepare sufficiently to The narrative should accurately and
reassure the public of completely describe:
adequate preparedness.
a. How the applicant will train to
respond to inquiries from the public and
the media.
b. What activities and measures, if any,
will be taken to reassure the public of
adequate preparedness.
Train in the increment of The narrative should accurately and
need specific to NWPA completely describe:
shipments. a. How each proposed activity is specific
to the NWPA shipments.
b. How the training will be integrated
with assistance received from other DOE
programs or Federal agencies for
radioactive materials transportation
preparedness.
Assess level of preparedness The narrative should accurately and
after training, exercises, completely describe:
and technical assistance. a. How the applicant will assess their
level of preparedness after conducting
the proposed activities. The proposed
assessment should measure readiness
against the objectives described in the
applicant's project narrative.
b. How the applicant will assess how well
it utilized the technical assistance
requested.
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V. Request for Comments
DOE requests that interested parties comment on this notice of
revised proposed policy, including the specific questions identified
below:
Question 1
(a) Would $200,000 be an appropriate amount for the assessment and
planning grant to conduct an initial needs assessment?
(b) Should the amount be the same for each eligible State and
Tribe?
(c) Would there be a need to update the initial needs assessment
and, if so, at what intervals and should funding be made available for
this purpose and in what amount?
Question 2
(a) Would $100,000 be an appropriate amount for the annual training
grant?
(b) Recognizing that, after commencement of shipments through an
eligible State or Tribe, training to maintain capability may become
less costly with increased expertise and efficiency, should the base
amount of subsequent annual training grants be adjusted downward to
reflect the number of years that annual training grants have been
received?
(c) What should be the allocation of available appropriated funds
for a fiscal year between the base amount and the variable amount of
the annual training grants?
(d) Should the entire training grant be variable based on the
funding allocation formula described herein?
Question 3
(a) Should the amount of funding be adjusted where a route forms a
border between two States, a State and a Tribal reservation, or two
Tribal reservations?
(b) Should States or Tribes with mutual aid responsibilities along
a route outside their borders be eligible for
[[Page 40145]]
180(c) grants on the basis of the mutual aid agreement?
(c) If so, how should the amount of funding be calculated, and
should the calculation take into account whether or not the State or
Tribe would otherwise be eligible for a grant?
(d) Should the State or Tribe that received notification of
eligibility from DOE indicate in their grant application that a
neighboring State or Tribe has a mutual aid agreement along a
particular route, whereupon DOE would then notify the neighboring State
or Tribe of its eligibility?
Question 4
(a) Do assessment and planning grants need to be undertaken four
years prior to an initial scheduled shipment through a State or Tribe's
jurisdiction?
(b) Do training grants need to commence three years prior to a
scheduled shipment through a State or Tribe's jurisdiction?
(c) Do training grants need to be provided every year that
shipments are scheduled?
Question 5
(a) Should the Section 180(c) grants be adjusted to account for
fees levied by States or Tribes on the transportation of spent nuclear
fuel or high-level radioactive waste through their jurisdiction?
(b) How should DOE determine if a fee covers all or part of the
cost of activities allowed under Section 180(c) grants?
(c) Is the language in this policy, requiring States and Tribes to
explain in their grant application how the fees and Section 180(c)
grant awards are separate and distinct, sufficient to prevent DOE from
paying twice for the same activity?
Question 6
(a) How should Section 180(c) grants be adjusted to reflect other
funding or technical assistance from DOE or other Federal agencies for
training for safe routine transportation and emergency response
procedures?
(b) In particular, how should DOE account for TEPP and other
similar programs that provide funding and/or technical assistance
related to transportation of radioactive materials?
(c) To what extent is Section 180(c) funding necessary where
funding and/or technical assistance are being or have been provided for
other DOE shipping campaigns such as to DOE's Waste Isolation Pilot
Plant?
Issued in Washington, DC, on July 18, 2007.
Edward F. Sproat III,
Director, Office of Civilian Radioactive Waste Management.
[FR Doc. E7-14181 Filed 7-20-07; 8:45 am]
BILLING CODE 6450-01-P