[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64933-64939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26018]
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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 (NWPA), as
amended. This notice updates the revised proposed policy that DOE
published on July 23, 2007 (72 FR 40139) by providing the funding
allocation approach for grants to federally recognized Tribes which may
be eligible for assistance under Section 180(c) and also includes minor
changes for clarification to the policy as it applies to both States
and Tribes. Under Section 180(c) of the NWPA, DOE shall provide
technical and financial assistance for training of local public safety
officials to States and Tribes through whose jurisdictions the DOE
plans to transport spent nuclear fuel or high-level 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 information to stakeholders about 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 January 31, 2009.
ADDRESSES: Written comments should be directed to Mr. Frank Moussa,
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: Mr. Frank Moussa, 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 a 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 Tribes through
whose jurisdiction the Secretary plans to transport spent nuclear fuel
or high-level radioactive waste to a 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.
Subject to the availability of appropriated funds, DOE plans to
conduct a pilot program for 180(c) grants. DOE will evaluate public
comments received on the July 23, 2007, notice of revised proposed
policy (the 2007 notice) and this notice prior to implementing the
pilot program. After reviewing the comments received on the notices of
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.
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 a NWPA-authorized facility. 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 DOE's 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
[[Page 64934]]
23753). DOE published the 2007 Notice (72 FR 40139) 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 the
2007 notice. In the 2007 notice, DOE stated that it had recently begun
meeting with Tribes to discuss the funding allocation options for
grants to Tribes and that the proposed funding allocation approach
described therein would apply only to States. This notice of revised
proposed policy provides the approach by which DOE intends to allocate
funds to Tribes based on input received in those discussions.
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. Summary of Changes From the July 23, 2007, Notice of Revised
Proposed Policy
This notice of revised proposed policy updates the 2007 notice by
providing the approach by which DOE intends to allocate funds to
federally recognized Tribes which may be eligible for assistance under
Section 180(c). The section on Basis for Cost Estimate/Grant Funding
Allocation to States was edited to accommodate the addition of the
allocation method for the Tribes.
There are also some additional differences between this notice and
the 2007 notice. In the section on Purpose and Need for Agency Action,
the details regarding the anticipated timing of initial shipments to
the repository and timing of the the pilot program for 180(c) grants
have been removed in acknowledgement of schedule uncertainties
resulting from funding shortfalls for OCRWM. In addition, some
substantive changes to the policy as it applies to both States and
Tribes have been made, including replacing the term ``emergency
response'' with ``emergency management'' as appropriate, given that the
policy allows for a broader variety of activities to be covered by
Section 180(c) assistance, such as planning, training, exercises and
related activities. In the second sentence of the fourth paragraph of
the Policy Statement section, the language was changed to clarify that
assistance provided by DOE under Section 180(c) will ``help State,
Tribal, and local officials prepare for OCRWM shipments'' rather than
``ensure that State, Tribal, and local officials are prepared for OCRWM
shipments,'' in order to clarify the proper role of such assistance. In
the second sentence of the first paragraph of the section on
Eligibility and Timing of the Grants Program, the description of
eligibility where a route constitutes a border between two
jurisdictions was revised to eliminate use of the term
``reservations,'' in consideration of Tribes that have emergency
management responsibility for Tribal lands that do not comprise
reservation lands. In the Request for Comments section, some additional
questions have been added to those that were included in the 2007
notice. Finally, a number of typographical and editorial corrections
were made in the document.
IV. Policy
Policy Statement
Section 180(c) of the NWPA states:
The Secretary [of Energy] shall provide technical assistance and
funds to States for training for public safety officials of
appropriate units of local government and 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 a 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 a 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
a 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 help State, Tribal, and local officials prepare 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 a 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 a 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
[[Page 64935]]
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 and Tribes
DOE anticipates providing funds to States and Tribes in accordance
with the approach described below. Specifically, DOE expects to make
two grants available: An assessment and planning grant and an annual
training grant.
The assessment and planning grant to each eligible State and Tribe
will support a needs assessment to identify training needs that might
be addressed in future training grants to that State or Tribe. The
amount of the assessment and planning grant is not expected to exceed
$200,000, adjusted annually for inflation, for each eligible State and
Tribe based on appropriated funds available for that purpose in a
particular fiscal year. The annual training grant to each eligible
State and Tribe will support allowable activities as specified in the
grant. The annual training grant for each eligible State and Tribe 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, Tribal, and emergency
response officials about the scope of work likely for each grant.
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. Each eligible State will receive the same base amount as
every other eligible State; each eligible Tribe will receive the same
base amount as every other eligible Tribe. Remaining available funds
will be used to fund the variable portion of the grant for each
eligible State and each eligible Tribe on the basis of the allocation
methods described below.
Allocation Method for Variable Portion of States' Annual Training
Grants
The variable portion of the training grant for States will be
determined through a risk-based formula using the factors of population
along routes, route miles, 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) act 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 a NWPA-authorized facility.
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.
Allocation Method for Variable Portion of Tribes' Annual Training
Grants
The variable portion of the Training Grant for Tribes will be
determined on the basis of the results from each Tribe's needs
assessment conducted under the assessment and planning grant, as
described below.
The steps are as follows:
Step 1: DOE will notify Tribes along the planned shipment routes of
their eligibility.
Step 2: Each Tribe will have 90 days from the date of notification
to complete its assessment and planning grant application. This
application will require the Tribe to describe how it intends to
conduct its needs assessment once it receives the funding. If
requested, DOE will provide technical assistance to Tribal officials to
complete the application. DOE has Transportation Emergency Preparedness
Program coordinators and Tribal Points of Contact in each DOE region of
the country that could help Tribal officials design their needs
assessment and complete their grant proposal. In addition, OCRWM
officials will be available to provide assistance and advice.
Step 3: The Tribe will submit its application for the assessment
and planning grant.
Step 4: DOE will evaluate the application and award the grant based
on the merits of the application.
Step 5: The Tribe will receive its assessment and planning grant
award and initiate its needs assessment. DOE personnel will be
available to provide
[[Page 64936]]
technical assistance, if requested, during the needs assessment phase.
Step 6: The Tribe will complete its needs assessment, the results
of which will form the basis for the Tribe's request for the variable
portion of the training grant.
Step 7: The Tribe will submit its application for the training
grant.
Step 8: DOE will evaluate the training grant application and award
a grant based on the merits of the application.
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 a
NWPA-authorized facility. Where a route constitutes a border between
two such jurisdictions, every jurisdiction with emergency management
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 a 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 Tribes through whose jurisdictions
DOE plans to transport spent nuclear fuel or high-level radioactive
waste to a 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
management 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 (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).\1\
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\1\ 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.\2\
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\2\ 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 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 management.
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.\3\
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\3\ The Federal Railroad Administration will provide informal
outreach and training opportunities to Tribes, since there is no
statutory authority for participation by Tribes in the State Safety
Participation Program as outlined in 49 CFR 212.
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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.
[[Page 64937]]
Training on a satellite tracking system.
Equipment purchases, calibration, and maintenance for
training purposes.\4\
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\4\ 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 management 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.
V. 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 DOE's selection
officials as to the merits of each proposed activity and the overall
quality of the application. 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 and develop In the grant application
a training plan to prepare for NWPA narrative, make sure the scope
shipments through the applicant's of the assessment and plan
jurisdiction. development is clear and
thorough:
a. Describe how the State or
Tribe will 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.
Prepare public safety officials of The narrative should completely
appropriate units of local government. and accurately describe:
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 or Tribe.
Prepare sufficiently to reassure the The narrative should accurately
public of adequate preparedness. and completely describe:
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 need The narrative should accurately
specific to NWPA shipments. and completely describe:
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 procedures for safe The narrative should accurately
routine transportation to help prevent and completely describe:
accidents and respond in a timely and a. How many public safety
appropriate fashion to incidents officials will be trained and
involving NWPA shipments. what training they will
receive, based on the needs
assessment conducted under the
Assessment and Planning Grant.
[[Page 64938]]
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 officials of The narrative should accurately
appropriate units of local government. and completely describe:
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 reassure the The narrative should accurately
public of adequate preparedness. and completely describe:
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 need specific The narrative should accurately
to NWPA shipments. and completely describe:
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 after The narrative should accurately
training, exercises, and technical and completely describe:
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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VI. Request for Comments
Questions 3 through 8 below are repeated from the 2007 notice. If
you provided comments on any of these questions in response to the 2007
notice, there is no need to repeat those comments in response to this
notice. DOE is considering the comments received in response to the
2007 notice.
DOE requests that interested parties comment on this notice,
including the specific questions identified below:
Question 1
(a) Should a certain percentage of the funding received from
Congress for the entire Section 180(c) program be set aside for Tribal
applicants? This would ensure a set percentage of the total funds would
be available for Tribal applicants.
(b) In the alternative, should State and Tribal applicants' funding
come from a single allocation of funds? This would make the percentage
of funds that Tribes receive from the total Section 180(c) funding
variable from year to year.
Question 2
(a) Should the formula described in the revised proposed policy for
allocating the variable portion of States' training grants be clarified
to prohibit the counting of mileage along a route through Tribal
jurisdictions in the calculation of route miles unless the state
retains emergency response authority along that stretch of route?
Question 3
(a) Would $200,000 be an appropriate amount for the assessment and
planning grant to conduct a needs assessment?
(b) Should the amount be the same for each eligible State and
Tribe?
(c) Would there be a need to update the needs assessment and, if
so, at what intervals and should funding be made available for this
purpose and in what amount?
Question 4
(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 methods described herein?
Question 5
(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 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
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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 6
(a) Do assessment and planning grants need to be provided 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 7
(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 8
(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 October 28, 2008.
Edward F. Sproat III,
Director, Office of Civilian Radioactive Waste Management.
[FR Doc. E8-26018 Filed 10-30-08; 8:45 am]
BILLING CODE 6450-01-P