[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Pages 43184-43187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18106]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Transport of Laboratory Personnel Potentially Exposed to
Infectious Agents From Fort Detrick, Frederick, MD to the National
Institutes of Health Clinical Research Center, Bethesda, MD; (NIH
Transportation EIS); Record of Decision
ACTION: Notice.
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SUMMARY: The National Institutes of Health (NIH), a part of the U.S.
Department of Health and Human Services (DHHS), has decided, after
completion of a Final NIH Transportation EIS and a thorough
consideration of the public comments on the Draft NIH Transportation
EIS, to implement the Proposed Action, which was identified as the
Preferred Alternative in both the Draft EIS and the FEIS. This action
involves the transport of laboratory personnel suspected of having
potential occupational exposure to infectious agents under study at the
NIBC located at Fort Detrick, Maryland, to the Special Clinical Studies
Unit at the NIH Bethesda, Maryland Campus for observation and, if
necessary, treatment.
FOR FURTHER INFORMATION CONTACT: Valerie Nottingham, Chief of
Environmental Quality Branch, DEP,
[[Page 43185]]
ORF, NIH, Building 13, Room 2S11, 9000 Rockville Pike, Bethesda, MD
20892. Fax (301) 480-8056. [email protected].
SUPPLEMENTARY INFORMATION:
Decision
After careful review of the environmental consequences in the FEIS
for the Transport of Laboratory Personnel Potentially Exposed to
Infectious Agents from Fort Detrick, Maryland to the National
Institutes of Health Clinical Center, Bethesda, Maryland, and
consideration of public comment throughout the NEPA process, the NIH
has decided to implement the Proposed Action, described below as the
Selected Alternative.
Selected Alternative
The Selected Alternative is the Preferred Alternative, identified
in the Draft and Final NIH Transportation EIS as the transport of
laboratory personnel suspected of having occupational exposure to
infectious agents under study at the NIBC, located at Fort Detrick,
Maryland, to the Special Clinical Studies Unit, at the NIH Bethesda,
Maryland Campus.
Background
The National Institute of Allergy and Infectious Diseases (NIAID),
a component of NIH, is the occupant of an Integrated Research Facility
(IRF) at Fort Detrick, Maryland, as part of the National Interagency
Biodefense Campus (NIBC). The IRF and other participating agencies
within the NIBC will contain specially designed laboratories (referred
to as bio-safety level -2, -3, and -4 laboratories) and animal research
facilities for conducting biodefense and emerging infectious disease
research. It is proposed that laboratory personnel suspected of having
potential occupational exposure to infectious agents under study at the
NIBC located at Fort Detrick, Maryland, be transported to the Special
Clinical Studies Unit at the NIH Bethesda, Maryland Campus for
observation and, if necessary, treatment.
The NIH Special Clinical Studies Unit is a state-of-the-art
facility located on the NIH Bethesda, Maryland Campus. The special
design of the Special Clinical Studies Unit allows for optimal
evaluation and treatment of employees with potential occupational
exposure to infectious pathogens. This facility will be fully staffed
with experts in infectious diseases who will be conducting applied
research. This unit could easily be made available to laboratory
personnel potentially exposed to infectious pathogens while conducting
research within biocontainment laboratories located at Fort Detrick.
Evaluation and/or treatment at the Special Clinical Studies Unit would
also allow for consultations from prominent infectious disease
scientists resident at other facilities of the NIH Bethesda, Maryland
Campus.
On June 20, 2008, the NIH published a Notice of Intent (NOI) in the
Federal Register (73 FR 35145) announcing its intent to prepare the NIH
Transportation EIS and start the public scoping period. The scoping
period started with the NOI, and continued through August 4, 2008. The
NOI also invited interested parties to attend two public scoping
meetings which were held on July 8, 2008, at the C. Burr Artz Library,
in Frederick, Maryland, and on July 10, 2008, at the Bethesda-Chevy
Chase Service Center in Bethesda, Maryland. The NIH invited the public
to submit comments during the scoping period by U.S. mail, electronic
mail, and through written and verbal comments submitted at the public
scoping meetings. All comments received during the public scoping
comment period, as well as written and oral comments received at the
two public scoping meetings were considered during the preparation of
the Draft EIS. A summary of the major comments received from the
scoping comment period was included in the Draft EIS.
The Draft NIH Transportation EIS was distributed to interested
parties. A notice of availability for the Draft NIH Transportation EIS
was published in the Federal Register on May 22, 2009 (74 FR 24006).
The formal comment period for the Draft NIH Transportation EIS lasted
for 60 days beginning on May 25, 2009, and ending on July 24, 2009.
During this comment period, public meetings were held in Frederick,
Maryland on June 15, 2009, and Bethesda, Maryland on June 18, 2009. In
addition, Federal agencies, state and local government entities were
provided copies of the Draft NIH Transportation EIS and encouraged to
submit comments via the U.S. mail, e-mail, and in person at two public
meetings. The NIH considered all comments in evaluating the accuracy
and adequacy of the Draft NIH Transportation EIS and to determine
whether its text needed to be corrected, clarified, expanded, or
otherwise revised. The Draft NIH Transportation was then edited and
amended, as appropriate, and a Final EIS prepared. A Comment Resolution
Appendix, showing how comments on the draft were addressed, was added
to the document as Appendix C.
Alternatives Considered
The Final NIH Transportation EIS analyzed two alternatives, the No
Action Alternative and the Proposed Action Alternative; to transport
laboratory personnel potentially exposed to infectious agents from Fort
Detrick, Maryland to the Special Clinical Studies Unit at the NIH
Bethesda, Maryland Campus, for monitoring, evaluation and, if
necessary, treatment. The NIH identified the Preferred Alternative as
the Proposed Action Alternative based on several factors. First, the
special design of the Special Clinical Studies Unit allows for optimal
evaluation and treatment of employees with potential occupational
exposure to infectious pathogens. This facility will be fully staffed
with experts in infectious diseases who will be conducting applied
research. This unit could easily be made available to laboratory
personnel potentially exposed to infectious pathogens while conducting
research from biocontainment laboratories located at Fort Detrick.
Evaluation and/or treatment at the Special Clinical Studies Unit would
also allow for consultations from infectious disease scientists
resident at other facilities of the NIH Bethesda, Maryland Campus.
Second, the NIH has taken great care to analyze the safety and security
aspects of all such activities and has developed procedures and
requirements to assure the safety of employees, visitors, patients, and
the surrounding communities. A Vulnerability Assessment (VA) was also
developed in order to complement the basic EIS process. This VA,
developed on the same premise as a Threat Risk Assessment was developed
in accordance with the requirements stipulated in Federal regulations,
as specified in Title 9, Part 121, Section 11, and guidance provided by
the DHS (FEMA 2007). Based on this VA it was concluded that any risk
during transportation was negligible and would not pose an unacceptable
level of risk. Any transport of patients would be well coordinated with
the NIH, Fort Detrick Directorate of Emergency Services, Frederick
County Police, Montgomery County Police, and the Maryland State Police.
Based on the potentially exposed individual's condition, security
concerns, weather conditions, traffic conditions, and other factors, a
transport plan and route would be developed, notification to the
appropriate security, police, and fire departments made, and a request
for escort services placed with the Maryland State Police.
[[Page 43186]]
The NIH considered varying alternative actions, such as upgrading
the existing clinic at Fort Detrick, constructing a new facility at
Fort Detrick, and the use of existing medical facilities, Frederick
Memorial Hospital (FMH) in Frederick, Maryland area. All of these
alternative actions were determined to be unable to provide the
required level of care for the laboratory personnel who will be working
at NIBC. Committing FMH space and staff for the continued observation
required for such a situation would impact normal operations, have a
negative impact on the quality of medical services FMH could provide on
a regular basis, and not provide the potentially exposed individual
with the best possible care. Most importantly, however, should these
individuals become symptomatic, use of such health care facilities
would not provide the level of care necessary for optimal treatment
unable to assure an acceptable level of protection of the health and
safety of the general public. This possible alternative was, therefore,
determined to be unacceptable and was eliminated from further analysis.
Upgrading the existing facility or constructing a health care
facility within the Fort Detrick Campus was also considered
unreasonable. A treatment health care facility that could provide for
an acceptable level of services and allow for an extended stay of
individuals potentially exposed to infectious agents and medical staff
would require a full time medical and scientific staff. Such a staff
would have to be sufficient to meet all potential needs for
observation, monitoring and medical care. Such a facility and staff
would be inactive most of the time. Such an alternative, moreover,
would remove these key scientific experts from other active projects
and would be disruptive to ongoing research projects.
Factors Involved in the Decision
Resource Impacts
The FEIS describes potential environmental effects of the Selected
Alternative. These potential effects are documented in Chapter 4 of the
Final NIH Transportation EIS. Any adverse environmental effects will be
avoided or mitigated through strict adherence to procedures and
compliance with regulatory and NIH requirements. Potential impacts on
air quality and noise levels are all within government standards
(Federal, state, and local). The NIH does not expect any long-term
negative effects on the environment or on the members of the
communities through which transport may occur.
Summary of Impacts
The following is a summary of potential impacts resulting from the
Selected Alternative that the NIH considered when making its decision.
No adverse cumulative effects were identified during the NEPA process.
Likewise, no unavoidable or adverse impacts from implementation of the
Selected Alternative were found.
Land Use
The Selected Alternative would not be expected to have the
potential to impact existing land use patterns.
Climate
The Selected Alternative would not be expected to have the
potential to impact climate.
Air Quality
The Selected Alternative would not be expected to have the
potential to significantly impact air quality within the effected area.
Water Resources
The Selected Alternative would not be expected to have the
potential to impact water resources within the effected area.
Ecology
The Selected Alternative would not be expected to have the
potential to significantly impact the ecology of the affected area.
Parks and Recreational Facilities
The Selected Alternative would not be expected to have the
potential to impact the parks and recreational facilities of the
effected area.
Socioeconomic Environment
The Selected Alternative would not be expected to have the
potential to impact the socioeconomic environment of the effected area.
Environmental Justice
The Selected Alternative would not be expected to have
disproportionately high or adverse impact on low income or minority
populations of the effected area.
Geology and Soils
The Selected Alternative would not be expected to have the
potential to impact the geology or soils of the effected area.
Historic and Archeological Resources
The Selected Alternative would not be expected to have the
potential to impact the historical or archeological resources of the
effected area.
Noise
The Selected Alternative would not be expected to have the
potential to significantly impact existing noise levels of the effected
area.
Emergency Response
The Selected Alternative would not be expected to have the
potential to impact the delivery of emergency services to the effected
area.
Safety and Security
The NIH has established procedures, which include notification of
first responder units of the effected area and a request for escort
services from the Maryland State Police, prior to any transport of
laboratory personnel suspected of incurring occupational exposure to
infectious agents while conducting research at the NIBC at Fort
Detrick, Maryland to the NIH Bethesda, Maryland Campus. Accordingly,
the Selected Alternative would not be expected to have the potential to
impact the safety and security of the effected area.
Cumulative Impacts
The Selected Alternative, when considered in conjunction with other
known and proposed actions would not be expected to have a significant
cumulative impact on the effected area.
Practicable Means To Avoid or Minimize Potential Environmental Harm
from the Selected Alternative
All practicable means to avoid or minimize adverse environmental
effects from the Selected Action have been identified and incorporated
into the action. The proposed action will be subject to the existing
NIH pollution prevention, waste management, and safety, security, and
emergency response procedures as well as existing environmental permits
where applicable. Best management practices, spill prevention and
control plans and all safety and security measures will be followed
appropriately. All personnel involved in transport would be trained on
pre-planned responses in the event of an accident or mechanical
failure. All Emergency Response Technicians (EMT) or EMT-Paramedics
would be medically certified. No additional mitigation measures have
been identified.
Pollution Prevention
All federal, state, and local requirements to protect the
environment and public health will be met with the Selected
Alternative.
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Monitoring and Enforcement Program
The NIH will develop a monitoring and enforcement program to ensure
that all practicable mitigation measures developed for under the
Selected Alternative are fully implemented.
Conclusion
Based upon review and careful consideration, the NIH has decided to
implement the Selected Alternative.
The decision was based upon review and careful consideration of the
potential impacts identified in the FEIS and public comments received
throughout the NEPA process.
Date: July 19, 2010.
Daniel G. Wheeland,
Director, Office of Research Facilities Development and Operations,
National Institutes of Health.
[FR Doc. 2010-18106 Filed 7-22-10; 8:45 am]
BILLING CODE 4140-01-P