Office of Civilian Radioactive Waste Management: Safe Routine Transportation and Emergency Response Training; Technical Assistance and Funding, 64933-64939 [E8-26018]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64933-64939]
From the Federal Register Online via the Government Printing 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 https://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 https://
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 https://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
------------------------------------------------------------------------
                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.
------------------------------------------------------------------------

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

[[Page 64939]]

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