[Federal Register Volume 72, Number 140 (Monday, July 23, 2007)]
[Notices]
[Pages 40139-40145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14181]


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DEPARTMENT OF ENERGY


Office of Civilian Radioactive Waste Management; Safe Routine 
Transportation and Emergency Response Training; Technical Assistance 
and Funding

AGENCY: Department of Energy.

ACTION: Notice of revised proposed policy and request for comments.

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SUMMARY: The Department of Energy (DOE) is publishing this notice of 
revised proposed policy to set forth its revised plans for implementing 
Section 180(c) of the Nuclear Waste Policy Act of 1982 (the NWPA). 
Under Section 180(c) of the NWPA, DOE shall provide technical and 
financial assistance for training of local public safety officials to 
States and Indian Tribes through whose jurisdictions the DOE plans to 
transport spent nuclear fuel or high-level

[[Page 40140]]

radioactive waste to a facility authorized under Subtitle A or C of the 
NWPA (NWPA-authorized facility). The training is to cover both safe 
routine transportation and emergency response procedures. The purpose 
of this notice is to communicate to stakeholders the revised proposed 
policy of DOE regarding Section 180(c) issues and request comments on 
this revised proposed policy and the questions specified herein. 
Written and electronic comments may be submitted to DOE on this 
document.

DATES: Comments must be received by DOE on or before October 22, 2007.

ADDRESSES: Written comments should be directed to Ms. Corinne Macaluso, 
U.S. Department of Energy, c/o Patricia Temple, Bechtel SAIC Company, 
LLC, 955 N. L'Enfant Plaza, SW., Suite 8000, Washington, DC 20024. The 
revised proposed policy and electronic comment forms are also available 
at http://www.ocrwm.doe.gov. Fill out the form and click ``submit'' to 
send your comments in through the Web site. Persons submitting comments 
should include their name and address. Receipt of written comments in 
response to this notice will be acknowledged if a stamped, self-
addressed postal card or envelope is enclosed. Electronic comments will 
receive an electronic notice of receipt.

FOR FURTHER INFORMATION CONTACT: For further information on the 
transportation of spent nuclear fuel and high-level radioactive waste 
under the NWPA, please contact: Ms. Corinne Macaluso, Office of 
Logistics Management, Office of Civilian Radioactive Waste Management 
(RW-10), U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, DC, 20585, Telephone: 202-586-2837.
    General program information is available on the Office of Civilian 
Radioactive Waste Management (OCRWM) Web site located at 
www.ocrwm.doe.gov.
    Copies of comments received will be posted on the OCRWM Web site. 
Please allow up to two weeks after DOE receives comments to view them 
on the Web site.
    Request for Comments: DOE will consider all comments submitted by 
the closing date. Comments received after that date will be considered 
to the extent practicable. DOE requests that commenters pay particular 
attention to the questions at the end of this revised proposed policy.

SUPPLEMENTARY INFORMATION:

I. Purpose and Need for Agency Action

    Under the NWPA, DOE is responsible for the transportation of spent 
nuclear fuel and high-level radioactive waste to an NWPA-authorized 
facility. In particular, under Section 180(c) of the NWPA, DOE is 
responsible for providing technical and financial assistance for 
training of local public safety officials to States and Indian Tribes 
through whose jurisdiction the Secretary plans to transport spent 
nuclear fuel or high-level radioactive waste to an NWPA-authorized 
facility. Section 180(c) further provides that such training cover 
procedures required for both safe routine transportation of these 
materials and for dealing with emergency response situations. Section 
180(c) identifies the Nuclear Waste Fund as the source of funds for 
this assistance.
    DOE has announced a schedule to begin shipping spent nuclear fuel 
and high-level radioactive waste to an NWPA-authorized facility in 
2017.\1\ Subject to the availability of appropriated funds, DOE plans 
to conduct a pilot program for 180(c) grants beginning in fiscal year 
2008. DOE will evaluate public comments received on this revised 
proposed policy prior to implementing the pilot program. After review 
of the comments received on this revised proposed policy and completion 
of the pilot program, DOE plans to issue a new revised proposed policy 
for public comment and thereafter to issue a final policy prior to 
awarding the first 180(c) grants. The first grants are planned to be 
issued approximately four years prior to the commencement of shipments 
through a State or Tribe's jurisdiction to support assessing the need 
for and planning for training.
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    \1\ The schedule for the proposed Yucca Mountain repository is 
based on factors within the control of DOE, appropriations 
consistent with optimum Project execution, issuance of an Nuclear 
Regulatory Commission (NRC) Construction Authorization consistent 
with the three year period specified in the Nuclear Waste Policy 
Act, and the timely issuance by the NRC of a Receive and Possess 
license. This schedule also is dependent on the timely issuance of 
all necessary other authorizations and permits, the absence of 
litigation related delays, and the enactment of legislation proposed 
by the Administration.
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    The Office of Civilian Radioactive Waste Management, Strategic Plan 
for the Safe Transportation of Spent Nuclear Fuel and High-Level 
Radioactive Waste to Yucca Mountain: A Guide to Stakeholder 
Interactions calls for DOE to work closely with State Regional Groups 
and individual impacted States and Tribes as it makes operational 
decisions regarding shipments to an NWPA-authorized facility. The DOE's 
practice of involving States, Tribes, industry, utilities, and other 
interested parties in transportation planning has contributed to a 
decades-long record of safely transporting such material. This revised 
proposed policy supports the DOE's OCRWM objective to develop and begin 
implementation of a comprehensive national spent fuel transportation 
plan that accommodates State, local, and Tribal concerns and input to 
the greatest extent practicable.

II. Background

    On January 3, 1995, DOE issued a proposed policy on how it would 
implement Section 180(c) of the NWPA (60 FR 99). DOE subsequently 
issued several notices relating to its proposed 180(c) policy in the 
Federal Register on July 18, 1995 (60 FR 36793), May 16, 1996 (61 FR 
24772), July 17, 1997 (62 FR 38272), and April 30, 1998 (63 FR 23753). 
DOE is publishing this Notice of Revised Proposed Policy to set forth 
and communicate to stakeholders the revised policy by which DOE 
currently intends to implement Section 180(c). DOE previously requested 
comments on the 1998 Notice of Revised Proposed Policy and Procedures. 
Those comments were reviewed and considered during the development of 
this revised proposed policy.
    As part of its longstanding commitment to work with stakeholders on 
transportation matters, DOE has engaged in ongoing discussions on how 
to implement Section 180(c). Such discussions have taken place in the 
context of the Transportation External Coordination (TEC) Working 
Group, which is comprised of representatives of State, Tribal, and 
local governments, and professional, technical, and industry 
associations, and which meets biannually to identify and discuss issues 
related to the transport of radioactive materials. In 2004, DOE formed 
a TEC Topic Group specifically to discuss Section 180(c) issues, and 
the Topic Group met at least monthly from June 2004 through November 
2005. In addition, DOE has discussed Section 180(c) issues with the six 
national and regional organizations with which DOE has cooperative 
agreements. These agreements enable DOE to exchange information and 
solicit input regarding the planned transportation activities of OCRWM, 
including Section 180(c) activities. These organizations comprise the 
four State Regional Groups (the Southern States Energy Board, Western 
Interstate Energy Board, Council of State Governments Midwestern 
Office, and Council of State Governments Eastern Regional Conference), 
the Commercial Vehicle Safety Alliance, and the

[[Page 40141]]

National Conference of State Legislatures.
    Through the TEC Section 180(c) Topic Group, discussions with the 
national and regional organizations described above, and other 
stakeholder interactions, DOE received valuable comments and views on 
180(c) issues which have been considered in the development of this 
revised proposed policy. The Topic Group reached significant agreement 
on eligibility requirements and timing of the grants and allowable uses 
of the funding.
    This policy is intended to be consistent with Homeland Security 
Presidential Directives Number 5, ``Management of Domestic Incidents,'' 
issued February 28, 2003, and Number 8, ``National Preparedness,'' 
issued December 17, 2003; the Department of Homeland Security's 
National Preparedness Goal, issued December 2005; the National 
Preparedness Guidance issued April 27, 2005; the National Incident 
Management System, issued March 1, 2004; and the National Response 
Plan, issued December 2004.

III. Policy

Policy Statement

    Section 180(c) of the NWPA states:

    The Secretary [of DOE] shall provide technical assistance and 
funds to States for training for public safety officials of 
appropriate units of local government and Indian tribes through 
whose jurisdiction the Secretary plans to transport spent nuclear 
fuel or high-level radioactive waste under subtitle A or under 
subtitle C. Training shall cover procedures required for safe 
routine transportation of these materials, as well as procedures for 
dealing with emergency response situations.

    This proposed policy addresses the provision of technical and 
financial assistance for training, both for normal transportation 
operations and for potential incidents that may require emergency 
response during shipments of spent nuclear fuel or high-level 
radioactive waste to an NWPA-authorized facility. Technical assistance 
to support 180(c) activities will consist of non-monetary assistance 
that the Secretary of Energy can provide from DOE's specific knowledge, 
expertise, and existing resources to aid training of public safety 
officials on procedures for safe routine transportation and for 
emergency response situations during the transport of spent nuclear 
fuel and high-level radioactive waste to an NWPA-authorized facility. 
Technical assistance includes, but is not limited to, access to DOE's 
regional and Headquarters representatives involved in the planning and 
operation of NWPA transportation or emergency preparedness activities, 
provision of information packets that include materials about the OCRWM 
Program and shipments, and provision of other training materials and 
information. Financial assistance will consist of assessment and 
planning grants and annual training grants. The provision of grants 
will be subject to the criteria described herein, as well as the 
availability of appropriated funds.
    This revised proposed policy is consistent with DOE's longstanding 
commitment to meet or exceed requirements and standards applicable to 
the transport of spent nuclear fuel and high-level radioactive waste; 
to cooperate with States, Tribes, and local governments; and to make 
use of the existing expertise of States, Tribes, and local governments 
to the maximum extent practicable.
    Section 180(c) funds are intended to be used for training specific 
to shipments of spent nuclear fuel and high-level radioactive waste to 
an NWPA-authorized facility. DOE will work with States and Tribes to 
evaluate current preparedness for safe routine transportation and 
emergency response capability and will provide funding as appropriate 
to ensure that State, Tribal, and local officials are prepared for 
OCRWM shipments. Section 180(c) funds and related training are intended 
to supplement but not duplicate existing training for safe routine 
transportation and emergency preparedness. DOE will work with States 
and Tribes to coordinate and integrate Section 180(c) activities with 
existing training programs designed for State, Tribal, and local public 
safety officials. Equipment purchased with Section 180(c) funds is 
intended to be used for training to prepare for the specific hazards 
presented by shipments to an NWPA-authorized facility. If necessary, 
such equipment could then be used for inspections and for responding to 
emergencies. Since State and Tribal governments have primary 
responsibility to protect the public health and safety in their 
jurisdictions, they will have flexibility to decide which allowable 
activities to request Section 180(c) assistance to meet their unique 
needs within the limits of the NWPA and DOE and other Federal financial 
assistance regulations and restrictions.
    Training with Section 180(c) funds should be to the level of detail 
and to the degree necessary to prepare for shipments to an NWPA-
authorized facility. When necessary or appropriate, training should be 
consistent with the Occupational Safety and Health Administration 
(OSHA) awareness or operations levels, as those terms are defined in 29 
CFR 1910.120, and the jurisdiction's emergency response plans. Any 
deficiency in basic emergency response capability may be addressed 
through consultation and technical assistance.

Funding Mechanism

    DOE will implement Section 180(c) by funding direct grants to 
eligible States and Tribes. The grants program will be administered in 
accordance with the DOE Financial Assistance rules (10 CFR part 600), 
which implement applicable Office of Management and Budget circulars, 
and applicable law. The grant application process will require States 
and Tribes to describe and justify their proposed work in the format of 
a five-year project with a more detailed two-year work plan. 
Applications will only be accepted through the Federal government's 
electronic grant application system at www.grants.gov.

Basis for Cost Estimate/Grant Funding Allocation to States

    DOE anticipates providing funds to States in accordance with the 
approach described below. Specifically, DOE expects to make two grants 
available to States: An assessment and planning grant and an annual 
training grant.\2\
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    \2\ DOE has recently begun meeting with Indian Tribes to discuss 
the funding allocation options for grants to Tribes. The proposed 
funding allocation approach described herein applies only to States.
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    The assessment and planning grant to each eligible State will 
support an initial needs assessment to identify training needs that 
might be addressed in future training grants to that State. The amount 
of the assessment and planning grant is not expected to exceed 
$200,000, adjusted annually for inflation, for each eligible State 
based on appropriated funds available for that purpose in a particular 
fiscal year. The annual training grant to each eligible State will 
support allowable activities as specified in the grant. The annual 
training grant for each eligible State will consist of a base amount 
not expected to exceed $100,000, adjusted annually for inflation, as 
well as a variable amount. The base amount for each grant depends on 
Congressional appropriations. DOE selected the amounts of the base 
grants based on experience with similar training programs and 
discussions with State and emergency response officials about the scope 
of work likely for each grant.
    The variable amount of the training grant will be determined 
through a risk-based formula using the factors of population along 
routes, route miles,

[[Page 40142]]

number of shipments, and shipping sites. The population figure, 
calculated from U.S. Census Bureau data, acts as a surrogate for either 
the number of responders requiring training or the number of 
jurisdictions requiring training. Total route miles (for all shipping 
modes) acts as a surrogate for the accident risk. The number of 
shipments addresses the additional burden placed on States that are 
heavily impacted by shipments. Finally, the number of shipping sites 
will factor in the additional training burden placed on States that 
must prepare for point-of-origin inspections of both the package and 
the vehicle. Shipping sites will include commercial nuclear power 
plants, DOE sites, and any other entity shipping spent nuclear fuel or 
high-level radioactive waste to an NWPA-authorized facility.
    The amount of the annual training grants will be based on the 
appropriated funds available for that purpose in a particular fiscal 
year. Available funds will be first used to fund the base portion of 
the grant, which would be the same for each eligible State. Remaining 
available funds will be used to fund the variable portion of the grant 
for each eligible State on the basis of the following five-step 
formula.
    The steps are as follows:
    Step 1: Collect raw data with respect to the factors of population 
along routes, route miles, number of shipments, and shipping sites for 
each State.
    Step 2: Divide the raw State data for each factor by the national 
total for each factor. The result is each State's percentage of the 
national total for each factor.
    Step 3: Multiply each State's percentage of each factor by the 
correspondent weighting for each factor as specified below; the result 
would be summed to reach a total for each State, as follows:

0.3 x Percentage of Population Along Route Corridors
    + 0.3 x Percentage of Route Miles
    + 0.3 x Percentage of Number of Shipments
    + 0.1 x Percentage of Shipping Sites
    = Total for Each State

    Step 4: Sum the total for each State to obtain a national total.
    Step 5: Divide each State's total by the national total to reach 
each State's percentage of available funds for the year.
    DOE will work with applicants to ensure consistent sources are used 
to estimate the raw data for each factor of the formula. All factors 
are specific to the shipping year. The specific sources DOE will use 
for the raw data are as follows:
     The population factor will be calculated using the 
population within 2,500 meters of the route as calculated by the 
Transportation Routing Analysis Geographic Information System (TRAGIS), 
DOE's routing model. TRAGIS uses U.S. Census Bureau data as its source 
for population.
     For route miles, DOE will calculate the national total 
using TRAGIS to estimate the route miles for each year's projected 
shipments.
     The number of shipments annually through a State will be 
estimated based on DOE's projected shipments for each year.
     The number of shipping sites will be based on the number 
of defense and civilian sites originating a shipment within the State 
for the year for which an applicant is applying for funding.

Eligibility and Timing of the Grants Program

    DOE will provide grants and technical assistance to those States 
and Tribes through whose jurisdictions the Secretary of Energy plans to 
transport spent nuclear fuel and high-level radioactive waste to an 
NWPA-authorized facility. Where a route constitutes a border between 
two States, a State and a Tribal reservation, or two Tribal 
reservations, every jurisdiction with emergency response responsibility 
and inspection authority over the route will be eligible for Section 
180(c) assistance. If a State or Tribe will not have shipments but has 
cross-deputization or mutual aid agreements with a jurisdiction that 
will have shipments, the non-shipment jurisdiction may work with DOE to 
receive funding.
    DOE will send a letter to the Governor or Tribal leader's office 
notifying them of their State or Tribe's eligibility to apply for 
Section 180(c) grants approximately five years before shipments are 
scheduled through that State or Tribe's jurisdiction. Each State or 
Tribe shall designate which agency or staff member of the State or 
Tribe will administer its Section 180(c) grants. Subsequently, DOE will 
communicate with the State or Tribe's designated agency or staff person 
regarding Section 180(c) grants.
    Subject to the availability of appropriated funds, DOE expects to 
begin making assessment and planning grants available to a State or 
Tribe approximately four years prior to the first shipment to an NWPA-
authorized facility through that State or Tribe's jurisdiction.
    DOE intends to issue training grants in each of the three years 
prior to a scheduled shipment through a State or Tribe's jurisdiction 
and every year that shipments are scheduled.

Allowable Activities

    DOE intends to allow a broad array of eligible planning and 
training activities, thus providing the recipients flexibility to 
direct funds toward their individual needs. DOE will require applicants 
to describe and justify the need for proposed activities, training, and 
purchases in the application package for review and approval by DOE.
    Under Section 180(c) of the NWPA, DOE shall provide technical and 
financial assistance to States and Indian Tribes through whose 
jurisdictions the DOE plans to transport spent nuclear fuel or high-
level radioactive waste to an NWPA-authorized facility. States and 
Tribes should describe in their grant applications how the grants will 
be used to provide training to local public safety officials. States 
and Tribes are expected to coordinate with local public safety 
officials during the assessment and planning phase and in developing 
their applications for the annual training grants. DOE recognizes that, 
depending on the State or Tribe, the role of local public safety 
officials in responding to incidents involving radioactive materials 
varies from a minimal role of crowd and traffic control to the primary 
role of incident command. Therefore, the benefit to local public safety 
officials should be consistent with established State, Tribal, and 
local roles in dealing with routine transportation and in responding to 
an incident involving NWPA shipments.
    Potential activities for the Assessment and Planning Grant include:
     Assessment of the jurisdiction's needs for training on 
procedures related to safe routine transportation and emergency 
response situations.
     Development of mutual aid agreements among neighboring 
jurisdictions and with Federal agencies.
     Planning for how to provide needed training for public 
safety officials.
     Participation in DOE, regional, and national 
transportation planning meetings.
     Intra- and interstate and Tribal planning and 
coordination.
     Support for exercises to test plans and training.
     Review of DOE transportation, emergency management, 
communications, and security plans, including threat assessments and 
civil disobedience/law enforcement planning.
     Obtaining access to DOE data and systems, such as the 
Transportation Tracking and Communications system

[[Page 40143]]

(TRANSCOM) for information and shipment tracking.
     Evaluation and identification of alternative routes for 
DOE non-classified radioactive materials shipments according to 49 CFR 
397, Transportation of Hazardous Materials' Driving and Parking Rules 
(referred to as HM-164).
     Risk assessments.
     Participation in DOE's Transportation Emergency 
Preparedness Program (TEPP).\3\
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    \3\ DOE's TEPP integrates transportation emergency preparedness 
activities for DOE non-classified shipments of radioactive materials 
to address the emergency response concerns of State, Tribal, and 
local officials affected by such shipments. TEPP is implemented on a 
regional basis, with a TEPP Coordinator for each region. TEPP 
ensures responders have access to the model plans and procedures, 
training, and technical assistance necessary to respond safely, 
efficiently, and effectively to transportation incidents.
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     Coordination with DOE's Radiological Assistance Program 
(RAP) training, exercises, and planning activities.\4\
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    \4\ DOE's RAP is a team of DOE and DOE contractor personnel 
specifically trained to perform radiological emergency response 
activities. The RAP teams may deploy at the request of DOE sites; 
other Federal agencies; State, Tribal or local governments; or from 
any private organization or individual. Teams are located at eight 
sites around the Nation.
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     Planning activities using Transportation Routing Analysis 
Geographic Information System (TRAGIS) or other DOE route or risk 
assessment models.
     Participation in carrier evaluation programs that may be 
implemented through other agencies or organizations.
     Staff costs related to planning and needs assessments.
    The Training Grant has two categories of allowable activities: 
Activities related to safe routine transportation and activities 
related to emergency response.
    Activities for the safe routine transportation aspects of the 
Training Grant may include:
     Continuation of the activities initiated under the 
Assessment and Planning Grant, such as coordination with agencies 
within the State or Tribe, assessment of training needs, and assessment 
of technical assistance needs.
     Training and staff costs associated with the Department of 
Transportation's State Rail Safety Participation Program. The Federal 
Railroad Administration will provide informal outreach and training 
opportunities to Tribal nations, since there is no statutory authority 
for participation by Indian Tribes in the State Safety Participation 
Program as outlined in 49 CFR 212.
     Training for public safety officials in safety and 
enforcement inspections of highway shipments (drivers, vehicles, and 
shipping containers).
     Training related to accident prevention (e.g., for safe 
parking, bad weather, and road conditions).
     Training for appropriate local, State, and Tribal 
officials on the proper handling of information and documents, 
including secure and confidential shipments.
     Training for radiological inspections, both rail and 
truck.
     Training on a satellite tracking system.
     Equipment purchases, calibration, and maintenance for 
training purposes.\5\
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    \5\ Grant funds can be used to purchase equipment for training 
purposes. They can also be used to calibrate and maintain equipment 
as long as the equipment is training-related and specific to the 
needs created by the NWPA shipments.
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     Staff costs related to training.
    Activities for the emergency response aspects of the Training Grant 
may include:
     Continuation of planning activities begun under the 
Assessment and Planning Grant.
     Training in implementation of mutual aid agreements among 
neighboring jurisdictions and agreements with Federal agencies.
     Training for public safety officials in hazardous 
materials emergency response procedures. When necessary or appropriate, 
training should be consistent with OSHA awareness or operations levels, 
as those terms are defined in 29 CFR 1910.120, and the jurisdiction's 
emergency response plans.
     Participation in DOE's TEPP.
     Equipment purchases, calibration, and maintenance for 
training purposes.
     Training for emergency medical personnel, including 
hospital emergency medical personnel.
     Designing, conducting, and evaluating drills and 
exercises, including the implementation of mutual aid agreements and 
emergency response plans and procedures.
     Staff costs related to training.

IV. Merit Review Criteria

    States and Tribes will have flexibility to decide for which 
allowable activities to request Section 180(c) assistance to meet their 
unique needs within the limits of the NWPA and DOE and other Federal 
financial assistance regulations and restrictions. Grant applications 
will be reviewed in accordance with 10 CFR 600.13, Merit Review.
    The merit review process consists of a board of technically 
qualified reviewers who evaluate each grant application on pre-
established criteria. The merit review board advises the DOE's 
selection officials as to the merits of each proposed activity and the 
overall quality of the application. The DOE's selection officials will 
make final funding determinations and notify successful applicants of 
their award in accordance with standard grant procedures.
    The proposed criteria, which the merit review board will use for 
its review, are described below in Table 1, Assessment and Planning 
Grant and Table 2, Training Grant. The applicant's narrative should 
address each of these criteria in accordance with the instructions 
provided.

                 Table 1.--Assessment and Planning Grant
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           Criteria                           Instructions
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Conduct a needs assessment     In the grant application narrative, make
 and develop a training plan    sure the scope of the assessment and
 to prepare for NWPA            plan development is clear and thorough:
 shipments through the         a. Describe how the State or Tribe will
 applicant's jurisdiction.      assess needs, including how the State or
                                Tribe will determine what additional
                                planning, training, equipment, and
                                exercises may be needed.
                               b. Describe the technical assistance that
                                will be requested from DOE or other
                                Federal agencies in order to conduct the
                                needs assessment.
                               c. Describe the cost and timeframe of
                                each proposed assessment and planning
                                activity.
                               d. Describe what planning will occur
                                within the State or Tribe and with local
                                jurisdictions.
                               e. Identify all mutual aid agencies that
                                will be contacted to complete the needs
                                assessment and training plan.
                               f. Describe how the proposed grant
                                funding does not supplant or duplicate
                                existing funding from Federal or State
                                sources.

[[Page 40144]]

 
Prepare public safety          The narrative should completely and
 officials of appropriate       accurately describe:
 units of local government.    a. How local public safety officials were
                                involved in developing the grant
                                application.
                               b. How local public safety officials will
                                be involved in the needs assessment
                                consistent with their role in
                                radioactive/hazardous materials
                                transportation as defined by the State.
Prepare sufficiently to        The narrative should accurately and
 reassure the public of         completely describe:
 adequate preparedness.        a. How the applicant will assess what is
                                needed to respond to inquiries from the
                                public and the media.
                               b. What activities and measures, if any,
                                are needed to reassure the public of
                                adequate preparedness.
Train for the increment of     The narrative should accurately and
 need specific to NWPA          completely describe:
 shipments.                    a. What the applicant is already doing to
                                prepare for radioactive materials
                                shipments.
                               b. How each proposed needs assessment
                                activity is specific to the NWPA
                                shipments.
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                        Table 2.--Training Grant
------------------------------------------------------------------------
           Criteria                           Instructions
------------------------------------------------------------------------
Conduct training on            The narrative should accurately and
 procedures for safe routine    completely describe:
 transportation to help        a. How many public safety officials will
 prevent accidents and          be trained and what training they will
 respond in a timely and        receive, based on the needs assessment
 appropriate fashion to         conducted under the Assessment and
 incidents involving NWPA       Planning Grant.
 shipments.                    b. List the equipment the applicant
                                proposes to purchase, describe why this
                                equipment is necessary for training for
                                these shipments, and how it is
                                consistent with the training level to
                                which the responders will be trained.
                               c. How the proposed grant funding does
                                not supplant or duplicate existing
                                funding from Federal or State sources.
                               d. How the actions listed in this section
                                help the applicant increase its
                                capability to prevent accidents and
                                respond appropriately to accidents.
                               e. The technical assistance that will be
                                requested from DOE, either from OCRWM,
                                RAP teams, TEPP coordinators, or other
                                Federal agencies.
                               f. How the training and technical
                                assistance will be integrated with
                                assistance received from other Federal
                                Government sources.
Help prepare public safety     The narrative should accurately and
 officials of appropriate       completely describe:
 units of local government.    a. How local public safety officials will
                                benefit from the proposed activities.
                               b. Whether those local public safety
                                officials support the activities
                                proposed in this application and how
                                their level of support is determined.
Prepare sufficiently to        The narrative should accurately and
 reassure the public of         completely describe:
 adequate preparedness.
                               a. How the applicant will train to
                                respond to inquiries from the public and
                                the media.
                               b. What activities and measures, if any,
                                will be taken to reassure the public of
                                adequate preparedness.
Train in the increment of      The narrative should accurately and
 need specific to NWPA          completely describe:
 shipments.                    a. How each proposed activity is specific
                                to the NWPA shipments.
                               b. How the training will be integrated
                                with assistance received from other DOE
                                programs or Federal agencies for
                                radioactive materials transportation
                                preparedness.
Assess level of preparedness   The narrative should accurately and
 after training, exercises,     completely describe:
 and technical assistance.     a. How the applicant will assess their
                                level of preparedness after conducting
                                the proposed activities. The proposed
                                assessment should measure readiness
                                against the objectives described in the
                                applicant's project narrative.
                               b. How the applicant will assess how well
                                it utilized the technical assistance
                                requested.
------------------------------------------------------------------------

V. Request for Comments

    DOE requests that interested parties comment on this notice of 
revised proposed policy, including the specific questions identified 
below:

Question 1

    (a) Would $200,000 be an appropriate amount for the assessment and 
planning grant to conduct an initial needs assessment?
    (b) Should the amount be the same for each eligible State and 
Tribe?
    (c) Would there be a need to update the initial needs assessment 
and, if so, at what intervals and should funding be made available for 
this purpose and in what amount?

Question 2

    (a) Would $100,000 be an appropriate amount for the annual training 
grant?
    (b) Recognizing that, after commencement of shipments through an 
eligible State or Tribe, training to maintain capability may become 
less costly with increased expertise and efficiency, should the base 
amount of subsequent annual training grants be adjusted downward to 
reflect the number of years that annual training grants have been 
received?
    (c) What should be the allocation of available appropriated funds 
for a fiscal year between the base amount and the variable amount of 
the annual training grants?
    (d) Should the entire training grant be variable based on the 
funding allocation formula described herein?

Question 3

    (a) Should the amount of funding be adjusted where a route forms a 
border between two States, a State and a Tribal reservation, or two 
Tribal reservations?
    (b) Should States or Tribes with mutual aid responsibilities along 
a route outside their borders be eligible for

[[Page 40145]]

180(c) grants on the basis of the mutual aid agreement?
    (c) If so, how should the amount of funding be calculated, and 
should the calculation take into account whether or not the State or 
Tribe would otherwise be eligible for a grant?
    (d) Should the State or Tribe that received notification of 
eligibility from DOE indicate in their grant application that a 
neighboring State or Tribe has a mutual aid agreement along a 
particular route, whereupon DOE would then notify the neighboring State 
or Tribe of its eligibility?

Question 4

    (a) Do assessment and planning grants need to be undertaken four 
years prior to an initial scheduled shipment through a State or Tribe's 
jurisdiction?
    (b) Do training grants need to commence three years prior to a 
scheduled shipment through a State or Tribe's jurisdiction?
    (c) Do training grants need to be provided every year that 
shipments are scheduled?

Question 5

    (a) Should the Section 180(c) grants be adjusted to account for 
fees levied by States or Tribes on the transportation of spent nuclear 
fuel or high-level radioactive waste through their jurisdiction?
    (b) How should DOE determine if a fee covers all or part of the 
cost of activities allowed under Section 180(c) grants?
    (c) Is the language in this policy, requiring States and Tribes to 
explain in their grant application how the fees and Section 180(c) 
grant awards are separate and distinct, sufficient to prevent DOE from 
paying twice for the same activity?

Question 6

    (a) How should Section 180(c) grants be adjusted to reflect other 
funding or technical assistance from DOE or other Federal agencies for 
training for safe routine transportation and emergency response 
procedures?
    (b) In particular, how should DOE account for TEPP and other 
similar programs that provide funding and/or technical assistance 
related to transportation of radioactive materials?
    (c) To what extent is Section 180(c) funding necessary where 
funding and/or technical assistance are being or have been provided for 
other DOE shipping campaigns such as to DOE's Waste Isolation Pilot 
Plant?

    Issued in Washington, DC, on July 18, 2007.
Edward F. Sproat III,
Director, Office of Civilian Radioactive Waste Management.
[FR Doc. E7-14181 Filed 7-20-07; 8:45 am]
BILLING CODE 6450-01-P