Antonio Bouza

10/16/2006 10:06 AM To: Antonio Bouza/EE/DOE@DOE cc: Brenda Edwards

-Jones/EE/DOE@DOE Subject: Distribution Transformer: Paperwork Reduction Act Submission 0 Federal Record Not a Federal Record

User Filed as : Not Categorized in ERMS

To all Distribution Transformer stakeholders:

The Department of Energy is writing to inform you that the Federal Register published on Friday, October 13, 2006 a Paperwork Reduction Act Submission for Distribution Transformers. Please find the file attached below.

The Department will be updating its website and posting this file on its website early this week: http://www. eere.energy. gov/buildings/appl iance_sta ndards/commercial/d istri bution_tra nsformers. htm I

Best Wishes,

Antonio Bouza Building Technologies Program U.S. Department of Energy 1000 Independence Avenue, SW Washington DC 20585-0121

phone: 202.586.4563 antonio.bouza@ee.doe.gov

71FR60483.pdf Antonio Bouza To: Antonio Bouza/EE/DOE@DOE

10/16/2006 10:06 AM cc: Brenda Edward.s-Jones/EE/DOE@DOE Subject: Distribution Transformer: Paperwork Reduction Act Submission 

# o Federal Record • Not a Federal Record

User Filed as: Not Categorized in ERMS

To all Distribution Transformer stakeholders:

The Department of Energy is writing to inform you that the Federal Register published on Friday, October 13, 2006 a Paperwork Reduction Act Submission for Distribution Transformers. Please find the file attached below.

The Department will be updating its website and posting this file on its website early this week: http://www.eere.energy.gov/buildings/appliance_standards/commercialjdistribution_transformers.html

Best Wishes,

Antonio Bouza Building Technologies Program U.s. Department of Energy 1000 Independence Avenue, SW Washington DC 20585-0121

phone: 202.586.4563 antonio.bouza@ee.doe.gov

71FR60483.pdfFederal Register /Vol. 71, No. 198 /Friday, October 13, 2006 /Notices

DEPARTMENT OF DEFENSE
Defense Logistics Agency
Membership of the Defense Logistics Agency (DLA) Senior Executive Service (SES) Performance Review Board (PRB)

AGENCY : Defense Logistics Agency, Department of Defense.
ACTION : Notice of membership-2006 DLA PRB.

SUMMARY : This notice announces the appointment of members to the Defense Logistics Agency Senior Executive Service (SES) Performance Review Board (PRB). The publication of PRB composition is required by 5 U.S.C. 4314(c)(4). The PRB provides fair and impartial review of Senior Executive Service performance appraisals and makes recommendations to the Director, Defense Logistics Agency, with respect to pay level adjustments and performance awards, and other actions related to management of the SES cadre. DATES: Effective Date: September 26, 2006.

ADDRESSES : Defense Logistics Agency, 8725 John J. Kingman Road, STE 2533, Fort Belvoir, Virginia, 22060-6221.
FOR FURTHER INFORMATION CONTACT: Ms. Laurie Hall, SES Program Manager, Human Resources (J-1), Defense Logistics Agency, Department of Defense, (703) 767-6404.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 4314(c)(4), the following are the names and titles of DLA career executives appointed to
serve as members of the SES PRB. Members will serve a 1-year term, which beings on September 26, 2006. PRB Chair: Major General Loren M. Reno, USAF. Members: Mr. Jeffrey Neal, Director, Human Resources, Ms. Mae De Vincentis, Director, Information Operations/CFO, Mr. Richard Connelly, Director, Defense Energy Support Center.

Robert T. Dail, Lieutenant General, USA, Director, Defense Logistics Agency.
[FR Doc. 06-8661 Filed 10-12-06; 8:45 am]

BILLING CODE 3620-01-M

DEPARTMENT OF ENERGY
Agency Information Collection Request

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION : Submission for Office of Management and Budget (OMB) review; comment request.

SUMMARY : The Department of Energy (DOE) has submitted the proposed collection of information described in this notice to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). The proposed collection of information is in a final rule pertaining to test procedures for distribution transformers, which DOE published at 71 FR 24971 (April 27, 2006). DOE received no comments in response to an earlier notice inviting public comment on this proposed collection (71 FR 24844, April 27, 2006). DATES : Comments regarding this collection must be received on or before November 13, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202-395-4650. ADDRESSES : Comments should be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: OMB Desk Officer for DOE, Room 10202, New Executive Office Building, 725 17th Street, NW., Washington, DC 20503. A copy of the comments should also be sent to: Antonio Bouza, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, EE-2J, 1000 Independence Ave., SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Antonio Bouza at the address listed above in ADDRESSES. SUPPLEMENTARY INFORMATION: The following proposed collection of information has been sent to OMB for clearance: (1) OMB No.: Pending Approval. (2) Package Title: Test Procedures for Distribution Transformers. (3) Type of Review: New collection. (4) Purpose: This information collection is necessary for assessing the efficiency of DOE distribution transformers. (5) Respondents: 57. (6) Type of Respondents: Manufacturers of lowvoltage dry-type distribution transformers. (7) Frequency of Response: Recordkeeping: Maintenance of (1) data and (2) calibration procedures and actions. (8) Estimated Number of Burden Hours: 5,472. Abstract: On April 60483

27, 2006, DOE published a final rule that established test procedures for measuring the energy efficiency of distribution transformers (71 FR 24971). When energy conservation standards go into effect for low-voltage dry-type distribution transformers on January 1, 2007, the rule will become applicable to manufacturers of these transformers. The rule would require the manufacturers to meet the following recordkeeping requirements: (1) Have records as to alternative efficiency determination methods available for DOE inspection; (2) maintain calibration records; and (3) document calibration procedures. A Paperwork Reduction Act Submission has been submitted to OMB for clearance, and DOE invites the public to submit comments to OMB on these requirements. OMB is particularly interested in receiving public comments which evaluate: (1) Whether the proposed collection of information is necessary, (2) the accuracy of DOE's estimate of the burden of the proposed information collection, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) ways to minimize the burden of the collection of information on those who choose to respond.
Statutory Authority: Department of Energy Organization Act, Public Law 95-91. Issued in Washington, DC, on October 6, 2006.
Sharon A. Evelin, Director, Records Management Division, Office of the Chief Information Officer.
[FR Doc. E6-16999 Filed 10-12-06; 8:45 am]

BILLING CODE 6450-01-P

DEPARTMENT OF ENERGY Agency Information Collection Extension

AGENCY : Department of Energy. ACTION : Submission for Office of Management and Budget (OMB) review; comment request.

SUMMARY : The Department of Energy (DOE) has submitted an information collection package to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The package requests a three-year extension of the information collection entitled, "Reporting and Recordkeeping Requirements for Safety Management System." Comments are invited on: (a) Whether the extended information collections are necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the agency's estimate of the Federal Register!Vol. 71, No. 198/Friday, October 13, 2006/Notices 

### 60483

DEPARTMENT OF DEFENSE

Defense Logistics Agency
Membership ofthe Defense Logistics Agency (DLA) Senior Executive Service (SES) Performance Review Board (PRB)

AGENCY: Defense Logistics Agency, Department ofDefense.

ACTION: Notice ofmembership-2006 DLAPRB.

SUMMARY: This notice announces the appointment ofmembers to the Defense Logistics Agency SeniorExecutive Service (SES) Performance Review Board (PRB). The publication ofPRB composition is required by 5 U.S.c. 4314(c)(4). The PRB provides fair and impartial review ofSenior Executive Service performance appraisals and makes recommendations to the Director, Defense Logistics Agency, withrespect to pay level adjustments and performance awards, and other actions related to management ofthe SES cadre.

DATES: Effective Date: September 26, 2006.

ADDRESSES: Defense Logistics Agency, 8725 JohnJ. Kingman Road, STE 2533, Fort Belvoir, Virginia, 22060-6221.

FOR FURTHER INFORMATION CONTACT: Ms. Laurie Hall, SES Program Manager, Human Resources (J-l), Defense Logistics Agency, Department of Defense, (703) 767-6404.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 4314(c)(4), the following are the names and titles of DLA career executives appointed to

serve as members ofthe SES PRB. Members will serve a l-yearterm, whichbeings on September 26, 2006.

PRB Chair: Major General Loren M. Reno, USAF.

Members: Mr. Jeffrey Neal, Director, Human Resources, Ms. Mae De Vincentis, Director, Information Operations/CFO, Mr. Richard Connelly, Director, Defense Energy Support Center.

Robert T. Dail, Lieutenant General. USA. Director. Defense LogisticsAgency. [FR Doc. 06-8661 Filed 10-12-06; 8:45 am]

BILLING CODE 3620--01-M

DEPARTMENT OF ENERGY
Agency Information Collection Request

AGENCY: Office ofEnergy Efficiency and Renewable Energy, Department of Energy. ACTION: Submission for Office of Management and Budget (OMB) review;
commentrequest.

SUMMARY: The Department ofEnergy (DOE) has submitted the proposed collection ofinformation described in this notice to the Office ofManagement and Budget (OMB) for review and approval in accordance with the PaperworkReduction Act of 1995 (Pub. L. 104-13,44 U.S.c. Chapter 35). The proposed collection ofinformation is in

a final rule pertaining to test procedures for distribution transformers, which DOE published at 71 FR 24971 (April 27,2006). DOE received no comments inresponse to an earlier notice inviting public comment on this proposed collection (71 FR 24844, April 27, 2006).

DATES: Comments regarding this collection must be received on orbefore November 13, 2006. Ifyou anticipate thatyou will be submitting comments, butfind it difficult to do so within the period oftime allowed by this notice, please advise the OMB Desk Officer of your intentionto make a submission as
soon as possible. The Desk Officer may betelephoned at 202-395-4650.

ADDRESSES: Comments shouldbe sentto the Office ofManagement and Budget, Office ofInformation and Regulatory Affairs, Attention: OMB Desk Officer for DOE, Room 10202, New Executive Office Building, 725 17th Street, NW., Washington,DC 20503. A copy ofthe comments should also be sentto: Antonio Bouza, U.S. Department of Energy, Office ofEnergy Efficiency and Renewable Energy, EE-2J, 1000 Independence Ave., SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies ofthe information collection instrument and instructions should be directed to Antonio Bouza at the address listed above in ADDRESSES.
SUPPLEMENTARY INFORMATION: The following proposed collection of information has been sent to OMB for clearance:

(1) OMB No.: Pending Approval. (2) Package Title: Test Procedures for Distribution Transformers. (3) Type of Review: New collection. (4) Purpose: This information collection is necessary for assessing the efficiency ofDOE distribution transformers. (5) Respondents: 57. (6) Type of Respondents:Manufacturers oflowvoltage dry-type distribution transformers. (7) Frequency of Response: Recordkeeping: Maintenance of(1) data and (2) calibration procedures and actions. (8) EstimatedNumber of Burden Hours: 5,472. Abstract: On April 27,2006,DOE published a final rule that established test procedures for measuring the energy efficiency of distribution transformers (71 FR 24971). When energy conservation standards go into effect for low-voltage dry-type distribution transformers onJanuary 1, 2007, the rule will become applicable to manufacturers ofthese transformers. Therule wouldrequire the manufacturers to meetthe following recordkeeping requirements: (1) Have records as to alternative efficiency determination methods available for DOE inspection; (2) maintain calibration records; and (3) document calibration procedures. A PaperworkReduction Act Submissionhas been submitted to OMB for clearance, and DOE invites the public to submit comments to OMB on these requirements. OMB is particularly interested in receiving public comments which evaluate: (1) Whether the proposed collection ofinformation is necessary, (2) the accuracy ofDOE's estimate ofthe burden ofthe proposed information collection, (3) ways to enhance the quality, utility, and clarity ofthe information to be collected, and (4) ways to minimize the burden ofthe collection ofinformation on those who choose to respond.

StatutoryAuthority: Department ofEnergy Organization Act, Public Law 95-91.

Issued inWashington, DC, on October 6, 2006. SharonA. Evelin, Director, RecordsManagementDivision, Officeof the Chief Information Officer. [FR Doc. E6-16999 Filed 10-12-06; 8:45 am]

BILLING CODE 6450-o1-P

DEPARTMENT OF ENERGY
Agency Information Collection Extension

AGENCY: Department ofEnergy.
ACTION: Submission for Office of Management and Budget (OMB) review;
commentrequest.

SUMMARY: The Department ofEnergy (DOE) has submitted an information collection package to the OMB for extension underthe provisions ofthe PaperworkReduction Act of 1995. The package requests a three-year extension ofthe information collection entitled, "Reporting and Recordkeeping Requirements for Safety Management System." Comments are invited on: (a) Whetherthe extendedinformation collections are necessary for the proper performance ofthe functions ofthe agency, including whetherthe information has practical utility; (b) the accuracy ofthe agency's estimate ofthe60484 Federal Register /Vol. 71, No. 198 /Friday, October 13, 2006 /Notices

burden of the information collections, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collections on respondents, including through the use of automated collection techniques or other forms of information technology.

DATES : Comments regarding this collection must be received on or before November 13, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202-395-4650.

ADDRESSES : Written comments should be sent to: DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503.
Comments should also be addressed

to: Jeffrey Martus, IM-11/Germantown Building, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-1290; or by fax at 301-903-9061 or by e-mail at Je ffre y. m artu s@@h q. d oe.gov. DEPARTMENT OF ENERGY the mostly rail scenario analyzed in the Yucca Mountain Final EIS. This

FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection
instrument and instructions should be directed to Jeffrey Martus at the address
listed above in ADDRESSES.

SUPPLEMENTARY INFORMATION: The information collection package listed in this notice for public comment includes the following:
1. (1) OMB No.: 1910-5103. (2) Package Title: Reporting and Recordkeeping Requirements for Safety Management System. (3) Type of Review: Renewal. (4) Purpose: This collection is required by the Department to ensure that the management and operating contractors are performing work safety at DOE facilities. (5) Respondents: 7. (6) Estimated Number of Burden Hours: 2,450.
Statutory Authority: Department of Energy Organization Act, Public Law 95-91.
Issued in Washington, DC, on October 6, 2006. Sharon A. Evelin, Director, Records Management Division, Office of the Chief Information Officer.
[FR Doc. E6-17000 Filed 10-12-06; 8:45 am]

BILLING CODE 6450-01-P Amended Notice of Intent To Expand decision will ultimately require the the Scope of the Environmental Impact construction of a rail line to connect the Statement for the Alignment, repository site at Yucca Mountain to an Construction

, and Operation of a Rail existing rail line in the State of Nevada Line to a Geologic Repository at Yucca for the shipment of spent nuclear fuel Mountain, Nye County, NV and high-level radioactive waste. To AGENCY: Department of Energy. that end, the Department also selected the Caliente rail corridor in which to ACTION: Amended notice of intent. examine possible alignments for

SUMMARY : The Department of Energy (DOE or the Department) is providing this Amended Notice of Intent to expand the scope of the ongoing Environmental Impact Statement for the Alignment, Construction and Operation of a Rail Line to a Geologic Repository at Yucca Mountain, Nye County, Nevada (DOE/EIS-0369, Rail Alignment EIS, Notice of Intent, April 8, 2004, 69 FR 18565). In the ongoing Rail Alignment EIS, DOE has undertaken an analysis of alternative rail alignments in which to construct and operate a rail line within what is referred to as the Caliente corridor. Based on new information, DOE now plans to expand the Rail Alignment EIS to incorporate analysis of a new rail corridor alternative. This additional analysis will supplement the corridor analyses in the "Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada" (DOE/ EIS-0250F, Yucca Mountain Final EIS, February 2002). The expanded analysis will consider the potential environmental impacts of a newly proposed Mina rail corridor at the same level of corridor analysis as is contained in the Yucca Mountain Final EIS, and will review the rail corridor analyses of that Final EIS, and update, as appropriate. The expanded scope will then proceed to include a detailed analysis of alternative alignments within the Mina corridor at the same level of analysis of the ongoing alignment analysis for the Caliente corridor. The result will be to provide the public with information concerning both the potential corridor and alignment impacts of the Mina corridor at the same time DOE presents the potential impacts for the construction and operation of a rail line within the Caliente corridor. The expanded EIS will be entitled the Supplemental Yucca Mountain Rail Corridor and Rail Alignment EIS (DOE/EIS-0250F-S2 and DOE/EIS-0369). On April 8, 2004 (69 FR 18557), the Department issued a Record of Decision announcing its selection, both nationally and in the State of Nevada, of construction of that rail line. On April 8, 2004 (69 FR 18565), DOE issued a Notice of Intent to prepare an EIS under the National Environmental Policy Act (NEPA) for the alignment, construction, and operation of a rail line forshipments of spent nuclear fuel, highlevel radioactive waste, and other materials from a site near Caliente, Nevada, to a geologic repository at Yucca Mountain, Nevada (the Rail Alignment EIS). During subsequent public scoping, DOE received comments that offered preferences for various rail corridors analyzed in detail in the Yucca Mountain Final EIS, and identified other rail corridors for consideration. In particular, commenters recommended that DOE consider the Mina route, which would include use of an existing rail line from Hazen, Nevada, to the Thorne siding in Hawthorne, Nevada, and the construction of new rail line that would follow an abandoned rail line nearly to Yucca Mountain. In the Yucca Mountain Final EIS, DOE considered, but eliminated from detailed study, several potential rail routes. One of those potential rail routes, the Mina route, could only connect to an existing rail line by crossing the Walker River Paiute Tribe Reservation northwest of Hawthorne, Nevada, and the Tribe had informed DOE that it would refuse to allow nuclear waste to be transported across its reservation (letter dated December 6, 1991). For this reason, the Department considered the Mina route to pose an unavoidable land use conflict and thus to be unavailable for further consideration. Following review of the scoping comments for the Rail Alignment EIS, DOE held discussions with the Walker River Paiute Tribe regarding the availability of the Mina route. Subsequently, in May 2006, the Walker River Paiute Tribe informed DOE that the Tribal Council had withdrawn its objection to the completion of an EIS studying the transportation of nuclear waste across its reservation. The Tribe stated that its Tribal Council had not decided to allow such shipments, but indicated that inclusion of the Mina route in an EIS would allow the Tribe 

### 60484 Federal Register/Vol. 71, No. 198/Friday, October 13, 2006/Notices

burden ofthe information collections, including the validity ofthe methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity ofthe information to be collected; and (d) ways to minimize the burden ofthe information collections on respondents, including through the use ofautomated collection techniques or other forms ofinformation technology.

DATES: Comments regarding this collection mustbe received on orbefore November 13, 2006. Ifyou anticipate that you will be submitting comments, butfind it difficult to do so withinthe period oftime allowed bythis notice, please advise the OMB Desk Officer of your intention to make a submission as
soon as possible. The Desk Officer may be telephoned at 202-395-4650.

ADDRESSES: Written comments should be sent to: DOE Desk Officer, Office of Information and Regulatory Affairs, Office ofManagement and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503.



### Comments shouldalso be addressed
to: Jeffrey Martus, IM-ll/Germantown Building, U.S. Department ofEnergy, 1000 Independence Ave., SW., Washington, DC 20585-1290; orby fax at 301-903-9061 orbye-mail at 

### Jeffrey.martus@hq.doe.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies ofthe information collection instrument and instructions shouldbe directed to Jeffrey Martus at the address listed above in ADDRESSES.

SUPPLEMENTARY INFORMATION: The information collection package listed in this notice for public comment includes the following:

1. (1) 

### OMB No.: 1910-5103. (2) 

### Package Title: Reporting and Recordkeeping Requirements for Safety Management System. (3) 

### Type of Review: Renewal. (4) 

### Purpose: This collection is required by the Department to ensure thatthe management and operating contractors are performing work safety atDOE facilities. (5) 

### Respondents: 7. (6) 

### EstimatedNumber of

Burden Hours: 2,450. Statutory Authority: Department ofEnergy Organization Act, Public Law 95-91.

IssuedinWashington, DC, on October 6, 2006. SharonA. Evelin, Director, RecordsManagementDivision, Office of the Chief Information Officer. [FR Doc. E6-17000 Filed 10-12-06; 8:45 am]

BILLING CODE 64SG-01-P DEPARTMENT OF ENERGY

Amended Notice of Intent To Expand the Scope of the Environmental Impact Statementfor the Alignment, Construction, and Operation of a Rail Line to a Geologic Repository at Yucca Mountain, Nye County, NV

AGENCY: Department ofEnergy.
ACTION: Amended notice ofintent.

SUMMARY: The Department ofEnergy (DOE or the Department) is providing this Amended Notice ofIntentto expand the scope ofthe ongoing Environmental Impact Statementfor the Alignment, Construction and Operation ofa Rail Line to a Geologic Repository at Yucca Mountain, Nye County, Nevada (DOE/EIS-0369, Rail Alignment EIS, Notice ofIntent, April 8, 2004, 69 FR 18565). In the ongoing Rail AlignmentEIS, DOE has undertaken an analysis ofalternative rail alignments in whichto construct and operate a rail line within what is referred to as the Caliente corridor. Based on new information, DOE now plans to expand the Rail Alignment EIS to incorporate analysis ofa new rail corridor alternative. This additional analysis will supplementthe corridor analyses in the "FinalEnvironmental Impact Statement for a Geologic Repository for the Disposal ofSpentNuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada" (DOE/ EIS-0250F, Yucca MountainFinal EIS, February 2002). The expanded analysis will consider the potential environmental impacts ofa newly proposed Mina rail corridor atthe same level ofcorridor analysis as is contained in the Yucca Mountain Final EIS, and will review the rail corridor analyses of thatFinal EIS, and update, as appropriate. The expanded scope will then proceed to include a detailed analysis ofalternative alignments within the Mina corridor at the same level ofanalysis ofthe ongoing alignment analysis for the Caliente corridor. Theresult will be to provide the public with information concerning boththe potential corridor and alignment impacts ofthe Mina corridor at the same time DOE presents the potential impacts for the construction and operation ofa rail line within the Caliente corridor. The expandedEIS will be entitledthe Supplemental Yucca Mountain Rail Corridor and Rail AlignmentEIS (DOE/EIS-0250F-S2 and DOE/EIS-0369).

On April 8, 2004 (69 FR 18557), the Departmentissued a Record ofDecision announcing its selection, both nationally and in the State ofNevada, of the mostly rail scenario analyzed in the Yucca Mountain Final EIS. This decision will ultimately require the construction ofa rail line to connect the repository site at Yucca Mountain to an existing rail line in the State ofNevada for the shipment of spent nuclear fuel and high-level radioactive waste. To that end, the Department also selected the Caliente rail corridor in which to examine possible alignments for construction ofthat rail line. OnApril 8, 2004 (69 FR 18565), DOE issued a Notice ofIntentto prepare an EIS under the National Environmental Policy Act (NEPA) for the alignment, construction, and operation ofa rail line for shipments ofspent nuclear fuel, highlevel radioactive waste, and other materials from a site near Caliente, Nevada, to a geologic repository at Yucca Mountain, Nevada (the Rail Alignment EIS).

During subsequentpublic scoping, DOE received comments that offered preferences for various rail corridors analyzed in detail in the Yucca Mountain Final EIS, and identified otherrail corridors for consideration. In particular, commenters recommended thatDOE consider the Mina route, which would include use ofan existing rail line from Hazen, Nevada, to the Thorne siding in Hawthorne, Nevada, and the construction ofnew rail line thatwould follow an abandoned rail line nearly to Yucca Mountain.

In the Yucca Mountain Final EIS, DOE considered, but eliminated from detailed study, several potential rail routes. One ofthose potential rail routes, the Mina route, could only
connect to an existing rail line by crossingthe Walker River Paiute Tribe Reservation northwest ofHawthorne, Nevada, and the Tribe had informed DOE that it wouldrefuse to allow nuclearwaste to be transported across its reservation (letter dated December 6, 1991). Forthis reason, the Department considered the Mina route to pose an unavoidable land use conflict and thus to be unavailable for further consideration.

Following review ofthe scoping comments for the Rail Alignment EIS, DOE held discussions with the Walker River Paiute Tribe regarding the availability ofthe Mina route. Subsequently, in May 2006, the Walker River Paiute Tribe informed DOE that the Tribal Council had withdrawn its objection to the completion ofan EIS studyingthe transportation ofnuclear waste across its reservation. The Tribe statedthat its Tribal Council had not decided to allow such shipments, but indicated that inclusion ofthe Mina route in an EIS would allowthe Tribe