[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Notices]
[Pages 98-100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32315]



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[[Page 99]]

DEPARTMENT OF ENERGY

Office of Civilian Radioactive Waste Management


Safe Transportation and Emergency Response Training; Technical 
Assistance and Funding

AGENCY: Office of Civilian Radioactive Waste Management, Department of 
Energy.

ACTION: Notice of inquiry.

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SUMMARY: The Department of Energy (the Department) intends to implement 
a program of technical assistance and funding to train State, local and 
tribal public safety officials of appropriate local jurisdictions with 
regard to the transport of spent nuclear fuel or high-level radioactive 
waste. The training would cover safe transport procedures and emergency 
responses. This notice briefly describes implementation options being 
considered, and members of the public are invited to comment.
    The Department expects to hold public meetings in order to 
facilitate active public involvement in development of policies and 
procedures to administer the program.

DATES: Written comments should be mailed to the Department and must be 
received on or before April 3, 1995.

ADDRESSES: Written comments (3 copies) should be directed to: U.S. 
Department of Energy, c/o Lois Smith, TRW Environmental Safety Systems, 
2650 Park Tower Drive, Suite 800, Vienna, Virginia 22180, ATTN: Section 
180(c) Comments.
    Persons submitting comments should include their names and 
addresses. Receipt of comments in response to this Notice will be 
acknowledged if a stamped, self-addressed postal card or envelope is 
enclosed.

FOR FURTHER INFORMATION CONTACT: For further information on the 
transportation of spent fuel and high-level radioactive waste under the 
Nuclear Waste Policy Act, please contact: Mr. Allen Benson, Operational 
Activities Team Leader, Office of Civilian Radioactive Waste Management 
(RW-45), U.S. Department of Energy, 1000 Independence Avenue, SW., 
Washington, D.C. 20585, Telephone: 1-202-586-2280. For general 
information on this Notice, please contact: Ms. Ellen Ott, Office of 
General Counsel, (GC-52), U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, D.C. 20585, Telephone: 1-202-586-6975.
    Information packets are available for interested persons who want 
background information about Office of Civilian Radioactive Waste 
Management (OCRWM) transportation prior to providing comments. To 
receive an information packet, please call: 1-800-225-NWPA (or call 
488-5513 in Washington, D.C.) or write to the OCRWM Information Center, 
Post Office Box 44375, Washington, D.C. 20026.
    Copies of comments received will be available for examination and 
may be photocopied at the Department's public reading room at 1000 
Independence Avenue SW, room 1E-190, Washington, D.C.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Agency Action

    Under the Nuclear Waste Policy Act of 1982, as amended, (the Act) 
(42 U.S.C. 10101 et seq.), the Department is responsible for managing 
the disposal of spent nuclear fuel from civilian nuclear power plants 
and high-level radioactive waste, and for possible monitored 
retrievable storage of spent nuclear fuel prior to disposal. The 
Department is also responsible for transportation of spent nuclear fuel 
to the Department's disposal or storage site. In order to carry out 
these responsibilities, the Department needs to develop a policy and 
procedures to implement Section 180(c) of the Act which authorizes 
technical assistance and funds to States for training public safety 
officials of appropriate units of local government and Indian tribes in 
safe routine transport and emergency response through whose 
jurisdiction the Secretary of Energy plans to transport spent nuclear 
fuel. To ensure that the full range of issues and alternatives related 
to the policy and procedures is addressed, the Department invites 
comments regarding the scope and implementation mechanisms of Section 
180(c).

Section 180(c) History

    The Department's work to date on Section 180(c) policies and 
implementation procedures has been discussed primarily in three forums: 
Transportation Coordination Group meetings, Transportation External 
Coordination Working Group meetings and several cooperative agreements 
with national and regional organizations representing State, local and 
tribal constituencies. These groups have met and will continue to meet 
periodically to identify and discuss issues related to the transport of 
radioactive materials. This Notice of Inquiry begins a notice and 
comment process in the Federal Register that will broaden participation 
in the discussion of Section 180(c) policy and implementation 
procedures.
    The Department has released two documents that discuss Section 
180(c) policy and implementation in light of the current regulatory 
environment and stakeholder concerns. These two documents are the 
Strategy for OCRWM to Provide Training Assistance to State, Tribal, and 
Local Governments (November 1992, DOE/RW-0374P), and the Preliminary 
Draft Options for Providing Technical Assistance and Funding Under 
Section 180(c) of the Nuclear Waste Policy Act, as Amended (November 
1992). These documents are available by requesting the information 
packet from the OCRWM Information Center.
    The Strategy paper identifies certain planning principles and steps 
needed to implement Section 180(c). It also addresses stakeholder 
comments on the draft version of the document. The Preliminary Draft 
Options paper identifies various options available to the Department 
for implementing the funding and technical assistance requirements of 
the Act. The five option groups identified and discussed below are as 
follows: (1) Use established Federal agency programs other than the 
Department's, (2) establish agreements with State, local, tribal, and 
other organizations, (3) establish a Department-wide grant program, (4) 
establish an OCRWM grant program, or (5) select a mixed group of 
options comprising elements from the previous four groups.
    The Department will further investigate the programs discussed in 
the Preliminary Draft Options paper to determine appropriate Section 
180(c) policy and implementation procedures. The options, in greater 
detail, include:

(1) Use Established Federal Agency Programs Other Than the Department's

    <bullet> The Federal Emergency Management Agency's Comprehensive 
Cooperative Agreement program (Civil Preparedness Guide: CCA General 
Program Guidelines, CPG 1-3/October 1992). The Federal Emergency 
Management Agency is responsible for coordinating emergency planning, 
preparedness, mitigation, and assistance functions of the Federal 
Government and as a part of that mission, the Comprehensive Cooperative 
Agreement mechanism channels financial and technical assistance through 
a single recipient for State and local governments.
    <bullet> Department of Transportation's training and planning 
grants through the Hazardous Materials Transportation Act, as amended. 
This program, administered by the Department of Transportation's 
Research and Special [[Page 100]] Programs Administration, provides for 
reimbursable grants and requires applicants to provide a 20 percent 
funding match to States and Tribes.
    <bullet> Department of Transportation's Federal Highway 
Administration: Highway shipments are the responsibility of the Federal 
Highway Administration, which encourages nationally uniform inspection 
and enforcement activity among the States through the Motor Carrier 
Safety Assistance program (Federal Register, Vol. 57, No. 174, Tuesday, 
September 8, 1992, pp. 40946-64).
    <bullet> Department of Transportation's Federal Railway 
Administration: Federal Government oversight of railroad inspections 
has been shared by the Interstate Commerce Commission and the Federal 
Railroad Administration (49 U.S.C. Subtitle V, Part A).

(2) Establish Agreements With State, Local, Tribal, and Other 
Organizations

    The Department of Energy has cooperative agreements with the 
Commercial Vehicle Safety Alliance, Conference of Radiation Control 
Program Directors, Council of State Governments/Midwest, League of 
Women Voters Education Fund, National Association of Regulatory Utility 
Commissioners, National Conference of State Legislatures, National 
Congress of American Indians, Southern States Energy Board, and Western 
Interstate Energy Board. These agreements facilitate communication with 
stakeholders to provide information about the OCRWM program and to 
receive feedback and comments from the stakeholders about the program. 
Similar agreements could be established for Section 180(c) 
implementation.

(3) Establish a Department-wide Grant Program

    Internal Department-wide coordination of emergency response 
activities is through the Transportation Emergency Preparedness Program 
(DOE Order 5500.1B). The Transportation External Coordination Working 
Group, discussed earlier, provides a mechanism for external parties to 
participate in the Department's coordination and development of 
emergency response activities. The following is an explanation of other 
Department transportation emergency preparedness activities that might 
serve as models of or vehicles for some or all of Section 180(c) 
implementation.
    <bullet> Department of Energy's Waste Isolation Pilot Plant: The 
1992 Waste Isolation Pilot Plant Land Withdrawal Act (Pub. L. 102-579) 
has made financial and technical assistance to States and Tribes a 
legal requirement. Funds have been distributed to States through a 
cooperative agreement with the Western Governors' Association and with 
individual Tribes.
    <bullet> Department of Energy's Environmental Restoration and Waste 
Management: The Office of Environmental Management is responsible for 
the development of all Department transportation policy with the 
exception of the transport of civilian spent nuclear fuel and high-
level waste to a Nuclear Waste Policy Act facility and the 
transportation of weapons related materials or components. The office 
has funded transportation emergency response training for various 
Department shipments.

(4) Establish an OCRWM Grant Program

    <bullet> Under this option, OCRWM would develop and implement its 
own program, specifically tailored to Section 180(c) requirements. The 
payment mechanisms could include a formula combining two or more 
grants, direct payments, or cooperative agreements.

(5) Use Elements From the Previous Four Groups

    <bullet> Options from the preceding groups can be interchanged in a 
variety of ways. Since each option has elements that meet only portions 
of the Section 180(c) program requirements, it might be necessary to 
implement a variety of options.
    Any Department decisions must weigh the applicability of each 
program option to Section 180(c) mandates to encompass safe routine 
transportation as well as emergency response capabilities over rail and 
highway modes for both State and Tribal recipients. In order to 
understand the benefits, costs and drawbacks of each program option, 
the Department will conduct an in-depth investigation of each program 
option.

Request for Submission

    The Department solicits comments from the public on all aspects of 
Section 180(c) implementation, including but not limited to: Which 
option is the least administratively burdensome? Which option offers 
the greatest flexibility for recipients? What eligibility criteria do 
similar funding and training programs use? What formulas exist for 
division of funds among eligible parties? What restrictions should 
apply to the use of funds? How may funds be used in similar programs? 
What should be included under the term ``technical assistance''? Based 
on past experience, what types and scope of training activities would 
be appropriate for implementation under Section 180(c)?


    Issued in Washington, D.C., December 28, 1994.
Lake Barrett,
Acting Director, Office of Civilian Radioactive Waste Management.
[FR Doc. 94-32315 Filed 12-30-94; 8:45 am]
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