Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5867 

September 8, 2021), the NRC staff has 

not made additional determinations of 

the successful completion of 

inspections, tests, and analyses based on 

licensee IPCNs submitted under 10 CFR 

52.99(c)(2). 

The ITAAC for VEGP Unit 3 are in 

Appendix C of the VEGP Unit 3 

combined license (ADAMS Accession 

No. ML14100A106). The ITAAC for 

VEGP Unit 4 are in Appendix C of VEGP 

Unit 4 combined license (ADAMS 

Accession No. ML14100A135). 

III. NRC Staff Determination of 

Completion of ITAAC 

The NRC staff has determined that the 

specified inspections, tests, and 

analyses have been successfully 

completed, and that the specified 

acceptance criteria are met. The 

documentation of the NRC staff’s 

determination is in the ITAAC Closure 

Verification Evaluation Form (VEF) for 

each ITAAC. The VEF is a form that 

represents the NRC staff’s structured 

process for reviewing ICNs and IPCNs. 

Each ICN presents a narrative 

description of how the ITAAC was 

completed. The NRC’s ICN review 

process involves a determination on 

whether, among other things: (1) Each 

ICN provides sufficient information, 

including a summary of the 

methodology used to perform the 

ITAAC, to demonstrate that the 

inspections, tests, and analyses have 

been successfully completed; (2) each 

ICN provides sufficient information to 

demonstrate that the acceptance criteria 

of the ITAAC are met; and (3) any NRC 

inspections for the ITAAC have been 

completed and any ITAAC findings 

associated with that ITAAC have been 

closed. The NRC’s review process for 

IPCNs is similar to that for ICNs but 

focuses on how the licensee addressed 

the new, material information giving 

rise to the IPCN. 

The NRC staff’s determination of the 

successful completion of these ITAAC is 

based on information available at this 

time and is subject to the licensee’s 

ability to maintain the condition that 

the acceptance criteria are met. If the 

NRC staff receives new information that 

suggests the NRC staff’s determination 

on any of these ITAAC is incorrect, then 

the NRC staff will determine whether to 

reopen that ITAAC (including 

withdrawing the NRC staff’s 

determination on that ITAAC). The NRC 

staff’s determination will be used to 

support a subsequent finding, pursuant 

to 10 CFR 52.103(g), at the end of 

construction that all acceptance criteria 

in the combined license are met. The 

ITAAC closure process is not finalized 

for these ITAAC until the NRC makes an 

affirmative finding under 10 CFR 

52.103(g). Any future updates to the 

status of these ITAAC can be found by 

selecting the link ‘‘ITAAC Status 

Report’’ on the NRC’s websites: https:// 

www.nrc.gov/reactors/new-reactors/colholder/vog3.html and https://

www.nrc.gov/reactors/new-reactors/colholder/vog4.html. 

This notice fulfills the NRC staff’s 

obligations under 10 CFR 52.99(e)(1) to 

publish a notice in the Federal Register 

of the NRC staff’s determination of the 

successful completion of inspections, 

tests, and analyses. 

Vogtle Electric Generating Plant Unit 3, 

Docket No. 5200025 

A complete list of the review status 

for VEGP Unit 3 ITAAC, including the 

submission date and ADAMS accession 

number for each ICN received, the 

ADAMS accession number for each 

VEF, and the ADAMS accession 

numbers for the inspection reports 

associated with these specific ITAAC 

can be found by selecting the link 

‘‘ITAAC Status Report’’ at the NRC’s 

website https://www.nrc.gov/reactors/ 

new-reactors/col-holder/vog3.html. 

Vogtle Electric Generating Plant Unit 4, 

Docket No. 5200026 

A complete list of the review status 

for VEGP Unit 4 ITAAC, including the 

submission date and ADAMS accession 

number for each ICN and IPCN received, 

the ADAMS accession number for each 

VEF, and the ADAMS accession 

numbers for the inspection reports 

associated with these specific ITAAC, 

can be found by selecting the link 

‘‘ITAAC Status Report’’ at the NRC’s 

website https://www.nrc.gov/reactors/ 

new-reactors/col-holder/vog4.html. 

Dated: January 27, 2022. 

For the Nuclear Regulatory Commission. 

Victor E. Hall, 

Chief, Vogtle Project Office, Office of Nuclear 

Reactor Regulation. 

[FR Doc. 2022–02062 Filed 2–1–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–219; License No. DPR–16; 

EA–21–041; NRC–2022–0034] 

In the Matter of Holtec 

Decommissioning International, LLC; 

Oyster Creek Nuclear Generating 

Station 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Confirmatory order; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a 

Confirmatory Order to Holtec 

Decommissioning International, LLC 

(HDI) to memorialize the agreement 

reached during an alternative dispute 

resolution mediation session held on 

October 14, 2021. This Order will 

resolve any issues identified during an 

NRC inspection and investigation 

related to a (now-former) training 

superintendent at Oyster Creek Nuclear 

Generating Station (Oyster Creek), who 

was also responsible for performing 

armorer duties, and who deliberately 

failed to perform firearms maintenance 

activities and falsified records related to 

those activities. The Order includes a 

number of significant actions HDI has 

agreed to take that are expected to 

improve HDI’s security performance at 

Oyster Creek and other sites in its fleet. 

The Confirmatory Order is effective 

upon issuance. 

DATES: The confirmatory order was 

issued on January 26, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2022–0034 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0034. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The 

Confirmatory Order to Oyster Creek 

Nuclear Generating Station is available 

in ADAMS under Accession No. 

ML21362A447. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 


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5868 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Marjorie M. McLaughlin, Region I, U.S. 

Nuclear Regulatory Commission, 2100 

Renaissance Blvd., King of Prussia, PA 

19140; telephone: 610–337–5240, email: 

Marjorie.Mclaughlin@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the Order is attached. 

Dated: January 27, 2022. 

For the Nuclear Regulatory Commission. 

Raymond K. Lorson, 

Deputy Regional Administrator, NRC Region 

I. 

Attached—Confirmatory Order 

United States of America 

Nuclear Regulatory Commission 

In the Matter of: Holtec 

Decommissioning International, LLC 

Oyster Creek Nuclear Generating 

Station. 

05000219 

DPR–16 

EA–21–041 

Confirmatory Order Modifying License 

I 

Holtec Decommissioning 

International, LLC (HDI or Licensee) is 

the holder of Renewed Facility 

Operating License No. DPR–16 issued 

on June 3, 2009, by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission) pursuant to Part 50 of Title 

10 of the Code of Federal Regulations 

(10 CFR). The license authorizes the 

operation of Oyster Creek Nuclear 

Generating Station (facility) in 

accordance with conditions specified 

therein. The facility is located on the 

Licensee’s site in Forked River, New 

Jersey. 

This Confirmatory Order is the result 

of an agreement reached during an 

Alternative Dispute Resolution (ADR) 

mediation session conducted by video 

conference on October 14, 2021. 

II 

On March 13, 2020, the NRC Office of 

Investigations (OI), Region I Field Office 

opened an investigation (OI Case No. 1– 

2020–007) at Oyster Creek. The 

investigation, which was completed on 

March 11, 2021, evaluated whether a 

(now-former) training superintendent at 

Oyster Creek, who was also responsible 

for performing armorer duties, 

deliberately failed to perform firearms 

maintenance activities and falsified 

records related to those activities. Based 

on the evidence gathered during the 

investigation, the NRC determined that 

the armorer deliberately failed to 

perform certain required firearms 

maintenance activities for calendar year 

2019, that the armorer deliberately 

falsified records related to these 

activities, and that these falsified 

records were submitted to the NRC in 

response to an April 10, 2020, 

information request. 

Specifically, the NRC identified that 

on the Licensee’s 2019 firearms 

maintenance and testing logs that the 

Licensee submitted to the NRC in 

response to an information request for 

an NRC security inspection, the fields 

for ‘‘date’’ and ‘‘performed by’’ for 

annual material condition inspections 

were left blank, indicating to the NRC 

that the Licensee did not conduct this 

activity. On March 16, 2020, the armorer 

told an NRC Region I security inspector 

that Oyster Creek staff no longer 

performed this inspection and that the 

procedure was being changed to remove 

the requirement. However, the armorer 

acknowledged that the procedure 

change had not yet happened. 

Subsequently, in response to an April 

10, 2020, information request from OI, 

the Licensee resubmitted its firearms 

logs to the NRC, and the ‘‘date’’ and 

‘‘performed by’’ fields were filled out, 

which would indicate that the Licensee 

had completed the annual material 

condition inspections. The armorer 

informed OI that he filled in these fields 

after talking to the NRC inspector. He 

stated that he probably did not perform 

the inspections but maintained that he 

did not exactly remember what he did. 

The NRC determined that the annual 

material inspections were not performed 

in 2019 due to the armorer’s deliberate 

failure to perform them and that the 

armorer deliberately falsified the 

records provided to the NRC to indicate 

that the inspections had been 

performed. 

The NRC concluded that the 

deliberate failure of the armorer to 

perform required annual material 

condition inspections of firearms for 

calendar year 2019 caused the Licensee 

to be in violation of Title 10 of the Code 

of Federal Regulations (10 CFR) Part 73, 

Appendix B, Criterion VI.G, ‘‘Weapons, 

Personal Equipment, and Maintenance,’’ 

and procedures required by the 

Commission-approved Oyster Creek 

Training and Qualification Plan. 

Specifically, 10 CFR part 73, Appendix 

B, Criterion VI.G, ‘‘Weapons, Personal 

Equipment, and Maintenance,’’ Section 

3(a), ‘‘Firearms maintenance program,’’ 

requires that each Licensee shall 

implement a firearms maintenance and 

accountability program in accordance 

with the Commission regulations and 

the Commission-approved training and 

qualification plan. The program must 

include, in part: (1) Semiannual test 

firing for accuracy and functionality; (2) 

Firearms maintenance procedures that 

include cleaning schedules and cleaning 

requirements; (3) Program activity 

documentation; and (4) Control and 

accountability (weapons and 

ammunition). The Oyster Creek 

Training and Qualification Plan is 

Appendix B to the site’s Physical 

Security Plan. Section 20.5 of Revision 

18 of the Training and Qualification 

Plan states, in part, that a testing and 

maintenance program for all assigned 

firearms is established to ensure that the 

firearms and related accessories 

function as intended. The program is 

described in facility procedures. Oyster 

Creek procedure SY–AA–150–103, 

Revision 0, ‘‘Firearms Maintenance, 

Testing, and Accountability,’’ 

constitutes the facility procedure for the 

testing, cleaning, and inspecting of 

security weapons. Step 4.2.4.2 states, in 

part, annually, perform the material 

condition inspection on all duty 

firearms. Step 2.3, in terms and 

definitions, defines ‘‘annual’’ as once 

per calendar year. 

The NRC determined that the 

armorer’s deliberate actions also caused 

the Licensee to provide information to 

the NRC regarding the annual material 

inspections of firearms that was not 

complete and accurate in all material 

respects, contrary to 10 CFR 50.9(a). 

Specifically, 10 CFR 50.9(a) requires, in 

part, that information provided to the 

Commission by a Licensee or 

information required by the 

Commission’s regulations to be 

maintained by the Licensee shall be 

complete and accurate in all material 

respects. 10 CFR 73.70(e) states, in part, 

that each Licensee subject to the 

provisions of 10 CFR 73.55 shall keep 

documentation of all tests, inspections, 

and maintenance performed on security 

related equipment used pursuant to the 

requirements of this part for three years 

from the date of documenting the event. 

10 CFR 73.55(a)(1) indicates that the 

Section applies to nuclear power reactor 

licensees that are licensed under 10 CFR 

part 50. Logs submitted to the NRC in 

response to an April 10, 2020, 

information request documented that 

annual material condition inspections 

had been performed on each of the 

Licensee’s duty firearms; however, the 

Licensee had not performed the 

inspections. This information is 

material to the NRC because the NRC 

requires testing and maintenance of 

weapons to ensure they are in 

acceptable working condition. Accurate 

recordkeeping of such activities ensures 


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that the weapons maintenance program 

is fulfilling these requirements. 

Through the investigation, the NRC 

also identified a third violation 

involving the failure by the armorer to 

perform required biennial firearms parts 

replacement. The NRC did not find 

sufficient evidence to conclude that this 

failure was willful. However, the failure 

caused the Licensee to be in violation of 

10 CFR part 73, Appendix B, Criterion 

VI.G, ‘‘Weapons, Personal Equipment, 

and Maintenance,’’ Section 3(a), 

‘‘Firearms maintenance program,’’ 

which requires that each Licensee shall 

implement a firearms maintenance and 

accountability program in accordance 

with the Commission regulations and 

the Commission-approved training and 

qualification plan. The program must 

include, in part: (1) Semiannual test 

firing for accuracy and functionality; (2) 

Firearms maintenance procedures that 

include cleaning schedules and cleaning 

requirements; (3) Program activity 

documentation; and (4) Control and 

accountability (weapons and 

ammunition). The Oyster Creek 

Training and Qualification Plan is 

Appendix B to the site’s Physical 

Security Plan. Section 20.5 of Revision 

18 of the Training and Qualification 

Plan states, in part, that a testing and 

maintenance program for all assigned 

firearms is established to ensure that the 

firearms and related accessories 

function as intended. The program is 

described in facility procedures. Oyster 

Creek procedure SY–AA–150–103, 

Revision 0, ‘‘Firearms Maintenance, 

Testing, and Accountability,’’ 

constitutes the facility procedure for the 

testing, cleaning, and inspecting of 

security weapons. Step 4.2.5, states, 

replace the following components on 

duty rifles biennially: Hammer spring, 

trigger spring, disconnector spring, 

extractor spring, ejector spring, and gas 

rings. SY–AA–150–103–F–04, Rifle 

Material Condition Inspection/ 

Functionality/Accuracy Tests states, in 

part, biennially, replace the following 

components on contingency rifles and 

note this as being completed in the 

weapons maintenance log. Step 2.7 

defines ‘‘biennial’’ as at least once every 

two years. 

By letter, dated July 28, 2021 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML21176A049), the NRC 

notified the Licensee of the results of 

the investigation with an opportunity to: 

(1) Provide a response in writing, (2) 

attend a predecisional enforcement 

conference or (3) to participate in an 

ADR mediation session in an effort to 

resolve this matter. 

In response to the NRC’s offer, the 

Licensee requested the use of the NRC’s 

ADR process to resolve differences it 

had with the NRC. On October 14, 2021, 

the NRC and the Licensee met in an 

ADR session mediated by a professional 

mediator, arranged through Cornell 

University’s Institute on Conflict 

Resolution. The ADR process is one in 

which a neutral mediator, with no 

decision-making authority, assists the 

parties in reaching an agreement on 

resolving any differences regarding the 

dispute. This Confirmatory Order is 

issued pursuant to the agreement 

reached during the ADR process. 

III 

During the ADR session, the Licensee 

and the NRC reached a preliminary 

settlement agreement. The elements of 

the agreement include the following: 

Whereas, the NRC acknowledges that 

HDI has taken several corrective actions 

in response to the violations at Oyster 

Creek Nuclear Generating Station 

(Oyster Creek) so as to preclude the 

occurrence of similar violations in the 

future. These actions include: 

1. Denying the former 

superintendent’s unescorted access 

authorization and denoting his entry in 

the Personnel Access Data System to 

indicate that there is additional 

information. 

2. Performing an internal fact-finding 

and accountability investigation and an 

apparent cause evaluation, which 

resulted in the following corrective 

measures: 

a. Revising the firearms maintenance, 

testing, and accountability procedure to 

remove the requirement to replace parts 

biennially; 

b. Completing the initial development 

of an electronic application that will 

track weapons upon their removal from 

their assigned positions; 

c. Holding face-to-face meetings 

between the Oyster Creek Security 

Manager and site armorers to ensure 

understanding of procedural 

requirements, complete and accurate 

recordkeeping, and accurate 

ammunition accounting, including 

logging unused ammunition returned to 

the armory after range activities; 

d. Conducting, over a two-month 

period, spot checks of security 

personnel logging security weapons, 

ammunition, and equipment into and 

out of the armory and performing 

ammunition counts. 

3. Creating the position of Fleet 

Director of Security Operations and 

appointing an experienced nuclear 

security manager to the position as a 

concurrent role. 

4. Initiating development of a 

standardized set of fleet security 

procedures. 

Therefore, the parties agree to the 

following terms and conditions: 

1. Terms and Conditions To Be Taken 

by HDI 

A. Items To Assure Restoration of 

Compliance 

1. Within 60 days of the date of the 

Confirmatory Order, HDI shall prepare a 

report of the maintenance status of all 

in-service and contingency weapons 

that are onsite at Oyster Creek as of the 

date of the Confirmatory Order. The 

report shall specify the dates on which 

each weapon was last test-fired, 

cleaned, serviced, and inspected. 

Within 30 days of completing this 

action, HDI shall inform the NRC that 

the action is complete by sending a 

letter to the Region I Administrator and 

shall make the report available to the 

NRC for review during an inspection. 

2. Within 180 days of the date of the 

Confirmatory Order, HDI shall complete 

a root cause evaluation of the events 

related to the violations at Oyster Creek 

described in this Confirmatory Order in 

accordance with HDI’s corrective action 

program. Within 30 days of completing 

this action, HDI shall inform the NRC 

that the action is complete by sending 

a letter to the Region I Administrator 

and shall make the evaluation available 

to the NRC for review during an 

inspection. 

3. Within 180 days of the date of the 

Confirmatory Order, HDI shall review 

its process for performing and recording 

in-service and out-of-service weapons 

maintenance. The review shall include 

a comparison of Oyster Creek’s process 

versus other nuclear sites, including at 

least one non-HDI nuclear site. The 

evaluation shall identify best practices 

and consider any changes needed at 

Oyster Creek and specify any identified 

corrective actions. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator and shall make the 

results of the evaluation available to the 

NRC for review during an inspection. 

B. Items To Address Wrongdoing 

1. Within 60 days of the date of the 

Confirmatory Order, HDI shall 

communicate this issue to the security 

personnel at Oyster Creek and other HDI 

decommissioning nuclear reactor sites. 

The communication (which may be 

verbal or via written communication) 

will be conducted by the president of 

HDI and shall specify that wrongdoing 

and falsification of records are 


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unacceptable and shall also explain the 

specific actions staff must take when 

unable to complete required activities. 

Within 30 days of completing this 

action, HDI shall inform the NRC that 

the action is complete by sending a 

letter to the Region I Administrator. The 

letter shall also describe the content of 

the communication. 

2. Within 180 days of the date of the 

Confirmatory Order, HDI will conduct 

training to be given to Security 

personnel at each of HDI’s nuclear sites. 

The training will: (a) Emphasize the 

importance of complete and accurate 

information for all required records, 

correspondence, and communications 

with the NRC and its staff; (b) 

emphasize individual accountability 

and clearly express that willful or 

deliberate failures to comply with 

regulations, orders, or license 

requirements could result in significant 

individual enforcement by the NRC; and 

(c) reinforce that if any individual 

recognizes a non-compliance, they will 

immediately report the observation of 

the non-compliance. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator and shall make the 

training materials available to the NRC 

for review during an inspection. 

C. Items To Address Armorer Function 

Weaknesses 

1. Within 240 days of the date of the 

Confirmatory Order, HDI shall evaluate 

its implementation of the armorer 

function at Oyster Creek. The evaluation 

shall include review of the staffing and 

responsibilities of the position, the 

methodology for tracking weapons 

maintenance status and activities, and 

supervisory involvement in verifying 

completion of required activities. The 

evaluation shall also include a 

comparison of HDI’s weapons 

maintenance processes versus other 

nuclear reactor sites, including at least 

one non-HDI nuclear reactor site. The 

evaluation shall identify best practices 

and consider any changes needed at 

Oyster Creek and specify any identified 

corrective actions. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator and shall make the 

results of the evaluation available to the 

NRC for review during an inspection. 

2. Within 90 days of completing the 

evaluation described in Item C.1, HDI 

shall communicate (which may be 

verbal or in writing) to HDI Security 

management staff at Oyster Creek the 

results of the evaluation and any 

completed or pending corrective 

actions. Within 30 days of completing 

this action, HDI shall inform the NRC 

that the action is complete by sending 

a letter to the Region I Administrator 

and shall make the content of the 

communication available to the NRC for 

review during an inspection. 

D. Items To Address Implementation of 

Security Program at Oyster Creek 

1. Within 365 days of the date of the 

Confirmatory Order, HDI shall 

administer training to HDI and Holtec 

Security International, LLC (HSI) 

Security staff at Oyster Creek that 

focuses on roles and expectations and 

that reinforces HDI’s responsibility for 

assuring regulatory compliance. The 

training shall also include any insights 

developed from the root cause 

evaluation described in Item A.2. 

Within 30 days of completing this 

action, HDI shall inform the NRC that 

the action is complete by sending a 

letter to the Region I Administrator and 

shall make the training materials 

available to the NRC for review during 

an inspection. 

2. Within 365 days of the date of the 

Confirmatory Order, HDI shall evaluate 

the Oyster Creek security program to 

include the program’s organizational 

effectiveness, the quality and 

effectiveness of site security procedures, 

the security organization’s staffing, 

training, and communication of 

standards, expectations, management 

engagement and oversight, performance 

management, and the results of the root 

cause evaluation. The evaluation shall 

also include a review of the clarity for 

the security staff about lines of 

responsibility and reporting, and the 

performance and quality of how 

individual job performance results are 

evaluated, documented, and 

communicated. The results of the 

evaluation shall be placed in the Oyster 

Creek corrective action program. The 

evaluation team shall be comprised of 

no more than 50% HDI or HSI 

employees and the remaining 

participants shall be from an outside 

organization (such as a utility or 

industry group) including a safety 

culture expert, external to HDI and HSI. 

Within 30 days of completing this 

action, HDI shall inform the NRC that 

the action is complete by sending a 

letter to the Region I Administrator and 

shall make the results of the evaluation 

and any related corrective actions 

available to the NRC for review during 

an inspection. 

E. Items To Address Corporate Security 

Oversight 

1. Within 90 days of the date of the 

Confirmatory Order, HDI shall install a 

Fleet Security Director position with 

sole responsibility for oversight of the 

security operations at all HDI nuclear 

sites. The Site Security Leads shall 

report to the Fleet Security Director and 

the Fleet Security Director shall report 

to the HDI President. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator. HDI shall maintain an 

individual in this position for a period 

of 5 years after the date of the 

Confirmatory Order or until fuel at all 

HDI nuclear sites is in dry storage, 

whichever is sooner. 

2. Within 365 days of the date of the 

Confirmatory Order, HDI shall effect an 

evaluation of HDI’s implementation of 

the corporate security program. The 

evaluation team shall be comprised of 

no more than 50% HDI or HSI 

employees, and the remaining 

participants shall be from an outside 

organization (such as a utility or an 

industry group). The evaluation shall 

assess HSI’s and HDI’s corporate 

security staffing resources, direct and 

indirect oversight, and performance 

management. The evaluation shall 

review the fleet implementation of the 

security programs at each HDI site to 

identify areas of strengths and 

weaknesses. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator and shall make the 

results of the evaluation available to the 

NRC for review during an inspection. 

F. Effectiveness Reviews 

1. Within 90 days of completion of the 

evaluation described in D.2, HDI shall 

complete the first of four quarterly 

reviews of the effectiveness of the 

Oyster Creek security program and the 

corrective actions implemented in 

response to this issue. Within 30 days 

of completing each review, HDI shall 

inform the NRC of the completion of the 

review by sending a letter to the Region 

I Administrator. 

2. The effectiveness reviews discussed 

in Item F.1 shall be conducted by a team 

that includes at least one individual 

from outside the HDI or HSI 

organization. For a period of one year 

after completion of the fourth review, 

the documented effectiveness reviews 

shall be made available to the NRC for 

review during an inspection. 

G. External Communication 

A. By December 31, 2023, HDI shall 

discuss this issue, including the results 

of all of the above-listed evaluations and 

resulting corrective actions, to the 

following industry working groups: (a) 


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The 2023 National Nuclear Security 

Conference; and (b) Region I Nuclear 

Security Association. The discussion 

shall include reference to any identified 

organizational weaknesses that HDI 

determined contributed to the issue. 

Within 30 days of completing each 

discussion, HDI shall inform the NRC 

that the action is complete by sending 

a letter to the Region I Administrator 

and shall make the presentation 

materials available to the NRC for one 

year after the presentation for review 

during an inspection. 

2. Terms and Conditions To Be Taken 

by NRC 

A. The NRC agrees to issue a reduced 

civil penalty in the amount of $50,000. 

B. The NRC agrees to not issue a 

separate Notice of Violation in addition 

to the Confirmatory Order but, rather, to 

describe the violations in the body of 

the Order instead. 

C. The NRC agrees to include the 

following statement in the Confirmatory 

Order and related communications (i.e., 

press release): As part of this agreement, 

HDI has committed to a number of 

significant actions that are expected to 

improve the security performance of the 

fleet. The NRC notes that, prior to this 

ADR session, HDI initiated some 

measures to address the issues raised by 

the apparent violation. The NRC will 

continue to monitor HDI’s progress in 

this area. 

D. For the NRC’s future civil penalty 

assessment purposes as discussed in the 

NRC Enforcement Policy, the NRC 

agrees that the issuance of this 

Confirmatory Order will not be 

considered as escalated enforcement. 

On January 19, 2022, HDI consented 

to issuing this Confirmatory Order with 

the commitments, as described in 

Section V below. HDI further agreed that 

this Confirmatory Order is to be 

effective upon issuance, the agreement 

memorialized in this Confirmatory 

Order settles the matter between the 

parties, and that it has waived its right 

to a hearing. 

IV 

HDI has committed to a number of 

significant actions that are expected to 

improve the security performance of the 

fleet. The NRC notes that, prior to the 

ADR session, HDI initiated some 

measures to address the issues raised by 

the apparent violations. The NRC will 

continue to monitor HDI’s progress in 

this area. I find that HDI’s actions 

completed, as described in Section III 

above, combined with the commitments 

as set forth in Section V are acceptable 

and necessary, and conclude that, with 

these commitments, the public health 

and safety are reasonably assured. 

In view of the foregoing, I have 

determined that public health and safety 

require that HDI’s commitments be 

confirmed by this Confirmatory Order. 

Based on the above and HDI’s consent, 

this Confirmatory Order is effective 

upon issuance. 

V 

Accordingly, pursuant to Sections 81, 

104b, 161b, 161i, 161o, 182 and 186 of 

the Atomic Energy Act of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202, 10 CFR 

part 50, 10 CFR part 72, and 10 CFR part 

73, it is hereby ordered, effective upon 

issuance, that license No. DPR–16 is 

modified as follows: 

A. Items To Assure Restoration of 

Compliance 

1. Within 60 days of the date of the 

Confirmatory Order, HDI shall prepare a 

report of the maintenance status of all 

in-service and contingency weapons 

that are onsite at Oyster Creek as of the 

date of the Confirmatory Order. The 

report shall specify the dates on which 

each weapon was last test-fired, 

cleaned, serviced, and inspected. 

Within 30 days of completing this 

action, HDI shall inform the NRC that 

the action is complete by sending a 

letter to the Region I Administrator and 

shall make the report available to the 

NRC for review during an inspection. 

2. Within 180 days of the date of the 

Confirmatory Order, HDI shall complete 

a root cause evaluation of the events 

related to the violations at Oyster Creek 

described in this Confirmatory Order in 

accordance with HDI’s corrective action 

program. Within 30 days of completing 

this action, HDI shall inform the NRC 

that the action is complete by sending 

a letter to the Region I Administrator 

and shall make the evaluation available 

to the NRC for review during an 

inspection. 

3. Within 180 days of the date of the 

Confirmatory Order, HDI shall review 

its process for performing and recording 

in-service and out-of-service weapons 

maintenance. The review shall include 

a comparison of Oyster Creek’s process 

versus other nuclear sites, including at 

least one non-HDI nuclear site. The 

evaluation shall identify best practices 

and consider any changes needed at 

Oyster Creek and specify any identified 

corrective actions. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator and shall make the 

results of the evaluation available to the 

NRC for review during an inspection. 

B. Items To Address Wrongdoing 

1. Within 60 days of the date of the 

Confirmatory Order, HDI shall 

communicate this issue to the security 

personnel at Oyster Creek and other HDI 

decommissioning nuclear reactor sites. 

The communication (which may be 

verbal or via written communication) 

will be conducted by the president of 

HDI and shall specify that wrongdoing 

and falsification of records are 

unacceptable and shall also explain the 

specific actions staff must take when 

unable to complete required activities. 

Within 30 days of completing this 

action, HDI shall inform the NRC that 

the action is complete by sending a 

letter to the Region I Administrator. The 

letter shall also describe the content of 

the communication. 

2. Within 180 days of the date of the 

Confirmatory Order, HDI will conduct 

training to be given to Security 

personnel at each of HDI’s nuclear sites. 

The training will: (a) Emphasize the 

importance of complete and accurate 

information for all required records, 

correspondence, and communications 

with the NRC and its staff; (b) 

emphasize individual accountability 

and clearly express that willful or 

deliberate failures to comply with 

regulations, orders, or license 

requirements could result in significant 

individual enforcement by the NRC; and 

(c) reinforce that if any individual 

recognizes a non-compliance, they will 

immediately report the observation of 

the non-compliance. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator and shall make the 

training materials available to the NRC 

for review during an inspection. 

C. Items To Address Armorer Function 

Weaknesses 

1. Within 240 days of the date of the 

Confirmatory Order, HDI shall evaluate 

its implementation of the armorer 

function at Oyster Creek. The evaluation 

shall include review of the staffing and 

responsibilities of the position, the 

methodology for tracking weapons 

maintenance status and activities, and 

supervisory involvement in verifying 

completion of required activities. The 

evaluation shall also include a 

comparison of HDI’s weapons 

maintenance processes versus other 

nuclear reactor sites, including at least 

one non-HDI nuclear reactor site. The 

evaluation shall identify best practices 

and consider any changes needed at 

Oyster Creek and specify any identified 

corrective actions. Within 30 days of 

completing this action, HDI shall inform 


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5872 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator and shall make the 

results of the evaluation available to the 

NRC for review during an inspection. 

2. Within 90 days of completing the 

evaluation described in Item C.1, HDI 

shall communicate (which may be 

verbal or in writing) to HDI Security 

management staff at Oyster Creek the 

results of the evaluation and any 

completed or pending corrective 

actions. Within 30 days of completing 

this action, HDI shall inform the NRC 

that the action is complete by sending 

a letter to the Region I Administrator 

and shall make the content of the 

communication available to the NRC for 

review during an inspection. 

D. Items To Address Implementation of 

Security Program at Oyster Creek 

1. Within 365 days of the date of the 

Confirmatory Order, HDI shall 

administer training to HDI and Holtec 

Security International, LLC (HSI) 

Security staff at Oyster Creek that 

focuses on roles and expectations and 

that reinforces HDI’s responsibility for 

assuring regulatory compliance. The 

training shall also include any insights 

developed from the root cause 

evaluation described in Item A.2. 

Within 30 days of completing this 

action, HDI shall inform the NRC that 

the action is complete by sending a 

letter to the Region I Administrator and 

shall make the training materials 

available to the NRC for review during 

an inspection. 

2. Within 365 days of the date of the 

Confirmatory Order, HDI shall evaluate 

the Oyster Creek security program to 

include the program’s organizational 

effectiveness, the quality and 

effectiveness of site security procedures, 

the security organization’s staffing, 

training, and communication of 

standards, expectations, management 

engagement and oversight, performance 

management, and the results of the root 

cause evaluation. The evaluation shall 

also include a review of the clarity for 

the security staff about lines of 

responsibility and reporting, and the 

performance and quality of how 

individual job performance results are 

evaluated, documented, and 

communicated. The results of the 

evaluation shall be placed in the Oyster 

Creek corrective action program. The 

evaluation team shall be comprised of 

no more than 50% HDI or HSI 

employees and the remaining 

participants shall be from an outside 

organization (such as a utility or 

industry group) including a safety 

culture expert, external to HDI and HSI. 

Within 30 days of completing this 

action, HDI shall inform the NRC that 

the action is complete by sending a 

letter to the Region I Administrator and 

shall make the results of the evaluation 

and any related corrective actions 

available to the NRC for review during 

an inspection. 

E. Items To Address Corporate Security 

Oversight 

1. Within 90 days of the date of the 

Confirmatory Order, HDI shall install a 

Fleet Security Director position with 

sole responsibility for oversight of the 

security operations at all HDI nuclear 

sites. The Site Security Leads shall 

report to the Fleet Security Director and 

the Fleet Security Director shall report 

to the HDI President. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator. HDI shall maintain an 

individual in this position for a period 

of 5 years after the date of the 

Confirmatory Order or until fuel at all 

HDI nuclear sites is in dry storage, 

whichever is sooner. 

2. Within 365 days of the date of the 

Confirmatory Order, HDI shall effect an 

evaluation of HDI’s implementation of 

the corporate security program. The 

evaluation team shall be comprised of 

no more than 50% HDI or HSI 

employees, and the remaining 

participants shall be from an outside 

organization (such as a utility or an 

industry group). The evaluation shall 

assess HSI’s and HDI’s corporate 

security staffing resources, direct and 

indirect oversight, and performance 

management. The evaluation shall 

review the fleet implementation of the 

security programs at each HDI site to 

identify areas of strengths and 

weaknesses. Within 30 days of 

completing this action, HDI shall inform 

the NRC that the action is complete by 

sending a letter to the Region I 

Administrator and shall make the 

results of the evaluation available to the 

NRC for review during an inspection. 

F. Effectiveness Reviews 

1. Within 90 days of completion of the 

evaluation described in D.2, HDI shall 

complete the first of four quarterly 

reviews of the effectiveness of the 

Oyster Creek security program and the 

corrective actions implemented in 

response to this issue. Within 30 days 

of completing each review, HDI shall 

inform the NRC of the completion of the 

review by sending a letter to the Region 

I Administrator. 

2. The effectiveness reviews discussed 

in Item F.1 shall be conducted by a team 

that includes at least one individual 

from outside the HDI or HSI 

organization. For a period of one year 

after completion of the fourth review, 

the documented effectiveness reviews 

shall be made available to the NRC for 

review during an inspection. 

G. External Communication 

1. By December 31, 2023, HDI shall 

discuss this issue, including the results 

of all of the above-listed evaluations and 

resulting corrective actions, to the 

following industry working groups: (a) 

The 2023 National Nuclear Security 

Conference; and (b) Region One Nuclear 

Security Association. The discussion 

shall include reference to any identified 

organizational weaknesses that HDI 

determined contributed to the issue. 

Within 30 days of completing each 

discussion, HDI shall inform the NRC 

that the action is complete by sending 

a letter to the Region I Administrator 

and shall make the presentation 

materials available to the NRC for one 

year after the presentation for review 

during an inspection. 

H. Civil Penalty 

1. Within 30 days of the date of 

issuance of the Confirmatory Order, HDI 

will pay a civil penalty of $50,000 

through one of the following two 

methods: 

a. Submit the payment with the 

enclosed invoice to this Order (EA–21– 

041) to the following address: Office of 

the Chief Financial Officer, U.S. Nuclear 

Regulatory Commission, P.O. Box 

979051, St. Louis, MO 63197 

OR 

b. Submit the payment in accordance 

with NUREG/BR–0254. 

In addition, at the time payment is 

made, the licensee shall submit a 

statement indicating when and by what 

method payment was made, to the 

Director, Office of Enforcement, U.S. 

Nuclear Regulatory Commission, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852–2738. 

This agreement is binding upon 

successors and assigns of HDI. The 

Regional Administrator, Region I may, 

in writing, relax or rescind any of the 

above conditions upon demonstration 

by HDI or its successors of good cause. 

VI 

In accordance with 10 CFR 2.202 and 

10 CFR 2.309, any person adversely 

affected by this Confirmatory Order, 

other than HDI, may request a hearing 

within thirty (30) calendar days of the 

date of issuance of this Confirmatory 

Order. Where good cause is shown, 

consideration will be given to extending 

the time to request a hearing. A request 

for extension of time must be made in 

writing to the Director, Office of 


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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5873 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

and include a statement of good cause 

for the extension. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing and petition for 

leave to intervene (petition), any motion 

or other document filed in the 

proceeding prior to the submission of a 

request for hearing or petition to 

intervene, and documents filed by 

interested governmental entities that 

request to participate under 10 CFR 

2.315(c), must be filed in accordance 

with the NRC’s E-Filing rule (72 FR 

49139; August 28, 2007, as amended at 

77 FR 46562; August 3, 2012). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the internet, or in some 

cases to mail copies on electronic 

storage media. Detailed guidance on 

making electronic submissions may be 

found in the Guidance for Electronic 

Submissions to the NRC and on the NRC 

website at https://www.nrc.gov/sitehelp/e-submittals.html. Participants 

may not submit paper copies of their 

filings unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to (1) request a digital 

identification (ID) certificate, which 

allows the participant (or its counsel or 

representative) to digitally sign 

submissions and access the E-Filing 

system for any proceeding in which it 

is participating; and (2) advise the 

Secretary that the participant will be 

submitting a petition or other 

adjudicatory document (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for the hearing in this proceeding 

if the Secretary has not already 

established an electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public website at https://

www.nrc.gov/site-help/e-submittals/ 

getting-started.html. Once a participant 

has obtained a digital ID certificate and 

a docket has been created, the 

participant can then submit 

adjudicatory documents. Submissions 

must be in Portable Document Format 

(PDF). Additional guidance on PDF 

submissions is available on the NRC’s 

public website at https://www.nrc.gov/ 

site-help/electronic-sub-ref-mat.html. A 

filing is considered complete at the time 

the document is submitted through the 

NRC’s E-Filing system. To be timely, an 

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. Eastern Time on the due date. 

Upon receipt of a transmission, the EFiling system time-stamps the document 

and sends the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed so that they can 

obtain access to the documents via the 

E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

on the NRC’s public website at https:// 

www.nrc.gov/site-help/esubmittals.html, by email to 

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC 

Electronic Filing Help Desk is available 

between 9 a.m. and 6 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing stating why there is good cause for 

not filing electronically and requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted by: (1) First-class 

mail addressed to the Office of the 

Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing adjudicatory 

documents in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket which is 

available to the public at https://

adams.nrc.gov/ehd, unless excluded 

pursuant to an order of the Commission 

or the presiding officer. If you do not 

have an NRC-issued digital ID certificate 

as described above, click ‘‘cancel’’ when 

the link requests certificates and you 

will be automatically directed to the 

NRC’s electronic hearing dockets where 

you will be able to access any publicly 

available documents in a particular 

hearing docket. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

personal phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. For example, in some 

instances, individuals provide home 

addresses in order to demonstrate 

proximity to a facility or site. With 

respect to copyrighted works, except for 

limited excerpts that serve the purpose 

of the adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

The Commission will issue a notice or 

order granting or denying a hearing 

request or intervention petition, 

designating the issues for any hearing 

that will be held and designating the 

presiding officer. A notice granting a 

hearing will be published in the Federal 

Register and served on the parties to the 

hearing. 

If a person (other than HDI) requests 

a hearing, that person shall set forth 

with particularity the manner in which 

his interest is adversely affected by this 

Confirmatory Order and shall address 

the criteria set forth in 10 CFR 2.309(d) 

and (f). 

If a hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an order 

designating the time and place of any 

hearings. If a hearing is held, the issue 

to be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section V above shall be final 30 days 


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5874 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

from the date of this Confirmatory Order 

without further order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section V shall 

be final when the extension expires if a 

hearing request has not been received. 

For the Nuclear Regulatory Commission. 

Raymond K. Lorson, 

Deputy Regional Administrator, NRC Region 

I. 

Dated this 26th day of January, 2022. 

[FR Doc. 2022–02068 Filed 2–1–22; 8:45 am] 

BILLING CODE 7590–01–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

Proposed Information Collection; 

Comment Request 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: 60-Day notice of information 

collection; request for comments. 

SUMMARY: Under the Paperwork 

Reduction Act (PRA) of 1995, the 

Occupational Safety and Health Review 

Commission (OSHRC) offers the public 

and Federal agencies the opportunity to 

comment regarding OSHRC’s intent to 

request an extension of an information 

collection (IC) that was approved 

through emergency clearance 

procedures by the Office of Management 

and Budget in January 2022. The 

information is collected through 

OSHRC’s Request for a Medical 

Exception to the COVID–19 Vaccination 

Requirement form. The IC is assigned 

OMB Control No. 3202–0005, which is 

set to expire on July 31, 2022. This 60- 

Day Notice informs the public and 

Federal agencies that they may submit 

comments to OSHRC regarding this IC. 

DATES: Submit written comments 

regarding this collection of information 

by April 4, 2022. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: OSHRC_Privacy@oshrc.gov. 

Include ‘‘PRA, OMB Control No. 3202– 

0005’’ in the subject line of the message. 

• Fax: (202) 606–5417. 

• Mail: One Lafayette Centre, 1120 

20th Street NW, Ninth Floor, 

Washington, DC 20036–3457. 

• Hand Delivery/Courier: Same as 

mailing address. 

Instructions: All submissions must 

include your name, return address, and 

email address, if applicable. Please 

clearly label submissions as ‘‘PRA, OMB 

Control No. 3202–0005.’’ 

FOR FURTHER INFORMATION CONTACT: 

Privacy Officer, via telephone at (202) 

606–5410, or via email at OSHRC_

Privacy@oshrc.gov. 

SUPPLEMENTARY INFORMATION: To comply 

with Executive Order (E.O.) 14043, 

‘‘Executive Order on Requiring 

Coronavirus Disease 2019 Vaccination 

for Federal Employees’’ (Sept. 9, 2021), 

and guidance from the Safer Federal 

Workforce Task Force, OSHRC created 

and received emergency clearance in 

January 2022 to collect information 

through the following form: ‘‘Request 

for a Medical Exception to the COVID– 

19 Vaccination Requirement.’’ The 

information collected is used to 

determine whether an employee is 

entitled under section 501 of the 

Rehabilitation Act of 1973, 29 U.S.C. 

791, to a medical exception to the 

vaccination requirements for federal 

employees set forth in E.O. 14043. 

The OMB control number assigned to 

this form was obtained through 

emergency clearance and is therefore 

valid for only six months, expiring on 

July 31, 2022. In anticipation of future 

requests from its employees, OSHRC is 

specifically requesting an extension of 

its IC. Prior to submitting an IC request 

to the Office of Information and 

Regulatory Affairs, 5 CFR 1320.8(d)(1) 

requires agencies to provide a 60-day 

notice in the Federal Register and 

‘‘otherwise consult with members of the 

public and affected agencies.’’ Thus, 

through this notice, OSHRC is soliciting 

public comments that include: (1) 

Whether the proposed collection is 

necessary for the agency to perform its 

mission; (2) the accuracy of the 

estimated burden specified below; (3) 

ways for the agency to enhance the 

quality, usefulness, and clarity of the IC; 

and (4) ways for the agency to minimize 

the burden without reducing the quality 

of the IC. 

Title of Collection: Request for a 

Medical Exception to the COVID–19 

Vaccination Requirement. 

OMB Control Number: 3202–0005. 

Form Number: Not applicable. 

Type of Review: Extension of an 

approved collection. 

Affected Public: OSHRC employees. 

Total Estimated Annual Burden 

Hours: 9. 

Estimated Average Burden Hours per 

Respondent: 3. 

Frequency of Response: As required. 

Total Estimated No. of Annual 

Responses: 3. 

Cynthia L. Attwood, 

Chairman. 

[FR Doc. 2022–02124 Filed 2–1–22; 8:45 am] 

BILLING CODE 7600–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of Personnel 

Management. 

ACTION: Notice of modified systems of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Office of 

Personnel Management (OPM) is 

modifying the systems of records listed 

in this notice to incorporate two routine 

uses related to breach of personally 

identifiable information (PII) pursuant 

to the Office of Management and 

Budget’s Memorandum 17–12. The first 

routine use deals with the breach of an 

agency’s own records, and the second 

addresses the disclosure of agency 

records to assist other agencies in their 

efforts to respond to a breach of their 

own records. The new routine use that 

addresses breaches of an agency’s own 

records replaces the one OPM 

previously published November 30, 

2015 at 80 FR 74815. 

DATES: Please submit comments on or 

before March 4, 2022. These new 

routine uses are effective March 9, 2022. 

ADDRESSES: You may submit written 

comments by one of the following 

methods: 

Federal Rulemaking Portal: http://

www.regulations.gov 

All submissions received must 

include the agency name and docket 

number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the internet at http://

www.regulations.gov, as they are 

received, without change, including any 

personal identifiers or contact 

information. Email: privacy@opm.gov. 

FOR FURTHER INFORMATION CONTACT: 

Marc Flaster, Senior Advisor to the 

Chief Privacy Officer, 202–606–2115. 

SUPPLEMENTARY INFORMATION: On 

November 30, 2015, the Office of 

Personnel Management (OPM) 

published a routine use for all of its 

systems of records to permit disclosing 

information when necessary to respond 

to breaches of OPM’s own records. 

Subsequently, on January 3, 2017, the 

Office of Management and Budget 

published Memorandum 17–12, 

Preparing for and Responding to a 

Breach of Personally Identifiable 

Information, which established two 

model routine uses, one on disclosure of 

information related to breaches of an 


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