32466 Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Notices 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

Dated: May 25, 2022. 

Meghan Jugder, 

Support Services Specialist, Office of 

Administrative Services & Contracts, National 

Endowment for the Arts. 

[FR Doc. 2022–11603 Filed 5–27–22; 8:45 am] 

BILLING CODE 7537–01–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Ocean 

Sciences; Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub., L. 92– 

463, as amended), the National Science 

Foundation (NSF) announces the 

following meeting: 

Name and Committee Code: Proposal 

Review Panel for Ocean Sciences—MidAward Site Visit Review of JRSO for the 

Division of Ocean Sciences (#10752). 

Date and Time: July 19–21, 2022; 9:00 

a.m.–5:00 p.m. (Central). 

Place: JOIDES Resolution Science 

Operator (JRSO); International Ocean 

Discovery Program (IODP), Texas A&M 

University, 1000 Discovery Drive, 

College Station, TX 77845 (In-Person). 

Type of Meeting: Part-Open. 

Contact Persons: James Allan, 

National Science Foundation, 2415 

Eisenhower Avenue, Alexandria, VA 

22314; Telephone: (703) 292–8144. 

Purpose of Meeting: NSF site visit to 

conduct a renewal review during year 3 

of the award period as stipulated in the 

cooperative agreement.. 

Agenda: All times are Central 

Daylight Time (CDT). 

Tuesday, July 19, 2022 

9:00 a.m.–9:15 a.m.: NSF and Panel 

introduction (Open) 

9:15 a.m.–11:00 a.m.: Initial Report of 

the JOIDES Resolution Science 

Operator (JRSO) (Open) 

11:00 a.m.–12:00 p.m.: Co-Chief Review 

Reports for FY2020 and 2021 

(Open) 

12:00 p.m.–1:00 p.m.: Lunch (onsite) 

1:00 p.m.–2:00 p.m.: JRSO response to 

Co-Chief Review Reports (Open; 

break in middle) 

2:00 p.m.–4:00 p.m.: JRSO discussion of 

major challenges and successes in 

the operational context, and how 

they are responding (Open) 

(1) COVID–19 Pandemic Effects and 

Mitigation (Open) 

(2) Rebuilding of the vessel drill rig 

and refurbishment of the thrusters 

and other items (Open) 

(3) Management/oversight of vessel 

and wireline logging contracts 

(Open) 

(4) Scheduling, including clearance 

and environmental issues (Open) 

(5) Staffing science party (Open) 

(6) Management of JRSO staff (Closed) 

4:00 p.m.–5:00 p.m.: Site Visit Panel 

discussion of presentations and 

overnight questions to JRSO 

(Closed) 

Wednesday, July 20, 2022 

9:00 a.m.–10:00 a.m.: Meet with JRSO 

staff (Open) 

10:00 a.m.–11:00 a.m.: JRSO response to 

overnight questions (Open) 

11:00 a.m.–12:00 p.m.: Effectiveness of 

IODP Programmatic Planning 

Structure (Open) 

12:00 p.m.–1:00 p.m.: Lunch (onsite) 

1:00 p.m.–2:00 p.m.: JRSO discussion of 

major challenges in providing 

services and innovation to IODP 

science community, and how they 

are responding (Open) 

2:00 p.m.–4:00 p.m.: JRSO Presentation 

on 5-year post-IODP legacy 

activities (Open) 

4:00 p.m.–5:00 p.m.: Site Visit Panel 

Discussion on Panel Report 

structure and overnight questions to 

JRSO (Closed) 

Thursday, July 21, 2022 

9:00 a.m.–10:00 a.m.: Site Visit Panel 

discussion; work on Report (Closed) 

10:00 a.m.–11:00 a.m.: Response of 

JRSO to Panel questions (Open) 

11:00 a.m.–12:00 p.m.: Site Visit Panel 

discussion; work on Report (Closed) 

12:00 p.m.–1:00 p.m.: Lunch (Closed) 

1:00 p.m.–3:30 p.m.: Site Visit Panel 

discussion; work on Report (Closed) 

3:30 p.m.–4:00 p.m.: Break 

4:00 p.m.–5:00 p.m.: Site Visit Panel 

presents Report and 

Recommendations to JRSO (Closed) 

Reason for Closing: Topics to be 

discussed and evaluated during closed 

portions of the site review will include 

information of a proprietary or 

confidential nature, including technical 

information, and information on 

personnel. These matters are exempt 

under 5 U.S.C. 552b(c), (4) and (6) of the 

Government in the Sunshine Act. 

Dated: May 25, 2022. 

Crystal Robinson, 

Committee Management Officer. 

[FR Doc. 2022–11618 Filed 5–27–22; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–21–061; NRC–2022–0121] 

In the Matter of Ms. Traci Hollingshead 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Confirmatory order; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a 

Confirmatory Order to Ms. Traci 

Hollingshead, an employee of Avera 

McKennan Hospital, to document 

commitments made as part of a 

settlement agreement made between the 

NRC and Ms. Holllingshead following 

an alternative dispute resolution 

mediation session held on April 19, 

2022. The mediation addressed an 

apparent violation involving deliberate 

misconduct which caused Avera 

McKennan to be in violation of NRC 

requirements. Ms. Hollingshead has 

implemented various corrective actions 

to identify the problem and restore 

compliance at Avera McKennan. 

Further, Ms. Hollingshead has 

committed to developing training on the 

events which led to the violation and 

lessons learned from the issue. Ms. 

Hollingshead will present the training to 

Avera McKennan staff and to additional 

outside hospital staff involved in 

nuclear medicine. The Confirmatory 

Order is effective upon issuance. 

DATES: The Confirmatory Order was 

issued on May 19, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2022–0121 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–2022–0121. 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 


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Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Notices 32467 

1Traci Hollingshead’s view on the apparent 

violation is available at ML22117A183. 

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 Ms. Traci 

Hollingshead is available in ADAMS 

under Accession No. ML22130A043. 

• 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 

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: 

Jeremy Groom, Region IV, U.S. Nuclear 

Regulatory Commission, telephone: 

817–200–1182, email: Jeremy.Groom@

nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the Order is attached. 

Dated: May 24, 2022. 

For the Nuclear Regulatory Commission. 

Scott A. Morris, 

Regional Administrator, NRC Region IV. 

Attached—Confirmatory Order 

United States of America 

Nuclear Regulatory Commission 

In the Matter of TRACI HOLLINGSHEAD) 

IA–21–061 

Confirmatory Order 

(Effective Upon Issuance) 

I 

Traci Hollingshead is employed by 

Avera McKennan in Sioux Falls, South 

Dakota. Avera McKennan and Avera 

McKennan/Nuclear Medicine 

(collectively known as Avera McKennan 

or the licensee) are the holders of 

Materials License Nos. 40–16571–01 

and 40–16571–02 respectively, issued 

by the U.S. Nuclear Regulatory 

Commission (NRC or Commission) 

pursuant to Part 30 of Title 10 of the 

Code of Federal Regulations (10 CFR). 

This Confirmatory Order (CO) is the 

result of an agreement reached during 

an Alternative Dispute Resolution 

(ADR) mediation session conducted on 

April 19, 2022. 

II 

On February 13, 2019, the NRC’s 

Office of Investigations (OI) opened an 

investigation (OI case No. 4–2019–007) 

at Avera McKennan. Based on the 

evidence developed during its 

investigation, the NRC identified an 

apparent violation of 10 CFR 30.10(a)(1), 

which requires, in part, that an 

employee of a licensee may not engage 

in deliberate misconduct that causes a 

licensee to be in violation of any rule or 

regulation issued by the Commission, 

i.e., 10 CFR 35.63(a). Traci Hollingshead 

disagrees that a violation of 10 CFR 

35.63(a) occurred and disagrees that 

deliberate misconduct was associated 

with the apparent violation.1 The 

parties agree to disagree on whether the 

violation occurred. By letter dated 

December 21, 2021 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML21354A850), the NRC notified Traci 

Hollingshead of the results of the 

investigation and provided Traci 

Hollingshead with the opportunity to: 

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

attend a predecisional enforcement 

conference, or (3) participate in an ADR 

mediation session in an effort to resolve 

this concern. 

In response to the NRC’s offer, Traci 

Hollingshead requested the use of the 

NRC ADR process. On April 19, 2022, 

the NRC and Traci Hollingshead 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 to 

resolve any differences regarding the 

dispute. This Confirmatory Order is 

issued pursuant to the agreement 

reached during the April 19, 2022 ADR 

session. 

III 

During the ADR session, Traci 

Hollingshead and the NRC reached a 

preliminary settlement agreement. 

The NRC recognizes the corrective 

actions that Traci Hollingshead has 

already implemented associated with 

the apparent violations: 

A. Facilitated the reporting of the 

modified dippers to Avera McKennan 

management. 

B. Performed an informal evaluation 

of the consequences of the modified 

dippers and whether a medical event 

occurred. 

C. Agreed with another manager that 

ordering new dippers and replacement 

of the modified dippers when received 

would be appropriate. 

D. With another manager, 

communicated to technicians that the 

new dippers were ordered and that 

modified dippers should not be used 

after new dippers arrived. 

Additional commitments made in the 

preliminary settlement agreement, as 

signed by both parties, consist of the 

following: 

A. Traci Hollingshead will develop 

live training for Avera McKennan staff 

involved in NRC-regulated material. The 

training will include at least the 

following: (1) A summary of the events 

that led to the discovery of physically 

modified dose calibrators at Avera 

McKennan, (2) the importance of 

compliance with NRC regulations, (3) 

the consequences of engaging in willful 

violations, (4) what to do if there is a 

perceived or actual medical issue that 

conflicts with NRC regulations, and (5) 

any personal lessons-learned associated 

with this issue. The other manager 

involved with Avera McKennan case 

EA–21–027 may co-present the training 

with Traci Hollingshead. This will 

include the following actions: 

1. Within 3 months of the issuance 

date of the Confirmatory Order, Traci 

Hollingshead will submit the training to 

the NRC for approval. 

2. Within 18 months of the NRC 

approval of the training and if 

supported by Avera McKennan, Traci 

Hollingshead will provide a total of five 

live training sessions split between the 

personnel of Avera McKennan (License 

40–16571–01) and Avera McKennan/ 

Nuclear Medicine (License 40–16571– 

02) involved with NRC regulated 

activities. 

3. Within 1 month of the completion 

of each training session, Traci 

Hollingshead will submit to the NRC the 

date of the training, a list of the 

personnel receiving the training, a 

summary of the feedback received on 

the training, and any lessons learned 

from providing the training. 

4. In the event that Avera McKennan 

does not agree to support Traci 

Hollingshead providing any of the five 

training sessions to personnel involved 

with NRC regulated activities, Traci 

Hollingshead will provide a written 

notice to the NRC within 1 month of the 

unwillingness of Avera McKennan to 

support any particular training session. 

The written notice will include the date 

of the notification and any details that 

Avera McKennan provided for not 

supporting the training sessions. 

B. Traci Hollingshead will develop 

three live training sessions, one for each 

of the following: Avera St. Mary’s 

Hospital (40–07328–03), Avera St. 

Luke’s (40–18000–01), and Avera 

Sacred Heart Hospital (40–01683–01) 

that includes at least the following: (1) 

A summary of the events that led to the 


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32468 Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Notices 

discovery of physically modified dose 

calibrators at Avera McKennan, (2) the 

importance of compliance with NRC 

regulations, (3) the consequences of 

engaging in willful violations, (4) what 

to do if there is a perceived or actual 

medical issue that conflicts with NRC 

regulations, and (5) any personal 

lessons-learned associated with this 

issue. The other manager involved with 

Avera McKennan case EA–21–027 may 

co-present the training with Traci 

Hollingshead. 

1. Within 3 months of the issuance 

date of the Confirmatory Order, Traci 

Hollingshead will submit the training to 

the NRC for approval. 

2. Within 18 months of NRC approval 

of the training, Traci Hollingshead will 

provide the three training sessions to 

the licensees identified in Condition B. 

3. Within 1 month of the completion 

of each training session, Traci 

Hollingshead will submit to the NRC the 

date of the training, a list of the 

personnel receiving the training, a 

summary of the feedback received on 

the training, and any lessons learned 

from providing the training. 

4. In the event that Avera McKennan 

or the recipient licensee does not agree 

to support Traci Hollingshead providing 

any of the three training sessions to 

personnel involved with NRC regulated 

activities, Traci Hollingshead will 

provide a written notice to the NRC 

within 1 month of the unwillingness of 

Avera McKennan or the recipient 

licensee to support any particular 

training session. The written notice will 

include the date of the notification and 

any details that Avera McKennan or the 

recipient licensee provided for not 

supporting the training sessions. 

C. Documents that are required to be 

sent to the NRC as a result of the 

Confirmatory Order Conditions will be 

sent to the Director, Division of 

Radiological Safety and Security, U.S. 

Nuclear Regulatory Commission, Region 

IV, by email to R4Enforcement@nrc.gov. 

Based on the completed actions 

described above, and the commitments 

described in Section V below, the NRC 

agrees not to issue a notice of violation 

for the apparent violation discussed in 

the NRC Investigation Report 4–2019– 

007 issued to Traci Hollingshead dated 

December 21, 2021. 

On May 16, 2022, Traci Hollingshead 

consented to issuing this Confirmatory 

Order with the commitments, as 

described in Section V below. Traci 

Hollingshead 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 Traci Hollingshead has 

waived her right to a hearing. 

IV 

I find that the corrective actions Traci 

Hollingshead has already implemented, 

as described in Section III above, 

combined with the commitments as set 

forth in Section V are acceptable and 

necessary, and I 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 Traci Hollingshead’s commitments 

be confirmed by this Confirmatory 

Order. Based on the above and Traci 

Hollingshead’s consent, this 

Confirmatory Order is effective upon 

issuance. 

V 

Accordingly, pursuant to Sections 81, 

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 and 10 CFR part 30, it is 

hereby ordered, effective upon issuance, 

that: 

A. Traci Hollingshead will develop 

live (e.g., in person or virtual) training 

for Avera McKennan staff involved in 

NRC-regulated material. The training 

will include at least the following: (1) A 

summary of the events that led to the 

discovery of physically modified dose 

calibrators at Avera McKennan, (2) the 

importance of compliance with NRC 

regulations, (3) the consequences of 

engaging in willful violations, (4) what 

to do if there is a perceived or actual 

medical issue that conflicts with NRC 

regulations, and (5) any personal 

lessons-learned associated with this 

issue. Shannon Gray may co-present the 

training with Traci Hollingshead. This 

will include the following actions: 

1. Within 3 months of the issuance 

date of the Confirmatory Order, Traci 

Hollingshead will submit the training to 

the NRC for approval. 

2. Within 18 months of the NRC 

approval of the training and if 

supported by Avera McKennan, Traci 

Hollingshead will provide a total of five 

live training sessions split between the 

personnel of Avera McKennan (License 

40–16571–01) and Avera McKennan/ 

Nuclear Medicine (License 40–16571– 

02) involved with NRC regulated 

activities. 

3. Within 1 month of the completion 

of each training session, Traci 

Hollingshead will submit to the NRC the 

date of the training, a list of the 

personnel receiving the training, a 

summary of the feedback received on 

the training, and any lessons learned 

from providing the training. 

4. In the event that Avera McKennan 

does not agree to support Traci 

Hollingshead providing any of the five 

training sessions to personnel involved 

with NRC regulated activities, Traci 

Hollingshead will provide a written 

notice to the NRC within 1 month of 

being informed of Avera McKennan’s 

unwillingness to support any particular 

training session. The written notice will 

include the date of the notification and 

any details that Avera McKennan 

provided for not supporting the training 

sessions. 

B. Traci Hollingshead will develop 

three live (e.g., in person or virtual) 

training sessions, one for each of the 

following hospitals: Avera St. Mary’s 

Hospital (License 40–07328–03), Avera 

St. Luke’s (License 40–18000–01), and 

Avera Sacred Heart Hospital (License 

40–01683–01) that includes at least the 

following: (1) A summary of the events 

that led to the discovery of physically 

modified dose calibrators at Avera 

McKennan, (2) the importance of 

compliance with NRC regulations, (3) 

the consequences of engaging in willful 

violations, (4) what to do if there is a 

perceived or actual medical issue that 

conflicts with NRC regulations, and (5) 

any personal lessons-learned associated 

with this issue. Shannon Gray may copresent the training with Traci 

Hollingshead. 

1. Within 3 months of the issuance 

date of the Confirmatory Order, Traci 

Hollingshead will submit the training to 

the NRC for approval. 

2. Within 18 months of NRC approval 

of the training, Traci Hollingshead will 

provide the three training sessions to 

the licensees identified in Condition B. 

3. Within 1 month of the completion 

of each training session, Traci 

Hollingshead will submit to the NRC the 

date of the training, a list of the 

personnel receiving the training, a 

summary of the feedback received on 

the training, and any lessons learned 

from providing the training. 

4. In the event that Avera McKennan 

or any of the three involved hospitals do 

not agree to support Traci Hollingshead 

providing any of the three training 

sessions to personnel involved with 

NRC regulated activities, Traci 

Hollingshead will provide a written 

notice to the NRC within 1 month of 

being informed of Avera McKennan’s or 

any of the involved hospitals’ 

unwillingness to support any particular 

training session. The written notice will 

include the date of the notification and 

any details that Avera McKennan or the 

recipient licensee provided for not 

supporting the training sessions. 

C. Documents that are required to be 

sent to the NRC as a result of the 


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Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Notices 32469 

Confirmatory Order Conditions will be 

sent to the Director, Division of 

Radiological Safety and Security, U.S. 

Nuclear Regulatory Commission, Region 

IV, by email to R4Enforcement@nrc.gov. 

The Regional Administrator, Region 

IV, may, in writing, relax, rescind, or 

withdraw any of the above conditions 

upon demonstration by Traci 

Hollingshead 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 Traci Hollingshead, 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 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 


khammond on DSKJM1Z7X2PROD with NOTICES
32470 Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Notices 

1Avera McKennan’s view on the apparent 

violations is available at ML22117A183. 

hearing will be published in the Federal 

Register and served on the parties to the 

hearing. 

If a person (other than Traci 

Hollingshead) 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 

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. 

Dated this 19th day of May 2022. 

For the Nuclear Regulatory Commission. 

Scott A. Morris, 

Regional Administrator, NRC Region IV. 

[FR Doc. 2022–11530 Filed 5–27–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 030–11252 and 030–39216; 

License Nos. 40–16571–01 and –02; EA– 

21–027; NRC–2022–0122] 

In the Matter of Avera McKennan 

Hospital 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Confirmatory order; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a 

Confirmatory Order to Avera McKennan 

and Avera McKennan/Nuclear Medicine 

(collectively known as Avera 

McKennan) to document commitments 

made as part of a settlement agreement 

made between the NRC and Avera 

McKennan following an alternative 

dispute resolution mediation session 

held on April 20, 2022. The mediation 

addressed two apparent violations 

involving Avera McKennan’s willful 

failure to accurately determine and 

record the activity of each dosage before 

medical use and the failure to maintain 

required information that was complete 

and accurate. Avera McKennan has 

committed to various measures 

intended to restore its ability to 

accurately measure dose activity, 

monitor the performance of its nuclear 

medicine technologists, and to train its 

employees and contractors on the NRC 

enforcement actions that may result 

from deliberate misconduct. The 

Confirmatory Order is effective upon 

issuance. 

DATES: The Confirmatory Order was 

issued on May 19, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2022–0122 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–2022–0122. 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 Avera McKennan 

is available in ADAMS under Accession 

No. ML22130A588. 

• 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 

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: 

Jeremy Groom, Region IV, U.S. Nuclear 

Regulatory Commission, telephone: 

817–200–1182, email: Jeremy.Groom@

nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the Order is attached. 

Dated: May 24, 2022. 

For the Nuclear Regulatory Commission. 

Scott A. Morris, 

Regional Administrator, NRC Region IV. 

Attached—Confirmatory Order 

United States of America 

Nuclear Regulatory Commission 

In the Matter of: AVERA MCKENNAN, 

AVERA MCKENNAN/NUCLEAR MEDICINE 

Docket No. 030–11252, License No. 40– 

16571–01 

Docket No. 030–39216, License No. 40– 

16571–02 

EA–21–027 

Confirmatory Order Modifying License 

(Effective Upon Issuance) 

I 

Avera McKennan and Avera 

McKennan/Nuclear Medicine 

(collectively known as Avera McKennan 

or the licensee) are the holders of 

Materials License Nos. 40–16571–01 

and 40–16571–02 respectively, issued 

by the U.S. Nuclear Regulatory 

Commission (NRC or Commission) 

pursuant to Part 30 of Title 10 of the 

Code of Federal Regulations (10 CFR). 

The licenses authorize the operation of 

facilities in accordance with conditions 

specified therein. The facilities are 

located on the licensee’s sites in South 

Dakota. 

This Confirmatory Order (CO) is the 

result of an agreement reached during 

an Alternative Dispute Resolution 

(ADR) mediation session conducted on 

April 20, 2022. 

II 

On February 13, 2019, the NRC’s 

Office of Investigations (OI) opened an 

investigation (OI case No. 4–2019–007) 

at Avera McKennan. Based on the 

evidence developed during its 

investigation, the NRC identified two 

apparent violations involving the failure 

to determine, by direct measurement, 

the activity of dosages before medical 

use as required by 10 CFR 35.63(a); and 

the failure to maintain information that 

was complete and accurate in all 

material respects as required by 10 CFR 

30.9. It is Avera McKennan’s view that 

no violation of requirements occurred.1

The parties agree to disagree on whether 

violations occurred. By letter dated 

December 21, 2021 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML21355A366), the NRC notified Avera 

McKennan of the results of the 

investigation and provided Avera 

McKennan with an opportunity to: (1) 


khammond on DSKJM1Z7X2PROD with NOTICES