In the Matter of Troy A. Morehead, 49695-49698 [2016-17921]
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Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. 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.
If a person other than Mr. Dickerson
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
hearing. 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 issuance 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.
Dated this 11th day of July 2016.
Kriss M. Kennedy,
Regional Administrator, Region IV.
[FR Doc. 2016–17920 Filed 7–27–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[IA–16–025; NRC–2016–0149]
In the Matter of Troy A. Morehead
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued a
confirmatory order to Troy A. Morehead
confirming agreements reached in an
Alternative Dispute Resolution
mediation session held on June 3, 2016.
As part of the agreement, Mr. Morehead
has completed and will complete future
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SUMMARY:
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agreed upon actions within 18 months
of the issuance date of the confirmatory
order.
DATES: The confirmatory order was
issued on July 11, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0149 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 Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0149. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions about the Order, 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 publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
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
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John
Kramer, Region IV, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 817–200–
1121; email: John.Kramer@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Arlington, Texas, this 11th day of
July 2016.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator.
United States of America
Nuclear Regulatory Commission
In the Matter of Troy Allen Morehead IA–
16–025 Confirmatory Order
I.
Mr. Troy Allen Morehead is a
radiographer employed by Acuren USA
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49695
in Kenai, Alaska. Acuren USA is the
holder of license 50–32443–01 issued by
the U.S. Nuclear Regulatory
Commission (NRC or Commission)
pursuant to title 10 of the Code of
Federal Regulations (10 CFR) part 30 on
December 17, 2012.
This Confirmatory Order is the result
of an agreement reached between Mr.
Morehead and the NRC during an
alternative dispute resolution (ADR)
mediation session conducted on June 3,
2016.
II.
On August 21, 2014, the NRC’s Office
of Investigations, Region IV Field Office,
initiated an investigation to determine if
radiographers assigned to the Acuren
USA facility in Kenai, Alaska, willfully
conducted radiographic operations
without maintaining direct visual
surveillance of the operation and
without the proper postings. The
investigation was completed on August
17, 2015, and was documented in NRC
Investigation Report 4–2014–043.
Based on the evidence developed
during the investigation, the NRC has
concluded that a violation of 10 CFR
30.10(a)(1) occurred. Specifically, on
April 10, 2014, Mr. Morehead caused
Acuren USA to be in violation of 10
CFR 34.51 and 10 CFR 34.53 by
performing industrial radiographic
operations without conspicuously
posting the area with radiation area and
high radiation area signs, and without
maintaining continuous direct visual
surveillance of the operation to protect
against unauthorized entry into a high
radiation area.
In a letter dated March 24, 2016
(ADAMS Accession No. ML16085A088),
the NRC notified Mr. Morehead of the
results of the investigation, informed
Mr. Morehead that escalated
enforcement action was being
considered for an apparent violation,
and provided Mr. Morehead the
opportunity to attend a predecisional
enforcement conference or to participate
in an ADR mediation session in an effort
to resolve the concern. In response to
the NRC’s offer, Mr. Morehead
requested the use of the NRC’s ADR
process to resolve differences Mr.
Morehead had with the NRC. On June
3, 2016, the NRC and Mr. Morehead met
in an ADR session mediated by a
professional mediator, arranged through
Cornell University’s Institute on
Conflict Resolution. Alternative dispute
resolution is a process in which a
neutral mediator, with no decisionmaking authority, assists the parties in
reaching an agreement on resolving any
differences regarding the dispute. This
Confirmatory Order is issued pursuant
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to the agreement reached during the
ADR process.
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III.
During the ADR session, Mr.
Morehead and the NRC reached a
preliminary settlement agreement. The
elements of the agreement recognized
corrective actions that Mr. Morehead
already completed as described below
and included future agreed upon actions
as follows:
Corrective actions taken by Mr.
Morehead included:
A. Repeated annual refresher training,
which included the following topics:
1. Changes to Acuren USA Operating
and Emergency Manual.
2. Changes to Federal and State
regulations.
3. Department of Transportation
requirements and regulation changes.
4. Security Awareness and Emergency
Planning.
5. Increased controls and 10 CFR part
37.
6. Violation and incident review.
7. Notification procedures.
8. Radiation surveys and
documentation.
9. Equipment maintenance and
documentation.
10. As Low As Reasonably Achievable
(ALARA) commitment.
B. Successfully completed annual
refresher training test for items
described in Section A.
C. Completed training and review of
the following regulatory documents:
1. 10 CFR parts 19, 20, 21, 30, 34, 37,
and 71.
2. New NRC license issued December
17, 2012.
3. ROEM–2011, Revision 1
(Radiographic Operation Emergency
Manual).
4. NRC Form 3 (Notice to Employees).
5. Alaska Department of Health and
Social Services (DHSS), Radiation
Protection.
6. Blank daily radiation reports.
7. Blank Trustworthiness and
Reliability (T&R) escort log.
8. Blank exposure device utilization
sign out sheet.
9. Shipper’s declaration of dangerous
goods.
D. Completed Radiographic Personnel
Training, which included an
examination and follow-up practical
demonstrations of the following:
1. Use of an exposure device.
2. Use of personnel monitoring
equipment.
3. Use of radiographic survey meters.
4. Performance of daily visual
inspections.
5. Demonstration of leak test
procedures.
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6. Instructions of field audit
examinations.
E. Successfully completed training
and examination of:
1. ‘‘Golden Rules’’ of radiography.
2. ‘‘Buddy Check’’ systems.
3. Barrier controls.
F. Completed U.S. Department of
Transportation, Hazmat, Emergency
Planning, and Security Awareness
Training.
G. Subjected to and passed additional
Acuren USA field audits.
The elements of the agreement, as
signed by both parties, consist of the
following:
A. The NRC and Mr. Morehead agreed
that on April 10, 2014, Mr. Morehead
caused Acuren USA to be in violation
of 10 CFR 34.51 and 10 CFR 34.53 by
performing industrial radiographic
operations without conspicuously
posting the area with radiation and high
radiation area signs and without
maintaining continuous direct visual
surveillance of the operation to protect
against unauthorized entry into a high
radiation area. However, the NRC and
Mr. Morehead disagree on the deliberate
characterization of the violation. More
specifically:
1. It is the NRC’s view that the
preponderance of the evidence supports
the proposition that Mr. Morehead
deliberately performed industrial
radiographic operations without
conspicuously posting the area with
radiation and high radiation area signs
and without maintaining continuous
direct visual surveillance of the
operation to protect against
unauthorized entry into a high radiation
area.
2. However, Mr. Morehead disagrees
with the deliberate characterization of
the violation.
B. Within 12 months of the issuance
date of the Confirmatory Order, if
supported by Mr. Morehead’s employer
(currently Acuren USA), Mr. Morehead
will provide training to Acuren USA
radiographers and radiographer’s
assistants.
1. Within 30 days before providing
the training, Mr. Morehead will submit
the training agenda, materials, or
content to the Director, Division of
Nuclear Materials Safety (DNMS),
Region IV.
2. The training (e.g., peer-to-peer,
teleconference, etc.) will convey
personal lessons learned from the
associated issue.
C. Within 18 months of the issuance
date of the Confirmatory Order, Mr.
Morehead will meet with and observe
(i.e., ‘‘shadow’’) a radiation safety officer
as the radiation safety officer performs
observations of the performance of
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radiography crews as described in
Section 34.43(e)(1) of 10 CFR part 34.
1. Mr. Morehead will perform the
field observations of at least four
radiographic operations.
2. The observations will be
conducted, to the extent possible,
without the crew’s knowledge.
3. The observations will be conducted
at temporary job sites (i.e., ‘‘in the
field’’).
4. Mr. Morehead will notify the
Director, DNMS, Region IV, prior to the
observations. This notification will be
made by telephone at 817–200–1106 or
email.
5. Within 1 month of the completion
of each observation, Mr. Morehead will
provide written documentation to the
NRC of the date that the observation
occurred and the details of the
observation (compliances and
noncompliances observed, etc.). The
information will be sent to the Director,
DNMS, 1600 East Lamar Blvd.,
Arlington, Texas 76011–4511.
D. Within 18 months of the issuance
date of the Confirmatory Order, Mr.
Morehead will submit an article to an
industry publication or to a certifying
entity (as defined in 10 CFR 34.3) for
publication.
1. The article will convey personal
lessons learned from the associated
issue and may be co-written with the
other radiographer involved with this
case.
2. Mr. Morehead will provide the
article to the Director, DNMS, Region
IV, 30 days prior to the submission of
the article.
3. Mr. Morehead will provide to the
Director, DNMS, Region IV,
demonstration of at least two attempts
to publish the article, if publication of
the article was not possible.
E. Administrative items.
1. The NRC and Mr. Morehead agree
that the above elements will be
incorporated into a Confirmatory Order.
2. The NRC will consider the order an
escalated enforcement action with
respect to any future enforcement
actions.
3. In consideration of the
commitments delineated above, the
NRC will refrain from issuing a Notice
of Violation to Mr. Morehead for the
violation discussed in NRC
Investigation Report 4–2014–043 and
NRC Inspection Report 030–38596/
2014–001 dated March 24, 2016 (IA–16–
025).
On July 8, 2016, Mr. Morehead
consented to issuing this Confirmatory
Order with the commitments, as
described in Section V below. Mr.
Morehead further agreed that this
Confirmatory Order will be effective
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upon issuance, the agreement
memorialized in this Confirmatory
Order settles the matter between the
parties, and that Mr. Morehead has
waived his right to a hearing.
IV.
I find that Mr. Morehead’s
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 Mr.
Morehead’s commitments be confirmed
by this Confirmatory Order. Based on
the above and Mr. Morehead’s consent,
this Confirmatory Order is effective
upon issuance.
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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. Within 12 months of the issuance
date of the Confirmatory Order, if
supported by Mr. Morehead’s employer
(currently Acuren USA), Mr. Morehead
will provide training to Acuren USA
radiographers and radiographer’s
assistants.
1. Within 30 days before providing
the training, Mr. Morehead will submit
the training agenda, materials, or
content to the Director, DNMS, Region
IV.
2. The training (e.g., peer-to-peer,
teleconference, etc.) will convey
personal lessons learned from the
associated issue.
B. Within 18 months of the issuance
date of the Confirmatory Order, Mr.
Morehead will meet with and observe
(i.e., ‘‘shadow’’) a radiation safety officer
as the radiation safety officer performs
observations of the performance of
radiography crews as described in
Section 34.43(e)(1) of 10 CFR part 34.
1. Mr. Morehead will perform the
field observations of at least four
radiographic operations.
2. The observations will be
conducted, to the extent possible,
without the crew’s knowledge.
3. The observations will be conducted
at temporary job sites (i.e., ‘‘in the
field’’).
4. Mr. Morehead will notify the
Director, DNMS, Region IV, prior to the
observations. This notification will be
made by telephone at 817–200–1106 or
email.
5. Within 1 month of the completion
of each observation, Mr. Morehead will
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provide written documentation to the
NRC of the date that the observation
occurred and the details of the
observation (compliances and
noncompliances observed, etc.). The
information will be sent to the Director,
Division of Nuclear Materials Safety,
1600 East Lamar Blvd., Arlington, Texas
76011–4511.
C. Within 18 months of the issuance
date of the Confirmatory Order, Mr.
Morehead will submit an article to an
industry publication or to a certifying
entity (as defined in 10 CFR 34.3) for
publication.
1. The article will convey personal
lessons learned from the associated
issue and may be co-written with the
other radiographer involved with this
case.
2. Mr. Morehead will provide the
article to the Director, DNMS, Region
IV, 30 days prior to the submission of
the article.
3. Mr. Morehead will provide to the
Director, DNMS, Region IV,
demonstration of at least two attempts
to publish the article, if publication of
the article was not possible within the
18 month period.
The Regional Administrator, Region
IV, may, in writing, relax or rescind any
of the above conditions upon
demonstration by Mr. Morehead 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 Mr. Morehead, may request
a hearing within 30 days of the issuance
date 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 directed 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, a petition for leave
to intervene, 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 participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139, August 28, 2007, as
amended at 77 FR 46562, August 3,
2012), which is codified in pertinent
part at 10 CFR part 2, subpart C. The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
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49697
cases to mail copies on electronic
storage media. 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 ten
(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 documents and access the ESubmittal server for any proceeding in
which it is participating; and (2) advise
the Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued 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
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Electronic Filing Help Desk will not be
able to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System (EIE),
users will be required to install a Web
browser plug-in from the NRC Web site.
Further information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
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should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
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 E-Filing 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 documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Electronic Filing
Help Desk through the ‘‘Contact Us’’
link located on the NRC’s Web site at
https://www.nrc.gov/site-help/
e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a tollfree call to (866) 672–7640. The NRC
Electronic Filing Help Desk is available
between 8 a.m. and 8 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 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,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by first-
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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 NRC’s
electronic hearing docket, which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. 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.
If a person other than Mr. Morehead
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
hearing. 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 issuance 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.
Dated this 11th day of July 2016.
Kriss M. Kennedy,
Regional Administrator, Region IV.
[FR Doc. 2016–17921 Filed 7–27–16; 8:45 am]
BILLING CODE 7590–01–P
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POSTAL SERVICE
Temporary Emergency Committee of
the Board of Governors; Sunshine Act
Meeting
Wednesday, August
10, 2016, at 9:30 a.m.
PLACE: Las Vegas, Nevada.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
DATES AND TIMES:
Wednesday, August 10, 2016, at 9:30
a.m.
1. Strategic Issues.
2. Pricing.
3. Financial Matters.
4. Personnel Matters and
Compensation Issues.
5. Executive Session—Discussion of
prior agenda items and Board
governance.
GENERAL COUNSEL CERTIFICATION: The
General Counsel of the United States
Postal Service has certified that the
meeting may be closed under the
Government in the Sunshine Act.
CONTACT PERSON FOR MORE INFORMATION:
Julie S. Moore, Secretary of the Board,
U.S. Postal Service, 475 L’Enfant Plaza
SW., Washington, DC 20260–1000.
Telephone: (202) 268–4800.
Julie S. Moore.
Secretary.
[FR Doc. 2016–18063 Filed 7–26–16; 4:15 pm]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78396; File No. SR–BATS–
2015–100]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Order Approving a
Proposed Rule Change, as Modified by
Amendment No. 6, To Amend BATS
Rule 14.11(i) To Adopt Generic Listing
Standards for Managed Fund Shares
July 22, 2016.
I. Introduction
On November 18, 2015, BATS
Exchange, Inc. (now known as Bats BZX
Exchange, Inc., ‘‘Exchange’’ or ‘‘BZX’’) 1
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’ or
‘‘Exchange Act’’) 2 and Rule 19b–4
1 In March 2016, BATS changed its name from
‘‘BATS Exchange, Inc.’’ to ‘‘Bats BZX Exchange,
Inc.’’ See Securities Exchange Act Release No.
77307 (Mar. 7, 2016), 81 FR 12996 (Mar. 11, 2016)
(SR–BATS–2016–25) (publishing notice of the name
change to Bats BZX Exchange, Inc.).
2 15 U.S.C. 78s(b)(1).
E:\FR\FM\28JYN1.SGM
28JYN1
]]>Agencies
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49695-49698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17921]
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NUCLEAR REGULATORY COMMISSION
[IA-16-025; NRC-2016-0149]
In the Matter of Troy A. Morehead
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
confirmatory order to Troy A. Morehead confirming agreements reached in
an Alternative Dispute Resolution mediation session held on June 3,
2016. As part of the agreement, Mr. Morehead has completed and will
complete future agreed upon actions within 18 months of the issuance
date of the confirmatory order.
DATES: The confirmatory order was issued on July 11, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0149 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 Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0149. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For questions about the Order,
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 ``ADAMS Public Documents'' and
then 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
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John Kramer, Region IV, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 817-200-
1121; email: John.Kramer@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Arlington, Texas, this 11th day of July 2016.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator.
United States of America
Nuclear Regulatory Commission
In the Matter of Troy Allen Morehead IA-16-025 Confirmatory
Order
I.
Mr. Troy Allen Morehead is a radiographer employed by Acuren USA in
Kenai, Alaska. Acuren USA is the holder of license 50-32443-01 issued
by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant
to title 10 of the Code of Federal Regulations (10 CFR) part 30 on
December 17, 2012.
This Confirmatory Order is the result of an agreement reached
between Mr. Morehead and the NRC during an alternative dispute
resolution (ADR) mediation session conducted on June 3, 2016.
II.
On August 21, 2014, the NRC's Office of Investigations, Region IV
Field Office, initiated an investigation to determine if radiographers
assigned to the Acuren USA facility in Kenai, Alaska, willfully
conducted radiographic operations without maintaining direct visual
surveillance of the operation and without the proper postings. The
investigation was completed on August 17, 2015, and was documented in
NRC Investigation Report 4-2014-043.
Based on the evidence developed during the investigation, the NRC
has concluded that a violation of 10 CFR 30.10(a)(1) occurred.
Specifically, on April 10, 2014, Mr. Morehead caused Acuren USA to be
in violation of 10 CFR 34.51 and 10 CFR 34.53 by performing industrial
radiographic operations without conspicuously posting the area with
radiation area and high radiation area signs, and without maintaining
continuous direct visual surveillance of the operation to protect
against unauthorized entry into a high radiation area.
In a letter dated March 24, 2016 (ADAMS Accession No. ML16085A088),
the NRC notified Mr. Morehead of the results of the investigation,
informed Mr. Morehead that escalated enforcement action was being
considered for an apparent violation, and provided Mr. Morehead the
opportunity to attend a predecisional enforcement conference or to
participate in an ADR mediation session in an effort to resolve the
concern. In response to the NRC's offer, Mr. Morehead requested the use
of the NRC's ADR process to resolve differences Mr. Morehead had with
the NRC. On June 3, 2016, the NRC and Mr. Morehead met in an ADR
session mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution. Alternative dispute
resolution is a process 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
[[Page 49696]]
to the agreement reached during the ADR process.
III.
During the ADR session, Mr. Morehead and the NRC reached a
preliminary settlement agreement. The elements of the agreement
recognized corrective actions that Mr. Morehead already completed as
described below and included future agreed upon actions as follows:
Corrective actions taken by Mr. Morehead included:
A. Repeated annual refresher training, which included the following
topics:
1. Changes to Acuren USA Operating and Emergency Manual.
2. Changes to Federal and State regulations.
3. Department of Transportation requirements and regulation
changes.
4. Security Awareness and Emergency Planning.
5. Increased controls and 10 CFR part 37.
6. Violation and incident review.
7. Notification procedures.
8. Radiation surveys and documentation.
9. Equipment maintenance and documentation.
10. As Low As Reasonably Achievable (ALARA) commitment.
B. Successfully completed annual refresher training test for items
described in Section A.
C. Completed training and review of the following regulatory
documents:
1. 10 CFR parts 19, 20, 21, 30, 34, 37, and 71.
2. New NRC license issued December 17, 2012.
3. ROEM-2011, Revision 1 (Radiographic Operation Emergency Manual).
4. NRC Form 3 (Notice to Employees).
5. Alaska Department of Health and Social Services (DHSS),
Radiation Protection.
6. Blank daily radiation reports.
7. Blank Trustworthiness and Reliability (T&R) escort log.
8. Blank exposure device utilization sign out sheet.
9. Shipper's declaration of dangerous goods.
D. Completed Radiographic Personnel Training, which included an
examination and follow-up practical demonstrations of the following:
1. Use of an exposure device.
2. Use of personnel monitoring equipment.
3. Use of radiographic survey meters.
4. Performance of daily visual inspections.
5. Demonstration of leak test procedures.
6. Instructions of field audit examinations.
E. Successfully completed training and examination of:
1. ``Golden Rules'' of radiography.
2. ``Buddy Check'' systems.
3. Barrier controls.
F. Completed U.S. Department of Transportation, Hazmat, Emergency
Planning, and Security Awareness Training.
G. Subjected to and passed additional Acuren USA field audits.
The elements of the agreement, as signed by both parties, consist
of the following:
A. The NRC and Mr. Morehead agreed that on April 10, 2014, Mr.
Morehead caused Acuren USA to be in violation of 10 CFR 34.51 and 10
CFR 34.53 by performing industrial radiographic operations without
conspicuously posting the area with radiation and high radiation area
signs and without maintaining continuous direct visual surveillance of
the operation to protect against unauthorized entry into a high
radiation area. However, the NRC and Mr. Morehead disagree on the
deliberate characterization of the violation. More specifically:
1. It is the NRC's view that the preponderance of the evidence
supports the proposition that Mr. Morehead deliberately performed
industrial radiographic operations without conspicuously posting the
area with radiation and high radiation area signs and without
maintaining continuous direct visual surveillance of the operation to
protect against unauthorized entry into a high radiation area.
2. However, Mr. Morehead disagrees with the deliberate
characterization of the violation.
B. Within 12 months of the issuance date of the Confirmatory Order,
if supported by Mr. Morehead's employer (currently Acuren USA), Mr.
Morehead will provide training to Acuren USA radiographers and
radiographer's assistants.
1. Within 30 days before providing the training, Mr. Morehead will
submit the training agenda, materials, or content to the Director,
Division of Nuclear Materials Safety (DNMS), Region IV.
2. The training (e.g., peer-to-peer, teleconference, etc.) will
convey personal lessons learned from the associated issue.
C. Within 18 months of the issuance date of the Confirmatory Order,
Mr. Morehead will meet with and observe (i.e., ``shadow'') a radiation
safety officer as the radiation safety officer performs observations of
the performance of radiography crews as described in Section
34.43(e)(1) of 10 CFR part 34.
1. Mr. Morehead will perform the field observations of at least
four radiographic operations.
2. The observations will be conducted, to the extent possible,
without the crew's knowledge.
3. The observations will be conducted at temporary job sites (i.e.,
``in the field'').
4. Mr. Morehead will notify the Director, DNMS, Region IV, prior to
the observations. This notification will be made by telephone at 817-
200-1106 or email.
5. Within 1 month of the completion of each observation, Mr.
Morehead will provide written documentation to the NRC of the date that
the observation occurred and the details of the observation
(compliances and noncompliances observed, etc.). The information will
be sent to the Director, DNMS, 1600 East Lamar Blvd., Arlington, Texas
76011-4511.
D. Within 18 months of the issuance date of the Confirmatory Order,
Mr. Morehead will submit an article to an industry publication or to a
certifying entity (as defined in 10 CFR 34.3) for publication.
1. The article will convey personal lessons learned from the
associated issue and may be co-written with the other radiographer
involved with this case.
2. Mr. Morehead will provide the article to the Director, DNMS,
Region IV, 30 days prior to the submission of the article.
3. Mr. Morehead will provide to the Director, DNMS, Region IV,
demonstration of at least two attempts to publish the article, if
publication of the article was not possible.
E. Administrative items.
1. The NRC and Mr. Morehead agree that the above elements will be
incorporated into a Confirmatory Order.
2. The NRC will consider the order an escalated enforcement action
with respect to any future enforcement actions.
3. In consideration of the commitments delineated above, the NRC
will refrain from issuing a Notice of Violation to Mr. Morehead for the
violation discussed in NRC Investigation Report 4-2014-043 and NRC
Inspection Report 030-38596/2014-001 dated March 24, 2016 (IA-16-025).
On July 8, 2016, Mr. Morehead consented to issuing this
Confirmatory Order with the commitments, as described in Section V
below. Mr. Morehead further agreed that this Confirmatory Order will be
effective
[[Page 49697]]
upon issuance, the agreement memorialized in this Confirmatory Order
settles the matter between the parties, and that Mr. Morehead has
waived his right to a hearing.
IV.
I find that Mr. Morehead's 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
Mr. Morehead's commitments be confirmed by this Confirmatory Order.
Based on the above and Mr. Morehead'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. Within 12 months of the issuance date of the Confirmatory Order,
if supported by Mr. Morehead's employer (currently Acuren USA), Mr.
Morehead will provide training to Acuren USA radiographers and
radiographer's assistants.
1. Within 30 days before providing the training, Mr. Morehead will
submit the training agenda, materials, or content to the Director,
DNMS, Region IV.
2. The training (e.g., peer-to-peer, teleconference, etc.) will
convey personal lessons learned from the associated issue.
B. Within 18 months of the issuance date of the Confirmatory Order,
Mr. Morehead will meet with and observe (i.e., ``shadow'') a radiation
safety officer as the radiation safety officer performs observations of
the performance of radiography crews as described in Section
34.43(e)(1) of 10 CFR part 34.
1. Mr. Morehead will perform the field observations of at least
four radiographic operations.
2. The observations will be conducted, to the extent possible,
without the crew's knowledge.
3. The observations will be conducted at temporary job sites (i.e.,
``in the field'').
4. Mr. Morehead will notify the Director, DNMS, Region IV, prior to
the observations. This notification will be made by telephone at 817-
200-1106 or email.
5. Within 1 month of the completion of each observation, Mr.
Morehead will provide written documentation to the NRC of the date that
the observation occurred and the details of the observation
(compliances and noncompliances observed, etc.). The information will
be sent to the Director, Division of Nuclear Materials Safety, 1600
East Lamar Blvd., Arlington, Texas 76011-4511.
C. Within 18 months of the issuance date of the Confirmatory Order,
Mr. Morehead will submit an article to an industry publication or to a
certifying entity (as defined in 10 CFR 34.3) for publication.
1. The article will convey personal lessons learned from the
associated issue and may be co-written with the other radiographer
involved with this case.
2. Mr. Morehead will provide the article to the Director, DNMS,
Region IV, 30 days prior to the submission of the article.
3. Mr. Morehead will provide to the Director, DNMS, Region IV,
demonstration of at least two attempts to publish the article, if
publication of the article was not possible within the 18 month period.
The Regional Administrator, Region IV, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Morehead
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 Mr. Morehead,
may request a hearing within 30 days of the issuance date 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 directed 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, a petition for leave to intervene, 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 participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007, as amended at 77 FR 46562, August 3, 2012), which is
codified in pertinent part at 10 CFR part 2, subpart C. The E-Filing
process requires participants to submit and serve all adjudicatory
documents over the internet, or in some cases to mail copies on
electronic storage media. 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
ten (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 documents and access the
E-Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (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 NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing the
E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Electronic Filing Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System
(EIE), users will be required to install a Web browser plug-in from the
NRC Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions
[[Page 49698]]
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the documents are 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 E-Filing 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 documents on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before a hearing
request/petition to intervene is filed so that they can obtain access
to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email
at MSHD.Resource@nrc.gov, or by a toll-free call to (866) 672-7640. The
NRC Electronic Filing Help Desk is available between 8 a.m. and 8 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
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, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document 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
NRC's electronic hearing docket, which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. 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.
If a person other than Mr. Morehead 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 hearing. 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
issuance 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.
Dated this 11th day of July 2016.
Kriss M. Kennedy,
Regional Administrator, Region IV.
[FR Doc. 2016-17921 Filed 7-27-16; 8:45 am]
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