Findings of Research Misconduct, 70966-70967 [E6-20754]

Download as PDF sroberts on PROD1PC70 with NOTICES 70966 Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Notices Commission (‘‘Commission’’) by R.O. White & Company, Inc. and Ceres Marine Terminals, Inc. (‘‘Complainants’’), against the Port of Miami Terminal Operating Company, L.L.C. (‘‘POMTOC’’); Continental Stevedoring & Terminals, Inc.; Florida Stevedoring, Inc.; P&O Ports North America, Inc.; P&O Ports Florida, Inc.; Eller-Ito Stevedoring Company, L.L.C.; and Dante B. Fascell Port of Miami– Dade, aka Miami–Dade County Seaport Department (‘‘Respondents’’). Complainants assert that Ceres Marine Terminals, Inc. performs stevedoring and/or marine terminal services at numerous ports in the United States and Canada, and R.O. White & Company is a wholly owned subsidiary of Ceres who holds a permit issued by Respondent Miami–Dade County Seaport Department (‘‘The Port’’) to perform stevedoring services at the Port. Complainants assert that all of the Respondents are marine terminal operators as defined in Section 3(14) of the Shipping Act of 1984 (‘‘The Act’’), 46 U.S.C. 40102(14). Complainants contend that Respondents have violated the Shipping Act in several ways. First, they contend that Respondents, who are parties to FMC Agreement No. 224–200616, have violated sections 5(a), 10(a)(2), and 10(a)(3) of the Act (46 U.S.C. 40302(a), 41102(b)(1) and (b)(2)) by: ‘‘failing to file their actual agreements; operating pursuant to agreements that were required to be filed, but not filed; operating outside and/or contrary to the terms of their filed agreement; and collectively agreeing to refuse R.O. White permission to perform stevedoring services at POMTOC facilities.’’ (Complaint at 11–12). Second, Complainants assert that POMTOC and/or its members 1 have violated sections 10(b)(10), 10(d)(1), 10(d)(3), and 10(d)(4) of the Act (46 U.S.C. 41104(10), 41102(c), 41106(3) and 41106(2)) by: Using POMTOC as a device to exclude competition for stevedoring services; precluding ocean common carriers from using R.O. White as their stevedore; refusing to allow R.O. White to use its Port-granted license to perform stevedoring services at POMTOC; requiring common carriers to use only POMTOC members for stevedoring services; and ‘‘denying R.O. White access to POMTOC while allowing access to other entities for the same or similar purposes.’’ (Complaint at 12). Third, Complainants assert that the Port violated sections 10(b)(10), 10(d)(1), 10(d)(3), and 10(d)(4) of the 1 POMTOC is a marine terminal services provider that was formed by four of the Respondents. VerDate Aug<31>2005 17:29 Dec 06, 2006 Jkt 211001 Act (46 U.S.C. 41104(10), 41102(c), 41106(3) and 41106(2)) by: ‘‘failing to prevent other Respondents from engaging in the unlawful conduct alleged in Counts I and II above; failing to ensure access by qualified stevedores to the only public, multi-user cargo terminal at the Port’’; (Complaint at 13) and failing to re-evaluate the current process and competitive structure for providing stevedore services at the Port. Complainants pray that the Commission require Respondents to answer to the charges, order Respondents to cease and desist the aforesaid violations, establish and put in force such practices and policies as the Commission determines to be lawful and reasonable; require Respondents to pay reparations to Complainants for the unlawful conduct including interest and attorney’s fees, and to make any further order or orders the Commission determines to be proper. This proceeding has been assigned to the Office of Administrative Law Judges. Hearing in this matter, if any is held, shall commence within the time limitations prescribed in 46 CFR 502.61, and only after consideration has been given by the parties and the presiding officer to the use of alternative forms of dispute resolution. The hearing shall include oral testimony and crossexamination in the discretion of the presiding officer only upon proper showing that there are genuine issues of material fact that cannot be resolved on the basis of sworn statements, affidavits, depositions, or other documents or that the nature of the matter in issue is such that an oral hearing and crossexamination are necessary for the development of an adequate record. Pursuant to the further terms of 46 CFR 502.61, the initial decision of the presiding officer in this proceeding shall be issued by November 30, 2007, and the final decision of the Commission shall be issued by March 10, 2008. By the Commission. Bryant L. VanBrakle, Secretary. [FR Doc. E6–20757 Filed 12–6–06; 8:45 am] BILLING CODE 6730–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Findings of Research Misconduct AGENCY: Office of the Secretary, HHS. ACTION: Notice. SUMMARY: Notice is hereby given that the Office of Research Integrity (ORI) PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 and the Assistant Secretary for Health have taken final action in the following case: Jennifer Blaisdell, University of Pennsylvania and Retinal Consultants of Arizona, Ltd.: Based on the report of an investigation conducted by the University of Pennsylvania (UP) and additional analysis conducted by ORI in its oversight review, the U.S. Public Health Service (PHS) found that Ms. Jennifer Blaisdell, former Clinical Coordinator for Retinal Consultants of Arizona, Ltd. (RCA), committed research misconduct in a study sponsored by two cooperative agreements funded by the National Eye Institute (NEI), National Institutes of Health (NIH): U10 EY012261, ‘‘Agerelated Macular Degeneration Prevention Trial,’’ Dr. Stuart Fine, Principal Investigator (P.I.), and U10 EY012279, ‘‘Coordinating Center for AMD, Complications of Age-Related Macular Degeneration Prevention Trial’’ (CAPT), Dr. Maureen McGuire, P.I. Specifically, PHS found that Ms. Blaisdell knowingly and intentionally committed research misconduct by: 1. Fabricating a CAPT data form dated 5/29/02 reporting a 30-month telephone follow-up visit with patient 01–026; this patient died on 5/3/02; 2. Fabricating a CAPT data form dated 2/20/03 reporting a 43-month telephone follow-up visit with patient 01–019; this patient died on 2/10/03; 3. Falsifying a CAPT data form dated 2/13/01 reporting a visit to the clinic on that date for patient 01–049; this patient’s visit was 2/20/01; 4. Falsifying the CAPT form for patient 01–055 dated 4/11/01, when no clinic visit took place, by substituting information purportedly obtained at a non-study visit on 2/28/01. Ms. Blaisdell has entered into a Voluntary Exclusion Agreement in which she has voluntarily agreed, for a period of two (2) years, beginning on November 14, 2006: (1) To exclude herself from serving in any advisory capacity to PHS, including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant; and (2) That any institution that submits an application for PHS support for a research project on which Ms. Blaisdell’s participation is proposed or which uses her in any capacity on PHS supported research, or that submits a report of PHS-funded research in which she is involved, must concurrently submit a plan for supervision of Ms. Blaisdell’s duties to the funding agency for approval. The supervisory plan must be designed to ensure the scientific E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Notices integrity of her research contribution. Ms. Blaisdell also agrees to ensure that the institution submits a copy of the supervisory plan to ORI. She further agrees that she will not participate in any PHS-supported research until such a supervisory plan is submitted to ORI. FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852, (240) 453–8800. Chris B. Pascal, Director, Office of Research Integrity. [FR Doc. E6–20754 Filed 12–6–06; 8:45 am] BILLING CODE 4150–31–P Dated: December 1, 2006. Alvin Hall, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E6–20755 Filed 12–6–06; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention BILLING CODE 4163–18–P National Center for Environmental Health/Agency for Toxic Substances and Disease Registry sroberts on PROD1PC70 with NOTICES The Program Peer Review Subcommittee of the Board of Scientific Counselors (BSC), Centers for Disease Control and Prevention (CDC), National Center for Environmental Health/ Agency for Toxic Substances and Disease Registry (NCEH/ATSDR): Teleconference. In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), CDC, NCEH/ATSDR announces the following subcommittee meeting: Time and Date: 8:30 a.m.–10:30 p.m. Eastern Standard Time, December 19, 2006. Place: The teleconference will originate at NCEH/ATSDR in Atlanta, Georgia. To participate, dial 877/315–6535 and enter conference code 383520. Purpose: Under the charge of the BSC, NCEH/ATSDR, the PPRS will provide the BSC, NCEH/ATSDR with advice and recommendations on NCEH/ATSDR program peer review. They will serve the function of organizing, facilitating, and providing a longterm perspective to the conduct of NCEH/ ATSDR program peer review. Matters to be Discussed: An overview of PPRS activities; a review of the November meeting; an update on the Site Specific Activities Peer Review; re-visit approval of the Peer Reviewer Conflict-of-interest Form; and a discussion on Preparedness and Emergency Response Peer Review scheduled for February 2007: Breadth and approach of the review, areas of expertise required for the review, nominations for a PPRS panel member, a chairperson, peer reviewers, partners, and customers. Agenda items are subject to change as priorities dictate. SUPPLEMENTARY INFORMATION: Public comment period is scheduled for 9:35– 9:45 a.m. Due to programmatic matters, VerDate Aug<31>2005 17:29 Dec 06, 2006 Jkt 211001 this Federal Register Notice is being published on less than 15 calendar days notice to the public (41 CFR 102– 3.150(b)). FOR FURTHER INFORMATION CONTACT: Sandra Malcom, Committee Management Specialist, Office of Science, NCEH/ATSDR, M/S E–28, 1600 Clifton Road, NE., Atlanta, Georgia 30333, telephone 404/498–0622. The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities for both CDC and NCEH/ATSDR. DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Report of a Modified or Altered System of Records AGENCY: Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of a Modified or Altered System of Records (SOR). SUMMARY: In accordance with the requirements of the Privacy Act of 1974, CMS is proposing to modify or alter existing system of records titled ‘‘Medicare Exclusion Database’’ (MED), System No. 09–70–0534,’’ established at 67 Federal Register 8810 (February 26, 2002). We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. Published routine use number 2 and 3 will be combined as one because both are written to complete the same or similar purpose. Disclosures allowed by published routine uses numbers 2, and 3 will be covered by a new routine use numbered 2 to permit release of information to ‘‘another Federal and/or State agency, agency of a State PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 70967 government, an agency established by State law, or its fiscal agent.’’ The scope of this routine use has been broadened to include State Medicaid agencies when disclosure of the information proved compatible with the purpose for which CMS collects the information. We will delete routine use number 5 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the ‘‘prior written consent’’ of the data subject. Finally, we will delete the section titled ‘‘Additional Circumstances Affecting Routine Use Disclosures,’’ that addresses ‘‘Protected Health Information (PHI)’’ and ‘‘small cell size.’’ The requirement for compliance with HHS regulation ‘‘Standards for Privacy of Individually Identifiable Health Information’’ does not apply because this system does not collect or maintain PHI. In addition, our policy to prohibit release if there is a possibility that an individual can be identified through ‘‘small cell size’’ is not applicable to the data maintained in this system. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS’s intention to disclose individualspecific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Public Law 108– 173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of this system of records is to collect and maintain information on individuals that have been excluded from receiving Medicare payments for any item or service furnished during the period when excluded from participation in the Medicare program. Information maintained in this system will also be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the Agency or by a contractor, consultant or CMS grantee; (2) assist another Federal or State agency, agency of a State government, an agency established by State law, or its fiscal agent; (3) facilitate research on the quality and effectiveness of care E:\FR\FM\07DEN1.SGM 07DEN1

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[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Notices]
[Pages 70966-70967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20754]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Research Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Office of Research Integrity 
(ORI) and the Assistant Secretary for Health have taken final action in 
the following case:
    Jennifer Blaisdell, University of Pennsylvania and Retinal 
Consultants of Arizona, Ltd.: Based on the report of an investigation 
conducted by the University of Pennsylvania (UP) and additional 
analysis conducted by ORI in its oversight review, the U.S. Public 
Health Service (PHS) found that Ms. Jennifer Blaisdell, former Clinical 
Coordinator for Retinal Consultants of Arizona, Ltd. (RCA), committed 
research misconduct in a study sponsored by two cooperative agreements 
funded by the National Eye Institute (NEI), National Institutes of 
Health (NIH): U10 EY012261, ``Age-related Macular Degeneration 
Prevention Trial,'' Dr. Stuart Fine, Principal Investigator (P.I.), and 
U10 EY012279, ``Coordinating Center for AMD, Complications of Age-
Related Macular Degeneration Prevention Trial'' (CAPT), Dr. Maureen 
McGuire, P.I.
    Specifically, PHS found that Ms. Blaisdell knowingly and 
intentionally committed research misconduct by:
    1. Fabricating a CAPT data form dated 5/29/02 reporting a 30-month 
telephone follow-up visit with patient 01-026; this patient died on 5/
3/02;
    2. Fabricating a CAPT data form dated 2/20/03 reporting a 43-month 
telephone follow-up visit with patient 01-019; this patient died on 2/
10/03;
    3. Falsifying a CAPT data form dated 2/13/01 reporting a visit to 
the clinic on that date for patient 01-049; this patient's visit was 2/
20/01;
    4. Falsifying the CAPT form for patient 01-055 dated 4/11/01, when 
no clinic visit took place, by substituting information purportedly 
obtained at a non-study visit on 2/28/01.
    Ms. Blaisdell has entered into a Voluntary Exclusion Agreement in 
which she has voluntarily agreed, for a period of two (2) years, 
beginning on November 14, 2006:
    (1) To exclude herself from serving in any advisory capacity to 
PHS, including but not limited to service on any PHS advisory 
committee, board, and/or peer review committee, or as a consultant; and
    (2) That any institution that submits an application for PHS 
support for a research project on which Ms. Blaisdell's participation 
is proposed or which uses her in any capacity on PHS supported 
research, or that submits a report of PHS-funded research in which she 
is involved, must concurrently submit a plan for supervision of Ms. 
Blaisdell's duties to the funding agency for approval. The supervisory 
plan must be designed to ensure the scientific

[[Page 70967]]

integrity of her research contribution. Ms. Blaisdell also agrees to 
ensure that the institution submits a copy of the supervisory plan to 
ORI. She further agrees that she will not participate in any PHS-
supported research until such a supervisory plan is submitted to ORI.

FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative 
Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 
750, Rockville, MD 20852, (240) 453-8800.

Chris B. Pascal,
Director, Office of Research Integrity.
 [FR Doc. E6-20754 Filed 12-6-06; 8:45 am]
BILLING CODE 4150-31-P

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