December 10, 2008 – Federal Register Recent Federal Regulation Documents
Results 1 - 50 of 118
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates
On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. The final rule states that the effective date is December 10, 2008, and that the final rule shall apply to all appeals in which an appeal brief is filed on or after the effective date. On June 9, 2008, the Office published a 60-Day Federal Register Notice requesting the Office of Management and Budget (OMB) to establish a new information collection for BPAI items in the final rule and requesting public comment on the burden impact of the final rule under the provisions of the Paperwork Reduction Act (PRA). On October 8, 2008, the Office published a 30-Day Federal Register Notice stating that the proposal for the collection of information under the final rule was being submitted to OMB and requesting comments on the proposed information collection be submitted to OMB. The proposed information collection is currently under consideration by OMB. Since the review by OMB has not been completed, the Office is hereby notifying the public that the effective and applicability date of the final rule is not December 10, 2008. The effective and applicability dates will be identified in a subsequent notice.
Airworthiness Directives; Boeing Model 707 Airplanes and Model 720 and 720B Series Airplanes
We are revising an earlier proposed airworthiness directive (AD) for all Boeing Model 707 airplanes and Model 720 and 720B series airplanes. The original NPRM would have required performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. The original NPRM resulted from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This action revises the original NPRM by reducing the compliance time for low-utilization airplanes, and including corrective actions that were inadvertently omitted from certain sections. The corrective actions are replacing the o-rings if any leakage is found in the couplings, and replacing the fuel line if any leakage is found in the fuel line. We are proposing this supplemental NPRM to detect and correct failure of the engine fuel suction feed capability of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane.
Airworthiness Directives; Boeing Model 727 Airplanes
We are revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 727 airplanes. The original NPRM would have required performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. The original NPRM resulted from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This action revises the original NPRM by reducing the compliance time for low-utilization airplanes and including corrective actions that were inadvertently omitted from certain sections. The corrective actions are inspecting and repairing or replacing any leaking Gamah fittings with new fittings, and inspecting and repairing any major welded tube assemblies that are leaking. We are proposing this supplemental NPRM to detect and correct failure of the engine fuel suction feed capability of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane.
Proposed Amendment of Class E Airspace; Guam Island, GU and Saipan Island, CQ
This action proposes to remove, rename and expand the Class E airspace areas serving Guam International Airport, Anderson AFB and Saipan Island. Additionally, this proposed action would revoke the Saipan Island Class E surface area since it is no longer required, and expand other controlled airspace areas to protect aircraft conducting instrument approaches to Saipan International Airport. The FAA is proposing these actions to enhance the safety and management of aircraft operations in the vicinity of the Northern Mariana Islands.
TRICARE; Hospital Outpatient Prospective Payment System (OPPS)
This final rule implements a prospective payment system for hospital outpatient services similar to that furnished to Medicare beneficiaries, as set forth in Section 1833(t) of the Social Security Act. The rule also recognizes applicable statutory requirements and changes arising from Medicare's continuing experience with this system including certain related provisions of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. The Department is publishing this rule to implement an existing statutory requirement for adoption of Medicare payment methods for institutional care which will ultimately provide incentives for hospitals to furnish outpatient services in an efficient and effective manner.
General Regulations for Areas Administered by the National Park Service and the Fish and Wildlife Service
This final rulemaking amends regulations codified in 36 CFR part 2 and 50 CFR part 27, which pertain to the possession and transportation of firearms in national park areas and national wildlife refuges. The final rule updates these regulations to reflect state laws authorizing the possession of concealed firearms, while leaving unchanged the existing regulatory provisions that ensure visitor safety and resource protection such as the prohibitions on poaching and limitations on hunting and target practice.
DNA-Sample Collection and Biological Evidence Preservation in the Federal Jurisdiction
The Department of Justice by this publication is amending regulations relating to DNA-sample collection in the federal jurisdiction. This rule generally directs federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States, subject to certain limitations and exceptions. By this rule, the Department is also finalizing, without change, two related interim rules concerning the scope of qualifying federal offenses for purposes of DNA-sample collection and a requirement to preserve biological evidence in federal criminal cases in which defendants are under sentences of imprisonment.
National Institute for Occupational Safety and Health; Decision To Evaluate a Petition To Designate a Class of Employees at the Mallinckrodt Chemical Co., Destrehan Street Plant in St. Louis, MO, To Be Included in the Special Exposure Cohort
The Department of Health and Human Services (HHS) gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Mallinckrodt Chemical Co., Destrehan Street Plant in St. Louis, Missouri, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: Facility: Mallinckrodt Chemical Co., Destrehan Street Plant. Location: St. Louis, Missouri. Job Titles and/or Job Duties: All employees who worked with uranium. Period of Employment: January 1, 1958 to December 31, 1958.
Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort
The Department of Health and Human Services (HHS) gives notice concerning the final effect of the HHS decision to designate a class of employees at Connecticut Aircraft Nuclear Engine Laboratory in Middletown, Connecticut, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On October 24, 2008, as provided for under 42 U.S.C. 7384q(b), the Secretary of HHS designated the following class of employees as an addition to the SEC:
National Institute for Occupational Safety and Health; Decision To Evaluate a Petition To Designate a Class of Employees at the Metallurgical Laboratory in Chicago, IL, To Be Included in the Special Exposure Cohort
The Department of Health and Human Services (HHS) gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Metallurgical Laboratory in Chicago, Illinois, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: Facility: Metallurgical Laboratory. Location: Chicago, Illinois. Job Titles and/or Job Duties: All Atomic Weapons Employer employees. Period of Employment: August 13, 1942 through June 30, 1946.
National Institute for Occupational Safety and Health; Decision To Evaluate a Petition To Designate a Class of Employees at the Vitro Manufacturing in Canonsburg, PA, To Be Included in the Special Exposure Cohort
The Department of Health and Human Services (HHS) gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Vitro Manufacturing in Canonsburg, Pennsylvania, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: Facility: Vitro Manufacturing. Location: Canonsburg, Pennsylvania. Job Titles and/or Job Duties: All Atomic Weapons Employer employees. Period of Employment: August 13, 1942 through December 31, 1957.
Amended Record of Decision: Surplus Plutonium Disposition; Waste Solidification Building
The National Nuclear Security Administration (NNSA), a separately organized agency within the U.S. Department of Energy (DOE), is amending the Record of Decision (ROD) for the Surplus Plutonium Disposition Environmental Impact Statement (SPD EIS) (DOE/EIS-0283, November 1999). In the SPD EIS ROD (65 FR 1608; January 11, 2000), DOE announced decisions for implementing the U.S. Surplus Plutonium Disposition Program, including affirming its January 1997 decision (62 FR 3014) to pursue a hybrid approach for the safe and secure disposition of up to 50 metric tons of surplus weapons-usable plutonium using both immobilization and mixed oxide (MOX) fuel technologies as evaluated in the Storage and Disposition of Weapons-Usable Fissile Materials Programmatic Environmental Impact Statement (Storage and Disposition PEIS) (DOE/EIS-0229, November 1996). Decisions announced in the SPD EIS ROD included construction and operation of three new facilities at the Savannah River Site (SRS) near Aiken, South Carolina, to disposition approximately 17 tons of surplus plutonium using the immobilization approach and the use of up to 33 metric tons as MOX fuel that would be irradiated in commercial reactors. The three new facilities were identified as a pit disassembly and conversion facility (PDCF), an immobilization facility,\1\ and a MOX fuel fabrication facility (MFFF). These facilities as analyzed in the SPD EIS were to be constructed in F-Area at SRS and included capabilities for management of wastes generated as part of the processing activities in each of the facilities. DOE/NNSA is today announcing its decision to construct and operate a standalone building, the waste solidification building (WSB), for treating and solidifying liquid transuranic waste and certain liquid low-level radioactive wastes from MFFF and PDCF, specifically a high-activity (high-alpha) waste stream from MFFF, a low-activity stripped-uranium waste stream from MFFF, and a low-activity laboratory waste stream from PDCF.\2\ This decision is based on the Supplement Analysis for Construction and Operation of a Waste Solidification Building at the Savannah River Site (WSB SA) (DOE/EIS-0283-SA-2) prepared pursuant to DOE procedures implementing the National Environmental Policy Act (NEPA) (10 CFR 1021.314). The WSB SA demonstrates that construction and operation of a standalone WSB represent neither substantial changes relevant to environmental concerns nor significant new circumstances or information relevant to environmental concerns from those evaluated in previous NEPA documents.
Proposed Removal and Modification of VOR Federal Airways; Alaska
This action proposes to remove Federal Airway V-328, and modify three Federal Airways, V-319, V-333 and V-480, in Alaska. The FAA is proposing this action in preparation of the eventual decommissioning from the National Airspace System (NAS) of the Kipnuk, Very High Ommi-directional Range (VOR), Kipnuk, AK.
Extension of Public Comment Period on the Draft Global Nuclear Energy Partnership Programmatic Environmental Impact Statement
On October 17, 2008, DOE published a Notice of Availability and Public Hearings (73 FR 61845) for the Draft Global Nuclear Energy Partnership Programmatic Environmental Impact Statement (Draft GNEP PEIS, DOE/EIS-0396). That notice commenced a 60-day public comment period and provided the schedule for 13 public hearings to receive comments on the Draft GNEP PEIS. Today, DOE announces an extension of the public comment period by 90 days. The public comment period on the Draft GNEP PEIS will end March 16, 2009.
Drawbridge Operation Regulation; Long Island, New York Inland Waterway From East Rockaway Inlet to Shinnecock Canal, Hempstead, NY, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Wantagh State Parkway Bridge across Sloop Channel at mile 15.4, at Jones Beach, New York. Under this temporary deviation the bridge may operate on a limited operating schedule for four months to facilitate the completion of bridge construction.
Quality Assurance Requirements for Respirators; Notice of Proposed Rulemaking
The Department of Health and Human Services (HHS) proposes to update existing quality assurance requirements under 42 CFR Part 84 for the manufacture of all respirators approved by the National Institute for Occupational Safety and Health (``NIOSH'') of Centers for Disease Control and Prevetion (CDC), HHS. The proposed new requirements would require respirator manufacturers to be compliant with a widely adopted voluntary consensus standard for quality management systems, would update technical requirements particular to quality assurance for manufacturing of NIOSH-approved respirators, and would establish requirements governing the related quality assurance oversight activities of NIOSH.
Approval Tests and Standards for Closed-Circuit Escape Respirators; Notice of Proposed Rulemaking
This notice proposes updated requirements that the Department of Health and Human Service's (HHS), Centers for Disease Control and Prevention's (CDC) National Institute for Occupational Safety and Health (NIOSH) would employ to test and approve closed-circuit respirators used for escaping atmospheres considered to be immediately dangerous to life and health, including such respirators required by the Mine Safety and Health Administration (MSHA) for use in underground mines. NIOSH and MSHA jointly review and approve this type of respirator used for mine emergencies under 42 CFR pt. 84, Approval of Respiratory Protective Devices. NIOSH also approves these respirators used in other work environments where escape equipment may be provided to workers, such as vessels operated by U.S. Navy and Coast Guard personnel. The proposed rule would replace only those technical requirements in 42 CFR Part 84Subpart H that are uniquely applicable to closed-circuit escape respirators (CCERs), a subset of the variety of escape respirators presently covered by Subpart H. All other applicable requirements of 42 CFR Part 84 would remain unchanged. The purpose of these updated requirements is to enable NIOSH and MSHA to more effectively ensure the performance, reliability, and safety of CCERs.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Information Collections under the Schools Chemical Cleanout Campaign (SC3)(New); EPA ICR No. 2285.01, OMB Control No. 2050-NEW
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Steel Pickling, HCl Process Facilities and Hydrochloric Acid Regeneration Plants (Renewal), EPA ICR Number 1821.06, OMB Control Number 2060-0419
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Primary Lead Smelters, EPA ICR Number 1856.06, OMB Control Number 2060-0414
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.
Withdrawal of the Regulatory Provisions Governing Targeted Dumping in Antidumping Duty Investigations
Import Administration issues this interim final rule for the purpose of withdrawing the regulatory provisions governing the targeted dumping analysis in antidumping duty investigations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Notice of Pesticide Registration by States to Meet a Special Local Need (SLN) under FIFRA Section 24(c); EPA ICR No. 0595.10, OMB Control No. 2070-0055
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ``Notice of Pesticide Registration by States to Meet a Special Local Need (SLN) under FIFRA Section 24(c)'' and identified by EPA ICR No. 0595.10 and OMB Control No. 2070-0055, is scheduled to expire on August 31, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.
Fenamiphos; Amendment to Use Deletion and Product Cancellation Order
This notice announces EPA's amendment to the order for the cancellation of products, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide fenamiphos, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This amendment follows a June 11, 2008 Federal Register Amendment to Use Deletion and Product Cancellation Order which extended the deadline for persons other than the registrant to sell and distribute two fenamiphos products, Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432- 1291) and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731), from May 31, 2008, until November 30, 2008. These are the last fenamiphos products registered for use in the United States. The Agency subsequently received a request from an end user to extend the sale and distribution deadline for Nemacur 3. The Agency will extend the deadline for persons other than the registrant to sell and distribute Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) until March 31, 2009.
FIFRA Scientific Advisory Panel; Notice of Public Meeting
There will be a 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review a set of scientific issues being considered by the Agency that are associated with the data required to register Plant- Incorporated Protectants (PIP).
Porcelain-on-Steel Cooking Ware from the People's Republic of China: Final Results of Antidumping Duty Administrative Review
On September 8, 2008, the Department of Commerce (``Department'') published the preliminary results of its administrative review of the antidumping duty order on porcelain-on- steel cooking ware from the People's Republic of China (``PRC''), covering the period December 1, 2006, to November 30, 2007. See Porcelain-on-Steel Cooking Ware from the People's Republic of China: Notice of Preliminary Results of Antidumping Duty Administrative Review, 73 FR 52021 (September 8, 2008) (``Preliminary Results''). The Department received no comments on its Preliminary Results. Therefore, the final dumping margin for this review is unchanged from the Preliminary Results, and is listed in the ``Final Results of the Review'' section below.
Modification to the NPDES General Permit for Oil and Gas Exploration, Development and Production Facilities in State and Federal Waters in Cook Inlet, AK, Permit No. AKG-31-5000 (Permit)
On May 25, 2007, EPA issued the final Permit, with an effective date of July 2, 2007 (May 31, 2007, 72 FR 30377). On July 3, 2007, Union Oil Company of California and XTO Energy, Inc. (Petitioners) filed the Petition for Review, challenging three provisions of the Permit (the ``contested terms''), cited below. On the same date, Petitioners filed an Emergency Motion for Stay under Circuit Rule 27-3, requesting the Court stay the contested terms. EPA did not oppose the Emergency Stay and on July 5, 2007, the Court issued an order granting Petitioners' Emergency Motion for Stay. On August 21, 2008, EPA and Petitioners reached a settlement agreement. Under this agreement, EPA published in the Federal Register on October 21, 2008 (73 FR 62497) a proposal to modify the Permit's contest terms by removing the third sentence of Condition II.A.10, the second sentence of Condition II.C.3, and the fourth sentence of Footnote 1 to Table 7-A, from the Permit. Intervenor Cook Inletkeeper did not object to the settlement agreement. The proposed Permit modification was issued to the public for a 30- day comment period, which ended on November 20, 2008. No substantive public comments were received.
Agency Information Collection Activities; Proposed Renewal and Consolidation of Several Currently Approved Collections; Comment Request; Pesticide Registration Fees Program; EPA ICR No. 2330.01, OMB Control No. 2070-new
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew and consolidate several existing approved Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). Before submitting the consolidated ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of this information collection. The consolidated ICR, entitled: ``Pesticide Registration Fees Program'' and identified by EPA ICR No. 2330.01 and OMB Control No. 2070-new, will consolidate the following currently approved ICRs: ``Product Registration Maintenance Fees'' (EPA ICR No. 1214.07, OMB Control No. 2070-0100) and ``Pesticide Registration Fee Waivers (PRIA)'' (EPA ICR No. 2147.03, OMB Control No. 2070-0167).
Ball Bearings and Parts Thereof from Germany: Final Results of Antidumping Duty Changed-Circumstances Review
On May 7, 2008, we published the preliminary results of changed-circumstances review of the antidumping duty order on ball bearings and parts thereof from Germany. See Preliminary Results of Antidumping Duty Changed-Circumstances Review, 73 FR 25663 (May 7, 2008) (Preliminary Results). Interested parties were invited to comment on these preliminary results. After reviewing parties' comments, we have affirmed the preliminary results and find that myonic GmbH is the successor-in-interest to Miniaturkugellager Gesellschaft mit beschr[auml]nkter Haftung (MKL).
Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request by registrants to voluntarily cancel certain pesticide registrations.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2009 and 2010 Harvest Specifications for Groundfish
NMFS proposes 2009 and 2010 harvest specifications and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2009 and 2010 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands management area. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Certain Preserved Mushrooms from the People's Republic of China: Final Results of Antidumping Duty New Shipper Review
On October 3, 2008, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the new shipper review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) for Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (Golden Banyan). See Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review, 73 FR 57597 (October 3, 2008) (Preliminary Results). We gave interested parties an opportunity to comment on the Preliminary Results, but we received no comments. Therefore, the final results do not differ from the preliminary results.
Meeting Announcement: North American Wetlands Conservation Council
The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.
Exchange Visitor Program
The Department of State is proposing to amend the General Provisions (Subpart A) of the existing Exchange Visitor Program regulations in order to provide greater specificity regarding program administration, sponsor obligations and participant eligibility in the Exchange Visitor Program. Certain definitions have been added or deleted. New requirements regarding applications for designation and redesignation, health insurance, the collection of employment authorization information on dependants and the successful completion of criminal background checks on all Responsible Officers and Alternate Responsible Officers are proposed. In addition, the requirements set forth in Subpart F (SEVIS reporting requirements) are consolidated into Subpart A.
Certain Hot-Rolled, Flat-Rolled Carbon Quality Steel Products from Brazil: Final Rescission of Antidumping Duty Administrative Review
In response to a request from Nucor Corporation (``Nucor''), a domestic interested party, the Department of Commerce (``Department'') initiated an administrative review of the antidumping duty order on certain hot-rolled, flat-rolled carbon quality steel products (``hot rolled steel'') from Brazil. This review covers two manufacturer/ exporters of the subject merchandise, Companhia Siderurgica Nacional (``CSN'') and Companhia Siderurgica de Tubarao (``CST''), and covers the period March 1, 2007, through February 29, 2008. No interested party commented on the Department's intent to rescind this review upon determining that the parties subject to this review did not have entries during the period of review (``POR'') for which to assess antidumping duties.
Mississippi Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Mississippi regulatory program (Mississippi program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Mississippi proposed revisions to its regulations and statute regarding ``valid existing rights'' as they pertain to designation of lands as unsuitable for surface coal mining operations. Mississippi intends to revise its program to be consistent with SMCRA.
Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2008-09 Main Hawaiian Islands Bottomfish Total Allowable Catch
NMFS proposes to establish a total allowable catch (TAC) for the 2008-09 fishing year of 241,000 lb (109,316 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI). The TAC would be set in accordance with regulations established to support long-term sustainability of bottomfish in the Hawaiian Archipelago.
Marine Mammals; File No. 13927
Notice is hereby given that Associated Scientists at Woods Hole (ASWH) (Dr. James Hain, Principal Investigator), Box 721, Woods Hole, MA 02543, has applied in due form for a permit to conduct research on North Atlantic right whales (Eubalaena glacialis) and other cetacean species.
Findings of Scientific Misconduct
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: Homer D. Venters, Jr., M.D., University of Illinois at Urbana- Champaign: Based on the report of an investigation conducted by the University of Illinois at Urbana-Champaign (UIUC) and extensive additional image analysis conducted by the Office of Research Integrity (ORI), the U.S. Public Health Service (PHS) found that Dr. Homer D. Venters, former graduate student, Neuroscience Program, UIUC, engaged in scientific misconduct in research supported by National Institute of Mental Health (NIMH), National Institutes of Health (NIH), awards R01 MH051569 and F30 MH12558 and National Institute on Aging (NIA), NIH, award R01 AG06246. Specifically, PHS found that the Respondent committed misconduct in science: By intentionally and knowingly preparing and including duplicate image data in Figures 5 and 10 of PHS fellowship application F31 MH12558, ``Neurodegeneration via TNF-alpha inhibition of IGF-1,'' submitted in 1999, which was funded as F30 MH12558 from June 1, 2000, to May 31, 2003. Because the duplicate data were labeled as having been obtained from different experiments, the results for at least one of the two figures were intentionally falsified and constitute an act of scientific misconduct. By intentionally and knowingly preparing and including duplicate image data in Figure 3 and/or 4 of a manuscript submitted and published as: Venters, H.D., et al. ``A New Mechanism of Neurodegeneration: A Proinflammatory Cytokine Inhibits Receptor Signaling by a Survival Peptide.'' Proceedings of the National Academy of Sciences U.S.A. 96:9879-9884, 1999. By preparing and providing to his dissertation committee in March 2000 a thesis proposal entitled ``An Alternate Mechanism of Neurodegeneration: Silencing of Insulin-like Growth Factor-I survival signals by Tumor Necrosis Factor-[alpha],'' which contained five falsified figures: Figures 1.3, 1.4a, 2.1b, 2.3e, and 2.5b. In each figure, he reused data within the same figure or in another thesis proposal figure as representing differently treated samples or as data obtained with different immunoblotting antisera. In March and April 2001, Respondent included several of the same falsified figures as in the thesis proposal and multiple additional falsified figures in his dissertation ``Silencing of Insulin-like Growth Factor I Neuronal Survival Signals by Tumor Necrosis Factor-[alpha].'' In all, Figures 3.3, 3.4a, 3.4b, 4.1b, 4.3a, 4.5b, 5.1a, 5.2, 5.4a, 5.5a, 5.6a, 5.7a, and 5.8a were falsified. In each instance, he assembled figures by reusing significant data, on some occasions after manipulating the orientation of the data, either within the same figure or in other figures related to his thesis and represented the data falsely as coming from different samples or different experiments. Dr. Venters has entered into a Voluntary Settlement Agreement (Agreement) in which he has voluntarily agreed, for a period of three (3) years, beginning on November 19, 2008: (1) That any institution that submits an application for PHS support for a research project on which the Respondent's participation is proposed or that uses the Respondent in any capacity on PHS- supported research, or that submits a report of PHS-funded research in which the Respondent is involved, must concurrently submit a plan for monitoring of the Respondent's research to the funding agency and ORI for approval; the monitoring plan must be designed to ensure the scientific integrity of the Respondent's research contribution; Respondent agreed that he will not participate in any PHS-supported research until such a monitoring plan is submitted to ORI and the funding agency; (2) That Respondent will ensure that any institution employing him will submit to ORI, in conjunction with each application for PHS funds or report, manuscript, or abstract of PHS-funded research in which the Respondent is involved, a certification that the data provided by the Respondent are based on actual experiments or are otherwise legitimately derived, and that the data analyses, procedures, and methodology are accurately reported in the application or report; Respondent must ensure that the institution sends a copy of each certification to ORI; and (3) To exclude himself 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 or contractor to PHS. Respondent also voluntarily agreed that within 30 days of the effective date of this Agreement: (4) He will submit a letter to the journal editor, with copies to his coauthors, identifying his falsification of Figures 3 and/or 4 in the following article: Venters et al. ``A New Mechanism of Neurodegeneration: A Proinflammatory Cytokine Inhibits Receptor Signaling by a Survival Peptide.'' Proceedings of the National Academy of Sciences 96:9879-9884, 1999.
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