January 23, 2009 – Federal Register Recent Federal Regulation Documents

This notice announces our decision to approve the Accreditation Commission for Health Care, Incorporated (ACHC) for continued recognition as a national accreditation program for home health agencies (HHAs) seeking to participate in the Medicare or Medicaid programs.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This notice provides an update of the HHS poverty guidelines to account for last calendar year's increase in prices as measured by the Consumer Price Index.

The Department of Veterans Affairs (VA) is announcing the availability of funds for currently operational VA Grant and Per Diem Special Need Grant Recipients in conjunction with their collaborative VA Special Need partners and currently operational VA Grant and Per Diem Special Need Grant Recipients which do not involve a collaborative effort to make re-applications for assistance under the Special Need Grant Component of VA's Homeless Providers Grant and Per Diem (GPD) Program. The focus of this NOFA is to encourage applicants to continue to deliver services to the homeless Special Need veteran population. This Notice contains information concerning the program, application process, and amount of funding available.

On October 1, 2008, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on refined brown aluminum oxide (RBAO) from the People's Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department conducted an expedited (120-day) sunset review of this order. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice.

The Assistant Secretary for Vocational and Adult Education proposes requirements, definitions, and selection criteria under the Native Hawaiian Career and Technical Education Program. The Assistant Secretary may use these requirements, definitions, and selection criteria in competitions in fiscal year (FY) 2009 and later years. The requirements, definitions, and selection criteria proposed in this notice are very similar to those we used in the first competition we held (in FY 2007) for this program following the enactment in August 2006 of the Carl D. Perkins Career and Technical Education Act of 2006 (Act). For that competition, we established the requirements, definitions, and selection criteria pursuant to a waiver of rulemaking under the authority of section 457(d) of the General Education Provisions Act. In this notice we are publishing and requesting public comment on proposed requirements, definitions, and selection criteria for NHCTEP that will govern a second competition, and may also govern subsequent competitions, for this program.

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: Luk Van Parijs, PhD, Harvard Medical School, Brigham and Women's Hospital, California Institute of Technology, and Massachusetts Institute of Technology: Based on the reports of separate investigations conducted by Harvard Medical School (HMS)/Brigham and Women's Hospital (BWH), California Institute of Technology (CalTech), and Massachusetts Institute of Technology (MIT) and additional analysis conducted by the Office of Research Integrity (ORI) in its oversight review, the U.S. Public Health Service (PHS) found that Dr. Luk Van Parijs, former Graduate Student, Department of Pathology, HMS, former Research Fellow and Instructor of Pathology, BWH, former Postdoctoral Fellow, Department of Biology, CalTech, and former Associate Professor, Department of Biology, Center for Cancer Research, MIT, engaged in scientific misconduct in research supported by National Institute of Allergy and Infectious Diseases (NIAID), National Institutes of Health (NIH), grants U19 AI56900, R21 AI49897, R01 AI42100, P01 AI35297, R37 AI25022, R01 AI32531, National Cancer Institute, NIH, grant R01 CA51462, and National Institute of Environmental Health Sciences (NIEHS), NIH, grant P30 ES02109, and National Institute of General Medical Sciences (NIGMS), NIH, grant R01 GM57931. PHS found that Respondent engaged in scientific misconduct by including false data in NIAID, NIH, grant applications R01 AI54519- 01A1, R01 AI54973-01, and R01 AI54973-01A1, NCI, NIH, grant application 2P30 CA14051-34, and National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), NIH, grant application R21 DK69277-01. Specifically, PHS found that Respondent engaged in scientific misconduct by including false data in seven published papers, three submitted papers (with two earlier versions submitted for one of these), one submitted book chapter, and multiple presentations as follows: 1. While at HMS/BWH, Dr. Luk Van Parijs falsified the expression of IFN-[gamma] and KJ-126 in flow cytometry dot plots for the immunized, naive, tolerized and tolerized + IL-12 experimental groups in Figure 4, JEM 186:1119-1128, 1997, by using the same non-stained cell population in the lower left quadrant to falsely represent CD4+ T cells negative for IFN-[gamma] and KJ-126 in each experimental group. 2. That Dr. Luk Van Parijs falsified the expression of different proteins in flow cytometry dot plots in Figure 1, Immunity, 8:265-274, 1998, in Figure 1C, Immunity, 11:281-288, September 1999, and in Figure 5, Immunity 11:763-770, December 1999, by using portions of the same dot plot to represent different cell populations expressing different proteins. Specifically: a. While at HMS/BWH, Dr. Van Parijs used portions of the same dot plot to represent T cell populations expressing the 3A9 T cell receptor and CD4+ (top panel) or CD8+ (bottom panel) in 3A9+ (wild type), in 3A9/lpr (Fas-), or in 3A9/gld (FasL-) transgenic mice in Figure 1, Immunity 1998, where: i. The CD4/3A9 dot plots for the 3A9+ and 3A9/gld transgenic mice were the same, and the 3A9+ dot plot was a subset of the 3A9/lpr dot plot; ii. The CD8/3A9 dot plots for the 3A9+ and 3A9/lpr transgenic mice were the same in the lower left and lower right quadrants, and the 3A9/ gld dot plot was a subset of the wild type dot plot b. While at CalTech, Dr. Van Parijs used portions of the same dot plot to represent the expression of hIL-2R[beta] and GFP in T cells infected with WT or [Delta]355+8F IL-2R mutant in Figure 1C, Immunity, September 1999, where the [Delta]355+8F dot plot was a subset of the WT dot plot c. While at CalTech, Dr. Van Parijs used portions of the same dot plot to represent the expression of B220 and IgM in infected (GFP+) and not infected (GFP-) spleen cells isolated from reconstituted mice in Figure 5, Immunity, December 1999, where the Infected (GFP+) dot plot for control mice was a subset of the Not Infected (GFP-) dot plot for FLIP mice. 3. While at MIT, Dr. Luk Van Parijs falsely claimed in the text of RNA Interference Technology (Cambridge University Press, July 2004) and in Figure 2 of Nature Genetics 33:401-406 (2003) that experiments depicting the functional silencing of genes in hematopoietic stem cells (HSCs) and in non-cycling dendritic cells by lentiviral-mediated RNAi were performed, when they were not. Specifically, in Nature Genetics: a. Figure 2b falsely showed the transduction of bone marrow-derived dendritic cells infected with pLL3.7 Bim by flow cytometry, and knockdown of Bim expression by Western blot b. Figure 2d falsely showed the efficiency of pLL3.7 CD8 lentiviral infection in HSCs by flow cytometry for GFP expression (left panel), and falsely showed stable gene expression in progeny by flow cytometry for GFP expression in spleen cells from chimeras derived from infected HSCs (right panel) c. Figure 2e falsely showed the reduction of CD8+ T cells in spleen cells from chimeras derived from pLL3.7 CD8 infected HSCs (right panel) and controls (left panel). 4. While at MIT, Dr. Luk Van Parijs falsified figures in grant applications submitted to the National Institutes of Health (NIH), a presentation in 2003, and Figure 6A, Immunity 19:243-255 (2003), by falsely claiming that the image in the figure represented an immunoprecipitation assay for Ras-GTP and a Western blot for total Ras protein, when it actually represented a Western blot for Bcl-2 and [beta]-actin in T cells, previously published as Figure 5C, J. Immunol., 168:597-603 (2002). Dr. Van Parijs also admitted to falsification or fabrication of data in multiple submitted manuscripts, grant applications submitted to NIH, and presentations as follows. 5. While at MIT, Dr. Luk Van Parijs admitted that in multiple presentations and submitted manuscripts in 2004, he falsely claimed that the bifunctional lentiviral vectors, U6-shRNA-rat insulin promoter (RIP)-Myc had been made, when they had not, and that transgenic mice carrying these lentiviral vectors with shRNA silencing Bim or Pten proteins in pancreatic cells showed accelerated tumorigenesis and death. 6. While at MIT, Dr. Luk Van Parijs admitted that in multiple presentations in 2003 and 2004 and in grant application R21 DK69277-01 submitted to NIH in 2003, he falsely claimed that the number of CD8+ T cells and the incidence of diabetes was reduced by silencing CD8 expression with the pLL3.7 CD8 lentivirus in non-obese diabetic (NOD) transgenic mice, when the NOD transgenic mice data did not exist. 7. While at MIT, Dr. Luk Van Parijs admitted that in multiple presentations, submitted manuscripts, and grant applications submitted to NIH in 2004, he falsely claimed that transgenic mice had been generated with the mono-functional lentiviral vectors with c-Myc, Ras or Akt under the control of the CD4 promoter, when they had not, and that transgenic mice had been generated with the bi-functional lentiviral vectors with CD4-c-Myc, Ras or Akt- and U6-shRNAs targeting luciferase, Bcl-2, or Bim proteins, when they had not. The effect of these misrepresentations was the reported false conclusion that a cytokine-stimulated proto- oncogene network regulated CD4+ T-cell survival and responses to foreign and self antigens. 8. While at MIT, Dr. Luk Van Parijs admitted that in presentations and submitted manuscripts in 2004, he falsely claimed that mice injected with plasmids carrying shRNAs for Bcl-2, Akt1 and Akt2, complexed to polyethylene imine (PEI) showed a significant reduction in c-myc-induced tumor growth, when the experiments had not been done. 9. While at MIT, Dr. Luk Van Parijs admitted that in presentations in 2004, he falsely claimed that shRNAs designed using algorithms developed in 2004 were more effective to silence target genes than the shRNAs designed with algorithms in 2002. 10. While at MIT, Dr. Luk Van Parijs admitted that in multiple presentations, submitted manuscripts, a grant application submitted to NIH, and in the text of Current Opinions in Molec. Therapeutics, 6:136, 2004, he falsely claimed that an in vivo RNAi screen was developed to identify genes in cytokine and apoptosis pathways that accelerated or suppressed Myc-induced tumorigenesis in lethally irradiated mice, by using bi-functional lentiviral vectors that expressed c-Myc under control of the CMV enhancer-[beta]-actin promoter (CAG) and U6-driven shRNAs designed to silence 168 selected genes, when the experiments had not been done. 11. While at MIT, Dr. Luk Van Parijs admitted that in a submitted manuscript in 2004 and a grant application submitted to NIH in 2003, he falsely claimed that with the use of retroviral vectors with Bim and activated Ras, Akt or Myc, he showed that the IL-2-stimulated activation of proto-oncogene pathways functioned to promote the survival of T cells following antigen encounter by regulating Bim and Bcl-2 pathways, when the experiments that were performed were inconclusive. Dr. Van Parijs has entered into a Voluntary Exclusion Agreement in which he has voluntarily agreed, for a period of five (5) years, beginning on December 22, 2008: (1) to exclude himself from any contracting or subcontracting with any agency of the United States Government and from eligibility or involvement in nonprocurement programs of the United States Government referred to as ``covered transactions'' pursuant to HHS' Implementation (2 CFR Part 376 et seq.) of OMB Guidelines to Agencies on Government wide Debarment and Suspension (2 CFR, Part 180); and (2) 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.

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on certain circular welded carbon quality steel line pipe (line pipe) from the People's Republic of China (PRC). On January 7, 2009, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Circular Welded Carbon Quality Steel Line Pipe from China, USITC Pub. 4055, Inv. Nos. 701-TA-455 (Final) (January 2009).

The Defense Science Board Task Force on the Fulfillment of Urgent Operational Needs will meet in closed session on March 26 and 27, 2009, in Arlington, VA. The exact meeting location is still to be determined. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. These meetings will assess the effectiveness of the processes used by the Department of Defense for the generation of urgent operational need requirements and the acquisition processes used to fulfill such requirements. Consequently, this Task Force will have access to all levels of classified information needed to develop its assessment and recommendations.

The Defense Science Board Task Force on the Fulfillment of Urgent Operational Needs will meet in closed session on April 7 and 8, 2009, in Arlington, VA. The exact meeting location is still to be determined. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. These meetings will assess the effectiveness of the processes used by the Department of Defense for the generation of urgent operational need requirements and the acquisition processes used to fulfill such requirements. Consequently, this Task Force will have access to all levels of classified information needed to develop its assessment and recommendations.

The Secretary of the Interior (Secretary), after consultation with the General Services Administration, has renewed the Trinity River Adaptive Management Working Group (Working Group) for 2 years. The Working Group provides recommendations on all aspects of the implementation of the Trinity River Restoration Program and affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River restoration efforts.

This notice announces a quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Council will meet to discuss certain proposed changes in regulations and manual instructions related to physicians' services, as identified by the Secretary of Health and Human Services. This meeting is open to the public.

Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of 19 U.S.C. 1337 by SiRF Technology, Inc. of San Jose, California (``SiRF''); Pharos Science & Applications, Inc. of Torrance, California (``Pharos''); MiTAC International Corp. of Taiwan (``MiTAC''); Mio Technology Ltd., USA of Freemont, California (``Mio''); and E-TEN Information Systems Co., Ltd. of Taiwan (``E-TEN'') (collectively, ``Respondents'') in the above-captioned investigation. The investigation is terminated.

The Federal pipeline safety laws allow a pipeline operator to request PHMSA to waive compliance with any part of the Federal pipeline safety regulations by granting a special permit to the operator. PHMSA is publishing this notice to provide a list of special permit requests we have received from pipeline operators seeking relief from compliance with certain pipeline safety regulations. This notice seeks public comment on these requests, including comments on any environmental impacts. At the conclusion of the 30 days comment period, PHMSA will evaluate each request individually to determine whether to grant or deny a special permit.

The FHWA is issuing this notice to advise the public that we are rescinding the Notice of Intent (NOI) to prepare an environmental impact statement (EIS) for improvements that were proposed to the transportation system in Lawrence, Christian, and Greene Counties, Missouri.

This Notice informs the public that the Las Cruces Four-Wheel Drive Club is permitted exclusive use of the Robledo Mountains Off- Highway Vehicle Trails for the 2009 Chili Challenge extreme off-road event. The Robledo Mountains Off-Highway Vehicle Trails will be closed to all vehicles not registered with the Las Cruces Four-Wheel Drive Club for the Chili Challenge. This restriction is necessary to ensure public safety and to avoid potential user conflicts during this authorized event. The 2009 Chili Challenge was analyzed in Environmental Assessment and Finding Of No Significant Impact NM-030- 2008-095. The Robledo Mountains Off-Highway Vehicle Trails are located within public land under BLM administrative jurisdiction in:

The Department of the Air Force proposes to amend a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.