January 29, 2009 – Federal Register Recent Federal Regulation Documents

In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Review,'' published in the Federal Register on January 26, 2009, the Department is delaying the effective date and opening for public comment, the rule published on December 29, 2008. This rule regulates the sustainable free use, commercial harvest, and sale of special forest products and forest botanical products from National Forest System lands. The December rule was originally set to take effect January 28, 2009.

HHS gives notice of a decision to designate a class of employees at the Metallurgical Laboratory in Chicago, Illinois, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On January 16, 2009, the Secretary of HHS designated the following class of employees as an addition to the SEC:

HHS gives notice of a decision to designate a class of employees at the Mallinckrodt Chemical Co., Destrehan Street Plant in St. Louis, Missouri, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On January 16, 2009, the Secretary of HHS designated the following class of employees as an addition to the SEC:

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended), the United States Department of Agriculture (USDA Rural Development administers rural utilities programs through the Rural Utilities Service. The USDA Rural Development invites comments on the following information collections for which the Agency intends to request approval from the Office of Management and Budget (OMB).

The Commission makes rule changes to Part 1 of the Commission's rules, and amends its Schedule of Application Fees to adjust its fees for processing applications and other filings.

On December 22, 2008, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department) results of redetermination pursuant to the CIT's remand and entered final judgment in Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, Consol. Ct. No. 06-00075, Slip Op. 08-139 (CIT December 22, 2008) (Husteel v. United States II ). See Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, dated August 29, 2008, and Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, dated December 5, 2008 (available at https://ia.ita.doc.gov/remands). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the administrative review of the antidumping duty order on oil country tubular goods, other than drill pipe, from Korea covering the period of review (POR) of August 1, 2003 through July 31, 2004. See Oil Country Tubular Goods, Other Than Drill Pipe, from Korea: Final Results of Antidumping Duty Administrative Review, 71 FR 13091 (March 14, 2006) (Final Results).

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: M. Nguyen, M.D., University of California, Los Angeles: Based on a University of California, Los Angeles (UCLA) report and Respondent's own admission, the U.S. Public Health Service (PHS) found that Dr. M. Nguyen, former Associate Professor at UCLA, engaged in scientific misconduct in research supported by National Cancer Institute (NCI), National Institutes of Health (NIH), grant 1 R01 CA69433, National Center for Complementary and Alternative Medicine (NCCAM), NIH, grant 1 P50 AT00I51-01, and National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), NIH, grant T32 DK03688. Specifically, PHS found that Respondent engaged in scientific misconduct by: 1. Dr. Nguyen's laboratory conducted a single experiment on the effect of Livistona extract on the growth of 10\6\ mouse fibrosarcoma (FSA) cells injected into C3H mice. The drug was administered in the drinking water of the treated mice and tumor sizes were measured twice weekly with calipers. Dr. Nguyen falsified and fabricated the results of this experiment in Figure 3 of Oncology Reports 8:1355-1357, 2001: A. The data reported for the control group were from an experiment in nude mice implanted with human breast tumor implants, rather than with mouse fibrosarcoma cell implants, as Dr. Nguyen reported in the paper. The control data for FSA implanted C3H mice could not be located in the laboratory records. 2. Dr. Nguyen's laboratory conducted a single experiment on the effect of Livistona extract on the growth of 10\8\ MDA-MD-231 cells injected into nude mice. The drug was administered in the drinking water of the treated mice and tumor sizes measured twice weekly with calipers. Dr. Nguyen falsified and fabricated the results of this experiment in Figure 9 of NIH grant application P50 AT00151-01, dated May 19, 1999, by: A. Falsely stating in the associated text that there were ten mice per group and that the experiments were repeated once, while in fact, there were only five mice per group with no repetition of this experiment B. Omitting data on the control curve for two of the measurement times (at 2 and 3.5 weeks) and falsely reporting the times at which three other measurements were taken. 3. Dr. Nguyen's laboratory conducted a single experiment (1998-99) testing the anti-angiogenic effects of Livistona chinensis extract on human umbilical vein endothelial cells (HUVEC). HUVEC cells were counted from duplicate wells when exposed to extract and controls were counted from single wells: A. Figure 8 of NIH grant application P50 AT00I51-01, dated 5/19/99, plots the data as a bar graph. However, the same data were reported in Figure 1 of Oncology Reports 8:1355-1357, 2001, by falsely expressing them as the rate of growth obtained by measuring the uptake of radioactive thymidine into cellular DNA and plotting the data as normalized to control values. UCLA concluded that Figure 1 was falsified by claiming the data were obtained by a state-of-the-art technique not actually employed by the Respondent to obtain the data for that figure (Admission). This falsification did not bear upon the findings of the paper. 4. Dr. Nguyen's laboratory tested whether the levels of bFGF (basic fibroblast growth factor) and VEGF (vascular endothelial growth factor) in nipple fluid aspirates were significantly elevated in breast cancer patients in comparison to values from normal lactating and non- lactating breasts. Dr. Nguyen falsified the number of subjects who were lactating in The Lancet 356:567-569, 2000, by claiming that bFGF data were obtained from four separate subjects while in fact the data were from both breasts of two subjects. Dr. Nyugen has entered into a Voluntary Settlement Agreement with ORI. As part of that Agreement, Dr. Nyugen admits to UCLA's findings of fact but denies ORI's findings that the actions rise to the level of scientific misconduct. The settlement is not an admission of liability on the part of the Respondent. Dr. Nyugen voluntarily agreed, for a period of three (3) years, beginning on December 29, 2008: (1) Not to serve 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 although Respondent is not currently engaged in PHS- supported research, 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 supervision of the Respondent(s duties to the funding agency for approval. The supervisory plan must be designed to ensure the scientific integrity of the Respondent(s research contribution. Respondent agreed to ensure that a copy of the supervisory plan also is submitted to ORI by the institution for ORI approval. Respondent agreed to not participate in any PHS-supported research until such a supervisory plan is submitted to ORI.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et. seq.; 22 U.S.C. 6501 note, et. seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition: ``Titian, Tintoretto, Veronese: Rivals in Renaissance Venice,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Museum of Fine Arts, Boston, MA, from on or about March 15, 2009, until on or about July 19, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

This notice announces HUD's intention to sell certain unsubsidized multifamily and healthcare mortgage loans, without Federal Housing Administration (FHA) insurance, in a competitive, sealed bid sale (MHLS 2009-1). This notice also describes generally the bidding process for the sale and certain persons who are ineligible to bid.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting of the Science Advisory Board Expert Elicitation Advisory Panel to review EPA's draft Expert Elicitation Task Force White Paper.