Findings of Research Misconduct, 21125-21126 [2013-08207]
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Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Notices
send to its customers a letter indicating
that it had decided to the exit the CISP
business. After the Acquisition,
Charlotte Pipe destroyed the CISP
production equipment that it acquired
from Star Pipe.
D. Conditions of Entry
Entry into the relevant markets would
not be timely, likely, or sufficient in
magnitude, character, and scope to deter
or counteract the anticompetitive effects
of the Acquisition.
sroberts on DSK5SPTVN1PROD with NOTICES
E. Effects
The effects of Charlotte Pipe’s
acquisition of Star Pipe’s CISP business
have been a substantial lessening of
competition in the relevant markets.
Specifically, the Acquisition has:
eliminated actual, direct, and
substantial competition between
Charlotte Pipe and Star Pipe in the
relevant markets; substantially
increased the level of concentration in
the relevant markets; eliminated a
maverick firm; increased the ability of
Charlotte Pipe unilaterally to exercise
market power; and prevented Star Pipe
and certain Star Pipe employees from
re-entering the CISP products market for
a period of six years.
II. The Proposed Order
Paragraph II of the Proposed Order
requires Charlotte Pipe to provide prior
notification to the Commission of an
acquisition of any entity engaged in the
manufacture and sale of CISP products
in or into the United States. This
paragraph also requires Charlotte Pipe
to comply with premerger notification
procedures and waiting periods similar
to those found in the HSR Act.
This provision is necessary because
Charlotte Pipe has previously acquired
several firms in the CISP products
market in non-reportable transactions.
The Proposed Order affords the
Commission an appropriate mechanism
to review all proposed acquisitions by
Charlotte Pipe in the CISP products
market to guard against future
anticompetitive transactions.
Paragraph III of Proposed Order
prevents Charlotte Pipe from enforcing
the Confidentiality and NonCompetition Agreement. This frees Star
Pipe, and its current and former
employees, to enter and compete against
Charlotte Pipe in the United States,
Canada, or Mexico.
Paragraphs IV–VII impose reporting
and other compliance requirements. In
particular, Charlotte Pipe is required to
send a letter to its customers and to
maintain a link on its Web site relating
to the Acquisition and Charlotte Pipe’s
other non-reportable transactions,
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16:19 Apr 08, 2013
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including Matco-Norca in 2009, DWV
Casting Company (‘‘DWV’’) in 2004, and
Richmond Foundry, Inc. (‘‘Richmond
Foundry’’) in 2002. This provision is
appropriate because Charlotte Pipe’s
confidential acquisitions are not widely
known in the CISP industry and have
given rise to a perception among
distributors and end-users that
importers of CISP products are transient
and unreliable operations. The proposed
order serves to inform market
participants about Charlotte Pipe’s role
in the exit of Star Pipe, Matco-Norca,
DWV, and Richmond Foundry from the
CISP industry.
The Proposed Order will expire in 10
years.
21125
Experimental Hematology 31:372–381,
2003, has been corrected.
Specifically, ORI finds that by a
preponderance of the evidence,
Respondent falsified and/or fabricated
results relating to the above publications
and grants. Specifically, Respondent:
1. Falsely reported sequencing data in
the NEM manuscript to strengthen the
hypothesis that NE mutations
contributed to the phenotype observed
in severe congenital neutropenia (SCN)
patients. Specifically:
a. Respondent falsely reported in
Figures 2A and 3 that patient 3 had the
R191Q neutrophil elastase (NE)
mutation, when the majority of the
sequencing experiments showed that
the mutation was not present.
By direction of the Commission.
b. Respondent fabricated text (p. 12)
Donald S. Clark,
reporting that sequencing of RT–PCR
Secretary.
products confirmed the expression of
the NE mutants in the SCN patients and
[FR Doc. 2013–08217 Filed 4–8–13; 8:45 am]
that no mutations were present in the
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granulocyte colony stimulating factor
receptor (G–CSFR) gene and the
Wiskott-Aldrich Syndrome (WAS) gene
DEPARTMENT OF HEALTH AND
in SCN patients, when based on the lack
HUMAN SERVICES
of original records the experiments were
not performed. The false claim for G–
Office of the Secretary
CSFR sequencing was also reported in
CA89135–03.
Findings of Research Misconduct
2. Falsely reported a two-fold increase
AGENCY: Office of the Secretary, HHS.
in apoptosis of human promyelocytic
(HL–60) cells transfected with NE
ACTION: Notice.
mutants compared to wild type NE in
SUMMARY: Notice is hereby given that
Figure 4A, NEM, Figure 6A, CMA,
the Office of Research Integrity (ORI)
Figure 8, HL73063–01, and Figure 7,
has taken final action in the following
HL79615–01. Respondent used arbitrary
case:
flow cytometry data files to generate
Andrew Aprikyan, Ph.D., University
histograms with the desired result. The
of Washington: Based on the report of an false results supported the hypothesis
investigation conducted by the
that the NE mutations were sufficient
University of Washington (UW), the UW for impaired survival of human myeloid
School of Medicine Dean’s Decision, the cells.
Decision of the Hearing Panel at UW,
3. Falsified NE and +-actin Western
and additional analysis conducted by
blots in Figure 4B Blood, pre-published
ORI, ORI found by a preponderance of
online January 16, 2003, Figure 5B of
the evidence that Dr. Andrew Aprikyan, the manuscript initially submitted to
former Research Assistant Professor,
Blood April 2002, and Figure 6B
Division of Hematology, UW, engaged in Experimental Hematology 31:372–381,
research misconduct in research
2003, by falsely labeling lanes to
supported by National Cancer Institute
support the hypothesis that accelerated
(NCI), National Institutes of Health
apoptosis in mutant NE transfect HL–60
(NIH), grant CA89135 and National
cells was due to the mutation and not
Institute of Diabetes and Digestive and
the level of protein present. Specifically:
Kidney Diseases (NIDDK), NIH, grant
a. Respondent used portions of a
DK18951, and applies to the following
single NE Wester blot to represent:
publications and grant applications:
Figure 4B as HL–60 cells transfected
• Blood pre-published online on
with L92H, R191Q, and wtNE, when the
January 16, 2003 (‘‘NEM’’)
cells were transfected with R191Q,
• Experimental Hematology 31:372–
P110L, and D145–152; Figure 5B as HL–
381, 2003 (‘‘CMA’’)
60 transfected with wtNE, mutNE, and
• Blood 97:147–153, 2001 (‘‘ISB’’)
EGFP when they were cells transfected
• R01 CA89135–01A1
with NE mutants, P110L, D145–152, and
• R01 HL73063–01
194
b. Respondent used portions of a
• R01 HL79615–01
single +-actin Western blot to represent:
Blood pre-published online on
January 16, 2003, has been retracted and Figure 4B as HL–60 cells transfected
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21126
Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Notices
with L92H, R191Q, and wtNE, when
they were cells transfected with I31T,
P110L, and G185R mutants; Figure 5B
as HL–60 cells transfected with wtNE,
mutNE, and EGFP, when they were cells
transfected with P110L, I31T, and INE;
Figure 6B as HL–60 cells transfected
with G185R, mock, D145–152, and
P110L NE mutants, when they were
cells transfected with I31T, P110L,
G185R, and 32. The false +-actin
Western blot in Figure 6B was also
included in HL73063–01, Figure 8
(where the I31Tlane was labeled
correctly), and HL79615–01, Figure 7.
4. Falsified the reported methodology
for flow cytometry experiments in
Figure 4A, NEM, Figures 1 and 2, and
Tables 2 and 3, CMA, and Figures 4, 5,
and 6, ISB, to validate the key
hypothesis showing accelerated
apoptosis in SCN and CN patients. The
methodology claimed that flow
cytometry experiments were gated for
GFP+ populations, or that cell purity
was greater than 96%, when based on
the available original records, the
experiments were not performed as
stated.
5. Falsified Figure 2, CMA, Figure 2,
HL73063–01, Figure 3, HL79615–01,
and Figure 5, CA89135–01A1,
demonstrating that the overnight
cultures of CD34+ and CD33+ bone
marrow cells from SCN/AML patients
showed normal cell survival, and only
the CD15+ overnight cultures showed
accelerated apoptosis, when the actual
record available contradicted this result.
Respondent used flow cytometry data
files to generate histograms with the
desired result to support the hypothesis
that the progression from SCN to
leukemia (AML) involves acquired G–
CSFR mutations that override the proapoptotic effect of the NE mutations in
primitive progenitor cells.
Dr. Aprikyan has entered into a
Settlement Agreement in which he
denied ORI’s findings of research
misconduct based on the UW Faculty
Adjudication Hearing Panel decision.
The settlement is not an admission of
liability on the part of the Respondent.
Respondent entered into the Agreement
solely because contesting the findings
would cause him undue financial
hardship and stress, lead to lengthy and
costly appellate proceedings, and he
wished to seek finality. Respondent
agreed not to appeal the ORI findings of
research misconduct set forth above. He
has agreed, beginning on March 12,
2013:
(1) If within two (2) years from the
effective date of the Agreement,
Respondent receives or applies for U.S.
Public Health Service (PHS) support,
Respondent agreed to have his research
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supervised for a period of two (2) years;
Respondent agreed that prior to the
submission of an application for PHS
support for a research project on which
his participation is proposed and prior
to his participation in any capacity on
PHS-supported research, Respondent
shall ensure that a plan for supervision
of his duties is submitted to ORI for
approval; the supervision plan must be
designed to ensure the scientific
integrity of his research contribution;
Respondent agreed that he shall not
participate in any PHS-supported
research until such a supervision plan is
submitted to and approved by ORI;
Respondent agreed to maintain
responsibility for compliance with the
agreed upon supervision plan;
(2) If within two (2) years from the
effective date of the Agreement,
Respondent receives PHS support,
Respondent agreed that for two (2)
years, any institution employing him
shall submit, in conjunction with each
application for PHS funds, or report,
manuscript, or abstract involving PHSsupported research in which
Respondent is involved, a certification
to ORI that the data provided by
Respondent are based on actual
experiments or are otherwise
legitimately derived and that the data,
procedures, and methodology are
accurately reported in the application,
report, manuscript, or abstract; and
(3) Respondent agreed 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 for
a period of two (2) years beginning with
the effective date of the Agreement.
FOR FURTHER INFORMATION CONTACT:
Director, Office of Research Integrity,
1101 Wootton Parkway, Suite 750,
Rockville, MD 20852, (240) 453–8200.
David E. Wright,
Director, Office of Research Integrity.
[FR Doc. 2013–08207 Filed 4–8–13; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[30Day–13–12MX]
Agency Forms Undergoing Paperwork
Reduction Act Review
The Centers for Disease Control and
Prevention (CDC) publishes a list of
information collection requests under
review by the Office of Management and
Budget (OMB) in compliance with the
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Paperwork Reduction Act (44 U.S.C.
Chapter 35). To request a copy of these
requests, call (404) 639–7570 or send an
email to omb@cdc.gov. Send written
comments to CDC Desk Officer, Office of
Management and Budget, Washington,
DC 20503 or by fax to (202) 395–5806.
Written comments should be received
within 30 days of this notice.
Proposed Project
Research to Inform the Prevention of
Asthma in Healthcare—New—National
Institute for Occupational Safety and
Health (NIOSH), Centers for Disease
Control and Prevention (CDC).
Background and Brief Description
Healthcare is the largest industry in
the United States and performs a vital
function in society. Evidence from both
surveillance and epidemiologic research
indicates that healthcare workers have
an elevated risk for work-related asthma
(WRA) associated with exposure to
groups of agents such as cleaning
products, latex, indoor air pollution,
volatile organic compounds (VOCs) and
bioaerosols. Recent epidemiologic
studies of WRA among healthcare
workers have utilized job exposure
matrices (JEMs) based on probability of
exposure, however, specific exposures/
etiologic agents are not well
characterized and quantitative exposure
measurements are lacking. In this
project, NIOSH will augment the
existing JEM with quantitative exposure
data, which will significantly enhance
the existing JEMs and develop a survey
questionnaire for asthma in healthcare.
Since asthma continues to be a
problem among healthcare workers, the
overall goal of this project is to prevent
work-related asthma among healthcare
workers. The primary objective is to
identify modifiable occupational risk
factors for asthma in healthcare that will
inform strategies for prevention.
Specific Aims that support the Primary
Objective are:
Aim 1. Measure frequency of asthma
onset, related symptoms, and
exacerbation of asthma in selected
healthcare occupations
Aim 2. Assess associations between
asthma outcomes and exposures to
identify modifiable risk factors
In order to accomplish the goal and
aims of this project NIOSH has
developed a survey designed to collect
information about work history,
workplace exposures and asthma health
from workers in the healthcare industry.
Aim 1 of this project will be completed
using data exclusively from this survey.
While aim 2 will be completed using
asthma outcome data from the survey
and exposure data from the JEM
E:\FR\FM\09APN1.SGM
09APN1
Agencies
[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21125-21126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08207]
=======================================================================
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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.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Office of Research Integrity
(ORI) has taken final action in the following case:
Andrew Aprikyan, Ph.D., University of Washington: Based on the
report of an investigation conducted by the University of Washington
(UW), the UW School of Medicine Dean's Decision, the Decision of the
Hearing Panel at UW, and additional analysis conducted by ORI, ORI
found by a preponderance of the evidence that Dr. Andrew Aprikyan,
former Research Assistant Professor, Division of Hematology, UW,
engaged in research misconduct in research supported by National Cancer
Institute (NCI), National Institutes of Health (NIH), grant CA89135 and
National Institute of Diabetes and Digestive and Kidney Diseases
(NIDDK), NIH, grant DK18951, and applies to the following publications
and grant applications:
Blood pre-published online on January 16, 2003 (``NEM'')
Experimental Hematology 31:372-381, 2003 (``CMA'')
Blood 97:147-153, 2001 (``ISB'')
R01 CA89135-01A1
R01 HL73063-01
R01 HL79615-01
Blood pre-published online on January 16, 2003, has been retracted
and Experimental Hematology 31:372-381, 2003, has been corrected.
Specifically, ORI finds that by a preponderance of the evidence,
Respondent falsified and/or fabricated results relating to the above
publications and grants. Specifically, Respondent:
1. Falsely reported sequencing data in the NEM manuscript to
strengthen the hypothesis that NE mutations contributed to the
phenotype observed in severe congenital neutropenia (SCN) patients.
Specifically:
a. Respondent falsely reported in Figures 2A and 3 that patient 3
had the R191Q neutrophil elastase (NE) mutation, when the majority of
the sequencing experiments showed that the mutation was not present.
b. Respondent fabricated text (p. 12) reporting that sequencing of
RT-PCR products confirmed the expression of the NE mutants in the SCN
patients and that no mutations were present in the granulocyte colony
stimulating factor receptor (G-CSFR) gene and the Wiskott-Aldrich
Syndrome (WAS) gene in SCN patients, when based on the lack of original
records the experiments were not performed. The false claim for G-CSFR
sequencing was also reported in CA89135-03.
2. Falsely reported a two-fold increase in apoptosis of human
promyelocytic (HL-60) cells transfected with NE mutants compared to
wild type NE in Figure 4A, NEM, Figure 6A, CMA, Figure 8, HL73063-01,
and Figure 7, HL79615-01. Respondent used arbitrary flow cytometry data
files to generate histograms with the desired result. The false results
supported the hypothesis that the NE mutations were sufficient for
impaired survival of human myeloid cells.
3. Falsified NE and [szlig]-actin Western blots in Figure 4B Blood,
pre-published online January 16, 2003, Figure 5B of the manuscript
initially submitted to Blood April 2002, and Figure 6B Experimental
Hematology 31:372-381, 2003, by falsely labeling lanes to support the
hypothesis that accelerated apoptosis in mutant NE transfect HL-60
cells was due to the mutation and not the level of protein present.
Specifically:
a. Respondent used portions of a single NE Wester blot to
represent: Figure 4B as HL-60 cells transfected with L92H, R191Q, and
wtNE, when the cells were transfected with R191Q, P110L, and D145-152;
Figure 5B as HL-60 transfected with wtNE, mutNE, and EGFP when they
were cells transfected with NE mutants, P110L, D145-152, and 194
b. Respondent used portions of a single [szlig]-actin Western blot
to represent: Figure 4B as HL-60 cells transfected
[[Page 21126]]
with L92H, R191Q, and wtNE, when they were cells transfected with I31T,
P110L, and G185R mutants; Figure 5B as HL-60 cells transfected with
wtNE, mutNE, and EGFP, when they were cells transfected with P110L,
I31T, and INE; Figure 6B as HL-60 cells transfected with G185R, mock,
D145-152, and P110L NE mutants, when they were cells transfected with
I31T, P110L, G185R, and 32. The false [szlig]-actin Western blot in
Figure 6B was also included in HL73063-01, Figure 8 (where the I31Tlane
was labeled correctly), and HL79615-01, Figure 7.
4. Falsified the reported methodology for flow cytometry
experiments in Figure 4A, NEM, Figures 1 and 2, and Tables 2 and 3,
CMA, and Figures 4, 5, and 6, ISB, to validate the key hypothesis
showing accelerated apoptosis in SCN and CN patients. The methodology
claimed that flow cytometry experiments were gated for GFP+
populations, or that cell purity was greater than 96%, when based on
the available original records, the experiments were not performed as
stated.
5. Falsified Figure 2, CMA, Figure 2, HL73063-01, Figure 3,
HL79615-01, and Figure 5, CA89135-01A1, demonstrating that the
overnight cultures of CD34+ and CD33+ bone marrow cells from SCN/AML
patients showed normal cell survival, and only the CD15+ overnight
cultures showed accelerated apoptosis, when the actual record available
contradicted this result. Respondent used flow cytometry data files to
generate histograms with the desired result to support the hypothesis
that the progression from SCN to leukemia (AML) involves acquired G-
CSFR mutations that override the pro-apoptotic effect of the NE
mutations in primitive progenitor cells.
Dr. Aprikyan has entered into a Settlement Agreement in which he
denied ORI's findings of research misconduct based on the UW Faculty
Adjudication Hearing Panel decision. The settlement is not an admission
of liability on the part of the Respondent. Respondent entered into the
Agreement solely because contesting the findings would cause him undue
financial hardship and stress, lead to lengthy and costly appellate
proceedings, and he wished to seek finality. Respondent agreed not to
appeal the ORI findings of research misconduct set forth above. He has
agreed, beginning on March 12, 2013:
(1) If within two (2) years from the effective date of the
Agreement, Respondent receives or applies for U.S. Public Health
Service (PHS) support, Respondent agreed to have his research
supervised for a period of two (2) years; Respondent agreed that prior
to the submission of an application for PHS support for a research
project on which his participation is proposed and prior to his
participation in any capacity on PHS-supported research, Respondent
shall ensure that a plan for supervision of his duties is submitted to
ORI for approval; the supervision plan must be designed to ensure the
scientific integrity of his research contribution; Respondent agreed
that he shall not participate in any PHS-supported research until such
a supervision plan is submitted to and approved by ORI; Respondent
agreed to maintain responsibility for compliance with the agreed upon
supervision plan;
(2) If within two (2) years from the effective date of the
Agreement, Respondent receives PHS support, Respondent agreed that for
two (2) years, any institution employing him shall submit, in
conjunction with each application for PHS funds, or report, manuscript,
or abstract involving PHS-supported research in which Respondent is
involved, a certification to ORI that the data provided by Respondent
are based on actual experiments or are otherwise legitimately derived
and that the data, procedures, and methodology are accurately reported
in the application, report, manuscript, or abstract; and
(3) Respondent agreed 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 for a period of
two (2) years beginning with the effective date of the Agreement.
FOR FURTHER INFORMATION CONTACT: Director, Office of Research
Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852, (240)
453-8200.
David E. Wright,
Director, Office of Research Integrity.
[FR Doc. 2013-08207 Filed 4-8-13; 8:45 am]
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