Defense Logistics Agency July 2015 – Federal Register Recent Federal Regulation Documents

In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). A 60-day Federal Register Notice has been published for this system. This request is to approve a revision to a currently approved collection with OMB number 0990-0407, and is not a new request for approval.

Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: David Anderson, University of Oregon, Eugene: Based on an assessment conducted by the University of Oregon, Eugene (UOE), the Respondent's admission, and analysis conducted by ORI, ORI and UOE found that Mr. David Anderson, Graduate Student, UOE, engaged in research misconduct in research supported by National Institute of Mental Health (NIMH), National Institutes of Health (NIH), grants R01 MH087214, R01 MH077105, and TA MH020002. ORI found that Respondent engaged in research misconduct by falsifying and/or fabricating data in the following four (4) publications: Journal of Neuroscience 31(3):1128-38, 2011 (hereafter referred to as ``Paper 1''). Journal of Experimental Psychology: Human Perception and Performance 39(3):824-835, 2012 (hereafter referred to as ``Paper 2''). Attention, Perception and Psychophysics 74(5):891-910, 2012 (hereafter referred to as ``Paper 3''). Psychological Science 24(6):929-38, 2013 (hereafter referred to as ``Paper 4''). ORI found that Respondent knowingly falsified data by removing outlier values or replacing outliers with mean values to produce results that conform to predictions. Specifically, these falsifications appear in: 1. Figures 4 and 8 in Paper 1. 2. Figures 3C, 3D, and 3E in Paper 2. 3. Figures 3B, 7C, 7D, and 8B in Paper 3. 4. Figures 3E and 3F in Paper 4. Mr. Anderson has entered into a Voluntary Settlement Agreement and has voluntarily agreed for a period of three (3) years, beginning on June 23, 2015: (1) To have his research supervised; Respondent agreed that prior to the submission of an application for U.S. Public Health Service (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) that 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; (3) to exclude himself voluntarily 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 (4) to assist UOE in advising publishers of the need to retract or correct the following papers: Journal of Neuroscience 31(3):1128-38, 2011. Journal of Experimental Psychology: Human Perception and Performance 39(3):824-835, 2012. Attention, Perception and Psychophysics 74(5):891-910, 2012. Psychological Science 24(6):929-38, 2013.

Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Julie Mass[egrave], Pennsylvania State University (PSU): Based on an assessment conducted by the Pennsylvania State University College of Medicine (PSU-COM) and the Respondent's admission, ORI and PSU found that Ms. Julie Mass[egrave], former postdoctoral scholar, PSU-COM, engaged in research misconduct in research supported by National Cancer Institute (NCI), National Institutes of Health (NIH), grant 4 R00 CA138498. ORI found that the Respondent knowingly engaged in research misconduct by falsifying and/or fabricating Western blot data and analyses that were including in the following manuscript: ``Cellular invasion following p120-catenin loss is mediated by AP-1, ITGA2 and MMP11,'' submitted to Molecular Cancer Research (hereafter referred to as the ``Molecular Cancer Research manuscript''). ORI found that the Respondent knowingly falsified and/or fabricated Western blot images, by manipulating the images to give the desired results, and quantitative PCR data and cell invasion and migration data, which were included in Figures 2, 3, S1, and S2 in the Molecular Cancer Research manuscript. Specifically, ORI found that the Respondent included falsified and/ or fabricated data and images in the following figures, and the corresponding text, in the Molecular Cancer Research manuscript: 1. Bands were cut and pasted from different Western blots for the following figures: a. Figures 2A, lanes 2 and 3, for P-cJun (S73) b. Figure 2D, lanes 4 and 6, bands identified as ITGA2 c. Figure 3B, bands identified as ITGA2 and MMP11 d. Figure 3D, bands identified as ITGA2 and MMP11 for lanes M2Neo- [uarr]ITGA2 control and [darr]MMP1 e. Figure 3E, bands identified as ITGA2 and MMP11 for lanes M2KO- [darr]ITGA2 control and M2KO-[darr]ITGA2-[uarr]MMP11 f. Figure S1A, bands identified as P-cJun (S73) g. Figure S2A, bands identified as P-cJun (S73) h. Figure S2C, bands identified as P-cJun (S73) i. Figure S2E, bands identified ITGA2 and MMP11 j. Figures S4B and C, identical bands were used for [beta]-actin 2. Numbers were increased or decreased in cell invasion and migration assays to give the desired results in the following figures: a. Figure 2B, for M2KO-DMSO cells and M2KO-SR11302 cells b. Figure 3F, for M2Neo-[uarr]ITGA2 [darr]MMP11 c. Figure 3G, for M2KO-[darr]ITGA2 [uarr]MMP11 d. Figure S1B, for F2KO-cJun peptide e. Figure S2B, for F2KO-cJun DMSO and F2KO-cJun SR11302 f. Figure S2D, for F2KO-cJun peptide g. Figure S2F, for F2Tom-[uarr]ITGA2 and F2KO-[darr]ITGA2 peptide h. Figures S4A, B, C, and D, for the migration for M2KO and F2KO cells 3. qPCR numbers were altered in Figure 2C, for M2KO-DMSO-PcJun ChIP and for M2KO-SR11302-PcJun ChIP, to give the desired result of PcJun binding to ITGA2 promoter. Ms. Mass[egrave] has entered into a Voluntary Settlement Agreement and has voluntarily agreed for a period of two (2) years, beginning on July 6, 2015: (1) To have her research supervised; Respondent agreed that prior to the submission of an application for U.S. Public Health Service (PHS) support for a research project on which her participation is proposed and prior to her participation in any capacity on PHS- supported research, Respondent shall ensure that a plan for supervision of her duties is submitted to ORI for approval; the supervision plan must be designed to ensure the scientific integrity of her research contribution; Respondent agreed that she will 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) that any institution employing her 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) to exclude herself voluntarily 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.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), this notice announces the Office of Advocacy and Outreach, USDA/1890 Program's intention to request an extension for a currently approved information collection for the USDA/1890 National Scholars Program.

The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) revision titled, ``Ventilation Plans, Tests, and Examinations in Underground Coal Mines,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited.

This rule proposes to amend the Department of Homeland Security's (DHS) regulations under the Freedom of Information Act (FOIA). The Department (DHS) is proposing to update and streamline the language of several procedural provisions, and to incorporate changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007, among other changes. DHS invites comment on all aspects of this proposal.

The DoD is publishing this notice to announce two days of meetings of the National Commission on the Future of the Army (``the Commission''). The meetings will be partially closed to the public.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Request for Earnings Information Report,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the U.S. Department of Transportation (DOT) will forward the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for reinstatement with change of a previously approved collection. The ICR describes the nature of the information collection and its expected cost and burden hours. The OMB approved the form in 2009 with its renewal required by September 30, 2012. Subsequently, DOT was given approval of the form until August 31, 2014. The renewal period then lapsed; therefore, the form expired. The Federal Register Notice with a 60-day comment period soliciting comments on the form renewal was published on April 29, 2015, [FR Vol. 80, No. 82, page 23855]. No comments were received. This notice includes corrections and updates to the 60-day published notice.

This final rule implements new authority for an over-the- counter (OTC) drug program, makes several administrative changes to the TRICARE Pharmacy Benefits Program regulation in order to conform it to the statute, and clarifies some procedures regarding the operation of the uniform formulary. Specifically, the final rule: Provides implementing regulations for the OTC drug program that has recently been given permanent statutory authority; conforms the pharmacy program regulation to the statute (including recent statutory changes contained in the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015) regarding point-of-service availability of non-formulary drugs and copayments for all categories of drugs; clarifies the process for formulary placement of newly approved drugs; and clarifies several other uniform formulary practices.

The Defense Travel Management Office is publishing Civilian Personnel Per Diem Bulletin Number 298. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States when applicable. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 298 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents is properly assessed. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed in the addressee section of this notice.

The Department of Labor (DOL) is submitting the Office of Federal Contract Compliance Programs (OFCCP) sponsored information collection request (ICR) titled, ``Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Affordable Care Act Internal Claims and Appeals and External Review Procedures for Non-Grandfathered Plans,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

The Department of Defense (``Department'') amends its regulation that implements the Military Lending Act, herein referred to as the ``MLA.'' Among other protections for Service members and their families, the MLA limits the amount of interest that a creditor may charge on ``consumer credit'' to a maximum annual percentage rate of 36 percent. The Department amends its regulation primarily for the purpose of extending the protections of the MLA to a broader range of closed- end and open-end credit products. Among other amendments, the Department modifies the provisions relating to the optional mechanism a creditor could use when assessing whether a consumer is a ``covered borrower,'' modifies the disclosures that a creditor must provide to a covered borrower, and implements the enforcement provisions of the MLA.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Tax Performance System,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

The Department of Defense is publishing this notice to announce the following Federal Advisory Committee meeting of the Judicial Proceedings since Fiscal Year 2012 Amendments Panel (``the Judicial Proceedings Panel'' or ``the Panel''). The meeting is open to the public.

The Department of Defense is publishing this notice to announce that it is amending the charter for the Defense Business Board (``the Board'').

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.