80_FR_45808 80 FR 45661 - Findings of Research Misconduct

80 FR 45661 - Findings of Research Misconduct

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary

Federal Register Volume 80, Issue 147 (July 31, 2015)

Page Range45661-45662
FR Document2015-18794

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: <bullet> 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''). <bullet> Attention, Perception and Psychophysics 74(5):891-910, 2012 (hereafter referred to as ``Paper 3''). <bullet> 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: <bullet> Journal of Neuroscience 31(3):1128-38, 2011. <bullet> Journal of Experimental Psychology: Human Perception and Performance 39(3):824-835, 2012. <bullet> Attention, Perception and Psychophysics 74(5):891-910, 2012. <bullet> Psychological Science 24(6):929-38, 2013.

Federal Register, Volume 80 Issue 147 (Friday, July 31, 2015)
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Pages 45661-45662]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18794]


-----------------------------------------------------------------------

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:
    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

[[Page 45662]]

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.

FOR FURTHER INFORMATION CONTACT: Acting Director, Office of Research 
Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852, (240) 
453-8200.

Donald Wright,
Acting Director, Office of Research Integrity.
[FR Doc. 2015-18794 Filed 7-30-15; 8:45 am]
 BILLING CODE 4150-31-P



                                                                                     Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices                                                 45661

                                                    IV. Paperwork Reduction Act of 1995                      Register of August 27, 2014 (79 FR                    comment. FDA is reopening the period
                                                      This guidance refers to previously                     51183). In that notice, FDA requested                 for public comment so that the public
                                                    approved collections of information                      comments on the 10 originally-filed                   has the opportunity to review and
                                                    found in FDA regulations. These                          MRTPAs that are posted on http://                     comment on these amendments.
                                                    collections of information are subject to                www.regulations.gov and FDA’s Web
                                                                                                                                                                   II. Comments
                                                    review by the Office of Management and                   site. The comment period on these
                                                                                                             originally-filed applications closed on                  Interested persons may submit either
                                                    Budget (OMB) under the Paperwork
                                                                                                             February 23, 2015. FDA is reopening the               electronic comments regarding this
                                                    Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                             comment period to seek comment                        document to http://www.regulations.gov
                                                    3520). The collections of information in
                                                                                                             specifically on amendments made to the                or written comments to the Division of
                                                    21 CFR part 514 have been approved
                                                                                                             originally-filed MRTPAs submitted by                  Dockets Management (see ADDRESSES). It
                                                    under OMB control number 0910–0032.
                                                                                                             Swedish Match North America Inc.                      is only necessary to send one set of
                                                    V. Comments                                              DATES: Submit either electronic or                    comments. Identify comments with the
                                                       Interested persons may submit either                  written comments on the amendments                    docket number found in brackets in the
                                                    electronic comments regarding this                       by August 31, 2015.                                   heading of this document. Received
                                                    document to http://www.regulations.gov                   ADDRESSES: Submit electronic                          comments may be seen in the Division
                                                    or written comments to the Division of                   comments to http://                                   of Dockets Management between 9 a.m.
                                                    Dockets Management (see ADDRESSES). It                   www.regulations.gov. Submit written                   and 4 p.m., Monday through Friday, and
                                                    is only necessary to send one set of                     comments to the Division of Dockets                   will be posted to the docket at http://
                                                    comments. Identify comments with the                     Management (HFA–305), Food and Drug                   www.regulations.gov.
                                                    docket number found in brackets in the                   Administration, 5630 Fishers Lane, Rm.                   Persons with access to the Internet
                                                    heading of this document. Received                       1061, Rockville, MD 20852. Identify                   may obtain the document at either
                                                    comments may be seen in the Division                     comments with Docket Number FDA–                      http://www.accessdata.fda.gov/Static/
                                                    of Dockets Management between 9 a.m.                     2014–N–1051.                                          widgets/tobacco/SMNA_MRTPA_FDA-
                                                    and 4 p.m., Monday through Friday, and                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   2014-N-1051.html or http://
                                                    will be posted to the docket at http://                  Center for Tobacco Products, Food and                 www.regulations.gov.
                                                    www.regulations.gov.                                     Drug Administration, 10903 New                          Dated: July 27, 2015.
                                                                                                             Hampshire Ave., Silver Spring, MD                     Leslie Kux,
                                                    VI. Electronic Access
                                                                                                             20993, 1–877–287–1373, AskCTP@                        Associate Commissioner for Policy.
                                                      Persons with access to the Internet                    fda.hhs.gov.                                          [FR Doc. 2015–18782 Filed 7–30–15; 8:45 am]
                                                    may obtain the guidance at either                        SUPPLEMENTARY INFORMATION:                            BILLING CODE 4164–01–P
                                                    http://www.fda.gov/cvm or http://
                                                    www.regulations.gov.                                     I. Background
                                                      Dated: July 27, 2015.                                     In the Federal Register of August 27,              DEPARTMENT OF HEALTH AND
                                                    Leslie Kux,                                              2014 (79 FR 51183), FDA published a                   HUMAN SERVICES
                                                    Associate Commissioner for Policy.                       notice of availability of MRTPAs
                                                                                                             submitted by Swedish Match North                      Office of the Secretary
                                                    [FR Doc. 2015–18796 Filed 7–30–15; 8:45 am]
                                                                                                             America Inc. for 10 tobacco products
                                                    BILLING CODE 4164–01–P
                                                                                                             and gave the public 180 days to                       Findings of Research Misconduct
                                                                                                             comment on the applications.                          AGENCY:   Office of the Secretary, HHS.
                                                    DEPARTMENT OF HEALTH AND                                    FDA is required by section 911(e) of               ACTION:   Notice.
                                                    HUMAN SERVICES                                           the Federal Food, Drug, and Cosmetic
                                                                                                             Act (the FD&C Act) (21 U.S.C. 387k(e))                SUMMARY:   Notice is hereby given that
                                                    Food and Drug Administration                             to make an MRTPA available to the                     the Office of Research Integrity (ORI)
                                                                                                             public (except for matters in the                     has taken final action in the following
                                                    [Docket No. FDA–2014–N–1051]                             application that are trade secrets or                 case:
                                                    Modified Risk Tobacco Product                            otherwise confidential commercial                       David Anderson, University of
                                                    Applications: Applications for 10                        information) and to request comments                  Oregon, Eugene: Based on an
                                                    Products Submitted by Swedish Match                      by interested persons on the information              assessment conducted by the University
                                                    North America Inc.; Reopening of                         contained in the application and on the               of Oregon, Eugene (UOE), the
                                                    Comment Period                                           label, labeling, and advertising                      Respondent’s admission, and analysis
                                                                                                             accompanying the application. The                     conducted by ORI, ORI and UOE found
                                                    AGENCY:    Food and Drug Administration,                 determination of whether an order is                  that Mr. David Anderson, Graduate
                                                    HHS.                                                     appropriate under section 911 of the                  Student, UOE, engaged in research
                                                          Notice; reopening of the
                                                    ACTION:                                                  FD&C Act is based on the scientific                   misconduct in research supported by
                                                    comment period.                                          information submitted by the applicant                National Institute of Mental Health
                                                                                                             as well as the scientific evidence and                (NIMH), National Institutes of Health
                                                    SUMMARY:   The Food and Drug                             other information that is made available              (NIH), grants R01 MH087214, R01
                                                    Administration (FDA) is reopening the                    to the Agency, including through public               MH077105, and TA MH020002.
                                                    period for public comment on modified                    comments.                                               ORI found that Respondent engaged
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    risk tobacco product applications                           FDA has received and accepted a                    in research misconduct by falsifying
                                                    (MRTPAs) submitted by Swedish Match                      number of amendments to Swedish                       and/or fabricating data in the following
                                                    North America Inc. for 10 tobacco                        Match North America Inc.’s 10                         four (4) publications:
                                                    products and announcing the                              originally-filed MRTPAs and is making                   • Journal of Neuroscience
                                                    availability for public comment of                       these amendments available (except for                31(3):1128–38, 2011 (hereafter referred
                                                    amendments to the MRTPAs. The notice                     matters in the amendments that are                    to as ‘‘Paper 1’’).
                                                    of availability for the originally-filed                 trade secrets or otherwise confidential                 Journal of Experimental Psychology:
                                                    applications appeared in the Federal                     commercial information) for public                    Human Perception and Performance


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                                                    45662                                Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices

                                                    39(3):824–835, 2012 (hereafter referred                      (3) to exclude himself voluntarily                  DATES: Comments on the ICR must be
                                                    to as ‘‘Paper 2’’).                                        from serving in any advisory capacity to              received on or before September 29,
                                                       • Attention, Perception and                             PHS including, but not limited to,                    2015.
                                                    Psychophysics 74(5):891–910, 2012                          service on any PHS advisory committee,
                                                    (hereafter referred to as ‘‘Paper 3’’).                    board, and/or peer review committee, or               ADDRESSES:  Submit your comments to
                                                       • Psychological Science 24(6):929–38,                   as a consultant; and                                  Information.CollectionClearance@
                                                    2013 (hereafter referred to as ‘‘Paper 4’’).                 (4) to assist UOE in advising                       hhs.gov or by calling (202) 690–6162.
                                                       ORI found that Respondent                               publishers of the need to retract or                  FOR FURTHER INFORMATION CONTACT:
                                                    knowingly falsified data by removing                       correct the following papers:                         Information Collection Clearance staff,
                                                    outlier values or replacing outliers with                    • Journal of Neuroscience                           Information.CollectionClearance@
                                                    mean values to produce results that                        31(3):1128–38, 2011.                                  hhs.gov or (202) 690–6162.
                                                    conform to predictions. Specifically,                        • Journal of Experimental
                                                                                                               Psychology: Human Perception and                      SUPPLEMENTARY INFORMATION:      When
                                                    these falsifications appear in:                                                                                  submitting comments or requesting
                                                       1. Figures 4 and 8 in Paper 1.                          Performance 39(3):824–835, 2012.
                                                                                                                 • Attention, Perception and                         information, please include the
                                                       2. Figures 3C, 3D, and 3E in Paper 2.                                                                         document identifier HHS–OS–0990–
                                                                                                               Psychophysics 74(5):891–910, 2012.
                                                       3. Figures 3B, 7C, 7D, and 8B in Paper                    • Psychological Science 24(6):929–38,               0407–60D for reference.
                                                    3.                                                         2013.
                                                       4. Figures 3E and 3F in Paper 4.                                                                                 Information Collection Request Title:
                                                                                                               FOR FURTHER INFORMATION CONTACT:                      Think Cultural Health (TCH) Web site
                                                       Mr. Anderson has entered into a
                                                                                                               Acting Director, Office of Research                   Quality Improvement Effort—OMB No.
                                                    Voluntary Settlement Agreement and
                                                                                                               Integrity, 1101 Wootton Parkway, Suite                0990–0407 REVISION–HHS/OS/OMH
                                                    has voluntarily agreed for a period of                     750, Rockville, MD 20852, (240) 453–
                                                    three (3) years, beginning on June 23,                                                                              Abstract: The Office of Minority
                                                                                                               8200.                                                 Health (OMH), Office of the Secretary
                                                    2015:
                                                       (1) To have his research supervised;                    Donald Wright,                                        (OS), Department of Health and Human
                                                    Respondent agreed that prior to the                        Acting Director, Office of Research Integrity.        Services (HHS) is requesting approval
                                                    submission of an application for U.S.                      [FR Doc. 2015–18794 Filed 7–30–15; 8:45 am]           by OMB on a revised data collection.
                                                    Public Health Service (PHS) support for                    BILLING CODE 4150–31–P
                                                                                                                                                                     The Think Cultural Health (TCH) Web
                                                    a research project on which his                                                                                  site is an initiative of the HHS OMH’s
                                                    participation is proposed and prior to                                                                           Center for Linguistic and Cultural
                                                    his participation in any capacity on                       DEPARTMENT OF HEALTH AND                              Competence in Health Care (CLCCHC),
                                                    PHS-supported research, Respondent                         HUMAN SERVICES                                        and is a repository of the latest
                                                    shall ensure that a plan for supervision                                                                         resources and tools to promote cultural
                                                    of his duties is submitted to ORI for                      Office of the Secretary                               and linguistic competency in health and
                                                    approval; the supervision plan must be                     [Document Identifier: HHS–OS–0990–0407–               health care. The TCH Web site is unlike
                                                    designed to ensure the scientific                          60D]                                                  other government Web sites in that its
                                                    integrity of his research contribution;                                                                          suite of e-learning programs affords
                                                    Respondent agreed that he shall not                        Agency Information Collection                         health and health care professionals the
                                                    participate in any PHS-supported                           Request                                               ability to earn continuing education
                                                    research until such a supervision plan is                                                                        credits through training in cultural and
                                                                                                               AGENCY:   Office of the Secretary, HHS.               linguistic competency. The revision to
                                                    submitted to and approved by ORI;
                                                                                                               ACTION:   Notice.                                     this information collection request
                                                    Respondent agreed to maintain
                                                    responsibility for compliance with the                     SUMMARY:   In compliance with the                     includes the online Web site registration
                                                    agreed upon supervision plan;                              requirement of section 3506(c)(2)(A) of               form, course/unit evaluations specific to
                                                       (2) that any institution employing him                  the Paperwork Reduction Act of 1995,                  the resource or e-learning program
                                                    shall submit in conjunction with each                      the Office of the Secretary (OS),                     course/unit completed, follow up
                                                    application for PHS funds, or report,                      Department of Health and Human                        surveys, focus groups, and key
                                                    manuscript, or abstract involving PHS-                     Services, announces plans to submit an                informant interviews.
                                                    supported research in which                                Information Collection Request (ICR),                    Need and Proposed Use of the
                                                    Respondent is involved, a certification                    described below, to the Office of                     Information: The data will be used to
                                                    to ORI that the data provided by                           Management and Budget (OMB). A 60-                    ensure that the offerings on the TCH
                                                    Respondent are based on actual                             day Federal Register Notice has been                  Web site are relevant, useful, and
                                                    experiments or are otherwise                               published for this system. This request               appropriate to their target audiences.
                                                    legitimately derived, and that the data,                   is to approve a revision to a currently               The findings from the data collection
                                                    procedures, and methodology are                            approved collection with OMB number                   will be of interest to HHS OMH in
                                                    accurately reported in the application,                    0990–0407, and is not a new request for               supporting maintenance and revisions
                                                    report, manuscript, or abstract;                           approval.                                             of the offerings on the TCH Web site.

                                                                                                         TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS
                                                                                                                                                                                        Average
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                       Number
                                                                                                                                                  Number of                           burden per    Total burden
                                                                    Form name                                Type of respondent                                    responses per
                                                                                                                                                 respondents                           response       (hours)
                                                                                                                                                                     respondent         (hours)

                                                    Registration Form .............................   Health and Health Care Profes-                       9460               1.00           3/60            473
                                                                                                        sionals.
                                                    Course/unit Evaluation Form ............          Health and Health Care Profes-                       9460               1.00           5/60            788
                                                                                                        sionals.




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Document Created: 2015-12-15 12:59:19
Document Modified: 2015-12-15 12:59:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactActing Director, Office of Research Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852, (240) 453-8200.
FR Citation80 FR 45661 

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