80_FR_52647 80 FR 52479 - Findings of Research Misconduct

80 FR 52479 - Findings of Research Misconduct

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary

Federal Register Volume 80, Issue 168 (August 31, 2015)

Page Range52479-52480
FR Document2015-21421

Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Peter Littlefield, University of California, San Francisco: Based on an assessment conducted by the University of California, San Francisco (UCSF), the Respondent's admission, and analysis conducted by ORI, ORI and UCSF found that Mr. Peter Littlefield, Graduate Student on a leave of absence from the Tetrad Graduate Program, UCSF, engaged in research misconduct in research supported by National Institute of General Medical Sciences (NIGMS), National Institutes of Health (NIH), training grant T32 GM007810 and grant R01 GM109176. ORI found that the Respondent engaged in research misconduct by falsifying and/or fabricating data in the following two (2) publications:

Federal Register, Volume 80 Issue 168 (Monday, August 31, 2015)
[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Notices]
[Pages 52479-52480]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21421]


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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:
    Peter Littlefield, University of California, San Francisco: Based 
on an assessment conducted by the University of California, San 
Francisco (UCSF), the Respondent's admission, and analysis conducted by 
ORI, ORI and UCSF found that Mr. Peter Littlefield, Graduate Student on 
a leave of absence from the Tetrad Graduate Program, UCSF, engaged in 
research misconduct in research supported by National Institute of 
General Medical Sciences (NIGMS), National Institutes of Health (NIH), 
training grant T32 GM007810 and grant R01 GM109176.
    ORI found that the Respondent engaged in research misconduct by 
falsifying and/or fabricating data in the following two (2) 
publications:

 Science Signaling 7:ra114, 2014 (hereafter referred to as 
``Paper 1'')
 Chemistry & Biology 21:453-458, 2014 (hereafter referred to as 
``Paper 2'')

    ORI found that Respondent knowingly falsified and/or fabricated 
data and related text by altering the

[[Page 52480]]

experimental data to support the experimental hypothesis. Specifically:
    1. ORI found falsified and/or fabricated data in Paper 1 in:

a. Figure 5B by manipulation of the HER3 protein concentrations in the 
experiment to provide the desired outcome
b. Figure 6C for the identification of the kinase domain construct 
EGFR-V924R by falsely claiming that both EGFR and HER3 contained the 
kinase domains and the full JM segments, when the JM-HER3 construct 
included cloning tags
c. Figure 6D by manually manipulating the error bars to increase 
statistical significance of the kinase assay

    2. ORI found falsified and/or fabricated data in Paper 2 in:

a. Figure 3C by manually altering some of the data points by 10-20% 
support the desired hypothesis
b. Figure 4A by manipulating data points and reducing error bars and 
failing to report that JM-HER3 construct had cloning tags
c. Figure 4B by reducing several data points by ~ 15%

    Mr. Littlefield has entered into a Voluntary Settlement Agreement 
and has voluntarily agreed:
    (1) To have his research supervised for period of three (3) years 
beginning on August 4, 2015; 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 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 for period of three (3) years beginning on August 4, 2015, 
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 for period of three (3) years beginning on August 4, 2015; 
and
    (4) to retraction or correction of the following papers:

 Science Signaling 7:ra114, 2014
 Chemistry & Biology 21:453-458, 2014

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. 2015-21421 Filed 8-28-15; 8:45 am]
BILLING CODE 4150-31-P



                                                                           Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices                                                 52479

                                              Contents                                                respectively. Additionally, on October                associated with submitting additional
                                                This notice sets out a summary of the                 30, 2013, HHS published the Second                    data validation information to CMS.
                                              use and burden associated with the                      Final Program Integrity rule (78 FR                   Form Number: CMS–10401 (OMB
                                              following information collections. More                 65076) to align the risk corridors                    control number: 0938–1155); Frequency:
                                              detailed information can be found in                    program with the requirements of the                  Annual; Affected Public: Health
                                                                                                      single risk pool provision at 45 CFR                  insurance companies that issued
                                              each collection’s supporting statement
                                                                                                      156.80. The risk corridors data                       qualified health plans; Number of
                                              and associated materials (see
                                                                                                      collection applies to QHP issuers the                 Respondents: 250; Total Annual
                                              ADDRESSES).
                                                                                                      individual and small group markets.                   Responses: 250; Total Annual Hours:
                                              CMS–10401 Standards Related to                          Each QHP issuer is required to submit                 2,040. (For policy questions regarding
                                              Reinsurance, Risk Corridors, and Risk                   an annual report to CMS concerning the                this collection contact Jaya Ghildiyal at
                                              Adjustment                                              issuer’s allowable costs, allowable                   301–492–5149).
                                                Under the PRA (44 U.S.C. 3501–                        administrative costs, premium, and                       We are requesting OMB review and
                                              3520), federal agencies must obtain                     proportion of market premium in QHPs.                 approval of this collection by September
                                              approval from the Office of Management                  Risk corridors premium information                    4, 2015, with a 180-day approval period.
                                                                                                      that is specific to an issuer’s QHPs is               Written comments and
                                              and Budget (OMB) for each collection of
                                                                                                      collected through a separate data                     recommendations will be considered
                                              information they conduct or sponsor.
                                                                                                      reporting form.                                       from the public if received by the date
                                              The term ‘‘collection of information’’ is                  The risk corridors plan-level reporting
                                              defined in 44 U.S.C. 3502(3) and 5 CFR                                                                        and address noted above.
                                                                                                      form, and instructions for completing
                                              1320.3(c) and includes agency requests                                                                           Dated: August 26, 2015.
                                                                                                      the form were published as part of the
                                              or requirements that members of the                     information collection approved under                 William N. Parham, III,
                                              public submit reports, keep records, or                 OMB control number 0938–1164. In                      Director, Paperwork Reduction Staff, Office
                                              provide information to a third party. In                §§ 153.530 and 153.540 we set forth a                 of Strategic Operations and Regulatory
                                              compliance with the requirement of                                                                            Affairs.
                                                                                                      data validation process for risk corridors
                                              section 3506(c)(2)(A) of the Paperwork                  data submissions. The information                     [FR Doc. 2015–21476 Filed 8–27–15; 4:15 pm]
                                              Reduction Act of 1995, we have                          collection burden associated with the                 BILLING CODE 4120–01–P
                                              submitted to the Office of Management                   risk corridors data validation process is
                                              and Budget (OMB) the following                          accounted for in the ‘‘Supporting
                                              requirements for emergency review.                      Statement for Paperwork Reduction Act                 DEPARTMENT OF HEALTH AND
                                              This is necessary to ensure compliance                  Submissions: Standards Related to                     HUMAN SERVICES
                                              with an initiative of the Administration.               Reinsurance, Risk Corridors, Risk
                                              We are requesting an emergency review                                                                         Office of the Secretary
                                                                                                      Adjustment, and Appeals’’ approved
                                              under 5 CFR 1320.13(a)(2)(i) because                    under OMB control number 0938–1155.
                                              public harm is reasonably likely to                                                                           Findings of Research Misconduct
                                                                                                         Based on CMS’s identification of more
                                              result if the normal clearance                          significant data discrepancies than                   AGENCY:   Office of the Secretary, HHS.
                                              procedures are followed.                                previously anticipated, we are                        ACTION:   Notice.
                                              Information Collection                                  requesting an emergency revision to the
                                                                                                      risk corridors data validation                        SUMMARY:    Notice is hereby given that
                                                 1. Type of Information Collection                    information collection requirement. We                the Office of Research Integrity (ORI)
                                              Request: Revision of a currently                        are requiring all companies with QHP                  has taken final action in the following
                                              approved information collection; Title                  issuers to complete a checklist to attest             case:
                                              of Information Collection: Standards                    that their submission complied with                      Peter Littlefield, University of
                                              Related to Reinsurance, Risk Corridors,                 critical guidelines for risk corridors and            California, San Francisco: Based on an
                                              and Risk Adjustment; Use: Under                         MLR data submission. For companies                    assessment conducted by the University
                                              Section 1342 of the Patient Protection                  with issuers whose reported claims or                 of California, San Francisco (UCSF), the
                                              and Affordable Care Act and                             premium amounts for risk corridors and                Respondent’s admission, and analysis
                                              implementing regulation at 45 CFR part                  MLR differ from data collected for other              conducted by ORI, ORI and UCSF found
                                              153, issuers of qualified health plans                  premium stabilization programs by a                   that Mr. Peter Littlefield, Graduate
                                              (QHPs) must participate in a risk                       greater magnitude than expected, CMS                  Student on a leave of absence from the
                                              corridors program. A QHP issuer will                    is requiring that issuers quantify these              Tetrad Graduate Program, UCSF,
                                              pay risk corridors charges or be eligible               differences, and provide a written                    engaged in research misconduct in
                                              to receive risk corridors payments or                   explanation of the magnitude of the                   research supported by National Institute
                                              based on the ratio of the issuer’s                      discrepancy. We require these                         of General Medical Sciences (NIGMS),
                                              allowable costs to the target amount. A                 descriptions to be approved by an                     National Institutes of Health (NIH),
                                              final rule (Standards Related to                        actuary. The MLR Risk Corridors                       training grant T32 GM007810 and grant
                                              Reinsurance, Risk Corridors and Risk                    Submission Checklist and the Risk                     R01 GM109176.
                                              Adjustment) implementing the risk                       Corridors Data Discrepancy Worksheet                     ORI found that the Respondent
                                              corridors program was published on                      will be submitted via web form at the                 engaged in research misconduct by
                                              March 23, 2012 (77 FR 17220), which                     company level, such that a company                    falsifying and/or fabricating data in the
                                              added part 153 to title 45 of the Code                  will submit one checklist and one                     following two (2) publications:
                                              of Federal Regulations. Final rules                     discrepancy worksheet that includes                   • Science Signaling 7:ra114, 2014
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                                              (2014, 2015, and 2016 Payment Notices)                  information for all of its applicable                    (hereafter referred to as ‘‘Paper 1’’)
                                              outlining the risk corridors benefit and                issuers. As a result of this new                      • Chemistry & Biology 21:453–458,
                                              payment parameters for the 2014, 2015,                  requirement, we are updating our                         2014 (hereafter referred to as ‘‘Paper
                                              and 2016 benefit years were published                   annual burden hour estimates to reflect                  2’’)
                                              on March 11, 2013 (78 FR 15410),                        the actual numbers of risk corridors                     ORI found that Respondent
                                              March 11, 2014 (79 FR 13744), and                       submissions received by QHP issuers                   knowingly falsified and/or fabricated
                                              February 27, 2015 (80 FR 10750),                        and the increased annual burden hours                 data and related text by altering the


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                                              52480                        Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices

                                              experimental data to support the                          (3) to exclude himself voluntarily                  Scientific Review Program; Division of
                                              experimental hypothesis. Specifically:                  from serving in any advisory capacity to              Extramural Activities, Room 3F52B; National
                                                 1. ORI found falsified and/or                        PHS including, but not limited to,                    Institutes of Health/NIAID; 5601 Fishers
                                                                                                                                                            Lane, MSC 9823; Bethesda, MD 20892–9823;
                                              fabricated data in Paper 1 in:                          service on any PHS advisory committee,
                                                                                                                                                            (240) 669–5044; nv19q@nih.gov.
                                              a. Figure 5B by manipulation of the                     board, and/or peer review committee, or
                                                                                                                                                            (Catalogue of Federal Domestic Assistance
                                                 HER3 protein concentrations in the                   as a consultant for period of three (3)               Program Nos. 93.855, Allergy, Immunology,
                                                 experiment to provide the desired                    years beginning on August 4, 2015; and                and Transplantation Research; 93.856,
                                                 outcome                                                (4) to retraction or correction of the              Microbiology and Infectious Diseases
                                              b. Figure 6C for the identification of the              following papers:                                     Research, National Institutes of Health, HHS)
                                                 kinase domain construct EGFR–                        • Science Signaling 7:ra114, 2014                       Dated: August 26, 2015.
                                                 V924R by falsely claiming that both                  • Chemistry & Biology 21:453–458,
                                                                                                                                                            David Clary,
                                                 EGFR and HER3 contained the kinase                     2014
                                                                                                                                                            Program Analyst, Office of Federal Advisory
                                                 domains and the full JM segments,                    FOR FURTHER INFORMATION CONTACT:                      Committee Policy.
                                                 when the JM–HER3 construct                           Acting Director, Office of Research                   [FR Doc. 2015–21481 Filed 8–28–15; 8:45 am]
                                                 included cloning tags                                Integrity, 1101 Wootton Parkway, Suite                BILLING CODE 4140–01–P
                                              c. Figure 6D by manually manipulating                   750, Rockville, MD 20852, (240) 453–
                                                 the error bars to increase statistical               8200.
                                                 significance of the kinase assay                     Donald Wright,                                        DEPARTMENT OF HEALTH AND
                                                 2. ORI found falsified and/or                        Acting Director, Office of Research Integrity.        HUMAN SERVICES
                                              fabricated data in Paper 2 in:                          [FR Doc. 2015–21421 Filed 8–28–15; 8:45 am]           National Institutes of Health
                                              a. Figure 3C by manually altering some                  BILLING CODE 4150–31–P
                                                 of the data points by 10–20% support                                                                       Center for Scientific Review; Notice of
                                                 the desired hypothesis                                                                                     Closed Meetings
                                              b. Figure 4A by manipulating data                       DEPARTMENT OF HEALTH AND
                                                 points and reducing error bars and                   HUMAN SERVICES                                          Pursuant to section 10(d) of the
                                                 failing to report that JM–HER3                                                                             Federal Advisory Committee Act, as
                                                 construct had cloning tags                           National Institutes of Health                         amended (5 U.S.C. App.), notice is
                                              c. Figure 4B by reducing several data                                                                         hereby given of the following meetings.
                                                 points by ∼ 15%                                      National Institute of Allergy and                       The meetings will be closed to the
                                                                                                      Infectious Diseases; Notice of Closed                 public in accordance with the
                                                 Mr. Littlefield has entered into a                   Meeting                                               provisions set forth in sections
                                              Voluntary Settlement Agreement and                                                                            552b(c)(4) and 552b(c)(6), title 5 U.S.C.,
                                              has voluntarily agreed:                                   Pursuant to section 10(d) of the
                                                                                                                                                            as amended. The grant applications and
                                                 (1) To have his research supervised                  Federal Advisory Committee Act, as
                                                                                                                                                            the discussions could disclose
                                              for period of three (3) years beginning                 amended (5 U.S.C. App.), notice is
                                                                                                                                                            confidential trade secrets or commercial
                                              on August 4, 2015; Respondent agreed                    hereby given of the following meeting.
                                                                                                        The meeting will be closed to the                   property such as patentable material,
                                              that prior to the submission of an                                                                            and personal information concerning
                                              application for U.S. Public Health                      public in accordance with the
                                                                                                      provisions set forth in sections                      individuals associated with the grant
                                              Service (PHS) support for a research                                                                          applications, the disclosure of which
                                              project on which his participation is                   552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                                                                      as amended. The grant applications and                would constitute a clearly unwarranted
                                              proposed and prior to his participation                                                                       invasion of personal privacy.
                                              in any capacity on PHS-supported                        the discussions could disclose
                                              research, Respondent shall ensure that a                confidential trade secrets or commercial                Name of Committee: Center for Scientific
                                                                                                      property such as patentable material,                 Review Special Emphasis Panel; PAR Panel:
                                              plan for supervision of his duties is                                                                         Pregnancy in Women with Disabilities.
                                              submitted to ORI for approval; the                      and personal information concerning
                                                                                                      individuals associated with the grant                   Date: September 21, 2015.
                                              supervision plan must be designed to                                                                            Time: 2:00 p.m. to 4:00 p.m.
                                              ensure the scientific integrity of his                  applications, the disclosure of which                   Agenda: To review and evaluate grant
                                              research contribution; Respondent                       would constitute a clearly unwarranted                applications.
                                              agreed that he will not participate in                  invasion of personal privacy.                           Place: National Institutes of Health, 6701
                                              any PHS-supported research until such                     Name of Committee: National Institute of            Rockledge Drive, Bethesda, MD 20892
                                              a supervision plan is submitted to and                  Allergy and Infectious Diseases Special               (Telephone Conference Call).
                                              approved by ORI; Respondent agreed to                   Emphasis Panel; NIAID Investigator Initiated            Contact Person: Delia Olufokunbi Sam,
                                                                                                      Program Project Applications (P01).                   Ph.D., Scientific Review Officer, Center for
                                              maintain responsibility for compliance                                                                        Scientific Review, National Institutes of
                                              with the agreed upon supervision plan;                    Date: September 25 and 28, 2015.
                                                                                                        Time: September 25, 2015, 12:30 p.m. to             Health, 6701 Rockledge Drive, Room 3158,
                                                 (2) that for period of three (3) years               4:30 p.m.                                             MSC 7770, Bethesda, MD 20892, 301–435–
                                              beginning on August 4, 2015, any                          Agenda: To review and evaluate grant                0684, olufokunbisamd@csr.nih.gov.
                                              institution employing him shall submit                  applications.                                           Name of Committee: Emerging
                                              in conjunction with each application for                  Place: National Institutes of Health; Room          Technologies and Training Neurosciences
                                              PHS funds, or report, manuscript, or                    3F52B; 5601 Fishers Lane; Rockville, MD               Integrated Review Group, Bioengineering of
                                              abstract involving PHS-supported                        20892; (Telephone Conference Call).                   Neuroscience, Vision and Low Vision
                                              research in which Respondent is                           Time: September 28, 2015, 9:30 a.m. to              Technologies Study Section.
                                                                                                      2:00 p.m.                                               Date: September 29, 2015.
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                                              involved, a certification to ORI that the
                                              data provided by Respondent are based                     Agenda: To review and evaluate grant                  Time: 8:00 a.m. to 6:00 p.m.
                                                                                                      applications.                                           Agenda: To review and evaluate grant
                                              on actual experiments or are otherwise                    Place: National Institutes of Health; Room          applications.
                                              legitimately derived, and that the data,                3F52B; 5601 Fishers Lane; Rockville, MD                 Place: St. Gregory Luxury Hotel & Suites,
                                              procedures, and methodology are                         20892; (Telephone Conference Call).                   2033 M Street NW., Washington, DC 20036.
                                              accurately reported in the application,                   Contact Person: Nancy Vazquez-                        Contact Person: Robert C Elliott, Ph.D.,
                                              report, manuscript, or abstract;                        Maldonado, Ph.D., Scientific Review Officer;          Scientific Review Officer, Center for



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Document Created: 2018-02-23 11:04:17
Document Modified: 2018-02-23 11:04:17
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 52479 

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