Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 77641 

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FOR FURTHER INFORMATION CONTACT: 

Sandra M. Peay, Contact Representative 

or Renee Chapman, Contact 

Representative, Federal Trade 

Commission, Premerger Notification 

Office, Bureau of Competition, Room H– 

303, Washington, DC 20580, (202) 326– 

3100. 

By Direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2010–31092 Filed 12–10–10; 8:45 am] 

BILLING CODE 6750–01–M 

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: 

Sagar S. Mungekar, PhD, New York 

University School of Medicine: Based on 

the Respondent’s written admission and 

set forth below, the New York 

University School of Medicine 

(NYUSOM) and the Office of Research 

Integrity (ORI) found that Sagar S. 

Mungekar, PhD, former MD/PhD 

student in the Sackler Institute of 

Graduate Biomedical Sciences at 

NYUSOM, engaged in research 

misconduct in research supported by 

National Institute of General Medical 

Sciences (NIGMS), National Institutes of 

Health (NIH), grants R01 GM35769, R01 

GM55624, and T32 GM07308, and 

National Institute of Allergy and 

Infectious Diseases (NIAID), NIH, grant 

T32 AI007180. 

Dr. Mungekar admitted that in his 

PhD thesis he ‘‘increased statistical 

significance of the calculated means and 

standards of deviation [sic] of the UV 

spectrophometic [sic] data presented by 

discarding certain experimental data 

and thus presented data that was 

falsified. In addition, as the repression 

ratios calculated and conclusions 

reached based on these data that 

included falsified data, those values and 

conclusions are fabricated. 

Approximately, 60–75 of the 

[Respondent’s] PhD research data was 

changed or falsified.’’ Dr. Mungekar also 

admitted ‘‘while doing these 

experiments, I did not sequence all of 

the constructs that I constructed, thus, 

I could not be certain of the exact 

identity of the plasmids in question.’’ 

ORI found that Dr. Mungekar engaged 

in research misconduct (42 CFR 93.103) 

by fabricating and falsifying data. 

Specifically, ORI found that Dr. 

Mungekar falsified five tables and five 

figures (Tables 2–1, 2–2, 3–1, 4–1, 4–2 

and Figures 2–3, 3–1, 3–2, 4–3, and 4– 

4) in his Ph.D. thesis entitled 

‘‘Autoregulation of Ribonuclease E,’’ by 

discarding certain spectrophotometric 

data, to increase statistical significance, 

used to calculate repression ratios and 

RNA decay rates. Dr. Mungekar also 

claimed to have constructed 53 different 

reporter plasmids with RNase E 

mutants, when sequencing data did not 

exist to support this claim. 

Dr. Mungekar has entered into a 

Voluntary Settlement Agreement in 

which he has voluntarily agreed, for a 

period of three (3) years, beginning on 

November 22, 2010: 

(1) That any institution that submits 

an application for PHS support for a 

research project on which the 

Respondent’s participation is proposed 

or that uses him in any capacity on 

PHS-supported research, or that submits 

a report of PHS-funded research in 

which he is involved, must concurrently 

submit a plan for supervision of his 

duties to ORI for approval; the 

supervisory plan must be designed to 

ensure the scientific integrity of his 

research contribution; Respondent 

agrees that he will not participate in any 

PHS-supported research until such a 

supervision plan is submitted to ORI; 

(2) that any institution employing him 

submits, in conjunction with each 

application for PHS funds, or report, 

manuscript, or abstract involving PHSfunded research in which he is 

involved, a certification to ORI that the 

data provided by the Respondent are 

based on actual experiments or are 

otherwise legitimately derived and that 

the data, procedures, and methodology 

are accurately reported in the 

application or report; and 

(3) to exclude himself voluntarily 

from serving in any advisory capacity to 

the U.S. Public Health Service (PHS), 

including but not limited to service on 

any PHS advisory committee, board, 

and/or peer review committee, or as a 

consultant. 

FOR FURTHER INFORMATION CONTACT: 

Director, Division of Investigative 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
77642 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 

Oversight, Office of Research Integrity, 

1101 Wootton Parkway, Suite 750, 

Rockville, MD 20852, (240) 453–8800. 

John Dahlberg, 

Director, Division of Investigative Oversight, 

Office of Research Integrity. 

[FR Doc. 2010–31168 Filed 12–10–10; 8:45 am] 

BILLING CODE 4150–31–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Healthcare Research and 

Quality 

Priority Setting for the Children’s 

Health Insurance Program 

Reauthorization Act (CHIPRA) 

Pediatric Quality Measures Program— 

Notice of Correction 

On pages 75469 and 75470, Volume 

75, Number 232, Federal Register notice 

publication dated December 3, 2010, 

under DATES section, the correct date is: 

January 14, 2011. Also, on pages 75470 

and 75471, under section 

SUPPLEMENTARY INFORMATION all Web 

links that include the word: ‘‘ahrg’’ 

should be changed to: ‘‘AHRQ’’. 

Dated: December 7, 2010. 

Carolyn M. Clancy, 

Director, AHRQ. 

[FR Doc. C1–2010–31110 Filed 12–10–10; 8:45 am] 

BILLING CODE 4160–90–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[Docket Number NIOSH–219] 

Implementation of Section 2695 (42 

U.S.C. 300ff–131) of Public Law 111– 

87: Infectious Diseases and 

Circumstances Relevant to Notification 

Requirements 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services. 

ACTION: General Notice and Request for 

Comments. 

SUMMARY: The Ryan White HIV/AIDS 

Treatment Extension Act of 2009 (Pub. 

L. 111–87) addresses notification 

procedures for designated officers, 

medical facilities, and State and 

community public health officers 

regarding exposure of emergency 

response employees (EREs) to 

potentially life-threatening infectious 

diseases. The Secretary of Health and 

Human Services (Secretary) has 

delegated authority to the Director of the 

Centers for Disease Control and 

Prevention (CDC) to issue a list of 

potentially life-threatening infectious 

diseases, including emerging infectious 

diseases, to which EREs may be exposed 

in responding to emergencies (including 

a specification of those infectious 

diseases that are routinely transmitted 

through airborne or aerosolized means); 

guidelines describing circumstances in 

which employees may be exposed to 

these diseases; and guidelines 

describing the manner in which medical 

facilities should make determinations 

about exposures. CDC is seeking 

comment on the list of diseases and 

guidelines contained in this notice. 

DATES: Comments must be received by 

February 11, 2011. 

ADDRESSES: Comments on the content of 

this Notice should be in writing and 

addressed to: 

• E-mail: NIOSH Docket Officer, 

nioshdocket@cdc.gov. Include 

‘‘Infectious Diseases’’ and ‘‘42 U.S.C. 

300ff–131’’ in the subject line of the 

message. 

• Mail: NIOSH Docket Office, Robert 

A. Taft Laboratories, MS–C34, 4676 

Columbia Parkway, Cincinnati, OH 

45226. 

• Internet: Federal e-rulemaking 

portal, http://www.regulations.gov. 

Follow the instructions for submitting 

comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Notice. All 

comments will be posted without 

change to http://www.cdc.gov/niosh/ 

docket/archive/docket219.html, 

including any personal information 

provided. For detailed instructions on 

submitting comments and additional 

information about this process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.cdc.gov/niosh/docket/archive/ 

docket219.html. 

FOR FURTHER INFORMATION CONTACT: 

Centers for Disease Control and 

Prevention, Attention: James Spahr, 

Associate Director, Emergency 

Preparedness & Response, Office of the 

Director, National Institute for 

Occupational Safety and Health, Centers 

for Disease Control and Prevention, 

1600 Clifton Road, NE., Mailstop E20, 

Atlanta, GA 30333. Telephone (404) 

498–6185 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Public Participation 

Introduction 

Definitions 

Part I. List of potentially life-threatening 

infectious diseases to which emergency 

response employees may be exposed. 

Part II. Guidelines describing the 

circumstances in which such employees 

may be exposed to such diseases. 

Part III. Guidelines describing the manner in 

which medical facilities should make 

determinations for purposes of section 

2695B(d) [42 U.S.C. 300ff–133(d)]. 

Addendum: References 

Public Participation 

Interested persons or organizations 

are invited to participate in this request 

for public comments by submitting 

written views, arguments, 

recommendations, and data. Comments 

are invited on any topic related to this 

proposal. In particular, CDC invites 

comment on the list of infectious 

diseases and both sets of guidelines 

discussed herein. 

Comments submitted by e-mail or 

mail should be titled ‘‘Docket #219 

Public Comments,’’ addressed to the 

‘‘NIOSH Docket Officer,’’ and identify 

the author(s), return address, and a 

phone number, in case clarification is 

needed. Comments can be submitted by 

e-mail to nioshdocket@cdc.gov as e-mail 

text or as a Microsoft Word file 

attachment. Printed comments can be 

sent to the NIOSH Docket Office at the 

address above. All communications 

received on or before the closing date 

for comments will be fully considered 

by CDC in developing a final list of 

infectious diseases and guidelines 

which will be published in the Federal 

Register. 

Introduction 

The Ryan White HIV/AIDS Treatment 

Extension Act of 2009 (Pub. L. 111–87) 

amended the Public Health Service Act 

(PHS Act, 42 U.S.C. 201–300ii), 

including the addition of a Part G to 

Title XXVI, which addresses 

notification procedures and 

requirements for medical facilities, State 

public health officers and their 

designated officers regarding exposure 

of EREs to potentially life-threatening 

infectious diseases. (See Title XXVI, 

Part G of the PHS Act, codified as 

amended at 42 U.S.C. 300ff–131 to 

300ff–140.) 

For purposes of these notification 

requirements, Section 2695 [42 U.S.C. 

300ff–131] requires the Secretary of 

Health and Human Services (Secretary) 

to develop and disseminate: 

(1) A list of potentially lifethreatening infectious diseases, 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1