52342 Federal Register / Vol. 62, No. 194 / Tuesday, October 7, 1997 / Notices

Part V. of the proposed order covers

the efforts Weight Watchers shall use to

obtain its weight loss program

franchisees’ and licensees’

(‘‘franchisees’’) compliance with the

order.

Weight Watchers is required under

Part V., among other things, to:

(1) distribute a copy of this order to

each of its weight loss program

franchisees or licensees within forty-five

days after service of the order;

(2) review advertising and

promotional materials submitted to it

from its franchisees or licensees prior to

dissemination and publication to

determine compliance with the

requirements of the order;

(3) notify any franchisee or licensee in

writing if any advertising or

promotional material does not comply

with the requirements of the order and

that it should not be disseminated or

published;

(4) monitor franchisee and licensee

advertising and where it finds

advertising that has not been submitted

to it and which it believes is not in

compliance with the requirements of the

order, to notify such franchisee or

licensee in writing of its findings and

that such advertising should be

withdrawn;

(5) maintain separate files for each

franchisee or licensee containing copy

of the signed receipt and copies of any

correspondence relating to any

advertising and promotional materials

with respect to the issues raised by the

order for a period of three (3) years;

(6) make these files available to the

Commission staff for inspection and

copying; and

(7) where the order provides for the

distribution of documents containing

certain information to participants, to

include such information in ‘‘Program’’

materials which its franchisees or

licensees are required to supply to each

participant.

In addition, subparagraph B. of Part V.

requires Weight Watchers to include in

all future weight loss program

agreements with new franchisees or

licensees a requirement that the

franchisee or licensee operate its

business in full compliance with the

prohibitions and affirmative

requirements imposed on respondent

pursuant to Part I. of the Commission’s

order. This part of the order defines

‘‘new franchisees or licensees’’ to mean

those who are not franchised or licensed

to conduct any weight loss program, or

those who do not own or control such

franchisees or licensees, at the time the

order becomes final.

Part VI. of the proposed order would

require Weight Watchers to file a

compliance report with the Commission

within sixty days after the date of

service of this order.

Part VII. of the proposed order is a

sunset provision that indicates, in part,

that this order will terminate twenty

years from the date of its issuance.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and it is not intended

to constitute an official interpretation of

the agreement and proposed order, or to

modify in any way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 97–26525 Filed 10–6–97; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the Office of Research Integrity (ORI)

has made a final finding of scientific

misconduct in the following case:

Xiaomin Shang, Ph.D., University of

Texas Southwestern Medical Center:

Based upon a report from the University

of Texas Southwestern Medical Center,

information obtained by the Office of

Research Integrity (ORI) during its

oversight review, and Dr. Shang’s own

admission, ORI found that Dr. Shang, a

former postdoctoral fellow student in

the Department of Obstetrics and

Gynecology, University of Texas

Southwestern Medical Center, engaged

in scientific misconduct arising out of

certain biomedical research supported

by a training grant from the National

Institute of Child Health and Human

Development (NICHD), National

Institutes of Health (NIH).

Specifically, Dr. Shang fabricated a

chemiluminescent film of a Western

blot by using a physical mask to alter

the prior results showing lack of

antibody specificity to a human steroid

metabolizing isozyme, rather than

replicating an experiment as requested

by his mentor. The fabricated data were

not published.

Dr. Shang has accepted the ORI

finding and has entered into a Voluntary

Exclusion Agreement with ORI in which

he has voluntarily agreed, for the three

(3) year period beginning September 29,

1997:

(1) To exclude himself from serving in

any advisory capacity to the 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; and

(2) That any institution that submits

an application for PHS support for a

research project on which Dr. Shang’s

participation is proposed or which uses

him in any capacity on PHS supported

research or that submits a report of PHSfunded research in which he is involved

must concurrently submit a plan for

supervision of his duties to the funding

agency for approval. The supervisory

plan must be designed to ensure the

scientific integrity of Dr. Shang’s

research contribution. The institution

also must submit a copy of the

supervisory plan to ORI.

No scientific publications were

required to be corrected as part of this

Agreement.

FOR FURTHER INFORMATION CONTACT:

Acting Director, Division of Research

Investigations, Office of Research

Integrity, 5515 Security Lane, Suite 700,

Rockville, MD 20852, (301) 443–5330.

Chris B. Pascal,

Acting Director, Office of Research Integrity.

[FR Doc. 97–26499 Filed 10–6–97; 8:45 am]

BILLING CODE 4160–17–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Agency for Toxic Substances and

Disease Registry

Public Meeting of the Inter-tribal

Council on Hanford Health Projects

(ICHHP), in association with the

meeting of the Citizens Advisory

Committee on Public Health Service

(PHS) Activities and Research at

Department of Energy (DOE) Sites:

Hanford Health Effects Subcommittee

(HHES): Cancellation of meeting.

This notice announces the

cancellation of a previously announced

meeting.

Federal Notice Citation of Previous

Announcement: 62 FR 6973, February

14, 1997.

Previously Announced Time and

Date: 9 a.m.–5 p.m., December 10, 1997.

Change in the Meeting: This meeting

has been cancelled.

Contact Person for More Information:

James K. Carpenter, Executive Secretary,

Citizens Advisory Committee on PHS

Activities and Research at DOE Sites:

HHES, ATSDR, 1600 Clifton Road, NE,

M/S E–32, Atlanta, Georgia 30333,

telephone 404/639–6027.
Federal Register / Vol. 62, No. 194 / Tuesday, October 7, 1997 / Notices 52343

Dated: October 1, 1997.

Carolyn J. Russell,

Director, Management Analysis and Services

Office Centers for Disease Control and

Prevention (CDC).

[FR Doc. 97–26496 Filed 10–6–97; 8:45 am]

BILLING CODE 4163–70–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Agency for Toxic Substances and

Disease Registry

Citizens Advisory Committee on Public

Health Service (PHS) Activities and

Research at Department of Energy

(DOE) Sites: Hanford Health Effects

Subcommittee (HHES); Meeting

Cancellation

This notice announces the

cancellation of a previously announced

meeting.

Federal Notice Citation of Previous

Announcement: 62 FR 6539, February

12, 1997.

Previously Announced Times and

Dates: 9 a.m.–5 p.m., and 6:30 p.m.–8:30

p.m., December 11, 1997; 9:30 a.m.–3:30

p.m., December 12, 1997.

Change in the Meeting: This meeting

has been cancelled.

Contact Person for More Information:

James K. Carpenter, Executive Secretary,

Citizens Advisory Committee on PHS

Activities and Research at DOE Sites:

HHES, ATSDR, 1600 Clifton Road, NE,

M/S E–32, Atlanta, Georgia 30333,

telephone 404/639–6027.

Dated: October 1, 1997.

Carolyn J. Russell,

Director, Management Analysis and Services

Office, Centers for Disease Control and

Prevention (CDC).

[FR Doc. 97–26497 Filed 10–6–97; 8:45 am]

BILLING CODE 4163–70–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

National Institute for Occupational

Safety and Health; Occupational

Exposure to Inorganic Lead: Request

for Comments and Information

AGENCY: National Institute for

Occupational Safety and Health

(NIOSH), Centers for Disease Control

and Prevention (CDC), Department of

Health and Human Services (DHHS).

ACTION: Request for Comments and

Information Relevant to Occupational

Exposure to Inorganic Lead.

SUMMARY: NIOSH is reviewing its

recommendations contained in the

document Criteria for a Recommended

Standard....Occupational Exposure to

Inorganic Lead, Revised Criteria—1978

[NIOSH 1978]. The evaluation of recent

literature indicates that the NIOSH

recommended exposure limit (REL) of

100 g/m3 as an 8-hour time-weighted

average (TWA) in that document does

not sufficiently protect workers from the

adverse effects of exposure to inorganic

lead. NIOSH is requesting comments

and information relevant to the

evaluation of the potential health risks

associated with occupational exposure

to inorganic lead, as well as case reports

or other data that demonstrate adverse

health effects in workers exposed to

inorganic lead at or below the OSHA

permissible exposure limit (PEL) of 50

g/m3 as an 8-hour TWA and any

information pertinent to evaluating the

technical feasibility of establishing a

more protective REL for inorganic lead.

NIOSH is also soliciting information on

worker blood lead levels (BLLs)

including data on methodologies used

in measuring BLLs in the workplace and

information that can be used for

comparing airborne inorganic lead

concentrations to observed BLLs.

NIOSH intends to analyze the

feasibility of developing preventive

measures including an REL that would

provide better protection for workers. In

the interim, NIOSH plans to adopt the

more protective current OSHA PEL as

its REL.

DATES: Written comments to this notice

should be submitted to Diane Manning,

NIOSH Docket Office, 4676 Columbia

Parkway, M/S C–34, Cincinnati, Ohio

45226, on or before December 8, 1997.

Comments may also be faxed to Diane

Manning at (513) 533–8285 or submitted

by email to dmm2@cdc.gov as

WordPerfect 6.0/6.1 files.

FOR FURTHER INFORMATION CONTACT:

Technical information may be obtained

from Dr. Henryka Nagy, NIOSH, CDC,

4676 Columbia Parkway, M/S C–32,

Cincinnati, Ohio 45226, telephone (513)

533–8369.

SUPPLEMENTARY INFORMATION: NIOSH

has conducted a literature review of the

health effects data on inorganic lead

exposure and finds evidence that some

adverse effects on the adult

reproductive, cardiovascular, and

hematologic systems, and on the

development of children of exposed

workers can occur at BLLs as low as 10

g/dl with no apparent threshold. At

BLLs below 40 g/dl, many of the health

effects associated with lead exposure

would not necessarily be evident by

routine physical examinations, but

represent early stages in a continuum of

disease development. The risk of

developing adverse health effects

appears to increase as BLLs rise above

40 g/dl.

In the NIOSH 1978 criteria document

entitled Occupational Exposure to

Inorganic Lead [NIOSH 1978], NIOSH

recommended that exposure to

inorganic lead be limited to 100 g/m3 as

an 8-hour TWA. This exposure limit

was expected to maintain BLLs below

60 g/dl and to prevent clinical health

effects to the hematologic system, the

central and peripheral nervous systems,

the reproductive system, and the

kidneys. NIOSH also expressed concern

about possible health effects that may

occur below 60 g/dl:‘‘In adhering to the

60 g/dl figure, NIOSH has not

relinquished its concerns for possible

effects that may occur below 60 g/dl.

Adherence to this 60 g/dl figure should

not be interpreted as a firm NIOSH

opposition to establishing a lower blood

lead standard. In fact, NIOSH endorses

a lower blood lead standard as a future

goal to provide greater assurance of

safety.

In 1978, the Occupational Safety and

Health Administration (OSHA)

promulgated an occupational inorganic

lead standard for general industry that

incorporates a PEL of 50 g/m3 which is

intended to maintain worker BLLs

below 40 g/dl. OSHA also included

provisions for reducing the PEL for

work shifts that exceed 8 hours, medical

monitoring of workers exposed to

airborne inorganic lead concentrations

at or above the action level of 30 g/m3,

and medical removal of workers with

BLLs greater than 50 g/dl. Workers are

permitted to return to jobs involving

inorganic lead exposure only after their

BLLs have declined to 40 g/dl.

OSHA concluded in 1978 that a PEL

of 50 g/m3 represented the lowest level

for which there was evidence of

feasibility in most industries. OSHA

also acknowledged that, based on the

scientific data, the PEL of 50 g/m3 did

not provide protection from all adverse

health effects of inorganic lead toxicity

because the hematologic system, the

nervous system, the kidneys, and the

fetus can be adversely affected by

exposures to inorganic lead resulting in

BLLs below 40 g/dl (43 FR 52952,

November 14, 1978). In May 1993,

OSHA published the Interim Final Lead

in Construction Standard (58 FR 26590,

May 4, 1993). This standard extended

the general industry standard for

inorganic lead to include workers in the

construction industry. No additional

analysis of the health data was

performed by OSHA in adopting this

standard for the construction industry.