59848 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices

of the proposed order. For Manheim and

Cox, the term of the proposed order is

10 years; for ADT and Tyco, the term

ends when the eight ADT auctions are

transferred to Manheim.

In the event that Proposed

Respondents fail to divest the required

auctions within the time allotted, the

proposed order enables the Commission

to appoint a trustee to divest any assets

necessary to satisfy the requirements of

the proposed order. Appointment of a

trustee is in addition to civil penalties

and other relief available from Proposed

Respondents for non-compliance with

any provision of the proposed order.

V. Opportunity for Public Comment

The proposed order has been placed

on the public record for 30 days for

receipt of comments by interested

persons. Comments received during this

period will become part of the public

record. After 30 days, the Commission

will again review the proposed order

and the comments received and will

decide whether it should withdraw from

the proposed order of make it final. By

accepting the proposed order subject to

final approval, the Commission

anticipates that the competitive

problems alleged in the proposed

complaint will be resolved. The purpose

of this analysis is to invite public

comment on the proposed order,

including the proposed divestitures, to

aid the Commission in its determination

of whether to make the proposed order

final. This analysis is not intended to

constitute an official interpretation of

the proposed order, nor is it intended to

modify the terms of the proposed order

in any way.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–25661 Filed 10–5–00; 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)

and the Assistant Secretary for Health

have taken final action in the following

case:

Caroline E. Garey, Boston College:

Based on the Report and Addendum of

the Boston College Research Misconduct

Investigation Committee and additional

analysis conducted by ORI in its

oversight review, the U.S. Public Health

Service (PHS) finds that Ms. Caroline E.

Garey, former doctoral student, Boston

College, engaged in scientific

misconduct by falsifying research

supported by National Institute of

Neurological Disorders and Strokes

(NINDS), National Institutes of Health

(NIH), grant R01 NS23355.

Specifically, as a graduate student at

Boston College, Ms. Garey falsified

restriction fragment length

polymorphism (RFLP) data for ABP and

DBA backcross mice DNA samples by

misrepresenting results from multiple

assays of identical backcross ABP DNA

samples as being from different animals

and misrepresenting the autoradiograms

of backcross ABP DNA samples as the

results from experiments on backcross

DBA mice. Ms. Garey reported this

falsified data in her doctoral

dissertation, ‘‘Defect in the

ceruloplasmin gene associated with

epilepsy in the EL mouse,’’ and in an

article in Nature Genetics 6:426–431,

1994. She caused her falsified data to be

reported by her laboratory director in

NINDS, NIH, grant application 2 R01

NS23355–08A1 and at an international

workshop on epilepsy on September 24,

1994. Ms. Garey also fabricated a

translation table that she used to assign

falsified RFLP data to individual

backcross DBA mice. As a result of

falsifying these assays over a minimum

of two and one-half years, none of Ms.

Garey’s research can be considered

reliable and the Nature Genetics

publication has been retracted. These

actions adversely and materially

affected the laboratory’s ongoing

research on the genetic causes of

epilepsy.

Ms. Garey also has engaged in a

pattern of dishonest conduct that

indicates that she is not presently

responsible to be a steward of Federal

funds. This pattern of behavior includes

(1) a history of falsely claiming that she

has performed scientific experiments

when she has not, and (2) repeated

instances in which she has

misrepresented her credentials to

prospective employers, colleagues,

customers, and the general public as

including a Ph.D. degree even though

Boston College refused to grant her a

doctoral degree because of her scientific

misconduct.

The publication affected is:

• Garey, C.E., Schwarzman, A.L.,

Rise, M.L., & Seyfried, T.N.

‘‘Ceruloplasmin gene defect associated

with epilepsy in EL mice.’’ Nature

Genetics 6:426–431, 1994 (retracted in

Nature Genetics 11:104, 1995).

While Ms. Garey does not admit to the

allegations of scientific misconduct, she

has entered into a Voluntary Exclusion

Agreement with PHS in which she has

voluntarily agreed for a period of five (5)

years, beginning on September 25, 2000:

(1) To exclude herself from any

contracting or subcontracting with any

agency of the United States Government

and from eligibility for, or involvement

in, nonprocurement transactions (e.g.,

grants and cooperative agreements) of

the United States Government as

defined in 45 CFR part 76 (Debarment

Regulations);

(2) To exclude herself 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.

FOR FURTHER INFORMATION CONTACT:

Director, Division of Investigative

Oversight, Office of Research Integrity,

5515 Security Lane, Suite 700,

Rockville, MD 20852, (301) 443–5330.

Chris Pascal,

Director, Office of Research Integrity.

[FR Doc. 00–25568 Filed 10–5–00; 8:45 am]

BILLING CODE 4160–17–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

Ethics Subcommittee of the Advisory

Committee to the Director, Centers for

Disease Control and Prevention;

Meeting

In accordance with section 10(a)(2) of

the Federal Advisory Committee Act

Pub. L. 92–463), the Centers for Disease

Control and Prevention (CDC)

announces the following subcommittee

meeting.

Name: Ethics Subcommittee of the

Advisory Committee to the Director, CDC.

Time and Date: 9:30 a.m.–5 p.m., October

16, 2000.

Place: Centers for Disease Control and

Prevention, 1600 Clifton Road, NE, Building

16, Room 5126, Atlanta, Georgia 30333.

Status: Open to the public, limited only by

the space available. The meeting room

accommodates approximately 25 people.

Purpose: This subcommittee will

anticipate, identify, and propose solutions to

strategic and broad ethical issues facing CDC.

Matters To Be Discussed: Agenda items

will include updates from the Associate

director for Science, Dixie E. Snider, M.D.,

M.P.H.; a discussion on ethical

considerations of studies to evaluate the risk

of transmission of Human Herpes virus

(HHV–8) in international settings; and

anticipating issues involved in future

decisions regarding this issue.