Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Notices 52035 

used to falsely represent Respondent’s 

own experiment for bone nodules 

formed in osteoblastic niche cells from 

young and aged mice. 

• Respondent falsely represented 

eight (8) flow cytometry contour plots as 

different experimental results by using 

identical plots but with different labels 

and different numerical percentages. 

Specifically, the following contour plots 

in the Blood paper, the Nature paper, an 

earlier version of the Nature paper 

submitted to Science (hereafter referred 

to as the ‘‘Science manuscript’’), and a 

July 2008 PowerPoint presentation were 

identical but were labeled differently: 

a. Panels 4 and 2 in Figure 6C, Blood 

paper, and panels 1 and 2, 

respectively, in supplementary Figure 

3b, Nature paper 

b. Panel 3 in Figure 6C, Blood paper, 

and panel 1 in Figure 2, July 2008 

PowerPoint presentation 

c. Panels 1 and 2, Figure 2b, Science 

manuscript, and panels 2 and 3, 

respectively, in Figure 2, July 2008 

PowerPoint presentation 

d. Panels 2, 3, and 4, supplemental 

Figure 4A, Blood paper, and panels 3, 

1, and 2, respectively, in Figure 4B, 

Science manuscript 

Both the Respondent and HHS want 

to conclude this matter without further 

expenditure of time or other resources 

and have entered into a Voluntary 

Settlement Agreement to resolve this 

matter. Respondent neither admits nor 

denies ORI’s finding of research 

misconduct. This settlement does not 

constitute an admission of liability on 

the part of the Respondent. Dr. Mayack 

has voluntarily agreed: 

(1) If within three (3) years from the 

effective date of the Agreement, 

Respondent does receive or apply for 

U.S. Public Health Service (PHS) 

support, Respondent agrees to have her 

research supervised for a period of three 

(3) years beginning on the date of her 

employment in a research position in 

which she receives or applies for PHS 

support and to notify her employer(s)/ 

institution(s) of the terms of this 

supervision; Respondent agrees that 

prior to the submission of an 

application for PHS support for a 

research project on which the 

Respondent’s participation is proposed 

and prior to Respondent’s participation 

in any capacity on PHS-supported 

research, Respondent shall ensure that a 

plan for supervision of Respondent’s 

duties is submitted to ORI for approval; 

the supervision plan must be designed 

to ensure the scientific integrity of 

Respondent’s research contribution; 

Respondent agrees that she shall not 

participate in any PHS-supported 

research until such a supervision plan is 

submitted to and approved by ORI; 

Respondent agrees to maintain 

responsibility for compliance with the 

agreed upon supervision plan; 

(2) If within three (3) years from the 

effective date of the Agreement, 

Respondent does receive or apply for 

PHS support, Respondent agrees that 

any institution employing her shall 

submit, in conjunction with each 

application for PHS funds, or report, 

manuscript, or abstract involving PHSsupported 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; and 

(3) To exclude herself 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 a period of three (3) 

years, beginning on July 27, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Director, Division of Investigative 

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. 2012–21236 Filed 8–27–12; 8:45 am] 

BILLING CODE 4150–31–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10003] 

Public Information Collection 

Requirements Submitted to the Office 

of Management and Budget (OMB); 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of notice. 

SUMMARY: This document corrects a 

technical error in the notice [Document 

Identifier: CMS–10003] entitled ‘‘Notice 

of Denial of Medical Coverage (or 

Payment)’’ that was published in the 

July 6, 2012 (77 FR 40064) Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

William Parham, (410) 786–4669. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the FR Doc. 2012–16514 of July 6, 

2012 (77 FR 40064), we published a 

Paperwork Reduction Act notice 

requesting a 60-day public comment 

period for the document entitled 

‘‘Notice of Denial of Medical Coverage 

(or Payment).’’ 

In the July 6, 2012 notice, we listed 

the incorrect contact information. 

Therefore, we are correcting that error in 

this notice. 

II. Correction of Error 

In FR Doc. 2012–16514 of July 6, 2012 

(77 FR 40064), make the following 

correction: 

On page 40068, first column, fourth 

full paragraph, on the fifteenth line in 

the paragraph beginning with ‘‘(For 

policy questions regarding, ’’ and 

ending with, ‘‘410–786–0273),’’ is 

corrected to read as follows. 

‘‘(For policy questions regarding this 

collection contact Kathryn McCann 

Smith at 410–786–7623.)’’ 

Dated: August 22, 2012. 

Martique Jones, 

Director, Regulations Development Group, 

Division B, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2012–21076 Filed 8–23–12; 11:15 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2008–E–0102] 

Determination of Regulatory Review 

Period for Purposes of Patent 

Extension; TORISEL 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) has determined 

the regulatory review period for 

TORISEL and is publishing this notice 

of that determination as required by 

law. FDA has made the determination 

because of the submission of an 

application to the Director of Patents 

and Trademarks, Department of 

Commerce, for the extension of a patent 

which claims that human drug product. 

ADDRESSES: Submit electronic 

comments to http:// 

www.regulations.gov. Submit written 

petitions along with three copies and 

written comments to the Division of 

Dockets Management (HFA–305), Food 

and Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 


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