Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 66371 

Additional Information: In order to be 

eligible for a grant under 20 U.S.C. 1433, 

a State must provide assurance to the 

Secretary that the State has adopted a 

policy that appropriate early 

intervention services are available to all 

infants and toddlers with disabilities in 

the State and their families, including 

Indian infants and toddlers with 

disabilities and their families residing 

on a reservation geographically located 

in the State, infants and toddlers with 

disabilities who are homeless children 

and their families, and has in effect a 

statewide system that meets the 

requirements of 20 U.S.C. 1435. 

Frequency: Annually. 

Affected Public: State, Local, or Tribal 

Gov’t, SEAs or LEAs. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 56. 

Burden Hours: 560. 

Requests for copies of the proposed 

information collection request may be 

accessed from http://edicsweb.ed.gov, 

by selecting the ‘‘Browse Pending 

Collections’’ link and by clicking on 

link number 2927. When you access the 

information collection, click on 

‘‘Download Attachments’’ to view. 

Written requests for information should 

be addressed to U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Potomac Center, 9th Floor, Washington, 

DC 20202–4700. Requests may also be 

electronically mailed to the Internet 

address OCIO_RIMG@ed.gov or faxed to 

202–245–6621. Please specify the 

complete title of the information 

collection when making your request. 

Comments regarding burden and/or 

the collection activity requirements, 

contact Sheila Carey at her e-mail 

address Sheila.Carey@ed.gov. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–

8339. 

[FR Doc. 05–21971 Filed 11–1–05; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Research Misconduct 

AGENCY: Department of Education. 

ACTION: Notice of policy on research 

misconduct. 

SUMMARY: The United States Department 

of Education (Department) announces 

the establishment of a policy regarding 

research misconduct (Department’s 

Policy). The Department’s Policy 

implements the Federal Policy on 

Research Misconduct (Federal Policy) 

issued by the Executive Office of the 

President’s Office of Science and 

Technology Policy on December 6, 2000 

(65 FR 76260). 

EFFECTIVE DATE: The Department’s 

Policy is effective December 2, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Wolff, U.S. Department of 

Education, 555 New Jersey Avenue, 

NW., room 508C, Washington, DC 

20208–5643. Telephone: (202) 219–2067 

or by e-mail: Brenda.Wolff@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1–

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed in 

this section. 

SUPPLEMENTARY INFORMATION: 

Statement of Department of Education 

Policy Regarding Research Misconduct 

The Department recognizes the 

significant threat that research 

misconduct poses to the integrity, 

accuracy, and reliability of research 

funded by the Federal Government, 

including research funded by the 

Department. As an agency that provides 

funding for research, the Department is 

aware of the importance of establishing 

throughout the Government uniform 

policies and guidelines, to the extent 

practicable, as called for in the Federal 

Policy. 

The Federal Policy seeks to establish 

uniformity among Federal agencies in 

several key areas including the adoption 

of common definitions of research 

misconduct and related terms, as well as 

the establishment of uniform criteria for 

determining a finding of research 

misconduct (65 FR 76260, 76262, and 

76263). In addition, the Federal Policy 

recommends that Federal agencies 

adhere to certain common policies and 

procedures in applying their respective 

research misconduct policies, including 

establishing guidelines to ensure fair 

and timely procedures for responding to 

allegations of research misconduct. The 

Federal Policy also provides guidance to 

assist Federal agencies in determining 

the appropriate sanctions for research 

misconduct. 

The Department has determined that 

the best method of fulfilling its 

obligation is to establish a policy that (1) 

adopts the Federal Policy and (2) within 

the framework of regulations governing 

research funded by the Department, 

applies the common definitions and 

criteria for responding to allegations of 

research misconduct. 

Adoption of Common Definitions 

The Department adopts, and applies 

to research funded by it, the definition 

of research misconduct in the Federal 

Policy (65 FR 76260 and 76262). 

Accordingly, the Department applies the 

following definitions: 

Research misconduct means 

fabrication, falsification, or plagiarism 

in proposing, performing, or reviewing 

research or in reporting research results. 

However, the term does not include 

honest error or differences of opinion. 

Fabrication means making up data or 

results and recording or reporting them. 

Falsification means manipulating 

research materials, equipment, or 

processes, or changing or omitting data 

or results so that the research is not 

accurately represented in the research 

record. 

Plagiarism means appropriating 

another person’s ideas, processes, 

results, or words without giving proper 

credit. 

Consistent with the Federal Policy, 

the definition of research for purposes 

of the Department’s Policy includes all 

basic, applied, and demonstration 

research in all fields, as more fully 

described in the Federal Policy (65 FR 

76260 and 76263). The definition of 

research record as used in the 

Department’s Policy is identical to the 

definition used in the Federal Policy (65 

FR 76260 and 76263). 

Adoption of Common Standards for the 

Purpose of Finding Research 

Misconduct 

As stated in the Federal Policy, the 

Department considers that research 

misconduct has occurred if (1) there is 

a significant departure from the 

accepted practices of the relevant 

research community; (2) the misconduct 

occurs as the result of an intentional act 

or a knowingly or recklessly committed 

act; and (3) the allegation is proven by 

a preponderance of evidence. 

General Responsibilities of the 

Department and Research Institutions 

The Federal Policy describes, in 

general terms, the responsibilities that 

Federal agencies and research 

institutions share in responding to 

research misconduct. For purposes of 

the Department’s Policy, the Department 

has adopted the Federal Policy’s 

definition of research institution (65 FR 

76260 and 76263). Thus, this term 

includes all organizations, regardless of 

size, using Department funds for 

research, including intramural research 

conducted for the Department by 

employees and contractors. 

To the extent that the responsibilities 

of the Department and research 

66372 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 

institutions described in the Federal 

Policy are consistent with the 

Department’s regulations and Federal 

law, the Department’s Policy, elsewhere 

in this document, cites specific 

provisions that more fully describe the 

rights and responsibilities articulated in 

the Federal Policy. However, the 

Department’s Policy is not controlling if 

it is inconsistent with Federal law, the 

Department’s regulations, or the terms 

and conditions of any funding 

arrangement entered into by the 

Department. 

A research institution that has 

internal policies and procedures for 

responding to allegations of research 

misconduct may continue to rely on 

those procedures if appropriate. The 

Department’s Policy does not require a 

research institution that lacks these 

types of formal internal policies and 

procedures to establish them. However, 

the absence of an internal process does 

not lessen the importance of an 

institution’s self-policing in the 

administration of research funded by 

the Department. Any research 

institution that wishes to establish 

formal internal policies and procedures 

should refer to the Federal Policy’s 

guidance. 

The Federal Policy requires a research 

institution to notify the funding agency 

(or agencies in some cases) of an 

allegation of research misconduct if (1) 

the allegation involves Federally funded 

research (or an application for Federal 

funding) and meets the Federal 

definition of research misconduct, and 

(2) if the institution’s inquiry into the 

allegation determines there is sufficient 

evidence to proceed to an investigation. 

The Federal Policy also obligates a 

research institution to immediately 

notify a Federal agency if public health 

or safety is at risk, if agency interests or 

resources are threatened, if research 

should be suspended, or if there is a 

reasonable indication of possible civil or 

criminal violations. Additionally, the 

Federal Policy requires a research 

institution to notify a Federal agency if 

Federal action is required to protect the 

interests of those involved in the 

investigation or in situations in which 

the premature release of information 

related to an investigation into research 

misconduct requires possible Federal 

intervention to safeguard evidence and 

protect the rights of those involved (65 

FR 76260 and 76263). The Department 

adopts the Federal Policy with regard to 

obligatory notification by research 

institutions and applies the Federal 

Policy to research institutions receiving 

funding from the Department. 

The Department’s oversight 

responsibilities typically reside in the 

Principal Office (PO) responsible for 

making a research grant or awarding a 

research contract. Additional oversight 

responsibility lies with the 

Department’s Office of Inspector 

General (OIG). 

OIG has independent authority to 

investigate a research institution’s use of 

Department funds, as well as to conduct 

investigations related to waste, fraud, 

and abuse in programs funded by the 

Department. Anyone wishing to report 

alleged research misconduct may use 

the same hotline established by OIG for 

persons wishing to provide information 

concerning waste, fraud, and abuse. The 

telephone number for this hotline is 1–

800–MIS–USED; the e-mail address is 

oig.hotline@ed.gov. An individual 

making a report may choose to remain 

anonymous. 

General Guidelines for Establishing 

Fair and Timely Procedures 

The Federal Policy provides general 

guidance to assist research institutions 

in developing fair and timely 

procedures for responding to allegations 

of research misconduct (65 FR 76260 

and 76263). The guidelines are designed 

to provide safeguards for informants, as 

well as for persons alleged to have 

committed research misconduct. The 

guidelines address the importance of 

objectivity and expertise among those 

within a research institution tasked with 

reviewing allegations of misconduct. 

Department Regulations Governing 

Research Misconduct 

It is the Department’s Policy to pursue 

vigorously all allegations of misconduct 

involving research funded by the 

Department. While it is beyond the 

scope of the Department’s Policy to 

reference every Federal statute and 

regulation that could conceivably be 

used by the Department or another 

agency of the Government in responding 

to allegations of research misconduct, 

reference is made in the following 

sections of this notice to several specific 

regulations applicable to research 

misconduct. Research institutions that 

receive Department funds through 

grants or contracts are also subject to the 

specific provisions of the grant 

arrangement or contract, as applicable. 

1. Grants and Cooperative 

Agreements. A research institution that 

receives a grant or cooperative 

agreement from the Department to 

conduct research is subject to the 

provisions of the Education Department 

General Administrative Regulations 

(EDGAR). See generally 34 CFR parts 74, 

75, 77, 80, 81, 82, 84, 85, 86, 97, 98 and 

99. 

These regulations describe various 

remedies available to the Department, 

including the temporary withholding of 

cash payments, the disallowance of 

costs, and suspension or termination of 

the award (see 34 CFR part 74, subpart 

C, and part 75, subpart G). EDGAR also 

includes provisions related to hearings 

and appeals. 

The Department may also initiate a 

suspension or debarment action against 

a research institution, notwithstanding 

the imposition of any other enforcement 

action. The regulations governing 

suspensions and debarments for nonprocurement matters, including rights of 

hearing and appeal, are in 34 CFR part 

85. Specifically, under 34 CFR 85.305, 

the commission of fraud, forgery, or 

falsification is grounds for suspension 

or debarment. 

2. Contracts. A research institution 

that enters into a contract with the 

Department is subject to the provisions 

of the Federal Acquisition Regulations 

(FAR). See generally 48 CFR parts 3400 

through 3499. General provisions 

available to the Department to address 

instances of research misconduct under 

contracts are in 48 CFR part 52. 

Additionally with regard to contracts, 

the Department may initiate a 

debarment or suspension action under 

48 CFR 9.406 and 9.407. 

Research Misconduct Involving 

Department Employees 

The Department’s Policy applies to 

employees of the Department, each of 

whom is subject to standards of conduct 

that apply to research conducted within 

the Department. Federal regulations 

require an employee to (1) put forth an 

honest effort in his or her work; and (2) 

protect and conserve Federal property 

and only use that property in authorized 

ways (5 CFR 2635.101(b)(5) and (6)). 

Additionally, an employee must 

disclose instances of fraud, waste, 

abuse, and corruption (5 CFR 

2635.101(b)(11)). 

As indicated in the Department’s 

Personnel Manual Instruction (PMI), 

possible sanctions for employee 

misconduct in research may include 

suspension or termination from Federal 

employment (PMI 751–1, Table of 

Penalties, item 24). An employee’s 

supervisor has initial responsibility for 

responding to employee research 

misconduct. To assist supervisors in 

administering an appropriate remedy, 

the Merit Systems Protection Board has 

established 12 criteria, commonly 

referred to as the ‘‘Douglas Factors,’’

used in determining the appropriate 

penalty. See Douglas v. Veterans 

Administration, 5 Merit Systems 

Protection Board 313 (1981). 

Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 66373 

1Cleco Power LLC, Cleco Evangeline LLC, 

Perryville Energy Partners, LLC and Acadia Power 

Partners LLC. 

An employee who faces disciplinary 

proceedings has available a number of 

established procedures providing for the 

employee’s rights to appeal or otherwise 

challenge a disciplinary matter. These 

may include rights under the Merit 

Systems Protection Board regulations, 

Equal Employment Opportunity 

Commission (EEOC) regulations, and 

grievance procedures. 

Additional Considerations 

The authority and responsibility for 

responding to allegations and instances 

of research misconduct in the 

Department’s programs are shared 

among a wide variety of offices within 

the Department. The procedures 

described in this notice for 

investigating, adjudicating, and 

punishing instances of research 

misconduct are general in nature. 

Therefore, it is the Department’s Policy 

to pursue not only the remedies 

described in this notice, but, also all 

legal remedies available to the 

Department and other Federal agencies 

in responding to instances of research 

misconduct. 

Thus, while the Department’s Policy 

is intended to comply with the Federal 

Policy, it is not intended to create, 

waive, amend, or otherwise abrogate 

any statutory or regulatory right that 

may otherwise exist or come into 

existence concerning the subject of 

research misconduct. 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. 

To use PDF, you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is published in the Federal Register. Free 

Internet access to the official edition of the 

Federal Register and the Code of Federal 

Regulations is available on GPO Access at: 

http://www.gpoaccess.gov/nara/index.html. 

(Catalog of Federal Domestic Assistance 

Number does not apply.) 

Dated: October 27, 2005. 

Margaret Spellings, 

Secretary of Education. 

[FR Doc. 05–21874 Filed 11–1–05; 8:45 am] 

BILLING CODE 4000–01–U 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EL06–4–000] 

Acadia Power Partners, LLC; Cleco 

Power LLC; Cleco Evangeline LLC; 

Perryville Energy Partners, LLC; Notice 

of Institution of Proceeding and 

Refund Effective Date 

October 25, 2005. 

On October 21, 2005, the Commission 

issued an order that instituted a 

proceeding in Docket No. EL06–4–000, 

pursuant to section 206 of the Federal 

Power Act (FPA) 16 U.S.C. 824e, to 

examine the justness and 

reasonableness of the Cleco 

Companies’ 1 market-based rates for the 

City of Lafayette Power Authority and 

the Louisiana Energy and Power 

Authority control areas. Acadia Power 

Partners, LLC, et al., 113 FERC ¶ 61,073 

(2005). 

The refund effective date in Docket 

No. EL06–4–000, established pursuant 

to section 206(b) of the FPA, will be the 

date of publication of this notice in the 

Federal Register. 

Magalie R. Salas, 

Secretary. 

[FR Doc. E5–6034 Filed 11–1–05; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RP06–40–000] 

East Tennessee Natural Gas, LLC; 

Notice of Proposed Changes in FERC 

Gas Tariff 

October 21, 2005. 

Take notice that on October 18, 2005, 

East Tennessee Natural Gas, LLC (East 

Tennessee) tendered for filing as part of 

its FERC Gas Tariff, Third Revised 

Volume No. 1, a proposed Fourth 

Revised Sheet No. 394, to designate a 

service agreement with Ariana Energy, 

LLC under Rate Schedule FT–A (the 

Agreement) as a non-conforming 

agreement. East Tennessee requests that 

the Commission accept the proposed 

tariff sheet, effective November 18, 

2005. 

East Tennessee states that it is also 

submitting the Agreement to comply 

with the Commission’s regulations 

regarding the filing of non-conforming 

agreements. East Tennessee requests 

such waivers of the Commission’s 

regulations as may be necessary for the 

Agreement to be made effective on 

December 1, 2003. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211 and 

385.214). Protests will be considered by 

the Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed in accordance 

with the provisions of section 154.210 

of the Commission’s regulations (18 CFR 

154.210). Anyone filing an intervention 

or protest must serve a copy of that 

document on the Applicant. Anyone 

filing an intervention or protest on or 

before the intervention or protest date 

need not serve motions to intervene or 

protests on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Magalie R. Salas, 

Secretary. 

[FR Doc. E5–6040 Filed 11–1–05; 8:45 am] 

BILLING CODE 6717–01–P