70186 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices 

not include any sensitive health 

information, like medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is . . . 

privileged or confidential,’’ as discussed 

in Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and FTC Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

you are required to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c). Your comment will be kept 

confidential only if the FTC General 

Counsel grants your request in 

accordance with the law and the public 

interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comment online, or to send it to the 

Commission by courier or overnight 

service. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/

amplifierrulepra2, by following the 

instructions on the Web-based form. If 

this Notice appears at http://

www.regulations.gov, you also may file 

a comment through that Web site. 

If you file your comment on paper, 

write ‘‘Amplifier Rule: FTC File No. 

P974222’’ on your comment and on the 

envelope, and mail or deliver it to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW., Suite 

CC–5610 (Annex J), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW., 

5th Floor, Suite 5610 (Annex J), 

Washington, DC 20024. If possible, 

submit your paper comment to the 

Commission by courier or overnight 

service. 

The FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before December 26, 2014. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.shtm. 

Comments on the information 

collection requirements subject to 

review under the PRA should also be 

submitted to OMB. If sent by U.S. mail, 

address comments to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention: Desk Officer for the Federal 

Trade Commission, New Executive 

Office Building, Docket Library, Room 

10102, 725 17th Street NW., 

Washington, DC 20503. Comments sent 

to OMB by U.S. postal mail, however, 

are subject to delays due to heightened 

security precautions. Thus, comments 

instead should be sent by facsimile to 

(202) 395–5167. 

David C. Shonka, 

Principal Deputy General Counsel. 

[FR Doc. 2014–27894 Filed 11–24–14; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

[Document Identifier: HHS–OS–0990–0330– 

30D] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Public Comment 

Request 

AGENCY: Office of the Secretary, HHS. 

ACTION: Notice. 

SUMMARY: In compliance with section 

3507(a)(1)(D) of the Paperwork 

Reduction Act of 1995, the Office of the 

Secretary (OS), Department of Health 

and Human Services, has submitted an 

Information Collection Request (ICR), 

described below, to the Office of 

Management and Budget (OMB) for 

review and approval. The ICR is for 

extending the use of the approved 

information collection assigned OMB 

control number 0990–0330, scheduled 

to expire on 12/31/14. Comments 

submitted during the first public review 

of this ICR will be provided to OMB. 

OMB will accept further comments from 

the public on this ICR during the review 

and approval period. 

DATES: Comments on the ICR must be 

received on or before December 26, 

2014. 

ADDRESSES: Submit your comments to 

OIRA_submission@omb.eop.gov or via 

facsimile to (202) 395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Information Collection Clearance staff, 

Information.CollectionClearance@

hhs.gov or (202) 690–6162. 

SUPPLEMENTARY INFORMATION: When 

submitting comments or requesting 

information, please include the OMB 

control number <OCN> and document 

identifier HHS–OS–0990–0330 30D for 

reference. 

Information Collection Request Title: 

Annual Appellant Climate SurveyOffice of Medicare Hearings and 

Appeals (OMHA). 

OMB No.: 0990–0330. 

Abstract: The annual OMHA 

Appellant Climate Survey is a survey of 

Medicare beneficiaries, providers, 

suppliers, or their representatives who 

participated in a hearing before an 

Administrative Law Judge (ALJ) from 

the Office of Medicare Hearings and 

Appeals (OMHA). Appellants 

dissatisfied with the outcome of their 

Level 2 Medicare appeal may request a 

hearing before an OMHA ALJ. The 

Appellant Climate Survey will be used 

to measure appellant satisfaction with 

their OMHA appeals experience, as 

opposed to their satisfaction with a 

specific ruling. 

OMHA was established by the 

Medicare Prescription Drug, 

Improvement, and Modernization Act 

(MMA) of 2003 (Pub. L. 108–173) and 

became operational on July 1, 2005. The 

MMA legislation and implementing 

regulations issued on March 8, 2007 

instituted a number of changes in the 

appeals process. The MMA legislation 

also directed the U.S. Department of 

Health and Human Services to consider 

the feasibility of conducting hearings 

using telephone or video-teleconference 

(VTC) technologies. In carrying out this 

mandate, OMHA makes use of VTC to 

provide appellants with a vast 

nationwide network of access points for 

hearings close to their homes. The first 

three-year administration cycle of the 

OMHA survey began in FY08 and a 

second three-year cycle began in FY12. 

The survey will continue to be 

conducted annually over a three-year 

period, beginning in FY15. 

Likely Respondents: Survey 

respondents will consist of Medicare 

beneficiaries, providers, suppliers, or 

their representatives who participated 

in a hearing before an OMHA ALJ. 

OMHA will draw a representative, nonredundant sample of appellants whose 

cases have been closed in the last six 

months. 


wreier-aviles on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices 70187 

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

Type of 

respondent Form name Number of respondents 

Number 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Total 

burden 

hours 

Charged at rate of Healthcare Providers and Suppliers.Form A ............................................. 240 1 11/60 44 

Charged at rate of Beneficiaries ....... Form A ............................................. 160 1 11/60 29 

Total ........................................... ........................................................... 400 1 11/60 73 

OS specifically requests comments on 

(1) the necessity and utility of the 

proposed information collection for the 

proper performance of the agency’s 

functions, (2) the accuracy of the 

estimated burden, (3) ways to enhance 

the quality, utility, and clarity of the 

information to be collected, and (4) the 

use of automated collection techniques 

or other forms of information 

technology to minimize the information 

collection burden. 

Darius Taylor, 

Information Collection Clearance Officer. 

[FR Doc. 2014–27835 Filed 11–24–14; 8:45 am] 

BILLING CODE 4150–46–P 

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: 

Dr. Igor Dzhura, Vanderbilt 

University: Based on an inquiry 

conducted and admission obtained by 

Vanderbilt University (VU) and 

additional analysis conducted by ORI in 

its oversight review, ORI found that Dr. 

Igor Dzhura, former Senior Research 

Associate, Department of Biomedical 

Engineering, VU, engaged in research 

misconduct in research supported by 

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

specifically National Heart, Lung, and 

Blood Institute (NHLBI), National 

Institutes of Health (NIH), grants R01 

HL070250, R01 HL062494, P01 

HL046681, and K08 HL03727, National 

Institute of Arthritis and 

Musculoskeletal and Skin Diseases 

(NIAMS), NIH, grant R01 AR044864, 

National Institute of Mental Health 

(NIMH), NIH, grant R01 MH063232, 

National Institute of Allergy and 

Infectious Diseases (NIAID), NIH, grant 

U01 AI06223, and National Cancer 

Institute (NCI), NIH, grant U54 

CA113007. 

ORI found that Respondent engaged 

in research misconduct by providing 

falsified and/or fabricated data to his 

supervisor and colleagues. Specifically, 

Respondent: 

• Submitted falsified cytosolic calcium 

buffering experiments to his research 

supervisor by misrepresenting 

apparent action potential traces; these 

actually were fluorescent calcium 

transients merged with sodium 

calcium exchange currents from a 

different experiment; Respondent 

admitted to falsely claiming ten 

replicates for each trace when only 

testing three to five cells 

• falsified sodium calcium exchange 

(NCX) activity in Very Long Chain 

Acid Dehydrogenase Deficient 

(VLCAD) mice versus wild type mice 

in a PowerPoint presentation by 

falsely labeling and manipulating 

NCX data from a different experiment 

testing an unrelated compound; the 

effect was to falsely claim a difference 

in NCX activity between the two 

mouse phenotypes 

• provided a falsified Figure 6C in a 

manuscript submitted to Nature Cell 

Biology, while claiming that the data 

were based on Respondent’s memory 

of his data that had purportedly been 

collected and lost; Respondent 

claimed to have tested one hundred 

fifty (150) cells for their action 

potential characteristics when the 

experimental record only accounted 

for approximately twenty (20). 

ORI found that Respondent engaged 

in research misconduct by falsifying 

and/or fabricating the research record of 

patch-clamp data. Specifically, 

Respondent: 

• Created a hierarchy of computer 

folders containing duplicated and 

renamed files; the falsified groups of 

files included eighty-two (82) groups 

of duplicated files with each group 

containing two to twenty-one (2–21) 

duplicates, which made it appear that 

experiments were conducted when 

they were not 

• used the falsified and/or fabricated 

data files in Figure 6 of a paper 

published in the American Journal of 

Physiology-Heart and Circulatory 

Physiology (292(5):H2202–H2211, 

2007), to represent Ca+ currents in 

cardiac myocytes from CLCAD-/- 

mice; specifically, Respondent 

claimed that Figure 6 represented 

results from seven (7) mice when the 

data files were three (3) sets of 

duplicated and renamed files plus one 

additional data file. All of the data 

files were part of larger groups of 

identical duplicated and renamed 

data files on the Respondent’s hard 

drive. 

ORI found that Respondent engaged 

in research misconduct by submitting 

and publishing multiple falsified and/or 

fabricated action potential traces and 

summary data in at least sixty-nine (69) 

images in twelve (12) different figures 

across seven (7) publications and three 

(3) grant applications by duplication 

and relabeling of traces; resizing, 

modifying, and splicing different traces; 

and modifying and/or duplicating bar 

graphs. 

The evidence established that 

Respondent engaged in research 

misconduct, as defined by the PHS 

regulation, in that he significantly 

departed from accepted research 

practices by engaging in the intentional 

and knowing fabrication and 

falsification of data files. 

Dr. Dzhura has entered into a 

Voluntary Exclusion Agreement 

(Agreement) and has voluntarily agreed 

for a period of three (3) years, beginning 

on October 29, 2014: 

(1) To exclude himself from any 

contracting or subcontracting with any 

agency of the United States Government 

and from eligibility or involvement in 

nonprocurement programs of the United 

States Government referred to as 

‘‘covered transactions’’ pursuant to 

HHS’ Implementation (2 CFR part 376 et 

seq) of OMB Guidelines to Agencies on 

Governmentwide Debarment and 

Suspension, 2 CFR part 180 (collectively 

the ‘‘Debarment Regulations’’); 


wreier-aviles on DSK4TPTVN1PROD with NOTICES