74092 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Notices 

and 1C in Molecular Cancer 

Therapeutics 9:2724–36, 2010. The 

Respondent does not agree with ORI’s 

finding of research misconduct and 

asserts that there are extenuating 

circumstances for her actions. 

Specifically, ORI found that 

Respondent: 

1. included falsely labeled 

immunoblots in Figures 1D and 2A as 

follows: 

a. Figure 1D (lower panel), 

representing the total ERK levels in 

extracts from cells exposed to 15 Gy of 

gamma radiation for 0–120 minutes, by 

using results from an unrelated 

experiment for MAPK levels in extracts 

from cells exposed to 2, 12, or 20 Gy of 

gamma irradiation for 1, 5, 20, or 60 

minutes 

b. Figure 2A (KSR1 panel), 

representing a control Flag-KSR1 

immunoblot for extracts of cells 

transfected with control (TRE), wildtype KSR (KSR–S), or dominant 

negative inactive KSR (DN–KSR) 

exposed to no radiation or 5 minutes 

gamma irradiation, by using results form 

an unrelated experiment for KSRtransfected cells (KSR–S) irradiated 

with 0, 2, 5, 20, 15, 20 Gy irradiation 

c. Figure 2A (ERK panel), representing 

a control ERK immunoblot for extracts 

of cells transfected with control (TRE), 

wild-type KSR (KSR–S), or dominant 

negative inactive KSR (DN–KSR) 

exposed to no radiation or 5 minutes 

gamma irradiation, by using results from 

an unrelated experiment for KSRtransfected cells (KSR–S) irradiated 

with 0, 2, 5, 10, 15, 20 Gy irradiation 

2. included falsified images in Figures 

1D, 2A, and Supplementary Figures 1B 

and 1C by duplicating bands within the 

figures as follows: 

a. Figure 1D (top panel) for an 

immunoblot for p-ERK in A431 cells, by 

using the same bands to represent cells 

treated with ionizing radiation for 5 and 

10 minutes with the bands for 60 and 90 

minutes 

b. Figure 2A (top) for an in vitro 

kinase assay for p-GST-Elk-1, by 

duplicating lanes 2 and 5 to represent 

the control plasmid (TRE) at 5 minutes 

post radiation (lane 2) and the dominant 

negative inactive KSR (DN–KSR) NT 

lane (lane 5) 

c. Supplementary Figure 1B (middle 

panel) for an in vitro kinase assay for pGST–MEK, by using the same bands to 

represent cells exposed to 5 and 20 Gy 

ionizing radiation 

d. Supplementary Figure 1C (top 

panel) for an immunoblot for p-MEK1/ 

2, by using the same bands to represent 

cells exposed to 2 and 20 Gy ionizing 

radiation 

Dr. Xing has entered into a Voluntary 

Settlement Agreement (Agreement) and 

has voluntarily agreed: 

(1) that if within three (3) years from 

the effective date of the Agreement, 

Respondent receives or applies for U.S. 

Public Health Service (PHS) support, 

Respondent agrees to have her PHSsupported research supervised for a 

period of three (3) years beginning on 

the date of her employment 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 her duties is 

submitted to ORI for approval; the 

supervision plan must be designed to 

ensure the scientific integrity of 

Respondent’s research; 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) that if within three (3) years from 

the effective date of this Agreement, 

Respondent receives or applies for PHS 

support, for a period of three (3) years 

beginning on the date of her 

employment in which she receives or 

applies for PHS support, any institution 

employing her to work on PHSsupported projects shall submit, in 

conjunction with each application for 

PHS funds, or report, manuscript, or 

abstract involving PHS-supported 

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 November 13, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Acting Director, Office of Research 

Integrity, 1101 Wootton Parkway, Suite 

750, Rockville, MD 20852, (240) 453– 

8200. 

Donald Wright, 

Acting Director, Office of Research Integrity. 

[FR Doc. 2014–29295 Filed 12–12–14; 8:45 am] 

BILLING CODE 4150–31–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: 

James P. Warne, Ph.D., University of 

California San Francisco: Based on an 

assessment conducted by the University 

of California San Francisco (UCSF), the 

Respondent’s admission, and additional 

analysis conducted by ORI in its 

oversight review, ORI found that Dr. 

James P. Warne, former Senior Scientist, 

Diabetes Center, UCSF School of 

Medicine, engaged in research 

misconduct in research supported by 

National Institute of Diabetes and 

Digestive and Kidney Diseases (NIDDK), 

National Institutes of Health (NIH), 

grants DK080427, DK007161, and 

DK063720. 

ORI found that Respondent engaged 

in research misconduct by falsifying 

data that were included in the following 

two (2) publications and two (2) grant 

applications: 

• Cell Metabolism 14:791–803, 2011 

(hereafter referred to as the ‘‘Cell 

Metabolism paper’’) 

• Journal of Neuroscience 

33(29):11972–85, 2013 (hereafter 

referred to as the ‘‘Journal of 

Neuroscience paper’’) 

• R01 DK080427–06A1 submitted to 

NIDDK, NIH 

• R01 AA022665–01A1 submitted to 

the National Institute on Alcohol Abuse 

and Alcoholism (NIAAA), NIH 

ORI found that Respondent falsified 

data and related text by altering the 

experimental data to support the 

experimental hypothesis. Specifically: 

1. Respondent fabricated graphs 

purported to represent the results of ten 

(10) different ELISA experiments 

measuring norephinephrin (NE) or 

leptin levels in wild-type mice, in AGRP 

knockout mice, or in AGRP RNAi mice 

and controls that had received brain 

infusions of alpha-MPT, a tyrosine 

hydroxylase inhibitor or vehicle and 

leptin or AGRP in the following figures: 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Notices 74093 

• Figures 2D/E, 3G, and 7C in the Cell 

Metabolism paper 

• Figures 6B/C/E, Figure 8C, and Figure 

9H in the Journal of Neuroscience 

paper; Figures 6B/C/E of the Journal 

of Neuroscience paper also were 

included as Figures 5A/C/B in grant 

application DK080427–06A1, and 

Figure 8C of the Journal of 

Neuroscience paper also was included 

as Figure 8C in grant application 

DK080427–06A1 

• Figure 10B in grant application 

DK080427–06A1 

2. Respondent fabricated graphs 

purported to represent the results of six 

(6) different quantitative polymerase 

chain reaction (Q–PCR) experiments 

measuring mRNA levels in mouse liver 

from wild-type or AGRP RNAi mice and 

controls that had received brain 

infusions of alpha-MPT, a tyrosine 

hydroxylase inhibitor or vehicle and 

leptin, AGRP knockout mice injected 

with ethanol, or wild-type mice injected 

with ethanol and caffeine in the 

following figures: 

• Figure 2F in the Cell Metabolism 

paper 

• Figures 5A, 6F, and 9A in the Journal 

of Neuroscience paper; Figure 5A of 

the Journal of Neuroscience paper 

also was included as Figure 4A in 

grant application DK080427–06A1, 

and Figure 6F of the Journal of 

Neuroscience paper also was included 

as Figure 7A in grant application 

DK080427–06A1 

• Figure 3B in grant application 

AA022665–06A1 

Dr. Warne has entered into a Voluntary 

Settlement Agreement (Agreement) and 

has voluntarily agreed: 

(1) to have his research supervised for 

a period of three (3) years, beginning on 

November 18, 2014; Respondent agrees 

that prior to the submission of an 

application for U.S. Public Health 

Service (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 his 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 he 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) that for a period of three (3) years, 

beginning on November 18, 2014, any 

institution employing him shall submit, 

in conjunction with each application for 

PHS funds, or report, manuscript, or 

abstract involving PHS-supported 

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; 

(3) to exclude himself 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 November 18, 2014; 

and 

(4) that as a condition of the 

Agreement, the senior authors will 

request retraction or correction of the 

following papers: 

• Cell Metabolism 14:791–803, 2011 

• Journal of Neuroscience 

33(29):11972–85, 2013 

FOR FURTHER INFORMATION CONTACT: 

Acting Director, Office of Research 

Integrity, 1101 Wootton Parkway, Suite 

750, Rockville, MD 20852, (240) 453– 

8200. 

Donald Wright, 

Acting Director, Office of Research Integrity. 

[FR Doc. 2014–29337 Filed 12–12–14; 8:45 am] 

BILLING CODE 4150–31–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Toxic Substances and 

Disease Registry 

[Docket No. ATSDR–2014–0001] 

Availability of Draft Toxicological 

Profiles 

AGENCY: Agency for Toxic Substances 

and Disease Registry (ATSDR), 

Department of Health and Human 

Services (DHHS). 

ACTION: Notice of availability, and 

request for comments. 

SUMMARY: This notice announces the 

availability of Set 26 Toxicological 

Profiles for review and comment. 

Comments can include additional 

information or reports on studies about 

the health effects of Set 26 substances. 

Although ATSDR considered key 

studies for each of these substances 

during the profile development process, 

this Federal Register notice solicits any 

relevant, additional studies, particularly 

unpublished data. ATSDR will evaluate 

the quality and relevance of such data 

or studies for possible inclusion into the 

profile. ATSDR remains committed to 

providing a public comment period for 

this document as a means to best serve 

public health and our clients. The Set 

26 Toxicological Profiles are available 

online at http://www.atsdr.cdc.gov/

toxprofiles/index.asp and http://

www.regulations.gov/#!home, docket 

ATSDR–2014–0001. 

The Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (CERCLA), as amended by 

the Superfund Amendments and 

Reauthorization Act of 1986 (SARA), 

§ 104(i)(3),[42 U.S.C. 9604(i)(3)], directs 

the ATSDR administrator to prepare 

Toxicological Profiles of priority 

hazardous substances and, as necessary, 

to revise and publish each updated 

toxicological profile. 

DATES: To be considered, comments on 

the draft Toxicological Profiles must be 

received not later than March 16, 2015. 

Comments received after close of the 

public comment period will be 

considered solely at the discretion of 

ATSDR, based upon what is deemed to 

be in the best interest of the general 

public. 

ADDRESSES: You may submit comments, 

identified by docket number ATSDR– 

2014–0001, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/#!home. Follow 

the instructions for submitting 

comments. 

• Mail: Division of Toxicology and 

Human Health Sciences, 1600 Clifton 

Rd., NE., MS F57, Atlanta, Ga., 30333. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

relevant comments will be posted 

without change. Because all public 

comments regarding ATSDR 

Toxicological Profiles are available for 

public inspection, no confidential 

business information or other 

confidential information should be 

submitted in response to this notice. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Delores Grant, Division of Toxicology 

and Human Health Sciences, 1600 

Clifton Rd., NE., MS F–57, Atlanta, Ga., 

30333. Phone: 770–488–3351. 

SUPPLEMENTARY INFORMATION: The 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, as amended (CERCLA or 

Superfund) (42 U.S.C. 9601 et seq.) 

establishes certain responsibilities for 

ATSDR and the U.S. Environmental 

Protection Agency (U.S. EPA) with 

regard to hazardous substances most 

commonly found at facilities on the 

CERCLA National Priorities List (NPL). 

As part of these responsibilities, the 


emcdonald on DSK67QTVN1PROD with NOTICES