[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Notices]
[Pages 77223-77228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28239]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket No.: 041213350-4350-01]


Summer Undergraduate Research Fellowships (SURF) Gaithersburg and 
Boulder Programs; Availability of Funds

AGENCY: National Institute of Standards and Technology, Commerce.

ACTION: Notice.

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SUMMARY: The National Institute of Standards and Technology (NIST) 
announces that the 2005 Summer Undergraduate Research Fellowships 
(SURF) Gaithersburg and Boulder programs are soliciting applications 
for financial assistance for FY 2005.

SUPPLEMENTARY INFORMATION: CFDA Name and Number: Measurement and 
Engineering Research and Standards--11.609.
    Program Description: The SURF Gaithersburg program is soliciting 
applications in the areas of Electronics and Electrical Engineering, 
Manufacturing Engineering, Chemical Science and Technology, Physics, 
Materials Science and Engineering, Building and Fire Research, and 
Information Technology.
    The SURF Boulder program is soliciting applications in the areas of 
Electronics and Electrical Engineering, Chemical Science and 
Technology, Physics, Materials Science and Engineering, and Information 
Technology.
    Applications for the Gaithersburg and Boulder programs are 
separate. Application to one program does not constitute application to 
the other, and applications will not be exchanged between the 
Gaithersburg and Boulder programs. If applicants wish to be considered 
at both sites, two separate applications must be submitted.
    Both SURF programs will provide an opportunity for the NIST 
laboratories and the National Science Foundation (NSF) to join in a 
partnership to encourage outstanding undergraduate students to pursue 
careers in science and engineering. The programs will provide research 
opportunities for students to work with internationally known NIST 
scientists, to expose them to cutting-edge research and promote the 
pursuit of graduate degrees in science and engineering.
    The NIST SURF Gaithersburg and Boulder Program Directors will work 
with appropriate department chairs, outreach coordinators, and 
directors of multi-disciplinary academic organizations to identify 
outstanding undergraduates (including graduating seniors) who would 
benefit from off-campus summer research in a world-class scientific 
environment.

EEEL, MEL, CSTL, PL, MSEL, BFRL, and ITL SURF Gaithersburg Programs

DATES: All SURF Gaithersburg Program applications, paper and 
electronic, must be received no later than 5 p.m. Eastern Standard Time 
on February 15, 2005.

ADDRESSES: For all SURF Gaithersburg Programs, paper applications must 
be submitted to: Ms. Anita Sweigert, Administrative Coordinator, 
National Institute of Standards and Technology, 100 Bureau Drive, Stop 
8400, Gaithersburg, MD 20899-8400. Tel: (301) 975-4200, E-mail: 
<a href="/cdn-cgi/l/email-protection#b9d8d7d0cdd897cacedcd0dedccbcdf9d7d0cacd97ded6cf"><span class="__cf_email__" data-cfemail="a4c5cacdd0c58ad7d3c1cdc3c1d6d0e4cacdd7d08ac3cbd2">[email protected]</span></a>. Web site: http://www.surf.nist.gov/surf2.htm.

FOR FURTHER INFORMATION CONTACT: For complete information about this 
program and instructions for applying by paper or electronically, read 
the Federal Funding Opportunity Notice (FFO) at http://www.grants.gov. 
A paper copy of the FFO may be obtained by

[[Page 77224]]

calling (301) 975-6328. The Gaithersburg and Boulder SURF programs will 
publish separate FFOs on http://www.grants.gov. Program questions 
should be addressed to Ms. Anita Sweigert, Administrative Coordinator, 
National Institute of Standards and Technology, 100 Bureau Drive, Stop 
8400, Gaithersburg, MD 20899-8400, Tel: (301) 975-4200, E-mail: 
<a href="/cdn-cgi/l/email-protection#e786898e9386c99490828e80829593a7898e9493c9808891"><span class="__cf_email__" data-cfemail="ff9e91968b9ed18c889a96989a8d8bbf91968c8bd1989089">[email protected]</span></a>. The SURF Gaithersburg program Web site is:
http://www.surf.nist.gov/surf2.htm. All grants related administration 
questions concerning this program should be directed to Joyce Brigham, 
NIST Grants and Agreements Management Division at (301) 975-6328 or 
<a href="/cdn-cgi/l/email-protection#315b5e4852541f5343585659505c715f5842451f565e47"><span class="__cf_email__" data-cfemail="c0aaafb9a3a5eea2b2a9a7a8a1ad80aea9b3b4eea7afb6">[email protected]</span></a>, or for assistance with using Grants.gov contact 
<a href="/cdn-cgi/l/email-protection#1b686e6b6b74696f5b7c697a756f68357c746d"><span class="__cf_email__" data-cfemail="91e2e4e1e1fee3e5d1f6e3f0ffe5e2bff6fee7">[email protected]</span></a>.

Funding Availability

    Funds budgeted for payment to students under these programs are 
stipends, not salary. The SURF Gaithersburg Programs will not authorize 
funds for indirect costs or fringe benefits. The table below summarizes 
the anticipated annual funding levels from the NSF to operate our REU 
(Research Experience for Undergraduates) programs, subject to program 
renewals and availability of funds. In some programs, anticipated NIST 
co-funding will supplement the number of awards supported. Program 
funding will be available to provide for the costs of stipends ($333.33 
per week per student), travel, and lodging (up to $2800 per student).

----------------------------------------------------------------------------------------------------------------
                                                    Anticipated     Anticipated    Total program    Anticipated
                     Program                        NSF funding    NIST funding       funding      No. of awards
----------------------------------------------------------------------------------------------------------------
EEEL............................................         $73,000         $30,000        $103,000              16
MEL.............................................          82,000          24,000         106,000              14
CSTL............................................          41,000          57,000          98,000              15
PL..............................................          95,000          50,000         145,000              23
MSEL............................................          80,000               0          80,000              12
BFRL............................................          65,000          30,000          95,000              14
ITL.............................................          60,000          40,000         100,000              17
----------------------------------------------------------------------------------------------------------------

    The actual number of awards made under this announcement will 
depend on the proposed budgets and the availability of funding. For all 
SURF Gaithersburg Programs described in this notice, it is expected 
that individual awards to institutions will range from approximately 
$3,000 to $70,000. Funding for student housing will be included in 
cooperative agreements awarded as a result of this notice.
    The SURF Gaithersburg Programs are anticipated to run from May 23, 
2005 through August 12, 2005; adjustments may be made to accommodate 
specific academic schedules (e.g., a limited number of 9-week 
cooperative agreements).
    Statutory Authority: 15 U.S.C. 278g-l authorizes NIST to fund 
financial assistance awards to students at institutions of higher 
learning within the United States. These students must show promise as 
present or future contributors to the missions of NIST.
    Eligibility: NIST's SURF Gaithersburg Programs are open to colleges 
and universities in the United States and its territories with degree 
granting programs in materials science, chemistry, engineering, 
computer science, mathematics, or physics. Participating students must 
be U.S. citizens or permanent U.S. residents. The SURF Gaithersburg 
Programs do not require any matching funds.
    Review and Selection Process: All SURF Gaithersburg Program 
proposals are submitted to the Administrative Coordinator. Each 
proposal is examined for completeness and responsiveness. Incomplete or 
non-responsive proposals will not be considered for funding, and the 
applicant will be notified in writing. The Program will retain one copy 
of each non-responsive application for three years for record keeping 
purposes. The remaining copies will be destroyed. Proposals should 
include the following:
    (A) Student Information:
    (1) Student application information cover sheet;
    (2) Academic transcript for each student nominated for 
participation (it is recommended that students have a G.P.A. of 3.0 or 
better, out of a possible 4.0);
    (3) A statement of motivation and commitment from each student to 
participate in the 2005 SURF program, including a description of the 
student's prioritized research interests;
    (4) A resume for each student;
    (5) Two letters of recommendation for each student;
    (6) Verification of U.S. citizenship or permanent legal resident 
status for each student; and
    (7) Verification of health coverage for each student.
    (B) Information About the Applicant Institution:
    (1) Description of the institution's education and research 
programs; and
    (2) A summary list of the student(s) being nominated.
    Institution proposals will be separated into student/institution 
packets. Each student/institution packet will be comprised of the 
required application forms, including a complete copy of the student 
information and a complete copy of the institution information. The 
student/institution packets will be directed to the SURF Gaithersburg 
Program designated by the student as his/her first choice. Each SURF 
Gaithersburg Program will have three independent, objective NIST 
employees, who are knowledgeable in the scientific areas of the 
program, conduct a technical review of each student/institution packet 
based on the Evaluation Criteria for the SURF Gaithersburg Programs 
described in this notice. Each technical reviewer will recommend that 
each student/institution packet be placed into one of three categories: 
Priority Funding; Fund if Possible; and Do Not Fund. Each student/
institution packet will then be placed into one of the three categories 
by the Program's Director, who will take into consideration the 
reviewers' recommendations, the relevance of the student's course of 
study to the program objectives of the NIST laboratory in which that 
SURF Gaithersburg Program resides as described in the Program 
Description section of this notice, the relevance of the student's 
statement of commitment to the goals of the SURF Gaithersburg Program, 
and the availability of funding.
    Student/institution packets placed in the Priority Funding category 
will be selected for funding in that SURF Gaithersburg Program. 
Student/institution packets placed in the Do Not Fund category will not 
be considered for funding.
    Student/institution packets placed in the Fund if Possible Category 
will be considered for funding by the SURF Gaithersburg Program 
designated by the student as his/her second choice. In making 
selections for funding, the

[[Page 77225]]

Director of the student's second choice SURF Gaithersburg Program will 
take into consideration the recommendations of the reviewers who 
conducted the technical reviews for the student's first choice SURF 
Gaithersburg Program, the program objectives of the NIST laboratory in 
which the student's second choice SURF Gaithersburg Program resides as 
described in the Program Description and Objectives section of this 
notice, the relevance of the student's statement of commitment to the 
goals of the SURF Gaithersburg Program, and the availability of 
funding.
    Students not selected for funding by their first or second choice 
SURF Gaithersburg Program, and students who did not designate a second 
choice, will then be considered for funding from all SURF Gaithersburg 
Programs that still have slots available. In making selections for 
funding, the SURF Gaithersburg Program Directors will take into 
consideration the recommendations of the reviewers who conducted the 
technical reviews for the student's first choice SURF Gaithersburg 
Program, the program objectives of the NIST laboratory in which their 
SURF Gaithersburg Program resides as described in the Program 
Description and Objectives section of this notice, the relevance to the 
goals of the SURF Gaithersburg Program, and the availability of 
funding.
    Student/institution packets placed in the Fund if Possible 
category, but not selected through the process described above, will 
not be funded.
    The final approval of selected applications and award of 
cooperative agreements will be made by the NIST Grants Officer based on 
compliance with application requirements as published in this notice, 
compliance with applicable legal and regulatory requirements, 
compliance with Federal policies that best further the objectives of 
the Department of Commerce, and whether the recommended applicants 
appear to be responsible. Applicants may be asked to modify objectives, 
work plans, or budgets and provide supplemental information required by 
the agency prior to award. The decision of the Grants Officer is final.
    The SURF Gaithersburg Program will retain one copy of each 
unsuccessful application for three years for record keeping purposes, 
and unsuccessful applicants will be notified in writing. The remaining 
copies will be destroyed.
    Evaluation Criteria: For the SURF Gaithersburg Programs, the 
evaluation criteria are:
    (A) Evaluation of Student's Academic Ability and Commitment to 
Program Goals: Includes evaluation of completed course work; expressed 
research interest; compatibility of the expressed research interest 
with SURF Gaithersburg Program research areas; research skills; grade 
point average in courses relevant to the SURF Gaithersburg Program; 
career goals; honors and activities.
    (B) Evaluation of Applicant Institution's Commitment to Program 
Goals: Includes evaluation of the institution's academic department(s) 
relevant to the discipline(s) of the student(s). Each of these factors 
is given equal weight in the evaluation process.

SURF NIST Boulder Program

DATES: All SURF NIST Boulder Program applications, paper and 
electronic, must be received no later than 5 p.m. Mountain Standard 
Time on February 15, 2005.

ADDRESSES: Paper applications for the SURF NIST Boulder Program must be 
submitted to: Ms. Phyllis Wright, Administrative Coordinator, National 
Institute of Standards and Technology, 325 Broadway, Mail Stop 104, 
Boulder, CO 80305-3328.

FOR FURTHER INFORMATION CONTACT: For complete information about this 
program and instructions for applying by paper or electronically, read 
the Federal Funding Opportunity Notice (FFO) at http://www.grants.gov. 
A paper copy of the FFO may be obtained by calling (301) 975-6328. The 
Gaithersburg and Boulder SURF programs will publish separate FFOs on 
www.grants.gov. Program questions should be addressed to Ms. Phyllis 
Wright, Administrative Coordinator, National Institute of Standards and 
Technology, 325 Broadway, Mail Stop 104, Boulder, CO 80305-3328, Tel: 
(303) 497-3244, E-mail: <a href="/cdn-cgi/l/email-protection#5f2f34282d3638372b1f3d302a333b3a2d7131362c2b71383029"><span class="__cf_email__" data-cfemail="c3b3a8b4b1aaa4abb783a1acb6afa7a6b1edadaab0b7eda4acb5">[email protected]</span></a>, Web site: http://surf.boulder.nist.gov/. All grants related administration questions 
concerning this program should be directed to Joyce Brigham, NIST 
Grants and Agreements Management Division at (301) 975-6328 or 
<a href="/cdn-cgi/l/email-protection#a7cdc8dec4c289c5d5cec0cfc6cae7c9ced4d389c0c8d1"><span class="__cf_email__" data-cfemail="dab0b5a3b9bff4b8a8b3bdb2bbb79ab4b3a9aef4bdb5ac">[email protected]</span></a>, or for assistance with using Grants.gov contact 
<a href="/cdn-cgi/l/email-protection#23505653534c5157634451424d57500d444c55"><span class="__cf_email__" data-cfemail="d0a3a5a0a0bfa2a490b7a2b1bea4a3feb7bfa6">[email protected]</span></a>.

Additional Information

Funding Availability

    Funds budgeted for payment to students under these programs are 
stipends, not salary. The SURF NIST Boulder Program will not authorize 
funds for indirect costs or fringe benefits. The table below summarizes 
the anticipated annual funding levels from the NSF to operate the SURF 
NIST Boulder program, broken out by Laboratory, subject to program 
approval and availability of funds. In some Laboratories, anticipated 
NIST co-funding will supplement the number of awards supported. Program 
funding will be available to provide for the costs of stipends ($4000 
per student for 12 weeks), travel, and lodging (approximately $1800 per 
student for 12 weeks).

----------------------------------------------------------------------------------------------------------------
                                                                                                    Anticipated
                   Laboratory                       Anticipated     Anticipated    Total program     number of
                                                    NSF funding    NIST funding       funding         awards
----------------------------------------------------------------------------------------------------------------
EEEL............................................         $58,400           $5600         $64,000               8
PL..............................................          36,500            3500          40,000               5
CSTL............................................          21,900            2100          24,000               3
MSEL............................................          14,600            1400          16,000               2
ITL.............................................          14,600            1400          16,000               2
----------------------------------------------------------------------------------------------------------------

    The actual number of awards made under this announcement will 
depend on the proposed budgets and the availability of funding. For the 
SURF NIST Boulder Program described in this notice, it is expected that 
individual awards to institutions will range from approximately $4,000 
to $70,000. Funding for student housing will be included in cooperative 
agreements awarded as a result of this notice.
    The SURF NIST Boulder Program is anticipated to run from May 23, 
2005 through August 12, 2005; adjustments may be made to accommodate 
specific academic schedules (e.g., a limited number of 12 week 
cooperative agreements shifted to begin 3 weeks after the regular start 
in order to accommodate institutions operating on quarter systems).

[[Page 77226]]

    Statutory Authority: 15 U.S.C. 278g-1.
    Eligibility: The SURF NIST Boulder Program is open to colleges and 
universities in the United States and its territories with degree 
granting programs in materials science, chemistry, engineering, 
computer science, mathematics, or physics. Participating students must 
be U.S. citizens or permanent U.S. residents. The SURF NIST Boulder 
Programs do not require any matching funds.
    Review and Selection Process: All SURF NIST Boulder Program 
proposals are submitted to the Administrative Coordinator. Each 
proposal is examined for completeness and responsiveness. Incomplete or 
non-responsive proposals will not be considered for funding, and the 
applicant will be so notified. The Program will retain one copy of each 
non-responsive application for three years for record keeping purposes. 
The remaining copies will be destroyed. Proposals should include the 
following:
    (A) Student Information:
    (1) Student application information cover sheet;
    (2) Academic transcript for each student nominated for 
participation (it is recommended that students have a G.P.A. of 3.0 or 
better, out of a possible 4.0);
    (3) A statement of motivation and commitment from each student to 
participate in the SURF NIST Boulder program, including a description 
of the student's prioritized research interests;
    (4) A resume for each student;
    (5) Two letters of recommendation for each student;
    (6) Verification of U.S. citizenship or permanent legal resident 
status for each student; and
    (7) Verification of health insurance coverage for each student.
    (B) Information About the Applicant Institution:
    (1) Description of the institution's education and research 
programs; and
    (2) A summary list of the student(s) being nominated.
    Institution proposals will be separated into student/institution 
packets. Each student/institution packet will be comprised of the 
required application forms, including a complete copy of the student 
information and a complete copy of the institution information. The 
student/institution packets will be directed to a review committee of 
NIST staff appointed by the SURF NIST Boulder Program Directors. Each 
SURF Program packet will be reviewed by three independent, objective 
NIST employees, who are knowledgeable in the scientific areas of the 
program and are able to conduct a technical review of each student/
institution packet based on the Evaluation Criteria for the SURF NIST 
Boulder Program described in this notice. Each technical reviewer will 
recommend that each student/institution packet be placed into one of 
three categories: Priority Funding; Fund if Possible; and Do Not Fund. 
Each student/institution packet will then be placed into one of the 
three categories by the SURF NIST Boulder Program Directors, who will 
take into consideration the reviewers' recommendations, the relevance 
of the student's course of study to the program objectives of the NIST 
Boulder Laboratories as described in the Program Description section of 
this notice, the relevance of the student's statement of commitment to 
the goals of the SURF NIST Boulder Program, and the availability of 
funding.
    Student/institution packets placed in the Priority Funding category 
will be selected for funding in the SURF NIST Boulder Program. Student/
institution packets placed in the Do Not Fund category will not be 
considered for funding.
    Student/institution packets placed in the Fund if Possible Category 
will be considered for funding by the SURF NIST Boulder Program when 
possible. For example, when an award has been declined by another 
applicant, a back-up will be selected from student/institution packets 
in this category. In this case, it is likely that either the student's 
second or third choice of research opportunity would be assigned. In 
making selections for funding, the SURF NIST Boulder Program Directors 
will take into consideration the recommendations of the reviewers who 
conducted the technical reviews, the program objectives of the NIST 
Boulder laboratory in which the student's requested research 
opportunity resides as described in the Program Description and 
Objectives section of this notice, the relevance of the student's 
statement of commitment to the goals of the SURF NIST Boulder Program, 
and the availability of funding.
    Students not selected for funding for either their first, second or 
third choice of research opportunities, and students who did not 
designate a second or third choice, will then be considered for funding 
from all Boulder Laboratories that still have slots available. In 
making selections for funding, the SURF NIST Boulder Program Directors 
will take into consideration the recommendations of the reviewers who 
conducted the technical reviews, the program objectives of the NIST 
Laboratory in which their SURF NIST Boulder SURF Program research 
opportunity resides as described in the Program Description and 
Objectives section of this notice, the relevance to the goals of the 
SURF NIST Boulder Program, and the availability of funding.
    Student/institution packets placed in the Fund if Possible 
category, but not selected through the process described above, will 
not be funded.
    The final approval of selected applications and award of 
cooperative agreements will be made by the NIST Grants Officer based on 
compliance with application requirements as published in this notice, 
compliance with applicable legal and regulatory requirements, and 
compliance with Federal policies that best further the objectives of 
the Department of Commerce. Applicants may be asked to modify 
objectives, work plans, or budgets and provide supplemental information 
required by the agency prior to award. The decision of the Grants 
Officer is final.
    The SURF NIST Boulder Program will retain one copy of each 
unsuccessful application for three years for record keeping purposes, 
and unsuccessful applicants will be notified in writing. The remaining 
copies will be destroyed.
    Evaluation Criteria: For the SURF NIST Boulder Program, the 
evaluation criteria are: (A) Evaluation of Student's Academic Ability 
and Commitment to Program Goals: Includes evaluation of completed 
course work; expressed research interest; compatibility of the 
expressed research interest with SURF NIST Boulder Program research 
areas; research skills; grade point average in courses relevant to the 
SURF NIST Boulder Program; career goals; honors and activities;
    (B) Evaluation of Applicant Institution's Commitment to Program 
Goals: Includes evaluation of the institution's academic department(s) 
relevant to the discipline(s) of the student(s). Each of these factors 
is given equal weight in the evaluation process.
    The following information applies to both the SURF Gaithersburg 
Programs and the SURF NIST Boulder Program:

The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements

    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements contained in the Federal Register 
notice of October 1, 2001 (66 FR 49917), as amended by the Federal 
Register notice published on October 30, 2002 (67 FR 66109), are 
applicable to this announcement. On the form SF-424, the applicant's 9-
digit Dun and Bradstreet Data Universal Numbering System (DUNS) number 
must be entered in the

[[Page 77227]]

Applicant Identifier block (68 FR 38402).

Collaborations With NIST Employees

    All applications should include a description of any work proposed 
to be performed by an entity other than the applicant, and the cost of 
such work should ordinarily be included in the budget.
    If an applicant proposes collaboration with NIST, the statement of 
work should include a statement of this intention, a description of the 
collaboration, and prominently identify the NIST employee(s) involved, 
if known. Any collaboration by a NIST employee must be approved by 
appropriate NIST management and is at the sole discretion of NIST. 
Prior to beginning the merit review process, NIST will verify the 
approval of the proposed collaboration. Any unapproved collaboration 
will be stricken from the proposal prior to the merit review.

Use of NIST Intellectual Property

    If the applicant anticipates using any NIST-owned intellectual 
property to carry out the work proposed, the applicant should identify 
such intellectual property. This information will be used to ensure 
that no NIST employee involved in the development of the intellectual 
property will participate in the review process for that competition. 
In addition, if the applicant intends to use NIST-owned intellectual 
property, the applicant must comply with all statutes and regulations 
governing the licensing of Federal government patents and inventions, 
described at 35 U.S.C. sec. 200-212, 37 CFR part 401, 15 CFR 14.36, and 
in section 20 of the Department of Commerce Pre-Award Notification 
Requirements, 66 FR 49917 (2001), as amended by the Federal Register 
notice published on October 30, 2002 (67 FR 66109). Questions about 
these requirements may be directed to the Counsel for NIST, 301-975-
2803.
    Any use of NIST-owned intellectual property by a proposer is at the 
sole discretion of NIST and will be negotiated on a case-by-case basis 
if a project is deemed meritorious. The applicant should indicate 
within the statement of work whether it already has a license to use 
such intellectual property or whether it intends to seek one.
    If any inventions made in whole or in part by a NIST employee arise 
in the course of an award made pursuant to this notice, the United 
States government may retain its ownership rights in any such 
invention. Licensing or other disposition of NIST's rights in such 
inventions will be determined solely by NIST, and include the 
possibility of NIST putting the intellectual property into the public 
domain.

Initial Screening of All Applications

    All applications received in response to this announcement will be 
reviewed to determine whether or not they are complete and responsive 
to the scope of the stated objectives for each program. Incomplete or 
non-responsive applications will not be reviewed for technical merit. 
The Program will retain one copy of each non-responsive application for 
three years for record keeping purposes. The remaining copies will be 
destroyed.

Paperwork Reduction Act

    The standard forms in the application kit involve a collection of 
information subject to the Paperwork Reduction Act. The use of Standard 
Forms 424, 424A, 424B, SF-LLL, and CD-346 have been approved by OMB 
under the respective Control Numbers 0348-0043, 0348-0044, 0348-0040, 
0348-0046, and 0605-0001. The use of the Student Application 
Information sheet has been approved by OMB under Control Number 0693-
0042. Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection subject to the requirements of 
the Paperwork Reduction Act, unless that collection of information 
displays a currently valid OMB Control Number.

Research Projects Involving Human Subjects, Human Tissue, Data or 
Recordings Involving Human Subjects

    Any proposal that includes research involving human subjects, human 
tissue, data or recordings involving human subjects must meet the 
requirements of the Common Rule for the Protection of Human Subjects, 
codified for the Department of Commerce at 15 CFR part 27. In addition, 
any proposal that includes research on these topics must be in 
compliance with any statutory requirements imposed upon the Department 
of Health and Human Services (DHHS) and other federal agencies 
regarding these topics, all regulatory policies and guidance adopted by 
DHHS, FDA, and other Federal agencies on these topics, and all 
Presidential statements of policy on these topics.
    On December 3, 2000, the U.S. Department of Health and Human 
Services (DHHS) introduced a new Federal-wide Assurance of Protection 
of Human Subjects (FWA). The FWA covers all of an institution's 
Federally supported human subjects research, and eliminates the need 
for other types of Assurance documents. The Office for Human Research 
Protections (OHRP) has suspended processing of multiple project 
assurance (MPA) renewals. All existing MPAs will remain in force until 
further notice. For information about FWAs, please see the OHRP Web 
site at http://ohrp.osophs.dhhs.gov/humansubjects/assurance/fwas.htm.
    In accordance with the DHHS change, NIST will continue to accept 
the submission of human subjects protocols that have been approved by 
Institutional Review Boards (IRBs) possessing a current, valid MPA from 
DHHS. NIST also will accept the submission of human subjects protocols 
that have been approved by IRBs possessing a current, valid FWA from 
DHHS. NIST will not issue a single project assurance (SPA) for any IRB 
reviewing any human subjects protocol proposed to NIST.
    On August 9, 2001, the President announced his decision to allow 
Federal funds to be used for research on existing human embryonic stem 
cell lines as long as prior to his announcement (1) the derivation 
process (which commences with the removal of the inner cell mass from 
the blastocyst) had already been initiated and (2) the embryo from 
which the stem cell line was derived no longer had the possibility of 
development as a human being. NIST will follow guidance issued by the 
National Institutes of Health at http://ohrp.osophs.dhhs.gov/humansubjects/guidance/stemcell.pdf for funding such research.

Research Projects Involving Vertebrate Animals

    Any proposal that includes research involving vertebrate animals 
must be in compliance with the National Research Council's ``Guide for 
the Care and Use of Laboratory Animals'' which can be obtained from 
National Academy Press, 2101 Constitution Avenue, NW., Washington, DC 
20055. In addition, such proposals must meet the requirements of the 
Animal Welfare Act (7 U.S.C. 2131 et seq.), 9 CFR parts 1, 2, and 3, 
and if appropriate, 21 CFR part 58. These regulations do not apply to 
proposed research using pre-existing images of animals or to research 
plans that do not include live animals that are being cared for, 
euthanized, or used by the project participants to accomplish research 
goals, teaching, or testing. These regulations also do not apply to 
obtaining animal materials from commercial processors of animal

[[Page 77228]]

products or to animal cell lines or tissues from tissue banks.

Executive Order 12866

    This funding notice was determined to be not significant for 
purposes of Executive Order 12866.

Executive Order 13132 (Federalism)

    It has been determined that this notice does not contain policies 
with federalism implications as that term is defined in Executive Order 
13132.

Executive Order 12372

    Applications under this program are not subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs.''

Administrative Procedure Act/Regulatory Flexibility Act

    Notice and comment are not required under the Administrative 
Procedure Act (5 U.S.C. 553) or any other law, for rules relating to 
public property, loans, grants, benefits or contracts (5 U.S.C. 553 
(a)). Because notice and comment are not required under 5 U.S.C. 553, 
or any other law, for rules relating to public property, loans, grants, 
benefits or contracts (5 U.S.C. 553(a)), a Regulatory Flexibility 
Analysis is not required and has not been prepared for this notice, 5 
U.S.C. 601 et seq.

    Dated: December 15, 2004.
Hratch G. Semerjian,
Acting Director, NIST.
[FR Doc. 04-28239 Filed 12-23-04; 8:45 am]
BILLING CODE 3510-13-P


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