[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Notices]
[Pages 93-98]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33075]



[[Page 93]]

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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket No: 101227631-0630-01]


Summer Undergraduate Research Fellowships (SURF) NIST 
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 following programs are soliciting applications for 
financial assistance for FY 2011: (1) The NIST Gaithersburg Summer 
Undergraduate Research Fellowship Programs, and (2) the NIST Boulder 
Summer Undergraduate Research Fellowship Programs. Each program will 
only consider applications that are within the scientific scope of the 
program as described in this notice and in the detailed program 
descriptions found in the Federal Funding Opportunity (FFO) 
announcement for these programs. Please note that due to a change in 
Department of Commerce policy, in future years these programs will be 
announced only on http://www.grants.gov; they will not be announced in 
the Federal Register.

DATES: See below.

ADDRESSES: See below.

SUPPLEMENTARY INFORMATION:
    Catalog of Federal Domestic Assistance Name and Number: Measurement 
and Engineering Research and Standards-11.609.

Summer Undergraduate Research Fellowships (SURF) NIST Gaithersburg and 
Boulder Programs

    Program Description: NIST is one of the nation's premiere research 
institutions for the physical and engineering sciences and, as the lead 
Federal agency for technology transfer, it provides a strong interface 
between government, industry and academia. NIST embodies a science 
culture, developed from a large and well-equipped research staff that 
enthusiastically blends programs that address the immediate needs of 
industry with longer-term research that anticipates future needs. This 
occurs in few other places and enables the Center for Nanoscale Science 
and Technology (CNST), Engineering Laboratory (EL), Information 
Technology Laboratory (ITL), Material Measurement Laboratory (MML), 
NIST Center for Neutron Research (NCNR), and Physical Measurement 
Laboratory (PML), to offer unique research and training opportunities 
for undergraduates, providing them a research-rich environment and 
exposure to state of the art equipment.
    The SURF NIST Gaithersburg Programs are soliciting applications in 
the areas of physics, chemistry, biology, materials science, 
nanotechnology, neutron research, engineering, mathematics, and 
computer science as described in the Federal Funding Opportunity. The 
SURF NIST Boulder Programs are soliciting applications in the areas of 
physics, chemistry, biology, engineering, materials science, 
mathematics, and computer science as described in the Federal Funding 
Opportunity.
    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 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 objective of the SURF programs is to build 
a mutually beneficial relationship among the student, the institution, 
and NIST. The programs are conducted in English and 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. It is expected 
that the students in the program will have a proficiency in writing and 
speaking English, the ability to live and work with others, a 
commitment to honesty, and an interest in learning new things and using 
their own innovativeness to develop new science. Safety is a top 
priority at NIST. Students participating in the SURF program will be 
expected to be safety-conscious, to attend NIST safety training, and to 
comply with all NIST safety policies and procedures.
    The SURF NIST 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.

CNST, EL, ITL, MML/NCNR and PML SURF NIST Gaithersburg Programs

Dates: All SURF NIST Gaithersburg Program applications, paper and 
electronic, must be received no later than 5 p.m. Eastern Standard Time 
on February 15, 2011.

Addresses: For all SURF NIST Gaithersburg Programs, paper applications 
must be submitted to: Ms. Anita Sweigert, Administrative Coordinator, 
SURF NIST Gaithersburg Programs, National Institute of Standards and 
Technology, 100 Bureau Drive, Stop 8400, Gaithersburg, MD 20899-8400. 
Electronic applications must be submitted through grants.gov.

For Further Information Contact: Program questions should be addressed 
to Ms. Anita Sweigert, Administrative Coordinator, SURF NIST 
Gaithersburg Programs, 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#d0b1beb9a4b1fea3a7b5b9b7b5a2a490beb9a3a4feb7bfa6"><span class="__cf_email__" data-cfemail="11707f7865703f6266747876746365517f7862653f767e67">[email protected]</span></a>. The SURF NIST Gaithersburg 
Program Web site is: http://www.nist.gov/surfgaithersburg. All grants 
related administration questions concerning this program should be 
directed to Christopher Hunton, NIST Grants and Agreements Management 
Division at (301) 975-5718 or <a href="/cdn-cgi/l/email-protection#b1d2d9c3d8c2c5dec1d9d4c39fd9c4dfc5dedff1dfd8c2c59fd6dec7"><span class="__cf_email__" data-cfemail="65060d170c16110a150d00174b0d100b110a0b250b0c16114b020a13">[email protected]</span></a>. For 
assistance with using Grants.gov contact <a href="/cdn-cgi/l/email-protection#22515752524d5056621e43024a5047441f" http: grants.gov">grants.gov</a>">support@grants.gov</a> or the Help 
Desk at 800-518-4726.

SUPPLEMENTARY INFORMATION

    Electronic Access: NIST strongly encourages all applicants to read 
the Federal Funding Opportunity Notice (FFO) available at http://www.grants.gov for complete information about this program and its 
requirements, and instructions for applying by paper or electronically. 
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 
http://www.grants.gov.

Funding Availability

    Funds budgeted for payments to students under these programs are 
stipends, not salary. The stipend is an amount that is expected to be 
provided to the participating student to help defray the cost of 
living, for the duration of the program, in the Washington National 
Capital Region. The SURF NIST Gaithersburg Programs will not authorize 
funds for indirect costs or fringe benefits. The table below summarizes 
the anticipated funding levels from the National Science

[[Page 94]]

Foundation (NSF) to operate our Research Experience for Undergraduates 
(REU) 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 ($454.54 per week per student), plus 
travel and lodging (up to $3,500 per student).

----------------------------------------------------------------------------------------------------------------
                                       Anticipated NSF    Anticipated NIST    Total program       Anticipated
               Program                     funding            funding            funding        number of awards
----------------------------------------------------------------------------------------------------------------
CNST................................           $47,400            $18,000            $65,400                 ~7
EL..................................            92,500             47,500            140,000                ~16
ITL.................................                 0             40,000             40,000                 ~5
MML/NCNR............................           130,000             18,000             31,000                ~38
PML.................................           184,000             95,000            279,000                ~32
----------------------------------------------------------------------------------------------------------------

    The actual number of awards made under this announcement will 
depend on the proposed budgets and the availability of funding. The 
funding instrument will be a cooperative agreement as NIST will be 
substantially involved in the program due to collaboration with funding 
recipients in the scope of work. For all SURF NIST Gaithersburg 
Programs described in this notice, NIST expects 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 under this notice.
    The SURF NIST Gaithersburg Program is anticipated to run from May 
23, 2011 through August 5, 2011; adjustments may be made to accommodate 
specific academic schedules (e.g., a limited number of 9-week 
cooperative agreements).

    Statutory Authority:  The authority for the SURF NIST 
Gaithersburg Program is 15 U.S.C. 278g-l, which authorizes NIST to 
fund financial assistance awards to students at institutions of 
higher learning within the United States who show promise as present 
or future contributors to the mission of the Institute.

    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, nanoscale science, 
neutron research, engineering, computer science, mathematics, or 
physics. Participating students must be U.S. citizens or permanent U.S. 
residents.
    Cost Sharing or Matching: The SURF Gaithersburg Programs do not 
require any cost sharing or matching funds.
    Review and Selection Process: All SURF NIST Gaithersburg Program 
proposals must be submitted in accordance with the instructions given 
in the Federal Funding Opportunity. 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.
    Proposals must include the required forms listed in the FFO, and 
the following information:
    (A) Student Information (student's name and university should 
appear on all of these documents):
    (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 2011 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 that should 
address paragraph (A) of the evaluation criteria below; and
    (6) Copy of passport, green card, or birth certificate as 
confirmation of U.S. citizenship or permanent legal resident status 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 NIST 
Gaithersburg Program or MML/NCNR Sub-program designated by the student 
as his/her first choice.
    The selection process occurs in three rounds. Each SURF NIST 
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 NIST Gaithersburg 
Programs described in this notice. For the first round of evaluations 
and placement, each technical reviewer will evaluate according to the 
Evaluation Criteria listed below and provide a score for each student/
institution packet. Based on the average of the reviewers' scores, a 
rank order of the student/institution packets will be prepared within 
each laboratory.
    The SURF Program Director (Selecting Official) for each program, 
who is a NIST program official who did not participate in the technical 
evaluations, will then apply the following Selection Factors, which may 
result in revisions to the rank order: relevance of the student's 
course of study to the program objectives of the NIST laboratory in 
which that SURF NIST Gaithersburg Program resides as described in the 
Program Description section of this notice and the corresponding 
Federal Funding Opportunity, the relevance of the student's statement 
of commitment to the goals of the SURF NIST Gaithersburg Program, fit 
of the student's interests and abilities to the available projects in 
that laboratory program, assessment of whether the laboratory 
experience is a new opportunity for the student which may encourage 
future postgraduate training, and the availability of funding.
    Based on these results, the Program Director (Selecting Official) 
for each laboratory program will divide the rank ordered student/
institution packets into three categories: Priority Funding; Fund if 
Possible; and Do Not Fund. Student/institution packets placed in the 
Priority Funding category will be selected for funding in that SURF 
NIST Gaithersburg Program, contingent upon availability of

[[Page 95]]

funds. Student/institution packets placed in the Do Not Fund category 
will not be considered for funding by any other SURF NIST Gaithersburg 
Program.
    Student/institution packets placed in the Fund if Possible Category 
may be considered for funding at a later time by the category-
designating SURF NIST Gaithersburg Program. The ``category-
designating'' program is the SURF NIST Gaithersburg Program whose 
Program Director first categorized the applicant packet as ``Priority 
Funding'', ``Fund if Possible'', or ``Do Not Fund.'' This is the same 
SURF NIST Gaithersburg Program which was designated by the student in 
the application cover sheet as his/her first choice. In the interim, 
period these students will be released for consideration for funding by 
the SURF NIST Gaithersburg Program designated by the student as his/her 
second choice. The student's second choice laboratory's SURF Program 
Director will take into consideration the recommendations of the 
reviewers who conducted the technical reviews for the student's first 
choice SURF NIST Gaithersburg Program, apply the selection factors 
noted above as applied to that laboratory and arrive at a final rank 
order of the students available for the second round of selections and 
placements. Any SURF NIST Gaithersburg Program may choose not to 
participate in the second round, if the Program Director does not see 
suitable students in the second round appropriate for the available 
projects. Students not selected during the first or second round are 
available for the third round of selections.
    Students not selected for funding by their first or second choice 
SURF NIST Gaithersburg Program, and students who did not designate a 
second choice, will then be considered for funding from all SURF NIST 
Gaithersburg Programs that still have slots available in a third round, 
using the same process as the second round. In making selections for 
the third round of selections and placement, each SURF NIST 
Gaithersburg Program Director (Selecting Official) will take into 
consideration the recommendations of the reviewers who conducted the 
technical reviews for the student's first choice SURF NIST Gaithersburg 
Program, the selection factors noted above as applied to that 
laboratory, and the rank order of the students in this selection round. 
Any SURF NIST Gaithersburg Program may choose not to participate in the 
third round if there are no slots available. Substitutions for students 
who decline offers will be made from the remaining pool of ranked 
students consistent with the program review process.
    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 
and other applicable legal and regulatory requirements. NIST also 
reserves the right to reject an application where information is 
uncovered that reflects adversely on an applicant's business integrity, 
resulting in a determination by the Grants Officer that an applicant is 
not presently 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 NIST Gaithersburg Programs will retain one copy of each 
unsuccessful application for three years for recordkeeping purposes, 
and unsuccessful applicants will be notified in writing. The remaining 
copies will be destroyed.
    Evaluation Criteria: For the SURF NIST Gaithersburg Programs, the 
evaluation criteria are:
    (A) Evaluation of Student's Interest in Participating in the 
Program, Academic Ability, Laboratory Experience and Advanced Degree 
Interest: Evaluation of grade point average in courses relevant to the 
SURF NIST Gaithersburg Programs, career goals, honors and awards, 
commitment of the student to working in a laboratory environment, and 
interest in pursuing graduate school.
    (B) Institution's Commitment to Program Goals: 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 Programs

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, 2011.

Addresses: Paper applications for the SURF NIST Boulder Program must be 
submitted to: Ms. Cynthia Kotary, Administrative Coordinator, SURF NIST 
Boulder Programs, National Institute of Standards and Technology, 325 
Broadway, Mail Stop 104, Boulder, CO 80305-3337. Electronic 
applications must be submitted through http://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Program questions should be addressed 
to Ms. Cynthia Kotary, Administrative Coordinator, SURF NIST Boulder 
Programs, National Institute of Standards and Technology, 325 Broadway, 
Mail Stop 104, Boulder, CO 80305-3337, Tel: (303) 497-3319, E-mail: 
<a href="/cdn-cgi/l/email-protection#dbb0b4afbaa9a29bb9b4aeb7bfbea9f5b5b2a8aff5bcb4ad"><span class="__cf_email__" data-cfemail="3e55514a5f4c477e5c514b525a5b4c1050574d4a10595148">[email protected]</span></a>; Web site: http://www.nist.gov/surfboulder/. 
All grants related administration questions concerning this program 
should be directed to Mr. Christopher Hunton, NIST Grants and 
Agreements Management Division at (301) 975-5718, or 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="2a69425843595e455a424f5804425f445e45446a4443595e044d455c">[email protected]</a>. For assistance with using Grants.gov 
contact <a href="/cdn-cgi/l/email-protection#b5c6c0c5c5dac7c1f589d495ddc7d0d388" http: grants.gov">grants.gov</a>">support@grants.gov</a> or the Help Desk at 800-518-4726.
SUPPLEMENTARY INFORMATION:
    Electronic Access: NIST strongly encourages all applicants to read 
the Federal Funding Opportunity Notice (FFO) available at http://www.grants.gov for complete information about this program and its 
requirements, and instructions for applying by paper or electronically. 
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 
http://www.grants.gov.
    Funding Availability: Funds budgeted for payments to students under 
this program are stipends, not salaries. The stipend is an amount that 
is expected to be provided to the participating student to help defray 
the cost of living, for the duration of the program, in Boulder, 
Colorado. The SURF NIST Boulder Programs will not authorize funds for 
indirect costs or fringe benefits. The table below summarizes the 
anticipated annual funding levels from the National Science Foundation 
(NSF) to operate the Research Experience for Undergraduates (REU) 
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, plus travel and lodging.

----------------------------------------------------------------------------------------------------------------
                                           Anticipated NSF  Anticipated NIST    Total program      Anticipated
               Laboratory                      funding           funding           funding      number of awards
----------------------------------------------------------------------------------------------------------------
PML.....................................           $55,500           $75,000          $130,500               ~15

[[Page 96]]

 
MML.....................................            18,500            25,000            43,500                ~5
ITL.....................................             7,400            10,000            17,400                ~2
----------------------------------------------------------------------------------------------------------------

    The actual number of awards made under this announcement will 
depend on the proposed budgets and the availability of funding. The 
funding instrument will be a cooperative agreement as NIST will be 
substantially involved in the program due to collaboration with funding 
recipients in the scope of work. NIST expects that individual awards to 
institutions will range from approximately $3,000 to $70,000. Funding 
for student housing will be included in the cooperative agreements 
awarded under this notice.
    The SURF NIST Boulder Programs are anticipated to run from May 23, 
2011 through August 5, 2011; adjustments may be made to accommodate 
specific academic schedules (e.g., a limited number of 11-week 
cooperative agreements with the schedule shifted to begin after the 
regular start in order to accommodate institutions operating on quarter 
systems).

    Statutory Authority:  The authority for the SURF NIST Boulder 
Program is 15 U.S.C. 278g-l, which authorizes NIST to fund financial 
assistance awards to students at institutions of higher learning 
within the United States who show promise as present or future 
contributors to the mission of the Institute.

    Eligibility: The SURF NIST Boulder Programs are open to colleges 
and universities in the United States and its territories with degree-
granting programs in physics, chemistry, biology, engineering, 
materials science, mathematics, or computer science. Participating 
students must be U.S. citizens or permanent U.S. residents.
    Cost Sharing or Matching: The SURF NIST Boulder Program does not 
require any cost sharing or matching funds.
    Review and Selection Process: All SURF NIST Boulder Programs 
proposals must be submitted to the Administrative Coordinator listed in 
the Addresses section above. Proposals must include the required forms 
listed in the FFO, and the following information:
    (A) Student Information (student's name and university should 
appear on all of these documents):
    (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 2011 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; and
    (6) Copy of passport, green card, or birth certificate as 
confirmation of U.S. citizenship or permanent legal resident status 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, with one 
paragraph of commentary about each student from a dean or department 
chair that describes why the students would be successful in the SURF 
Boulder Program.
    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 Directors.
    First, 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 program objectives. Incomplete or 
non-responsive proposals will not be reviewed for technical merit, 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.
    Second, each SURF student/university packet will be reviewed by at 
least 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/university packet based on 
the Evaluation Criteria described in this notice. The normalized scores 
based on this merit review will be averaged for each student/
institution applicant packet, creating a rank order. The Selecting 
Official, the Special Assistant to the Director of NIST Physical 
Measurement Laboratory, shall award in the rank order unless a proposal 
is justified to be selected out of rank order based upon one or more of 
the following factors: Availability of funding, and balance or 
distribution of funds by research or technical disciplines.
    The final approval of selected applications and award of financial 
assistance 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 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 
decisions of the Grants Officer are final.
    Unsuccessful applicants will be notified in writing. The Program 
will retain one copy of each unsuccessful application for three years 
for record keeping purposes. The remaining copies will be destroyed.
    Evaluation Criteria: For the SURF NIST Boulder Programs the 
evaluation criteria are as follows:
    (A) Evaluation of Student's Academic Ability and Commitment to 
Program Goals (80%): Includes evaluation of completed course work; 
expressed research interest; compatibility of the expressed research 
interest with SURF NIST Boulder research areas; research skills; grade 
point average in courses relevant to the SURF NIST Boulder Programs; 
career goals; honors and activities;
    (B) Evaluation of Applicant Institution's Commitment to Program 
Goals (20%): Includes evaluation of the institution's academic 
department(s) relevant to the discipline(s) of the student(s).
    The following information applies to all programs announced in this 
notice:
    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, which 
are contained in the Federal Register Notice of February 11, 2008 (73 
FR 7696) are applicable to this notice.
    Dun and Bradstreet Data Universal Numbering System: On the form SF-
424 items 8.b. and 8.c., the applicant's 9-digit Employer/Taxpayer 
Identification

[[Page 97]]

Number (EIN/TIN) and 9-digit Dun and Bradstreet Data Universal 
Numbering System (DUNS) number must be consistent with the information 
on the Central Contractor Registration (CCR) (http://www.ccr.gov) and 
Automated Standard Application for Payment System (ASAP). For complex 
organizations with multiple EIN/TIN and DUNS numbers, the EIN/TIN and 
DUNS numbers MUST be the numbers for the applying organization. 
Organizations that provide incorrect/inconsistent EIN/TIN and DUNS 
numbers may experience significant delays in receiving funds if their 
proposal is selected for funding. Please confirm that the EIN/TIN and 
DUNS numbers are consistent with the information on the CCR and ASAP.
    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. 200-
212, 37 CFR part 401, 15 CFR 14.36, and in section B.21 of the 
Department of Commerce Pre-Award Notification Requirements, 73 FR 7696 
(February 11, 2008). Questions about these requirements may be directed 
to the Chief 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.
    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, CD-346, and 
SURF Program Student Applicant Information have been approved by the 
Office of Management and Budget (OMB) under the respective Control 
Numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046, 0605-0001, and 
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 of information 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, the Food and Drug 
Administration, and other Federal agencies on these topics, and all 
Presidential statements of policy on these topics.
    NIST will accept the submission of human subjects protocols that 
have been approved by Institutional Review Boards (IRBs) currently 
registered with DHHS and performed by entities possessing a current, 
valid Federal-wide Assurance (FWA) from DHHS, that are appropriately 
linked to the IRB that approved the protocol. NIST will not issue a 
single project assurance (SPA) for any IRB reviewing any human subjects 
protocol proposed to NIST.
    Generally, the NIST does not fund research involving human subjects 
in foreign countries. NIST will consider, however, the use of 
preexisting tissue, cells, or data from a foreign source on a limited 
basis if the following criteria are satisfied:
    1. The scientific source is considered unique,
    2. An equivalent source is unavailable within the United States,
    3. An alternative approach is not scientifically of equivalent 
merit, and
    4. The specific use qualifies for an exemption under the Common 
Rule.
    President Obama has issued Executive Order No. 13,505 (74 FR 10667, 
March 9, 2009), revoking previous Executive Orders and Presidential 
statements regarding the use of human embryonic stem cells in research. 
On July 30, 2009, President Obama issued a memorandum directing that 
agencies that support and conduct stem cell research adopt the 
``National Institutes of Health Guidelines for Human Stem Cell 
Research'' (NIH Guidelines), which became effective on July 7, 2009, 
``to the fullest extent practicable in light of legal authorities and 
obligations.'' On September 21, 2009, the Department of Commerce 
submitted to the Office of Management and Budget a statement of 
compliance with the NIH Guidelines. In accordance with the President's 
memorandum, the NIH Guidelines, and the Department of Commerce 
statement of compliance, NIST will support and conduct research using 
only human embryonic stem cell lines that have been approved by NIH in 
accordance with the NIH Guidelines and will review such research in 
accordance with the Common Rule and NIST implementing procedures, as 
appropriate. NIST will not support or conduct any type of research that 
the NIH Guidelines prohibit NIH from funding. NIST will follow any 
additional policies or guidance issued by the current Administration on 
this topic.
    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 products or to animal 
cell lines or tissues from tissue banks.
    Limitation of Liability: Funding for the programs listed in this 
notice is contingent upon the availability of Fiscal Year 2010 
appropriations. Funding for the programs listed in this notice is 
contingent upon the availability of Fiscal Year 2011

[[Page 98]]

appropriations. NIST issues this notice subject to the appropriations 
made available under the current continuing resolution, S. Amend. to 
H.R. 3081, ``Continuing Appropriations Resolution, 2011,'' Public Law 
111-242, as amended by H.J. Res. 101, ``Further Continuing 
Appropriations, 2011,'' Public Law 111-290; H.J. Res. 105, ``Further 
Continuing Appropriations, 2011,'' Public Law 111-317; and H.R 3082, 
``Further Continuing Appropriations, 2011,'' Public Law 111-322. NIST 
anticipates making awards for the programs listed in this notice 
provided that funding for the programs is continued beyond March 4, 
2011, the expiration of the current continuing resolution. In no event 
will NIST or the Department of Commerce be responsible for proposal 
preparation costs if these programs fail to receive funding or are 
cancelled because of agency priorities. Publication of this 
announcement does not oblige NIST or the Department of Commerce to 
award any specific project or to obligate any available funds.
    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 27, 2010.
David Robinson,
Associate Director for Management Resources.
[FR Doc. 2010-33075 Filed 12-30-10; 8:45 am]
BILLING CODE 3510-13-P


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