[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Pages 76982-76987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21982]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 061128313-6313-01]


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 following programs are soliciting applications for 
financial assistance for FY 2007: (1) The Gaithersburg Summer 
Undergraduate Research Fellowship Program, and (2) the Boulder Summer 
Undergraduate Research Fellowship Program. 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.

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) Gaithersburg and 
Boulder Programs

    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

[[Page 76983]]

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, 2007.
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: 
[email protected]; 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 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. 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: [email protected]. 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 Marilyn Goldstein, NIST Grants and Agreements 
Management Division at (301) 975-6359 or [email protected] or 
for assistance with using Grants.gov contact [email protected].

Funding Availability

    Funds budgeted for payment 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 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 ($363.64 
per week per student), travel, and lodging (up to $3,400 per student).

--------------------------------------------------------------------------------------------------------------------------------------------------------
             Program                 Anticipated NSF funding      Anticipated NIST funding        Total program funding       Anticipated No. of awards
--------------------------------------------------------------------------------------------------------------------------------------------------------
EEEL............................                       $80,000                       $40,000                      $120,000                           ~12
MEL.............................                        90,000                             0                        90,000                           ~13
CSTL............................                        70,000                        70,000                       140,000                           ~16
PL..............................                       110,000                        60,000                       170,000                           ~26
MSEL............................                        80,000                             0                        80,000                           ~20
BFRL............................                        65,000                             0                        65,000                            ~8
ITL.............................                             0                        80,000                        80,000                           ~12
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 29, 
2007 through August 10, 2007; adjustments may be made to accommodate 
specific academic schedules (e.g., a limited number of 9-week 
cooperative agreements).
    Funding for the programs listed in this notice is contingent upon 
the availability of Fiscal Year 2007 appropriations. NIST issues this 
notice subject to the appropriations made available under the current 
continuing resolution, H.R. 5631, ``Continuing Appropriations 
Resolution, 2007,'' Public Law 109-289, as amended by H.J. Res. 100, 
Public Law 109-369. NIST anticipates making awards for the programs 
listed in this notice provided that funding for the programs is 
continued beyond December 8, 2006, the expiration of the current 
continuing resolution.
    Statutory Authority: The authority for the SURF Gaithersburg 
Programs is 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 recordkeeping 
purposes. The remaining copies will be destroyed. Proposals should 
include the following:
    (A) Student Information:
    (1) Student application information cover sheet;

[[Page 76984]]

    (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 2007 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) 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 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 the FFO, 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 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 section of the FFO, 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 section of the FFO, 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, 2007.
ADDRESSES: Paper applications for the SURF NIST Boulder Program must be 
submitted to: Ms. Eyvon Petty, Administrative Coordinator, National 
Institute of Standards and Technology, 325 Broadway, Mail Stop 847.00, 
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. Eyvon 
Petty, Administrative Coordinator, National Institute of Standards and 
Technology, 325 Broadway, Mail Stop 847.00, Boulder, CO 80305-3328, 
Tel: (303) 497-3295, E-mail: [email protected]; Web site: 
http://surf.boulder.nist.gov/. All grants related administration 
questions concerning this program should be directed to Marilyn 
Goldstein, NIST Grants and Agreements Management Division at (301) 975-
6359 or [email protected] for assistance with using Grants.gov 
contact [email protected].

Additional Information

Funding Availability
    Funds budgeted for payment 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

[[Page 76985]]

defray the cost of living, for the duration of the program, in the 
Boulder area. 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 $1890 per 
student for 12 weeks).

----------------------------------------------------------------------------------------------------------------
                                                                                                    Anticipated
                   Laboratory                       Anticipated     Anticipated    Total program     number of
                                                    NSF funding    NIST funding       funding         awards
----------------------------------------------------------------------------------------------------------------
EEEL............................................         $29,560         $29,560         $59,120               8
PL..............................................          18,475          18,475          36,950               5
CSTL............................................          11,085          11,085          22,170               3
MSEL............................................           7,390           7,390          14,780               2
ITL.............................................           7,390           7,390          14,780               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 21, 
2007 through August 10, 2007; 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).
    Funding for the programs listed in this notice is contingent upon 
the availability of Fiscal Year 2007 appropriations. NIST issues this 
notice subject to the appropriations made available under the current 
continuing resolution, H.R. 5631, ``Continuing Appropriations 
Resolution, 2007,'' Public Law 109-289, as amended by H.J. Res. 100, 
Public Law 109-369. NIST anticipates making awards for the programs 
listed in this notice provided that funding for the programs is 
continued beyond December 8, 2006, the expiration of the current 
continuing resolution.
    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; and
    (6) 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 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 
the FFO, 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 the FFO, the relevance of the student's statement 
of

[[Page 76986]]

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 section of 
the FFO, 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 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 
contained in the Federal Register notice of December 30, 2004 (69 FR 
78389). On the form SF-424, the applicant's 9-digit Dun and Bradstreet 
Data Universal Numbering System (DUNS) number must be entered in the 
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. 200-
212, 37 CFR part 401, 15 CFR 14.36, and in section B.20 of the 
Department of Commerce Pre-Award Notification Requirements, published 
on December 30, 2004 (69 FR 78389). 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.
    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

[[Page 76987]]

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) registered 
with DHHS and performed by entities possessing a current, valid 
Federal-wide Assurance (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 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 2007 
appropriations. NIST issues this notice subject to the appropriations 
made available under the current continuing resolution, H.R. 5631, 
``Continuing Appropriations Resolution, 2007,'' Public Law 109-289, as 
amended by H.J. Res. 100, Public Law 109-369 and H.J. res 102, Public 
Law 109-383. NIST anticipates making awards for the programs listed in 
this notice provided that funding for the programs is continued beyond 
February 15, 2007, the expiration of the current continuing resolution. 
In no event will the Department of Commerce be responsible for proposal 
preparation costs if these programs fail to receive funding or are 
cancelled because of other agency priorities. Publication of this 
announcement does not oblige the agency 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 14, 2006.
James E. Hill,
Acting Deputy Director, NIST.
 [FR Doc. E6-21982 Filed 12-21-06; 8:45 am]
BILLING CODE 3510-13-P