[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4535-4540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1333]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 080107023-8025-01 ]


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 2008: (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, Nanoscale Science and Technology, Chemical 
Science and Technology, Physics, Materials Science and Engineering/
Neutron Research, Building and Fire Research, and Information 
Technology as described in the Federal Funding Opportunity.
    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 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 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.
    The objective of the SURF programs is to build a mutually 
beneficial relationship between the student, the institution, and NIST. 
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 special 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 Electronics and Electrical 
Engineering Lab (EEEL), Manufacturing Engineering Lab (MEL), Center for 
Nanoscale Science and Technology (CNST), Chemical Science and 
Technology Lab (CSTL), Physics Lab (PL), Materials Science and 
Engineering Lab (MSEL)/NIST Center for Neutron Research (NCNR), 
Building and Fire Research Lab (BFRL), and Information Technology Lab 
(ITL) to offer unique research and training opportunities for 
undergraduates, providing them a research-rich environment and exposure 
to state of the art equipment.

EEEL, MEL, CNST, CSTL, PL, MSEL/ NCNR, 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 25, 2008.

ADDRESSES: For all SURF Gaithersburg Programs, paper applications must 
be

[[Page 4536]]

submitted to: Ms. Anita Sweigert, 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 Melinda Chukran, NIST Grants and Agreements 
Management Division at (301) 975-5266 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 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 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 $3400 per student).

----------------------------------------------------------------------------------------------------------------
                                                    Anticipated     Anticipated                     Anticipated
                     Program                        NSF funding    NIST funding    Total Program     number of
                                                        ($)             ($)        funding  ($)       awards
----------------------------------------------------------------------------------------------------------------
EEEL............................................          72,960          40,000         112,960              ~5
MEL.............................................          88,000               0          88,000             ~13
CNST............................................               0          40,000          40,000              ~5
CSTL............................................               0         105,000         105,000             ~16
PL..............................................         114,000          65,000         179,000             ~26
MSEL/NCNR.......................................         130,000               0         130,000             ~22
BFRL............................................          81,000               0          81,000             ~10
ITL.............................................               0          40,000          40,000              ~5
----------------------------------------------------------------------------------------------------------------

    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 Program is anticipated to run from May 27, 
2008 through August 8, 2008; adjustments may be made to accommodate 
specific academic schedules (e.g., a limited number of 9-week 
cooperative agreements).
    Funding for the program(s) listed in this notice is contingent upon 
the availability of Fiscal Year 2008 appropriations under The 
Consolidated Appropriations Act, 2008 (Pub. L. 110-161). In no event 
will NIST or the Department of Commerce be responsible for proposal 
preparation costs if this program(s) fail to receive funding or are 
cancelled because of other 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.
    Statutory Authority: The authority for the SURF 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. These students must show promise as present or 
future contributors to the missions of NIST.
    Eligibility: NIST's SURF Gaithersburg Program is 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. The SURF Gaithersburg Program does 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 (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 2008 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

[[Page 4537]]

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.
    The selection process occurs in three rounds. 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. 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 (e.g., the Selecting Official) for each 
laboratory, 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 Gaithersburg Program resides as described 
in the Funding Opportunity Description section of this notice, the 
relevance of the student's statement of commitment to the goals of the 
SURF Gaithersburg Program, fit of the student's interests and abilities 
to the available projects in that laboratory program, compatibility of 
the student with the research environment in that laboratory, 
assessment of whether the SURF program experience will make a 
difference on the student, and the availability of funding.
    Based on these results, the Program Director (e.g., Selecting 
Official) for each laboratory will divide the rank ordered student/
application 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 
Gaithersburg Program. Student/institution packets placed in the Do Not 
Fund category will not be considered for funding by any other NIST 
laboratories.
    Student/institution packets placed in the Fund if Possible Category 
may be considered for funding at a later time by the category-
designating SURF Program; in the interim period these students will be 
released for consideration for funding by the SURF Gaithersburg Program 
designated by the student as his/her second choice. The student's 
second choice laboratory's Program Director will take into 
consideration the recommendations of the reviewers who conducted the 
technical reviews for the student's first choice SURF 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. The SURF 
Gaithersburg Program designated by the student as his/her second choice 
may choose not to rank and select students in this round. This action 
designates these students as being available for the third round of 
selections.
    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 a third round, conducted 
the same as the second round. In making selections for the third round 
of selections and placement, each SURF Gaithersburg Program Director 
(e.g., Selecting Official) will take into consideration the 
recommendations of the reviewers who conducted the technical reviews 
for the student's first choice SURF Gaithersburg Program, the selection 
factors noted above as applied to that laboratory and rank order the 
students in this selection round. As in the second selection round, 
each SURF Gaithersburg Program may choose not to rank and select a 
student in this third round. Substitutions for students who decline 
offers will be made from the available pool of 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 adversely affects 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 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 Program, the 
evaluation criteria are:
    (A) Evaluation of Student's Interest in Participating in the 
Program, Academic Ability, Laboratory Experience and Advanced Degree 
Openness: Evaluation of career goals and completed course work, honors 
and awards, grade point average in courses relevant to the SURF 
Gaithersburg Program, English proficiency and writing proficiency, 
research skills, innovativeness, social skills, safety consciousness, 
leadership potential, independence, honesty, and 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 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 25, 2008.

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 Judy Murphy, Grants and 
Agreements Management Division at (301) 975-5603 or 
[email protected].
    Additional Information:
    Funding Availability:

[[Page 4538]]

    Funds budgeted for payment to students under this program are 
stipends, not salaries. The SURF NIST Boulder Program will not 
authorize funds for indirect costs or fringe benefits. The stipend of 
$7340 includes a fellowship of $4000 plus $3340 for all expenses 
associated with travel and subsistence. Once they receive their awards, 
college and university grant recipients are expected to provide the 
full stipend to participating students in one lump sum before May 27, 
2008, the start of the SURF NIST Boulder Program. NIST will disburse 
funds to college and university awardees via the Automated Standard 
Application for Payments (ASAP) system.
    The table below summarizes the anticipated funding from NSF and 
NIST to operate the SURF NIST Boulder Program, broken out by 
Laboratory, subject to program approval and availability of funds.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Anticipated
                   Laboratory                       Anticipated     Anticipated    Total program     number of
                                                    NSF funding    NIST funding       funding         awards
----------------------------------------------------------------------------------------------------------------
EEEL............................................          34,400          39,000          73,400              10
PL..............................................          17,200          19,500          36,700               5
CSTL............................................           6,880           7,800          14,680               2
MSEL............................................          13,760          15,600          29,360               4
ITL.............................................           3,440           3,900           7,340               1
----------------------------------------------------------------------------------------------------------------

    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 funding opportunity, it is 
expected that individual awards to institutions will be $7340 times the 
number of participating students from that institution.
    The SURF NIST Boulder Program is anticipated to run from May 27, 
2008 through August 8, 2008; adjustments may be made to accommodate 
specific academic schedules (e.g., some 11-week cooperative agreements 
shifted to begin after the regular start in order to accommodate 
institutions operating on quarter systems).
    Funding for the program(s) listed in this notice is contingent upon 
the availability of Fiscal Year 2008 appropriations under The 
Consolidated Appropriations Act, 2008 (Pub. L. 110-161). In no event 
will NIST or the Department of Commerce be responsible for proposal 
preparation costs if this program(s) fails to receive funding or is 
cancelled because of other 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.

    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 
Program focuses on undergraduate fellows. Graduating seniors are 
eligible to participate but the likelihood of funds for their possible 
participation is extremely limited. Up to three such participants, 
approximately, might be considered if funds become available. If so, 
NIST will give priority to previous SURF participants. The SURF NIST 
Boulder Program does 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. 
Proposals should include the following:

(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 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, 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 
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 applications will not be reviewed for technical merit.
    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/university 
applicant packet, creating a rank order. The Selecting Official, the 
Director of NIST Boulder Laboratories, 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, 
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

[[Page 4539]]

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.
    Evaluation Criteria: For the SURF NIST Boulder Program 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 Program; 
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 
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, CD-346, and 
SURF Program Student Applicant Information have been approved by 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 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.
    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

[[Page 4540]]

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 2008 
appropriations under the Consolidated Appropriations Act, 2008 (Pub. L. 
110-161). 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: January 22, 2008.
Richard F. Kayser,
Acting Deputy Director, NIST.
 [FR Doc. E8-1333 Filed 1-24-08; 8:45 am]
BILLING CODE 3510-13-P