NIST Center for Neutron Research Financial Assistance Program; Availability of Funds, 12191-12193 [05-4847]

Download as PDF Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices participate in this mission has not yet been determined, but will be approximately USD 1,500. The fees will not cover travel expenses and lodging. Recruitment begins immediately and will close on March 31, 2005, in order to ensure sufficient time to obtain incountry appointments for applicants selected to participate in the mission. Applications received after that date will be considered only if space and scheduling constraints permit. The mission Web site (https:// www.export.gov/afghanistan/events) will share information as it becomes available. Disclaimer: Trade mission participants participate in the trade mission and undertake related travel at their own risk and are advised to obtain insurance accordingly. Any question regarding insurance coverage must be resolved by the participant and its insurer of choice. Trade mission participants and their companies, on behalf of themselves and any of their respective officers, employees or agents, agree to release, indemnify and hold harmless the U.S. Government from liability for any illness, injury, loss of life, or damage or loss of property, suffered by themselves or their respective officers, employees or agents, occasioned by or connected with participation in the trade mission. The U.S. Government does not make any representations or guarantees as to the safety or security of participants. Companies should consult the State Department’s travel warning for Afghanistan: https://travel.state.gov/ travel/afghanistan_warning.html. The U.S. Government does not make any representations or guarantees as to the success of the trade mission. Contact Information: Jana Nelhybel, Afghanistan Investment and Reconstruction Task Force, U.S. Department of Commerce, Washington, DC 20230. Tel: (202) 482–1812. Fax: (202) 482–0980. E-mail: AfghanInfo@ita.doc.gov. Dated: March 7, 2005. Peter Hale, Director, Office of Policy Coordination. [FR Doc. E5–1024 Filed 3–10–05; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No.: 050301051–5051–01] NIST Center for Neutron Research Financial Assistance Program; Availability of Funds National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: SUMMARY: The National Institute of Standards and Technology (NIST) announces that the NIST Center for Neutron Research (NCNR) Financial Assistance Program is soliciting applications for financial assistance for FY 2005. The NCNR Financial Assistance Program will offer financial assistance in the field of Neutron Research and Spectroscopy specifically aimed at developing new instrumentation for Neutron Research, conducting collaborative research with NIST scientists, and assisting visiting researchers at the NCNR. DATES: All applications, paper and electronic, must be received at the address listed below no later than 5 p.m. Eastern Standard Time on April 1, 2005. Late applications will not be reviewed nor considered. ADDRESSES: Paper applications must be submitted to: Kim Stavish, National Institute of Standards and Technology, NIST Center for Neutron Research, STOP 8560, Gaithersburg, Maryland 20899–8560, phone (301) 975–2672. Electronic applications and associated proposal information should be uploaded to https://grants.gov. FOR FURTHER INFORMATION CONTACT: For complete information about this program and instructions for applying by paper or electronically, read the Federal Funding Opportunity (FFO) Notice at https://www.grants.gov. A paper copy of the FFO may be obtained by calling (301) 975–6328. Technical questions should be addressed to: Dr. Dan Neumann, at NCNR, 100 Bureau Drive, MS 8562, Gaithersburg, MD 20899–8562, or at Tel: (301) 975–5252; E-mail: Dan.Neumann@nist.gov. Grants Administration questions should be addressed to: Joyce Brigham, NIST Grants and Agreements Management Division; Tel: (301) 975–6328; joyce.brigham@nist.gov. For assistance with using https://grants.gov contact support@grants.gov. SUPPLEMENTARY INFORMATION: Catalog of Federal Domestic Assistance Name and Number: VerDate jul<14>2003 16:40 Mar 10, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 12191 Measurement and Engineering Research and Standards—11.609. Program Description: The primary program objectives of the financial assistance program in Neutron Research are to develop new areas of neutron instrumentation with emphasis on cold neutrons; to explore and develop new areas of neutron scattering science, with emphasis on macromolecular science, condensed matter physics, and chemistry; to assist and train facility users in their research; and to conduct other outreach and educational activities that advance the use of neutrons by U.S. university and industrial scientists. This will entail stationing scientific staff at the NCNR who, in collaboration with NIST and visiting scientists, advance these objectives. Funding Availability: Proposals will be considered for cooperative agreements with durations of up to five years, subject to the availability of funds, satisfactory progress, and the continuing relevance to the objectives of the NIST Center for Neutron Research. The anticipated level of funding is up to $3,500,000 per year and one or more awards may be approved. Between one and five awards are likely. NIST will give preference to fullscope proposals. However applicants may choose to submit proposals covering full or partial amounts of the funding available. Partial funding proposals may be limited to specific program objectives. NIST will determine whether to fund one award for the full amount; to divide available funds into multiple awards of any size, and negotiate scopes of work and budgets as appropriate; or not to select any proposal for funding, upon completing the selection process described below. Statutory Authority: 15 U.S.C. 272 (b)(4,7) and (c)(8,10,16,17,19). Eligibility: The NCNR Financial Assistance Program is open to U.S. institutions of higher education. Review and Selection Process: 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. The Program will retain one copy of each non-responsive application for three years for record keeping purposes. The remaining copies will be destroyed. Responsive proposals will be reviewed by an independent, objective panel composed of at least four individuals who are knowledgeable E:\FR\FM\11MRN1.SGM 11MRN1 12192 Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices about neutron scattering research, neutron spectroscopy, and neutron scattering instrumentation. This panel will conduct a technical review of proposals based on the evaluation criteria listed above. If non-Federal reviewers are used, any advice provided will be on an individual basis, not as a consensus. The NCNR Director, serving as the Selection Official, will make the award selection. In making the award selection, the NCNR Director will take into consideration the panels’ technical evaluation. The NCNR Director, as the selecting official, may choose a proposal out of rank order based upon one or more of the following factors: (1) Availability of funds, (2) redundancy, (3) balance/distribution of funds by research areas described above in the Program description of this Notice, (4) program objectives described above in the Program Description section of this Notice, (5) logistical concerns, and (6) preference for full-scope proposals. If an award is made to an applicant that deviates from the scores of the reviewers, the NCNR Director shall justify the selection in writing based on selection factors described above. The NCNR Director may select all, none, or some of the applications for funding. 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, 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 award decision of the Grants Officer is final. Applicants should allow up to 90 days processing time. 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 NCNR Financial Assistance Program, the technical reviewers will use the following criteria to evaluate the proposals: 1. Qualifications and experience of the Principle Investigator in neutron scattering research, as demonstrated by extensive publications and invited lectures in condensed matter physics, chemistry, material science, VerDate jul<14>2003 16:40 Mar 10, 2005 Jkt 205001 macromolecular science or related fields (10%). 2. Qualifications and experience of the proposed university staff in neutron scattering research or in related scientific or engineering areas that are key to the activities contained in the proposal, as demonstrated by resumes of staff proposed for this program (25%). 3. Quality of the proposed research and development plan and its potential impact on neutron scattering science, particularly in the areas of macromolecular science, condensed matter physics, and chemistry (20%). 4. Quality of the plan in terms of providing research assistance to U.S. neutron researchers using the NCNR facilities, including related training, education, and outreach (30%). 5. Quality of the plan to integrate university staff effectively into the activities of the NCNR facility, including establishing robust communications between the university and the NCNR (10%). 6. Cost effectiveness of the plan (5%). Cost Share Requirements: There is no cost sharing nor matching requirement for this program. The Department of Commerce PreAward Notification Requirements for Grants and Cooperative Agreements: The Department of Commerce PreAward Notification Requirements for Grants and Cooperative Agreements contained in the Federal Register notice of December 30, 2004 (69 FR 78389) is applicable to this announcement. On the form SF–424, the applicant’s 9-digit Dun and Bradstreet Data Universal Numbering System (DUNS) number must be entered in the 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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 NIST-owned intellectual property to carry out the work proposed, the applicant should identify such intellectual property. This information will be used to ensure that no NIST employee involved in the development of the intellectual property will participate in the review process for that competition. In addition, if the applicant intends to use NIST-owned intellectual property, the applicant must comply with all statutes and regulations governing the licensing of Federal government patents and inventions, described at 35 U.S.C. sec. 200–212, 37 CFR part 401, 15 CFR 14.36, and in section 20 of the Department of Commerce Pre-Award Notification Requirements, 69 FR 78389 (December 30, 2004). 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. 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 E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices human subjects must meet the requirements of the Common Rule for the Protection of Human Subjects, codified for the Department of Commerce at 15 CFR part 27. In addition, any proposal that includes research on these topics must be in compliance with any statutory requirements imposed upon the Department of Health and Human Services (DHHS) and other Federal agencies regarding these topics, all regulatory policies and guidance adopted by DHHS, FDA, and other Federal agencies on these topics, and all Presidential statements of policy on these topics. On December 3, 2000, the U.S. Department of Health and Human Services (DHHS) introduced a new Federal-wide Assurance of Protection of Human Subjects (FWA). The FWA covers all of an institution’s Federally supported human subjects research, and eliminates the need for other types of Assurance documents. The Office for Human Research Protections (OHRP) has suspended processing of multiple project assurance (MPA) renewals. All existing MPAs will remain in force until further notice. For information about FWAs, please see the OHRP Web site at https://ohrp.osophs.dhhs.gov/ humansubjects/assurance/fwas.htm. In accordance with the DHHS change, NIST will continue to accept the submission of human subjects protocols that have been approved by Institutional Review Boards (IRBs) possessing a current, valid MPA from DHHS. NIST also will accept the submission of human subjects protocols that have been approved by IRBs possessing a current, valid FWA from DHHS. NIST will not issue a single project assurance (SPA) for any IRB reviewing any human subjects protocol proposed to NIST. On August 9, 2001, the President announced his decision to allow Federal funds to be used for research on existing human embryonic stem cell lines as long as prior to his announcement (1) the derivation process (which commences with the removal of the inner cell mass from the blastocyst) had already been initiated and (2) the embryo from which the stem cell line was derived no longer had the possibility of development as a human being. NIST will follow guidance issued by the National Institutes of Health at https://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 VerDate jul<14>2003 16:40 Mar 10, 2005 Jkt 205001 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: 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 notices 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: March 3, 2005. Hratch G. Semerjian, Acting Director, NIST. [FR Doc. 05–4847 Filed 3–10–05; 8:45 am] BILLING CODE 3510–13–P PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 12193 DEPARTMENT OF COMMERCE National Institute of Standards and Technology Advanced Technology Program Advisory Committee National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of partially closed meeting. AGENCY: SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Advanced Technology Program Advisory Committee, National Institute of Standards and Technology (NIST), will meet Tuesday, March 22, 2005, from 9 a.m. to 3 p.m. The Advanced Technology Program Advisory Committee is composed of nine members appointed by the Director of NIST; who are eminent in such fields as business, research, new product development, engineering, education, and management consulting. The purpose of this meeting is to review and make recommendations regarding general policy for the Advanced Technology Program (ATP), its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress. The agenda will include presentations on Insights from the Task Force on Innovation; Science and Technology in Austria: Small County, Great Expectations; Survey of ATP Applicants 2002; and Insights from ‘‘Innovate America: National Innovation Initiative Report. A discussion scheduled to begin at 1 p.m. and to end at 3 p.m. on March 22, 2005, on ATP budget issues will be closed. Agenda may change to accommodate Committee business. All visitors to the National Institute of Standards and Technology site will have to pre-register to be admitted. Please submit your name, time of arrival, e-mail address and phone number to Donna Paul no later than Friday, March 18 and she will provide you with instructions for admittance. Ms. Paul’s e-mail address is donna.paul@nist.gov and her phone number is 301/975–2162. DATES: The meeting will convene Tuesday, March 22, at 9 a.m. and will adjourn at 3 p.m. on Tuesday, March 22, 2005. ADDRESSES: The meeting will be held at the National Institute of Standards and Technology, Administration Building, Employees’ Lounge, Gaithersburg, E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Notices]
[Pages 12191-12193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4847]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket No.: 050301051-5051-01]


NIST Center for Neutron Research Financial Assistance Program; 
Availability of Funds

AGENCY: National Institute of Standards and Technology, Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The National Institute of Standards and Technology (NIST) 
announces that the NIST Center for Neutron Research (NCNR) Financial 
Assistance Program is soliciting applications for financial assistance 
for FY 2005. The NCNR Financial Assistance Program will offer financial 
assistance in the field of Neutron Research and Spectroscopy 
specifically aimed at developing new instrumentation for Neutron 
Research, conducting collaborative research with NIST scientists, and 
assisting visiting researchers at the NCNR.

DATES: All applications, paper and electronic, must be received at the 
address listed below no later than 5 p.m. Eastern Standard Time on 
April 1, 2005. Late applications will not be reviewed nor considered.

ADDRESSES: Paper applications must be submitted to: Kim Stavish, 
National Institute of Standards and Technology, NIST Center for Neutron 
Research, STOP 8560, Gaithersburg, Maryland 20899-8560, phone (301) 
975-2672. Electronic applications and associated proposal information 
should be uploaded to https://grants.gov.

FOR FURTHER INFORMATION CONTACT: For complete information about this 
program and instructions for applying by paper or electronically, read 
the Federal Funding Opportunity (FFO) Notice at https://www.grants.gov. 
A paper copy of the FFO may be obtained by calling (301) 975-6328. 
Technical questions should be addressed to: Dr. Dan Neumann, at NCNR, 
100 Bureau Drive, MS 8562, Gaithersburg, MD 20899-8562, or at Tel: 
(301) 975-5252; E-mail: Dan.Neumann@nist.gov. Grants Administration 
questions should be addressed to: Joyce Brigham, NIST Grants and 
Agreements Management Division; Tel: (301) 975-6328; 
joyce.brigham@nist.gov. For assistance with using https://grants.gov 
contact support@grants.gov.

SUPPLEMENTARY INFORMATION:
    Catalog of Federal Domestic Assistance Name and Number: Measurement 
and Engineering Research and Standards--11.609.
    Program Description: The primary program objectives of the 
financial assistance program in Neutron Research are to develop new 
areas of neutron instrumentation with emphasis on cold neutrons; to 
explore and develop new areas of neutron scattering science, with 
emphasis on macromolecular science, condensed matter physics, and 
chemistry; to assist and train facility users in their research; and to 
conduct other outreach and educational activities that advance the use 
of neutrons by U.S. university and industrial scientists. This will 
entail stationing scientific staff at the NCNR who, in collaboration 
with NIST and visiting scientists, advance these objectives.
    Funding Availability: Proposals will be considered for cooperative 
agreements with durations of up to five years, subject to the 
availability of funds, satisfactory progress, and the continuing 
relevance to the objectives of the NIST Center for Neutron Research. 
The anticipated level of funding is up to $3,500,000 per year and one 
or more awards may be approved. Between one and five awards are likely.
    NIST will give preference to full-scope proposals. However 
applicants may choose to submit proposals covering full or partial 
amounts of the funding available. Partial funding proposals may be 
limited to specific program objectives. NIST will determine whether to 
fund one award for the full amount; to divide available funds into 
multiple awards of any size, and negotiate scopes of work and budgets 
as appropriate; or not to select any proposal for funding, upon 
completing the selection process described below.

    Statutory Authority: 15 U.S.C. 272 (b)(4,7) and 
(c)(8,10,16,17,19).

    Eligibility: The NCNR Financial Assistance Program is open to U.S. 
institutions of higher education.
    Review and Selection Process: 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. The Program will retain one copy of each 
non-responsive application for three years for record keeping purposes. 
The remaining copies will be destroyed.
    Responsive proposals will be reviewed by an independent, objective 
panel composed of at least four individuals who are knowledgeable

[[Page 12192]]

about neutron scattering research, neutron spectroscopy, and neutron 
scattering instrumentation. This panel will conduct a technical review 
of proposals based on the evaluation criteria listed above. If non-
Federal reviewers are used, any advice provided will be on an 
individual basis, not as a consensus.
    The NCNR Director, serving as the Selection Official, will make the 
award selection. In making the award selection, the NCNR Director will 
take into consideration the panels' technical evaluation. The NCNR 
Director, as the selecting official, may choose a proposal out of rank 
order based upon one or more of the following factors: (1) Availability 
of funds, (2) redundancy, (3) balance/distribution of funds by research 
areas described above in the Program description of this Notice, (4) 
program objectives described above in the Program Description section 
of this Notice, (5) logistical concerns, and (6) preference for full-
scope proposals. If an award is made to an applicant that deviates from 
the scores of the reviewers, the NCNR Director shall justify the 
selection in writing based on selection factors described above. The 
NCNR Director may select all, none, or some of the applications for 
funding.
    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, 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 award decision of the Grants Officer is final. 
Applicants should allow up to 90 days processing time.
    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 NCNR Financial Assistance Program, the 
technical reviewers will use the following criteria to evaluate the 
proposals:
    1. Qualifications and experience of the Principle Investigator in 
neutron scattering research, as demonstrated by extensive publications 
and invited lectures in condensed matter physics, chemistry, material 
science, macromolecular science or related fields (10%).
    2. Qualifications and experience of the proposed university staff 
in neutron scattering research or in related scientific or engineering 
areas that are key to the activities contained in the proposal, as 
demonstrated by resumes of staff proposed for this program (25%).
    3. Quality of the proposed research and development plan and its 
potential impact on neutron scattering science, particularly in the 
areas of macromolecular science, condensed matter physics, and 
chemistry (20%).
    4. Quality of the plan in terms of providing research assistance to 
U.S. neutron researchers using the NCNR facilities, including related 
training, education, and outreach (30%).
    5. Quality of the plan to integrate university staff effectively 
into the activities of the NCNR facility, including establishing robust 
communications between the university and the NCNR (10%).
    6. Cost effectiveness of the plan (5%).
    Cost Share Requirements: There is no cost sharing nor matching 
requirement for this program.
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: The Department of Commerce Pre-Award 
Notification Requirements for Grants and Cooperative Agreements 
contained in the Federal Register notice of December 30, 2004 (69 FR 
78389) is applicable to this announcement. On the form SF-424, the 
applicant's 9-digit Dun and Bradstreet Data Universal Numbering System 
(DUNS) number must be entered in the Applicant Identifier block (68 FR 
38402).
    Collaborations with NIST Employees: All applications should include 
a description of any work proposed to be performed by an entity other 
than the applicant, and the cost of such work should ordinarily be 
included in the budget.
    If an applicant proposes collaboration with NIST, the statement of 
work should include a statement of this intention, a description of the 
collaboration, and prominently identify the NIST employee(s) involved, 
if known. Any collaboration by a NIST employee must be approved by 
appropriate NIST management and is at the sole discretion of NIST. 
Prior to beginning the merit review process, NIST will verify the 
approval of the proposed collaboration. Any unapproved collaboration 
will be stricken from the proposal prior to the merit review.
    Use of NIST Intellectual Property: If the applicant anticipates 
using any NIST-owned intellectual property to carry out the work 
proposed, the applicant should identify such intellectual property. 
This information will be used to ensure that no NIST employee involved 
in the development of the intellectual property will participate in the 
review process for that competition. In addition, if the applicant 
intends to use NIST-owned intellectual property, the applicant must 
comply with all statutes and regulations governing the licensing of 
Federal government patents and inventions, described at 35 U.S.C. sec. 
200-212, 37 CFR part 401, 15 CFR 14.36, and in section 20 of the 
Department of Commerce Pre-Award Notification Requirements, 69 FR 78389 
(December 30, 2004). 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.
    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

[[Page 12193]]

human subjects must meet the requirements of the Common Rule for the 
Protection of Human Subjects, codified for the Department of Commerce 
at 15 CFR part 27. In addition, any proposal that includes research on 
these topics must be in compliance with any statutory requirements 
imposed upon the Department of Health and Human Services (DHHS) and 
other Federal agencies regarding these topics, all regulatory policies 
and guidance adopted by DHHS, FDA, and other Federal agencies on these 
topics, and all Presidential statements of policy on these topics.
    On December 3, 2000, the U.S. Department of Health and Human 
Services (DHHS) introduced a new Federal-wide Assurance of Protection 
of Human Subjects (FWA). The FWA covers all of an institution's 
Federally supported human subjects research, and eliminates the need 
for other types of Assurance documents. The Office for Human Research 
Protections (OHRP) has suspended processing of multiple project 
assurance (MPA) renewals. All existing MPAs will remain in force until 
further notice. For information about FWAs, please see the OHRP Web 
site at https://ohrp.osophs.dhhs.gov/humansubjects/assurance/fwas.htm.
    In accordance with the DHHS change, NIST will continue to accept 
the submission of human subjects protocols that have been approved by 
Institutional Review Boards (IRBs) possessing a current, valid MPA from 
DHHS. NIST also will accept the submission of human subjects protocols 
that have been approved by IRBs possessing a current, valid FWA from 
DHHS. NIST will not issue a single project assurance (SPA) for any IRB 
reviewing any human subjects protocol proposed to NIST.
    On August 9, 2001, the President announced his decision to allow 
Federal funds to be used for research on existing human embryonic stem 
cell lines as long as prior to his announcement (1) the derivation 
process (which commences with the removal of the inner cell mass from 
the blastocyst) had already been initiated and (2) the embryo from 
which the stem cell line was derived no longer had the possibility of 
development as a human being. NIST will follow guidance issued by the 
National Institutes of Health at https://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: 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 
notices 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: March 3, 2005.
Hratch G. Semerjian,
Acting Director, NIST.
[FR Doc. 05-4847 Filed 3-10-05; 8:45 am]
BILLING CODE 3510-13-P
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