Technology Innovation Program (TIP) Notice of Availability of Funds and Announcement of Public Meetings (Proposers' Conferences), 40507-40511 [E8-16068]

Download as PDF Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices 3. Committee meetings are open to the public. Nomination Information 1. Nominations are sought from all fields described above. 2. Nominees should have established records of distinguished service and shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment and international relations. The category (field of eminence) for which the candidate is qualified should be specified in the nomination letter. Nominations for a particular category should come from organizations or individuals within that category. A summary of the candidate’s qualifications should be included with the nomination, including (where applicable) current or former service on federal advisory boards and federal employment. In addition, each nomination letter should state that the candidate agrees to the nomination, acknowledges the responsibilities of serving on the VCAT, and will actively participate in good faith in the tasks of the VCAT. Besides participation in oneor two-day meetings held at least twice each year, it is desired that members be able to devote the equivalent of two days between meetings to either developing or researching topics of potential interest, and so forth in furtherance of the Committee duties. 3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse VCAT membership. Dated: July 8, 2008. James M. Turner, Deputy Director. [FR Doc. E8–16064 Filed 7–14–08; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No.: 080626784–8786–01] RIN 0693–ZA82 mstockstill on PROD1PC66 with NOTICES Technology Innovation Program (TIP) Notice of Availability of Funds and Announcement of Public Meetings (Proposers’ Conferences) National Institute of Standards and Technology (NIST), Department of Commerce. ACTION: Notice. AGENCY: SUMMARY: The National Institute of Standards and Technology’s (NIST) VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 Technology Innovation Program (TIP) announces that it will hold a single fiscal year 2008 competition and is soliciting high-risk, high-reward research and development proposals for financial assistance. TIP also announces that it will hold public meetings (Proposers’ Conferences) for all interested parties. TIP is soliciting proposals under this fiscal year 2008 competition in one area of critical national need entitled ‘‘Civil Infrastructure’’ as described in the Program Description section below. DATES: The due date for submission of proposals is 3 p.m. Eastern Time, Thursday, September 4, 2008. This deadline applies to any mode of proposal submission, including handdelivery, courier, express mailing, and electronic. Do not wait until the last minute to submit a proposal. TIP will not make any allowances for late submissions, including incomplete Grants.gov registration or delays by guaranteed overnight couriers. To avoid any potential processing backlogs due to last minute registrations, proposers are strongly encouraged to start their Grants.gov registration process at least four weeks prior to the proposal submission due date. Review, selection, and award processing is expected to be completed by the end of November 2008. ADDRESSES: Proposals must be submitted to TIP as follows: Paper submission: Send to National Institute of Standards and Technology, Technology Innovation Program, 100 Bureau Drive, Stop 4701, Gaithersburg, MD 20899–4701. Electronic submission: https:// www.grants.gov. FOR FURTHER INFORMATION CONTACT: Barbara Lambis at 301–975–4447 or by e-mail at barbara.lambis@nist.gov. SUPPLEMENTARY INFORMATION: Additional Information. The full Federal Funding Opportunity (FFO) announcement for this request for proposals is available at https:// www.grants.gov. The full FFO announcement text can also be accessed on the TIP Web site at https:// www.nist.gov/tip/helpful.html. The June 2008 Technology Innovation Program Proposal Preparation Kit is also available at https://www.nist.gov/tip/ helpful.html. The TIP Proposal Preparation Kit must be used to prepare a TIP proposal. The TIP implementing regulations are published at 15 CFR Part 296, 73 FR 35,913 (June 25, 2008), and included in the TIP Proposal Preparation Kit as Appendix B. Public Meetings (Proposers’ Conferences). TIP is holding public PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 40507 meetings (Proposers’ Conferences) at several locations around the country. Proposers’ conferences will provide general information regarding TIP, guidance on preparing proposals, and the opportunity for questions and answers. Proprietary technical discussions about specific project ideas with NIST staff are not permitted at these conferences or at any time before submitting the proposal to TIP. Therefore, you should not expect to have proprietary issues addressed at proposers’ conferences. Also, NIST/TIP staff will not critique or provide feedback on project ideas while they are being developed by a proposer. However, NIST/TIP staff will answer questions about the TIP eligibility and cost-sharing requirements, evaluation and award criteria, selection process, and the general characteristics of a competitive TIP proposal at the proposers’ conferences and by phone and e-mail. Attendance at TIP proposers’ conferences is not required. TIP Proposers’ Conferences are being held at the following dates, times, and locations: July 16, 2008, 9 a.m.–1 p.m. Central Time: St. Louis Airport Marriott, 10700 Pear Tree Lane, St. Louis, MO (314– 253–5121). July 16, 2008, 9 a.m.–1 p.m. Central Time: Renaissance Houston, 6 Greenway Plaza, East Houston, TX (713–850–2310). July 17, 2008, 9 a.m.–1 p.m. Eastern Time: Holiday Inn Atlanta Airport North, 1380 Virginia Avenue, Atlanta, GA (404–838–0029). July 17, 2008, 9 a.m.–1 p.m. Pacific Time: Holiday Inn Portland Airport, 8439 North East Columbia Boulevard, Portland, OR (503–914–5253). July 18, 2008, 9 a.m.–1 p.m. Pacific Time: Doubletree San Jose, 2050 Gateway Place, San Jose, CA (408–437– 2124). July 21, 2008, 1 p.m.–5 p.m. Eastern Time: Boston Courtyard Downtown, 275 Tremont Street, Boston, MA (781–537– 5594). July 22, 2008, 9 a.m.–1 p.m. Eastern Time: NIST Red Auditorium, 100 Bureau Drive, Gaithersburg, MD (301– 975–8910). Pre-registration is required by 5 p.m. Eastern Time on July 16, 2008 for the Proposers’ Conference being held at NIST Gaithersburg, MD only. Due to increased security at NIST, no on-site registrations will be accepted and all attendees must be pre-registered. Photo identification must be presented at the NIST main gate to be admitted to the July 17, 2008 conference. Attendees must wear their conference badge at all times while on the NIST campus. Same day registration will be allowed at the E:\FR\FM\15JYN1.SGM 15JYN1 mstockstill on PROD1PC66 with NOTICES 40508 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices other locations. Electronic Registration: At https://www.nist.gov/public_affairs/ confpage/080722.htm. No registration fee will be charged for any of the Proposers’ Conferences. Presentation materials from Proposers’ Conferences will be made available on the TIP Web site. Statutory Authority. Section 3012 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science (COMPETES) Act, Pub. L. 110–69 (August 9, 2007), 15 U.S.C.A. 278n (2008). CFDA. 11.613, Technology Innovation Program Program Description. TIP is soliciting proposals under this fiscal year 2008 competition in one area of critical nation need entitled ‘‘Civil Infrastructure’’ as described below. The objective of this area of critical national need is to address two elements of a Civil Infrastructure Structural Integrity societal challenge. The two elements are inspection and monitoring of the United States’ Civil Infrastructure Structural Integrity as outlined in the white paper ‘‘Advanced Sensing Technologies for the Infrastructure: Roads, Highways, Bridges and Water Systems’’ (https:// www.nist.gov/tip/helpful.html). The solutions to this societal challenge require advancement beyond the state-of-the-art of sensing technologies that will assess the structural integrity and/or deterioration processes of bridges, roads, water mains, and wastewater collection systems, that are more accurate, easier to use, and more economically feasible. The need for advanced sensing technologies is of national importance because nearly all municipalities and states in the nation face infrastructure management challenges. The need for TIP’s investment is justified because portions of infrastructure are reaching the end of their life spans and there are few cost effective technical means to monitor infrastructure integrity and to prioritize the renovation and replacement of infrastructure elements. Transformational research beyond incremental advancements is required to achieve the objectives for this area of critical national need. Incremental improvements of current technologies will not meet the challenges of providing cost-effective, widely deployable solutions to the problems of sensing structural integrities and/or deterioration processes widely across infrastructure systems. Proposals are being sought to create and validate new advanced, robust, network capable, nondestructive evaluation and test sensing systems, or VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 system components, to cost effectively and quantitatively inspect and evaluate the structural integrity of the civil infrastructure. The targeted system should be capable of, but not limited to, detection of corrosion, cracking, and delamination or failure of critical infrastructure elements and the materials of which they are made. Solutions are needed for improved inspection systems for roads, highways, bridges, drinking and wastewater systems that provide real-time understanding of the integrity and service life through the use of portable, mobile or remote sensing capabilities. Innovations are being sought in all aspects of a system to provide an advanced, cost effective, networked system, either fixed or mobile, that is easily deployable, self powered, and self monitoring. A complete system could include all system components, hardware, and software. Proposals that include validation by potential end users will be considered as having strong potential. Also within scope are: a. Systems that provide new and advanced methodologies for the detection of fluid leaks from water piping systems; and b. Single components of a system solution that include a demonstration of the component in a system setting. Ineligible projects under this competition are: a. Advancements in a system component without a prototype demonstrating that the component is functional within a system solution, as part of the proposed technical plan; b. Integration projects using only existing state-of-the-art components; c. Straightforward improvements to existing components without the potential for a transformational increase in performance to the technical requirements; and d. Software development that is predominantly straightforward, routine data gathering using applications of standard software development practices. In addition to the competitionspecific ineligible projects, the following are ineligible projects: a. Straightforward improvements of existing products or product development. b. Projects that are Phase II, III, or IV clinical trials. TIP will rarely fund Phase I clinical trials and reserves the right not to fund a Phase I clinical trial. The portion of a Phase I trial that may be funded must be critical to meeting Evaluation Criterion (a)(1) addressing the scientific and technical merit of the PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 proposal. The trial results must be essential for completion of a critical R&D task of the project. The definitions of all phases of clinical trials are provided in the TIP Guidelines and Documentation Requirements for Research Involving Human & Animal Subjects located at https://www.nist.gov/ tip/helpful.html. c. Pre-commercial-scale demonstration projects where the emphasis is on demonstrating that some technology works on a large scale or is economically sound rather than on R&D that advances the state of the art and is high-risk, high-reward. d. Projects that TIP determines would likely be completed without TIP funds in the same time frame or nearly the same time frame, or with the same scale or scope. e. Predominantly straightforward, routine data gathering (e.g., creation of voluntary consensus standards, data gathering/handbook preparation, testing of materials, or unbounded research aimed at basic discovery science) or application of standard engineering practices. f. Projects in which the predominant risk is market oriented—that is, the risk that the end product may not be embraced by the marketplace. g. Projects with software work, that are predominantly about final product details and product development, and that have significant testing involving users outside the research team to determine if the software meets the original research objectives, are likely to be either uncompetitive or possibly ineligible for funding. However, R&D projects with limited software testing, involving users outside of the research team, may be eligible for funding and contain eligible costs within a TIP award when the testing is critical to meeting Evaluation Criteria and/or Award Criteria and the testing results are essential for completion of a critical task in the proposed research. This type of testing in projects may also be considered to involve human subjects in research. Funding Availability. Fiscal year 2008 appropriations include funds in the amount of approximately $9 million for new TIP awards. Approximately 9 awards are anticipated. The anticipated start date is January 1, 2009. The period of performance depends on the R&D activity proposed. A single company can receive up to a total of $3 million with a project period of performance of up to 3 years. A joint venture can receive up to a total of $9 million with a project period of performance of up to 5 years. Continuation funding is based on satisfactory performance, availability E:\FR\FM\15JYN1.SGM 15JYN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices of funds, continued relevance to program objectives, and is at the sole discretion of NIST. Eligibility Criteria. Single companies and joint ventures may apply for TIP funding as provided in 15 CFR 296.2, 296.4, and 296.5. Cost Sharing Requirements. At least 50 percent of the yearly total project costs (direct plus all of the indirect costs). Evaluation and Award Criteria. Proposals are selected for funding based on the evaluation criteria listed in 15 CFR 296.21 and the award criteria listed in 15 CFR 296.22 as identified below. Additionally, no proposal will be funded unless TIP determines that it has scientific and technical merit and that the proposed research has strong potential for addressing a societal challenge within the TIP-identified area of critical national need as described in this notice. Detailed guidance on how to address the evaluation and award criteria is provided in Chapter 2 of the TIP Proposal Preparation Kit, which is available at https://www.nist.gov/tip/ helpful.html. Evaluation Criteria. The two components of the evaluation criteria and respective weights as listed in 15 CFR 296.21 are as follows: (a)(1) The proposer(s) adequately addresses the scientific and technical merit and how the research may result in intellectual property vesting in a United States entity including evidence that: (i) The proposed research is novel; (ii) The proposed research is highrisk, high-reward; (iii) The proposer(s) demonstrates a high level of relevant scientific/ technical expertise for key personnel, including contractors and/or informal collaborators, and has access to the necessary resources, for example research facilities, equipment, materials, and data, to conduct the research as proposed; (iv) The research result(s) has the potential to address the technical needs associated with a major societal challenge not currently being addressed; and (v) The proposed research plan is scientifically sound with tasks, milestones, timeline, decision points and alternate strategies. (2) Total weight of (a)(1)(i) through (v) is 50%. (b)(1) The proposer(s) adequately establishes that the proposed research has strong potential for advancing the state-of-the-art and contributing significantly to the United States science and technology knowledge base and to address areas of critical national VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 need through transforming the Nation’s capacity to deal with a major societal challenge(s) that is not currently being addressed, and generate substantial benefits to the Nation that extend significantly beyond the direct return to the proposer including an explanation in the proposal: (i) Of the potential magnitude of transformational results upon the Nation’s capabilities in an area; (ii) Of how and when the ensuing transformational results will be useful to the Nation; and (iii) Of the capacity and commitment of each award participant to enable or advance the transformation to the proposed research results (technology). (2) Total weight of (b)(1)(i) through (iii) is 50%. Award Criteria. The six components of the award criteria as listed in 15 CFR § 296.22 are as follows: (a) The proposal explains why TIP support is necessary, including evidence that the research will not be conducted within a reasonable time period in the absence of financial assistance from TIP; (b) The proposal demonstrates that reasonable and thorough efforts have been made to secure funding from alternative funding sources and no other alternative funding sources are reasonably available to support the proposal; (c) The proposal explains the novelty of the research (technology) and demonstrates that other entities have not already developed, commercialized, marketed, distributed, or sold similar research results (technologies); (d) The proposal has scientific and technical merit and may result in intellectual property vesting in a United States entity that can commercialize the technology in a timely manner; and (e) The proposal establishes that the research has strong potential for advancing the state-of-the-art and contributing significantly to the United States science and technology knowledge base; and (f) The proposal establishes that the proposed transformational research (technology) has strong potential to address areas of critical national need through transforming the Nation’s capacity to deal with major societal challenges that are not currently being addressed, and generate substantial benefits to the Nation that extend significantly beyond the direct return to the proposer. NIST must determine that a proposal successfully meets all six award criteria for the proposal to receive funding under the Program. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 40509 Selection Factors. In making final selections, the Selecting Official will select funding recipients based upon the Evaluation Panel’s rank order of the proposals and the following selection factors: a. Assuring an appropriate distribution of funds among technologies and their applications, b. Availability of funds, and/or c. Program priorities. Program Priorities. TIP is soliciting proposals under this fiscal year 2008 competition in one area of critical nation need entitled ‘‘Civil Infrastructure’’ as described in the Program Description section above. Selection Procedures. Proposals are selected based on a multi-disciplinary peer-review process, as described in 15 CFR 296.20. A preliminary review is conducted to determine if the proposal is in accordance with 15 CFR 296.3, complies with the eligibility requirements described in 15 CFR 296.5, addresses award criteria (a) through (c) of 15 CFR 296.22, and is complete. Proposals that are incomplete or do not meet any one of the preliminary review requirements will normally be eliminated. All remaining proposals are then carefully reviewed based on the TIP evaluation criteria listed in 15 CFR 296.21 and award criteria listed in 15 CFR 296.22. An Evaluation Panel will present funding recommendations to a Selecting Official in rank order for further consideration. The Selecting Official makes the final selections for funding. The selection of proposals by the Selecting Official is final and cannot be appealed. The final approval of selected proposals and award of assistance will be made by the NIST Grants Officer. The award decision of the NIST Grants Officer is final and cannot be appealed. NIST reserves the right to negotiate the cost and scope of the proposed work with the proposers that have been selected to receive awards. This may include requesting that the proposer delete from the scope of work a particular task that is deemed by NIST to be inappropriate for support. NIST also reserves the right to reject a proposal where information exists that raises a reasonable doubt as to the responsibility of the proposer. Unallowable/Ineligible Costs. The following items, regardless of whether they are allowable under the federal cost principles, are ineligible/unallowable under TIP: a. Bid and proposal costs unless they are incorporated into a federally approved indirect cost rate (e.g., payments to any organization or person retained to help prepare a proposal). E:\FR\FM\15JYN1.SGM 15JYN1 mstockstill on PROD1PC66 with NOTICES 40510 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices b. Construction costs for new buildings or extensive renovations of existing laboratory buildings. However, costs for the construction of experimental research and development facilities to be located within a new or existing building are allowable provided the equipment or facilities are essential for carrying out the proposed project and are approved by the NIST Grants Officer. These types of facility costs may need to be prorated if they will not be used exclusively for the research activities proposed. c. Contractor office supplies and contractor expenses for conferences/ workshops. d. Contracts to another part of the same company or to another company with identical or nearly identical ownership. Work proposed by another part of the same company or by another company with identical or nearly identical ownership should be shown as funded through inter-organizational transfers that do not contain profit. Inter-organizational transfers should be broken down in the appropriate budget categories. e. For research involving human and/ or animal subjects, any costs used to secure Institutional Review Board or Institutional Animal Care and Use Committee approvals before or during the award. f. General purpose office equipment and supplies that are not used exclusively for the research, e.g., office computers, printers, copiers, paper, pens, and toner cartridges. g. Indirect costs, which must be absorbed by the recipient. However, indirect costs are allowable for contractors under a single company or joint venture. (Note that indirect costs absorbed by the recipient may be used to meet the cost-sharing requirement.) h. Marketing, sales, or commercialization costs, including marketing surveys, commercialization studies, and general business planning, unless they are included in a federally approved indirect cost rate. i. Office furniture costs, unless they are included in a federally approved indirect cost rate. j. Patent costs and legal fees, unless they are included in a federally approved indirect cost rate. k. Preaward costs. l. Profit, management fees, interest on borrowed funds, or facilities capital cost of money. However, profit is allowable for contractors under a single company or joint venture. m. Relocation costs, unless they are included in a federally approved indirect cost rate. VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 n. Tuition costs. However, an institution of higher education participating in a TIP project as a contractor or as a joint venture member or lead may charge TIP for tuition remission or other forms of compensation in lieu of wages paid to students working on TIP projects, but only as provided in OMB Circular A–21, Section J.41. In such cases, tuition remission would be considered a cash contribution rather than an in-kind contribution. Intellectual Property Requirements. For single company award recipients, pursuant to the Bayh-Dole Act (35 U.S.C. 202 (a) and (b)) and ‘‘Memorandum to the Heads of Executive Departments and Agencies: Government Patent Policy’’ (February 18, 1983), the entity that invents owns the invention. However, pursuant to 35 U.S.C. 202(a)(i), when a single company or its contractor under a TIP award is not located in the United States or does not have a place of business located in the United States or is subject to the control of a foreign government, NIST will require that title to inventions made by such parties be transferred to a United States entity that will ensure the commercialization of the technology in a timely fashion. For joint ventures, ownership of inventions arising from a TIP-funded project may vest in any participant in a joint venture, as agreed by the members of the joint venture (notwithstanding 35 U.S.C. 202 (a) and (b)). (Participant includes any entity that is identified as a recipient, subrecipient, or contractor on an award to a joint venture.) Title to any such invention shall not be transferred or passed, except to a participant in the joint venture, until the expiration of the first patent obtained in connection with such invention. Should the last existing participant in a joint venture cease to exist prior to the expiration of the first patent obtained in connection with any invention developed from assistance provided under TIP, title to such patent must be transferred or passed to a U.S. entity that can commercialize the technology in a timely fashion. The United States reserves a nonexclusive, nontransferable, irrevocable paid-up license, to practice or have practiced for or on behalf of the United States any inventions developed from a TIP award. The federal government shall not in the exercise of such license publicly disclose proprietary information related to the license. This does not prohibit the licensing to any company of intellectual property rights arising from a TIPfunded project. (15 CFR 296.11(b)(3)). PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 The federal government also has marchin rights in accordance with 37 CFR 401.6. Projects Involving Human Subjects. Research involving human subjects must be in compliance with applicable Federal regulations and NIST policies for the protection of human subjects. Human subjects research activities involve interactions with live human subjects or the use of data, images, tissue, and/or cells/cell lines (including those used for control purposes) from human subjects. Research involving human subjects may include activities such as the use of image and/or audio recording of people, taking surveys or using survey data, using databases containing personal information, testing software with volunteers, and many tasks beyond those within traditional biomedical research. A Human Subjects Determination Checklist is included in the June 2008 TIP Proposal Preparation Kit in Chapter 4 (https://www.nist.gov/ tip/helpful.html) to assist you in determining whether your proposed research plan has human subjects involvement, which would require additional information in your proposal submission, and possibly more documentation during the Evaluation Panel’s consideration of your proposal. See the TIP Guidelines and Documentation Requirements for Research Involving Human & Animal Subjects for more specific information on documentation requirements and due dates for documentation located at https://www.nist.gov/tip/helpful.html or by calling 1–888–847–6478. Projects Involving Live Vertebrate Animals. Research involving live vertebrate animals must be in compliance with applicable federal regulations and NIST policies for the protection of live vertebrate animals. Vertebrate animal research involves live animals that are being cared for, euthanized, or used by the project participants to accomplish research goals or for teaching or testing. The regulations do not apply to animal tissues purchased from commercial processors or tissue banks or to uses of preexisting images of animals (e.g., a wildlife documentary or pictures of animals in newscasts). The regulations do apply to any animals that are transported, cared for, euthanized or used by a project participant for testing, research, or training such as testing of new procedures or projects, collection of biological samples or observation data on health and behavior. Detailed information regarding the use of live vertebrate animals in research plans and required documentation is available in the TIP Guidelines and Documentation E:\FR\FM\15JYN1.SGM 15JYN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices Requirements for Research Involving Human & Animal Subjects located at https://www.nist.gov/tip/helpful.html or by calling 1–888–847–6478. Executive Order 12372 (Intergovernmental Review of Federal Programs). Proposals under this program are not subject to Executive Order 12372. Administrative Procedure Act and Regulatory Flexibility Act. Prior 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)). Because prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. E.O. 13132 (Federalism). This notice does not contain policies with Federalism implications as defined in Executive Order 13132. E.O. 12866 (Regulatory Planning and Review). This notice is not a significant regulatory action under Sections 3(f)(3) and 3(f)(4) of Executive Order 12866, as it does not materially alter the budgetary impact of a grant program and does not raise novel policy issues. This notice is not an ‘‘economically significant’’ regulatory action under Section 3(f)(1) of the Executive Order, as it does not have an effect on the economy of $100 million or more in any one year, and it does not have a material adverse effect on the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. Paperwork Reduction Act. Notwithstanding any other provision of the law, no person is required to, nor shall any person be subject to penalty for failure to, comply with a collection of information, subject to the requirements of the Paperwork Reduction Act (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This notice contains collection-ofinformation requirements subject to the PRA. The use of Form NIST–1022, Standard Form–424 (R&R), SF–424B, SF–LLL, Research and Related Other Project Information Form, and CD–346 has been approved by OMB under the respective control numbers 0693–0050, 4040–0001, 4040–0007, 0348–0046, 4040–0001, and 0605–0001. Administrative and National Policy Requirements. Department of Commerce Pre-Award Notification Requirements VerDate Aug<31>2005 15:01 Jul 14, 2008 Jkt 214001 for Grants and Cooperative Agreements, 73 FR 7696–05 (Feb. 11, 2008), apply to this solicitation. Dated: July 9, 2008. James M. Turner, Deputy Director. [FR Doc. E8–16068 Filed 7–14–08; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XJ03 Gulf of Mexico Fishery Management Council (Council); Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. AGENCY: 40511 regarding any fishery issue of concern. People wishing to speak before the Council should complete a public comment card prior to the comment period. 1:30 p.m. - 5:30 p.m. - The Council will continue to review and discuss reports from the committee meetings as follows: Reef Fish Management; Joint Stone Crab/Spiny Lobster; Joint Reef Fish/Mackerel/Red Drum; Marine Reserves; and Administrative Policy. Friday, August 15, 2008 The Council will continue to review and discuss reports from the committee meetings as follows: 8:30 a.m. - 9:30 a.m. - The Shrimp Management; Data Collection; Sustainable Fisheries/Ecosystem. 9:30 a.m. - 10:30 a.m. - Other Business items and the election of the Chairman and Vice Chairman. The Council will conclude its meeting at approximately 10:30 a.m. SUMMARY: The Gulf of Mexico Fishery Management Council will convene public meetings. DATES: The meetings will be held August 11 - 15, 2008. ADDRESSES: The meetings will be held at the Hilton Key Largo, 97000 S. Overseas Hwy., Key Largo, FL 33037. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Richard Leard, Deputy Executive Director, Gulf of Mexico Fishery Management Council; telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: Committees Council 8:30 a.m. - 9:30 a.m. - The Reef Fish Management Committee will continue. 9:30 a.m. - 12 p.m. - The Administrative Policy Committee will meet to discuss Scientific and Statistical Committee (SSC) Comments on annual catch limit (ACL) and accountability measure (AM) Guidelines and Revised Statement of Organization Practices and Procedures (SOPP’s). 1:30 p.m. - 3:30 p.m. - The Ad Hoc Allocation Committee will meet to discuss Fishing Communities and Social Aspects of Allocation; FMP Objectives; Net Benefits and Allocation; Landings, Total Allowable Catch (TAC) and Allocation Changes by Sector; Draft Allocation Principles and any Recommendations to the Council. 3:30 p.m. - 4:30 p.m. - The Stone Crab/Spiny Lobster Committee will meet to discuss the Final Amendment 8 to the Spiny Lobster FMP; Public Hearing Comments; Spiny Lobster AP Wednesday, August 13, 2008 3:30 p.m. - The Council meeting will begin with a review of the agenda and minutes. The Council will review and discuss reports from the previous two days’ committee meetings as follows: 3:45 p.m. - 5:30 p.m. - Ad Hoc Allocation. 6 p.m. - 7 p.m. - There will be an Open Public Question and Answer Session. Thursday, August 14, 2008 8:30 a.m. - 12 noon - The Council will receive public testimony on exempted fishing permits (EFPs), if any; Final Reef Fish Amendment 30B; Final Amendment 8 to the Joint Spiny Lobster Fishery Management Plan (FMP). Following testimony, the Council will hold an Open Public Comment Period PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Monday, August 11, 2008 9 a.m. - 12 p.m. & 1:30 p.m. - 5:30 p.m. - The Reef Fish Management Committee will meet to discuss Final Reef Fish Amendment 30B; Reef Fish Amendment 29; Southeast Data and Review (SEDAR) Terms of Reference (TOR) for Black Grouper; SEDAR TOR for stock Assessment Updates for Red Snapper, Gag, and Red Grouper; and Ad Hoc Recreational Red Snapper Advisory Panel (AP) Recommendations. The Council will also receive a document on changes in effort and fuel prices in the Gulf. Tuesday, August 12, 2008 E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40507-40511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16068]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket No.: 080626784-8786-01]
RIN 0693-ZA82


Technology Innovation Program (TIP) Notice of Availability of 
Funds and Announcement of Public Meetings (Proposers' Conferences)

AGENCY: National Institute of Standards and Technology (NIST), 
Department of Commerce.

ACTION: Notice.

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SUMMARY: The National Institute of Standards and Technology's (NIST) 
Technology Innovation Program (TIP) announces that it will hold a 
single fiscal year 2008 competition and is soliciting high-risk, high-
reward research and development proposals for financial assistance. TIP 
also announces that it will hold public meetings (Proposers' 
Conferences) for all interested parties. TIP is soliciting proposals 
under this fiscal year 2008 competition in one area of critical 
national need entitled ``Civil Infrastructure'' as described in the 
Program Description section below.

DATES: The due date for submission of proposals is 3 p.m. Eastern Time, 
Thursday, September 4, 2008. This deadline applies to any mode of 
proposal submission, including hand-delivery, courier, express mailing, 
and electronic. Do not wait until the last minute to submit a proposal. 
TIP will not make any allowances for late submissions, including 
incomplete Grants.gov registration or delays by guaranteed overnight 
couriers. To avoid any potential processing backlogs due to last minute 
registrations, proposers are strongly encouraged to start their 
Grants.gov registration process at least four weeks prior to the 
proposal submission due date. Review, selection, and award processing 
is expected to be completed by the end of November 2008.

ADDRESSES: Proposals must be submitted to TIP as follows:
    Paper submission: Send to National Institute of Standards and 
Technology, Technology Innovation Program, 100 Bureau Drive, Stop 4701, 
Gaithersburg, MD 20899-4701.
    Electronic submission: https://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Barbara Lambis at 301-975-4447 or by 
e-mail at barbara.lambis@nist.gov.

SUPPLEMENTARY INFORMATION:
    Additional Information. The full Federal Funding Opportunity (FFO) 
announcement for this request for proposals is available at https://
www.grants.gov. The full FFO announcement text can also be accessed on 
the TIP Web site at https://www.nist.gov/tip/helpful.html. The June 2008 
Technology Innovation Program Proposal Preparation Kit is also 
available at https://www.nist.gov/tip/helpful.html. The TIP Proposal 
Preparation Kit must be used to prepare a TIP proposal. The TIP 
implementing regulations are published at 15 CFR Part 296, 73 FR 35,913 
(June 25, 2008), and included in the TIP Proposal Preparation Kit as 
Appendix B.
    Public Meetings (Proposers' Conferences). TIP is holding public 
meetings (Proposers' Conferences) at several locations around the 
country. Proposers' conferences will provide general information 
regarding TIP, guidance on preparing proposals, and the opportunity for 
questions and answers. Proprietary technical discussions about specific 
project ideas with NIST staff are not permitted at these conferences or 
at any time before submitting the proposal to TIP. Therefore, you 
should not expect to have proprietary issues addressed at proposers' 
conferences. Also, NIST/TIP staff will not critique or provide feedback 
on project ideas while they are being developed by a proposer. However, 
NIST/TIP staff will answer questions about the TIP eligibility and 
cost-sharing requirements, evaluation and award criteria, selection 
process, and the general characteristics of a competitive TIP proposal 
at the proposers' conferences and by phone and e-mail. Attendance at 
TIP proposers' conferences is not required.
    TIP Proposers' Conferences are being held at the following dates, 
times, and locations:
    July 16, 2008, 9 a.m.-1 p.m. Central Time: St. Louis Airport 
Marriott, 10700 Pear Tree Lane, St. Louis, MO (314-253-5121).
    July 16, 2008, 9 a.m.-1 p.m. Central Time: Renaissance Houston, 6 
Greenway Plaza, East Houston, TX (713-850-2310).
    July 17, 2008, 9 a.m.-1 p.m. Eastern Time: Holiday Inn Atlanta 
Airport North, 1380 Virginia Avenue, Atlanta, GA (404-838-0029).
    July 17, 2008, 9 a.m.-1 p.m. Pacific Time: Holiday Inn Portland 
Airport, 8439 North East Columbia Boulevard, Portland, OR (503-914-
5253).
    July 18, 2008, 9 a.m.-1 p.m. Pacific Time: Doubletree San Jose, 
2050 Gateway Place, San Jose, CA (408-437-2124).
    July 21, 2008, 1 p.m.-5 p.m. Eastern Time: Boston Courtyard 
Downtown, 275 Tremont Street, Boston, MA (781-537-5594).
    July 22, 2008, 9 a.m.-1 p.m. Eastern Time: NIST Red Auditorium, 100 
Bureau Drive, Gaithersburg, MD (301-975-8910). Pre-registration is 
required by 5 p.m. Eastern Time on July 16, 2008 for the Proposers' 
Conference being held at NIST Gaithersburg, MD only. Due to increased 
security at NIST, no on-site registrations will be accepted and all 
attendees must be pre-registered. Photo identification must be 
presented at the NIST main gate to be admitted to the July 17, 2008 
conference. Attendees must wear their conference badge at all times 
while on the NIST campus. Same day registration will be allowed at the

[[Page 40508]]

other locations. Electronic Registration: At https://www.nist.gov/
public_affairs/confpage/080722.htm.
    No registration fee will be charged for any of the Proposers' 
Conferences. Presentation materials from Proposers' Conferences will be 
made available on the TIP Web site.
    Statutory Authority. Section 3012 of the America Creating 
Opportunities to Meaningfully Promote Excellence in Technology, 
Education, and Science (COMPETES) Act, Pub. L. 110-69 (August 9, 2007), 
15 U.S.C.A. 278n (2008).
    CFDA. 11.613, Technology Innovation Program
    Program Description. TIP is soliciting proposals under this fiscal 
year 2008 competition in one area of critical nation need entitled 
``Civil Infrastructure'' as described below. The objective of this area 
of critical national need is to address two elements of a Civil 
Infrastructure Structural Integrity societal challenge. The two 
elements are inspection and monitoring of the United States' Civil 
Infrastructure Structural Integrity as outlined in the white paper 
``Advanced Sensing Technologies for the Infrastructure: Roads, 
Highways, Bridges and Water Systems'' (https://www.nist.gov/tip/
helpful.html).
    The solutions to this societal challenge require advancement beyond 
the state-of-the-art of sensing technologies that will assess the 
structural integrity and/or deterioration processes of bridges, roads, 
water mains, and wastewater collection systems, that are more accurate, 
easier to use, and more economically feasible. The need for advanced 
sensing technologies is of national importance because nearly all 
municipalities and states in the nation face infrastructure management 
challenges. The need for TIP's investment is justified because portions 
of infrastructure are reaching the end of their life spans and there 
are few cost effective technical means to monitor infrastructure 
integrity and to prioritize the renovation and replacement of 
infrastructure elements. Transformational research beyond incremental 
advancements is required to achieve the objectives for this area of 
critical national need. Incremental improvements of current 
technologies will not meet the challenges of providing cost-effective, 
widely deployable solutions to the problems of sensing structural 
integrities and/or deterioration processes widely across infrastructure 
systems.
    Proposals are being sought to create and validate new advanced, 
robust, network capable, nondestructive evaluation and test sensing 
systems, or system components, to cost effectively and quantitatively 
inspect and evaluate the structural integrity of the civil 
infrastructure.
    The targeted system should be capable of, but not limited to, 
detection of corrosion, cracking, and delamination or failure of 
critical infrastructure elements and the materials of which they are 
made.
    Solutions are needed for improved inspection systems for roads, 
highways, bridges, drinking and wastewater systems that provide real-
time understanding of the integrity and service life through the use of 
portable, mobile or remote sensing capabilities.
    Innovations are being sought in all aspects of a system to provide 
an advanced, cost effective, networked system, either fixed or mobile, 
that is easily deployable, self powered, and self monitoring. A 
complete system could include all system components, hardware, and 
software.
    Proposals that include validation by potential end users will be 
considered as having strong potential.
    Also within scope are:
    a. Systems that provide new and advanced methodologies for the 
detection of fluid leaks from water piping systems; and
    b. Single components of a system solution that include a 
demonstration of the component in a system setting.
    Ineligible projects under this competition are:
    a. Advancements in a system component without a prototype 
demonstrating that the component is functional within a system 
solution, as part of the proposed technical plan;
    b. Integration projects using only existing state-of-the-art 
components;
    c. Straightforward improvements to existing components without the 
potential for a transformational increase in performance to the 
technical requirements; and
    d. Software development that is predominantly straightforward, 
routine data gathering using applications of standard software 
development practices.
    In addition to the competition-specific ineligible projects, the 
following are ineligible projects:
    a. Straightforward improvements of existing products or product 
development.
    b. Projects that are Phase II, III, or IV clinical trials. TIP will 
rarely fund Phase I clinical trials and reserves the right not to fund 
a Phase I clinical trial. The portion of a Phase I trial that may be 
funded must be critical to meeting Evaluation Criterion (a)(1) 
addressing the scientific and technical merit of the proposal. The 
trial results must be essential for completion of a critical R&D task 
of the project. The definitions of all phases of clinical trials are 
provided in the TIP Guidelines and Documentation Requirements for 
Research Involving Human & Animal Subjects located at https://
www.nist.gov/tip/helpful.html.
    c. Pre-commercial-scale demonstration projects where the emphasis 
is on demonstrating that some technology works on a large scale or is 
economically sound rather than on R&D that advances the state of the 
art and is high-risk, high-reward.
    d. Projects that TIP determines would likely be completed without 
TIP funds in the same time frame or nearly the same time frame, or with 
the same scale or scope.
    e. Predominantly straightforward, routine data gathering (e.g., 
creation of voluntary consensus standards, data gathering/handbook 
preparation, testing of materials, or unbounded research aimed at basic 
discovery science) or application of standard engineering practices.
    f. Projects in which the predominant risk is market oriented--that 
is, the risk that the end product may not be embraced by the 
marketplace.
    g. Projects with software work, that are predominantly about final 
product details and product development, and that have significant 
testing involving users outside the research team to determine if the 
software meets the original research objectives, are likely to be 
either uncompetitive or possibly ineligible for funding. However, R&D 
projects with limited software testing, involving users outside of the 
research team, may be eligible for funding and contain eligible costs 
within a TIP award when the testing is critical to meeting Evaluation 
Criteria and/or Award Criteria and the testing results are essential 
for completion of a critical task in the proposed research. This type 
of testing in projects may also be considered to involve human subjects 
in research.
    Funding Availability. Fiscal year 2008 appropriations include funds 
in the amount of approximately $9 million for new TIP awards. 
Approximately 9 awards are anticipated. The anticipated start date is 
January 1, 2009. The period of performance depends on the R&D activity 
proposed. A single company can receive up to a total of $3 million with 
a project period of performance of up to 3 years. A joint venture can 
receive up to a total of $9 million with a project period of 
performance of up to 5 years. Continuation funding is based on 
satisfactory performance, availability

[[Page 40509]]

of funds, continued relevance to program objectives, and is at the sole 
discretion of NIST.
    Eligibility Criteria. Single companies and joint ventures may apply 
for TIP funding as provided in 15 CFR 296.2, 296.4, and 296.5.
    Cost Sharing Requirements. At least 50 percent of the yearly total 
project costs (direct plus all of the indirect costs).
    Evaluation and Award Criteria. Proposals are selected for funding 
based on the evaluation criteria listed in 15 CFR 296.21 and the award 
criteria listed in 15 CFR 296.22 as identified below. Additionally, no 
proposal will be funded unless TIP determines that it has scientific 
and technical merit and that the proposed research has strong potential 
for addressing a societal challenge within the TIP-identified area of 
critical national need as described in this notice. Detailed guidance 
on how to address the evaluation and award criteria is provided in 
Chapter 2 of the TIP Proposal Preparation Kit, which is available at 
https://www.nist.gov/tip/helpful.html.
    Evaluation Criteria. The two components of the evaluation criteria 
and respective weights as listed in 15 CFR 296.21 are as follows:
    (a)(1) The proposer(s) adequately addresses the scientific and 
technical merit and how the research may result in intellectual 
property vesting in a United States entity including evidence that:
    (i) The proposed research is novel;
    (ii) The proposed research is high-risk, high-reward;
    (iii) The proposer(s) demonstrates a high level of relevant 
scientific/technical expertise for key personnel, including contractors 
and/or informal collaborators, and has access to the necessary 
resources, for example research facilities, equipment, materials, and 
data, to conduct the research as proposed;
    (iv) The research result(s) has the potential to address the 
technical needs associated with a major societal challenge not 
currently being addressed; and
    (v) The proposed research plan is scientifically sound with tasks, 
milestones, timeline, decision points and alternate strategies.
    (2) Total weight of (a)(1)(i) through (v) is 50%.
    (b)(1) The proposer(s) adequately establishes that the proposed 
research has strong potential for advancing the state-of-the-art and 
contributing significantly to the United States science and technology 
knowledge base and to address areas of critical national need through 
transforming the Nation's capacity to deal with a major societal 
challenge(s) that is not currently being addressed, and generate 
substantial benefits to the Nation that extend significantly beyond the 
direct return to the proposer including an explanation in the proposal:
    (i) Of the potential magnitude of transformational results upon the 
Nation's capabilities in an area;
    (ii) Of how and when the ensuing transformational results will be 
useful to the Nation; and
    (iii) Of the capacity and commitment of each award participant to 
enable or advance the transformation to the proposed research results 
(technology).
    (2) Total weight of (b)(1)(i) through (iii) is 50%.
    Award Criteria. The six components of the award criteria as listed 
in 15 CFR Sec.  296.22 are as follows:
    (a) The proposal explains why TIP support is necessary, including 
evidence that the research will not be conducted within a reasonable 
time period in the absence of financial assistance from TIP;
    (b) The proposal demonstrates that reasonable and thorough efforts 
have been made to secure funding from alternative funding sources and 
no other alternative funding sources are reasonably available to 
support the proposal;
    (c) The proposal explains the novelty of the research (technology) 
and demonstrates that other entities have not already developed, 
commercialized, marketed, distributed, or sold similar research results 
(technologies);
    (d) The proposal has scientific and technical merit and may result 
in intellectual property vesting in a United States entity that can 
commercialize the technology in a timely manner; and
    (e) The proposal establishes that the research has strong potential 
for advancing the state-of-the-art and contributing significantly to 
the United States science and technology knowledge base; and
    (f) The proposal establishes that the proposed transformational 
research (technology) has strong potential to address areas of critical 
national need through transforming the Nation's capacity to deal with 
major societal challenges that are not currently being addressed, and 
generate substantial benefits to the Nation that extend significantly 
beyond the direct return to the proposer.
    NIST must determine that a proposal successfully meets all six 
award criteria for the proposal to receive funding under the Program.
    Selection Factors. In making final selections, the Selecting 
Official will select funding recipients based upon the Evaluation 
Panel's rank order of the proposals and the following selection 
factors:
    a. Assuring an appropriate distribution of funds among technologies 
and their applications,
    b. Availability of funds, and/or
    c. Program priorities.
    Program Priorities. TIP is soliciting proposals under this fiscal 
year 2008 competition in one area of critical nation need entitled 
``Civil Infrastructure'' as described in the Program Description 
section above.
    Selection Procedures. Proposals are selected based on a multi-
disciplinary peer-review process, as described in 15 CFR 296.20. A 
preliminary review is conducted to determine if the proposal is in 
accordance with 15 CFR 296.3, complies with the eligibility 
requirements described in 15 CFR 296.5, addresses award criteria (a) 
through (c) of 15 CFR 296.22, and is complete. Proposals that are 
incomplete or do not meet any one of the preliminary review 
requirements will normally be eliminated. All remaining proposals are 
then carefully reviewed based on the TIP evaluation criteria listed in 
15 CFR 296.21 and award criteria listed in 15 CFR 296.22. An Evaluation 
Panel will present funding recommendations to a Selecting Official in 
rank order for further consideration. The Selecting Official makes the 
final selections for funding. The selection of proposals by the 
Selecting Official is final and cannot be appealed. The final approval 
of selected proposals and award of assistance will be made by the NIST 
Grants Officer. The award decision of the NIST Grants Officer is final 
and cannot be appealed.
    NIST reserves the right to negotiate the cost and scope of the 
proposed work with the proposers that have been selected to receive 
awards. This may include requesting that the proposer delete from the 
scope of work a particular task that is deemed by NIST to be 
inappropriate for support. NIST also reserves the right to reject a 
proposal where information exists that raises a reasonable doubt as to 
the responsibility of the proposer.
    Unallowable/Ineligible Costs. The following items, regardless of 
whether they are allowable under the federal cost principles, are 
ineligible/unallowable under TIP:
    a. Bid and proposal costs unless they are incorporated into a 
federally approved indirect cost rate (e.g., payments to any 
organization or person retained to help prepare a proposal).

[[Page 40510]]

    b. Construction costs for new buildings or extensive renovations of 
existing laboratory buildings. However, costs for the construction of 
experimental research and development facilities to be located within a 
new or existing building are allowable provided the equipment or 
facilities are essential for carrying out the proposed project and are 
approved by the NIST Grants Officer. These types of facility costs may 
need to be prorated if they will not be used exclusively for the 
research activities proposed.
    c. Contractor office supplies and contractor expenses for 
conferences/workshops.
    d. Contracts to another part of the same company or to another 
company with identical or nearly identical ownership. Work proposed by 
another part of the same company or by another company with identical 
or nearly identical ownership should be shown as funded through inter-
organizational transfers that do not contain profit. Inter-
organizational transfers should be broken down in the appropriate 
budget categories.
    e. For research involving human and/or animal subjects, any costs 
used to secure Institutional Review Board or Institutional Animal Care 
and Use Committee approvals before or during the award.
    f. General purpose office equipment and supplies that are not used 
exclusively for the research, e.g., office computers, printers, 
copiers, paper, pens, and toner cartridges.
    g. Indirect costs, which must be absorbed by the recipient. 
However, indirect costs are allowable for contractors under a single 
company or joint venture. (Note that indirect costs absorbed by the 
recipient may be used to meet the cost-sharing requirement.)
    h. Marketing, sales, or commercialization costs, including 
marketing surveys, commercialization studies, and general business 
planning, unless they are included in a federally approved indirect 
cost rate.
    i. Office furniture costs, unless they are included in a federally 
approved indirect cost rate.
    j. Patent costs and legal fees, unless they are included in a 
federally approved indirect cost rate.
    k. Preaward costs.
    l. Profit, management fees, interest on borrowed funds, or 
facilities capital cost of money. However, profit is allowable for 
contractors under a single company or joint venture.
    m. Relocation costs, unless they are included in a federally 
approved indirect cost rate.
    n. Tuition costs. However, an institution of higher education 
participating in a TIP project as a contractor or as a joint venture 
member or lead may charge TIP for tuition remission or other forms of 
compensation in lieu of wages paid to students working on TIP projects, 
but only as provided in OMB Circular A-21, Section J.41. In such cases, 
tuition remission would be considered a cash contribution rather than 
an in-kind contribution.
    Intellectual Property Requirements. For single company award 
recipients, pursuant to the Bayh-Dole Act (35 U.S.C. 202 (a) and (b)) 
and ``Memorandum to the Heads of Executive Departments and Agencies: 
Government Patent Policy'' (February 18, 1983), the entity that invents 
owns the invention. However, pursuant to 35 U.S.C. 202(a)(i), when a 
single company or its contractor under a TIP award is not located in 
the United States or does not have a place of business located in the 
United States or is subject to the control of a foreign government, 
NIST will require that title to inventions made by such parties be 
transferred to a United States entity that will ensure the 
commercialization of the technology in a timely fashion.
    For joint ventures, ownership of inventions arising from a TIP-
funded project may vest in any participant in a joint venture, as 
agreed by the members of the joint venture (notwithstanding 35 U.S.C. 
202 (a) and (b)). (Participant includes any entity that is identified 
as a recipient, subrecipient, or contractor on an award to a joint 
venture.)
    Title to any such invention shall not be transferred or passed, 
except to a participant in the joint venture, until the expiration of 
the first patent obtained in connection with such invention. Should the 
last existing participant in a joint venture cease to exist prior to 
the expiration of the first patent obtained in connection with any 
invention developed from assistance provided under TIP, title to such 
patent must be transferred or passed to a U.S. entity that can 
commercialize the technology in a timely fashion.
    The United States reserves a nonexclusive, nontransferable, 
irrevocable paid-up license, to practice or have practiced for or on 
behalf of the United States any inventions developed from a TIP award. 
The federal government shall not in the exercise of such license 
publicly disclose proprietary information related to the license. This 
does not prohibit the licensing to any company of intellectual property 
rights arising from a TIP-funded project. (15 CFR 296.11(b)(3)). The 
federal government also has march-in rights in accordance with 37 CFR 
401.6.
    Projects Involving Human Subjects. Research involving human 
subjects must be in compliance with applicable Federal regulations and 
NIST policies for the protection of human subjects. Human subjects 
research activities involve interactions with live human subjects or 
the use of data, images, tissue, and/or cells/cell lines (including 
those used for control purposes) from human subjects. Research 
involving human subjects may include activities such as the use of 
image and/or audio recording of people, taking surveys or using survey 
data, using databases containing personal information, testing software 
with volunteers, and many tasks beyond those within traditional 
biomedical research. A Human Subjects Determination Checklist is 
included in the June 2008 TIP Proposal Preparation Kit in Chapter 4 
(https://www.nist.gov/tip/helpful.html) to assist you in determining 
whether your proposed research plan has human subjects involvement, 
which would require additional information in your proposal submission, 
and possibly more documentation during the Evaluation Panel's 
consideration of your proposal. See the TIP Guidelines and 
Documentation Requirements for Research Involving Human & Animal 
Subjects for more specific information on documentation requirements 
and due dates for documentation located at https://www.nist.gov/tip/
helpful.html or by calling 1-888-847-6478.
    Projects Involving Live Vertebrate Animals. Research involving live 
vertebrate animals must be in compliance with applicable federal 
regulations and NIST policies for the protection of live vertebrate 
animals. Vertebrate animal research involves live animals that are 
being cared for, euthanized, or used by the project participants to 
accomplish research goals or for teaching or testing. The regulations 
do not apply to animal tissues purchased from commercial processors or 
tissue banks or to uses of preexisting images of animals (e.g., a 
wildlife documentary or pictures of animals in newscasts). The 
regulations do apply to any animals that are transported, cared for, 
euthanized or used by a project participant for testing, research, or 
training such as testing of new procedures or projects, collection of 
biological samples or observation data on health and behavior. Detailed 
information regarding the use of live vertebrate animals in research 
plans and required documentation is available in the TIP Guidelines and 
Documentation

[[Page 40511]]

Requirements for Research Involving Human & Animal Subjects located at 
https://www.nist.gov/tip/helpful.html or by calling 1-888-847-6478.
    Executive Order 12372 (Intergovernmental Review of Federal 
Programs). Proposals under this program are not subject to Executive 
Order 12372.
    Administrative Procedure Act and Regulatory Flexibility Act. Prior 
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)). Because prior notice and an opportunity 
for public comment are not required pursuant to 5 U.S.C. 553 or any 
other law, the analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. et seq.) are inapplicable. Therefore, a regulatory 
flexibility analysis is not required and has not been prepared.
    E.O. 13132 (Federalism). This notice does not contain policies with 
Federalism implications as defined in Executive Order 13132.
    E.O. 12866 (Regulatory Planning and Review). This notice is not a 
significant regulatory action under Sections 3(f)(3) and 3(f)(4) of 
Executive Order 12866, as it does not materially alter the budgetary 
impact of a grant program and does not raise novel policy issues. This 
notice is not an ``economically significant'' regulatory action under 
Section 3(f)(1) of the Executive Order, as it does not have an effect 
on the economy of $100 million or more in any one year, and it does not 
have a material adverse effect on the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities.
    Paperwork Reduction Act. Notwithstanding any other provision of the 
law, no person is required to, nor shall any person be subject to 
penalty for failure to, comply with a collection of information, 
subject to the requirements of the Paperwork Reduction Act (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This notice contains 
collection-of-information requirements subject to the PRA. The use of 
Form NIST-1022, Standard Form-424 (R&R), SF-424B, SF-LLL, Research and 
Related Other Project Information Form, and CD-346 has been approved by 
OMB under the respective control numbers 0693-0050, 4040-0001, 4040-
0007, 0348-0046, 4040-0001, and 0605-0001.
    Administrative and National Policy Requirements. Department of 
Commerce Pre-Award Notification Requirements for Grants and Cooperative 
Agreements, 73 FR 7696-05 (Feb. 11, 2008), apply to this solicitation.

    Dated: July 9, 2008.
James M. Turner,
Deputy Director.
[FR Doc. E8-16068 Filed 7-14-08; 8:45 am]
BILLING CODE 3510-13-P
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