Summer Undergraduate Research Fellowships (SURF) NIST Gaithersburg and Boulder Programs; Availability of Funds, 66291-66296 [E9-29823]

Agencies

• DEPARTMENT OF COMMERCE
• National Institute of Standards and Technology

[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66291-66296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29823]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number 0911121400-91403-01]


Summer Undergraduate Research Fellowships (SURF) NIST 
Gaithersburg and Boulder Programs; Availability of Funds

AGENCY: National Institute of Standards and Technology, Commerce.

ACTION: Notice.

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SUMMARY: The National Institute of Standards and Technology (NIST) 
announces that the following programs are soliciting applications for 
financial assistance for FY 2010: (1) The NIST Gaithersburg Summer 
Undergraduate Research Fellowship Programs, and (2) the NIST Boulder 
Summer Undergraduate Research Fellowship Programs. Each program will 
only consider applications that are within the scientific scope of the 
program as described in this notice and in the detailed program 
descriptions found in the Federal Funding Opportunity (FFO) 
announcement for these programs.

DATES: See below.

ADDRESSES: See below.

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

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

    Program Description: The SURF NIST Gaithersburg Programs are 
soliciting applications in the areas of Electronics and Electrical 
Engineering, Manufacturing Engineering, Nanoscale Science and 
Technology, Chemical Science and Technology, Physics, Materials Science 
and Engineering/Neutron Research, Building and Fire Research, and 
Information Technology as described in the Federal Funding Opportunity.

[[Page 66292]]

    The SURF NIST Boulder Programs are soliciting applications in the 
areas of Electronics and Electrical Engineering, Chemical Science and 
Technology, Physics, Materials Science and Engineering, and Information 
Technology as described in the Federal Funding Opportunity.
    Applications for the Gaithersburg and Boulder programs are 
separate. Application to one program does not constitute application to 
the other, and applications will not be exchanged between the 
Gaithersburg and Boulder programs. If applicants wish to be considered 
at both sites, two separate applications must be submitted.
    Both SURF programs provide an opportunity for the NIST laboratories 
and the National Science Foundation (NSF) to join in a partnership to 
encourage outstanding undergraduate students to pursue careers in 
science and engineering. The programs provide research opportunities 
for students to work with internationally known NIST scientists, to 
expose them to cutting-edge research and promote the pursuit of 
graduate degrees in science and engineering.
    The SURF NIST Gaithersburg and Boulder Program Directors will work 
with appropriate department chairs, outreach coordinators, and 
directors of multi-disciplinary academic organizations to identify 
outstanding undergraduates (including graduating seniors) who would 
benefit from off-campus summer research in a world-class scientific 
environment.
    The objective of the SURF programs is to build a mutually 
beneficial relationship among the student, the institution, and NIST. 
NIST is one of the nation's premiere research institutions for the 
physical and engineering sciences and, as the lead Federal agency for 
technology transfer, it provides a strong interface between government, 
industry and academia. NIST's mission is to promote U.S. innovation and 
industrial competitiveness by advancing measurement science, standards, 
and technology in ways that enhance economic security and improve our 
quality of life. NIST embodies a science culture, developed from a 
large and well-equipped research staff that enthusiastically blends 
programs that address the immediate needs of industry with longer-term 
research that anticipates future needs. This occurs in few other places 
and enables the Electronics and Electrical Engineering Lab (EEEL), 
Manufacturing Engineering Lab (MEL), Center for Nanoscale Science and 
Technology (CNST), Chemical Science and Technology Lab (CSTL), Physics 
Lab (PL), Materials Science and Engineering Lab (MSEL)/NIST Center for 
Neutron Research (NCNR), Building and Fire Research Lab (BFRL), and 
Information Technology Lab (ITL) to offer unique research and training 
opportunities for undergraduates, providing them a research-rich 
environment and exposure to state of the art equipment.

EEEL, MEL, CNST, CSTL, PL, MSEL/NCNR, BFRL, and ITL SURF NIST 
Gaithersburg Programs

DATES: All SURF NIST Gaithersburg Program applications, paper and 
electronic, must be received no later than 5 p.m. Eastern Standard Time 
on February 16, 2010.

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

FOR FURTHER INFORMATION CONTACT: Program questions should be addressed 
to Ms. Anita Sweigert, Administrative Coordinator, SURF NIST 
Gaithersburg Programs, National Institute of Standards and Technology, 
100 Bureau Drive, Stop 8400, Gaithersburg, MD 20899-8400, Tel: (301) 
975-4200, E-mail: anita.sweigert@nist.gov. The SURF NIST Gaithersburg 
Program Web site is: https://www.surf.nist.gov/surf2.htm. All grants 
related administration questions concerning this program should be 
directed to Hope Snowden, NIST Grants and Agreements Management 
Division at (301) 975-6002 or hope.snowden@nist.gov, or for assistance 
with using Grants.gov contact support@grants.gov.

SUPPLEMENTARY INFORMATION:
    Electronic Access: NIST strongly encourages all applicants to read 
the Federal Funding Opportunity Notice (FFO) available at https://www.grants.gov for complete information about this program and its 
requirements, and instructions for applying by paper or electronically. 
A paper copy of the FFO may be obtained by calling (301) 975-6328. The 
Gaithersburg and Boulder SURF programs will publish separate FFOs on 
https://www.grants.gov.
    Funding Availability: Funds budgeted for payments to students under 
these programs are stipends, not salary. The stipend is an amount that 
is expected to be provided to the participating student to help defray 
the cost of living, for the duration of the program, in the Washington 
National Capital Region. The SURF NIST Gaithersburg Programs will not 
authorize funds for indirect costs or fringe benefits. The table below 
summarizes the anticipated annual funding levels from the NSF to 
operate our REU (Research Experience for Undergraduates) programs, 
subject to program renewals and availability of funds. In some 
programs, anticipated NIST co-funding will supplement the number of 
awards supported. Program funding will be available to provide for the 
costs of stipends ($409.09 per week per student), travel, and lodging 
(up to $3,400 per student).

----------------------------------------------------------------------------------------------------------------
                                                    Anticipated     Anticipated    Total program    Anticipated
                     Program                        NSF funding    NIST funding       funding      No. of awards
----------------------------------------------------------------------------------------------------------------
EEEL............................................         $72,960         $40,000        $112,960             ~13
MEL.............................................          87,000               0          87,000             ~10
CNST............................................          47,400               0          47,400              ~6
CSTL............................................               0         105,000         105,000             ~13
PL..............................................         116,000          65,000         181,000             ~22
MSEL/NCNR.......................................         130,000               0         130,000             ~16
BFRL............................................          81,000               0          81,000              ~9
ITL.............................................               0          40,000          40,000              ~5
----------------------------------------------------------------------------------------------------------------

    The actual number of awards made under this announcement will 
depend on the proposed budgets and the availability of funding. For all 
SURF NIST Gaithersburg Programs described in this notice, it is 
expected that awards to institutions will range from approximately 
$3,000 to $70,000. Funding for student housing will be included in 
cooperative agreements awarded as a result of this notice.

[[Page 66293]]

    The SURF NIST Gaithersburg Program is anticipated to run from May 
24, 2010 through August 6, 2010; adjustments may be made to accommodate 
specific academic schedules (e.g., a limited number of 9-week 
cooperative agreements may be shifted in order to accommodate 
institutions operating on quarter systems).
    Statutory Authority: The authority for the SURF NIST Gaithersburg 
Program is 15 U.S.C. 278g-l, which authorizes NIST to fund financial 
assistance awards to students at institutions of higher learning within 
the United States who show promise as present or future contributors to 
the mission of the Institute.
    Eligibility: NIST's SURF Gaithersburg Programs are open to colleges 
and universities in the United States and its territories with degree 
granting programs in materials science, chemistry, nanoscale science, 
neutron research, engineering, computer science, mathematics, or 
physics. Participating students must be U.S. citizens or permanent U.S. 
residents.
    Cost Sharing or Matching: The SURF NIST Gaithersburg Programs do 
not require any cost sharing or matching funds.
    Review and Selection Process: All SURF NIST Gaithersburg Program 
proposals must be submitted to the Administrative Coordinator listed in 
the ADDRESSES section above. Each proposal is examined for completeness 
and responsiveness. Incomplete or non-responsive proposals will not be 
considered for funding, and the applicant will be notified in writing. 
The Program will retain one copy of each non-responsive application for 
three years for record keeping purposes. The remaining copies will be 
destroyed. Proposals should include the required forms listed in the 
FFO. Proposals must also include the following information:
    (A) Student Information (student's name and university should 
appear on all of these documents):
    (1) Student application information cover sheet;
    (2) Academic transcript for each student nominated for 
participation (it is recommended that students have a G.P.A. of 3.0 or 
better, out of a possible 4.0);
    (3) A statement of motivation and commitment from each student to 
participate in the 2010 SURF program, including a description of the 
student's prioritized research interests;
    (4) A resume for each student;
    (5) Two letters of recommendation for each student that should 
address paragraph (A) of the evaluation criteria below; and
    (6) Copy of passport, green card, or birth certificate as 
confirmation of U.S. citizenship or permanent legal resident status for 
each student.
    (B) Information About the Applicant Institution:
    (1) Description of the institution's education and research 
programs; and
    (2) A summary list of the student(s) being nominated.
    Institution proposals will be separated into student/institution 
packets. Each student/institution packet will be comprised of the 
required application forms, including a complete copy of the student 
information and a complete copy of the institution information. The 
student/institution packets will be directed to the SURF NIST 
Gaithersburg Program designated by the student as his/her first choice.
    The selection process occurs in three rounds. Each SURF NIST 
Gaithersburg Program will have three independent, objective NIST 
employees, who are knowledgeable in the scientific areas of the 
program, conduct a technical review of each student/institution packet 
based on the Evaluation Criteria for the SURF NIST Gaithersburg 
Programs described in this notice. For the first round of evaluations 
and placement, each technical reviewer will evaluate according to the 
Evaluation Criteria listed below and provide a score for each student/
institution packet. Based on the average of the reviewers' scores, a 
rank order of the student/institution packets will be prepared within 
each laboratory.
    The SURF Program Director (Selecting Official) for each laboratory, 
who is a NIST program official who did not participate in the technical 
evaluations, will then apply the following Selection Factors, which may 
result in revisions to the rank order: relevance of the student's 
course of study to the program objectives of the NIST laboratory in 
which that SURF NIST Gaithersburg Program resides as described in the 
Program Description section of this notice and the corresponding 
Federal Funding Opportunity, the relevance of the student's statement 
of commitment to the goals of the SURF NIST Gaithersburg Program, fit 
of the student's interests and abilities to the available projects in 
that laboratory program, compatibility of the student with the research 
environment in that laboratory, assessment of whether the laboratory 
experience is a new opportunity for the student which may encourage 
future postgraduate training, and the availability of funding.
    Based on these results, the Program Director (Selecting Official) 
for each laboratory will divide the rank ordered student/institution 
packets into three categories: Priority Funding; Fund if Possible; and 
Do Not Fund. Student/institution packets placed in the Priority Funding 
category will be selected for funding in that SURF NIST Gaithersburg 
Program, contingent upon availability of funds. Student/institution 
packets placed in the Do Not Fund category will not be considered for 
funding by any other NIST laboratory.
    Student/institution packets placed in the Fund if Possible Category 
may be considered for funding at a later time by the category-
designating SURF Program (The ``category-designating'' program is that 
Laboratory Program whose Program Director first categorized the 
applicant packet as ``Priority Funding'', ``Fund if Possible'', or ``Do 
Not Fund.'' This is the same Laboratory Program which was designated by 
the student in the application cover sheet as his/her first choice); in 
the interim period these students will be released for consideration 
for funding by the SURF NIST Gaithersburg Program designated by the 
student as his/her second choice. The student's second choice 
laboratory's SURF Program Director will take into consideration the 
recommendations of the reviewers who conducted the technical reviews 
for the student's first choice SURF NIST Gaithersburg Program, apply 
the selection factors noted above as applied to that laboratory and 
arrive at a final rank order of the students available for the second 
round of selections and placements. Any SURF NIST Gaithersburg Program 
may choose not to participate in the second round, if the Program 
Director does not see suitable students in the second round appropriate 
for the available projects. Students not selected during the first or 
second round are available for the third round of selections.
    Students not selected for funding by their first or second choice 
SURF NIST Gaithersburg Program, and students who did not designate a 
second choice, will then be considered for funding from all SURF NIST 
Gaithersburg Programs that still have slots available in a third round, 
conducted using the same process as the second round. In making 
selections for the third round of selections and placement, each SURF 
NIST Gaithersburg Program Director (Selecting Official) will take into 
consideration the recommendations of the reviewers who conducted the 
technical reviews for the student's first choice SURF NIST Gaithersburg 
Program, the selection factors noted

[[Page 66294]]

above as applied to that laboratory and rank order the students in this 
selection round. Any SURF NIST Gaithersburg Program may choose not to 
participate in the third round if there are no slots available. 
Substitutions for students who decline offers will be made from the 
remaining pool of ranked students consistent with the program review 
process.
    The final approval of selected applications and award of 
cooperative agreements will be made by the NIST Grants Officer based on 
compliance with application requirements as published in this notice 
and other applicable legal and regulatory requirements. NIST also 
reserves the right to reject an application where information is 
uncovered that reflects adversely on an applicant's business integrity, 
resulting in a determination by the Grants Officer that an applicant is 
not presently responsible. Applicants may be asked to modify 
objectives, work plans, or budgets and provide supplemental information 
required by the agency prior to award. The decision of the Grants 
Officer is final.
    The SURF NIST Gaithersburg Programs will retain one copy of each 
unsuccessful application for three years for record keeping purposes, 
and unsuccessful applicants will be notified in writing. The remaining 
copies will be destroyed.
    Evaluation Criteria: For the SURF NIST Gaithersburg Programs, the 
evaluation criteria are:
    (A) Evaluation of Student's Interest in Participating in the 
Program, Academic Ability, Laboratory Experience and Advanced Degree 
Interest: Evaluation of completed course work, English proficiency, 
writing proficiency, safety consciousness, research skills, social 
skills, leadership potential, innovativeness, independence, honesty, 
grade point average in courses relevant to the SURF NIST Gaithersburg 
Programs, career goals, honors and awards, commitment of the student to 
working in a laboratory environment, and interest in pursuing graduate 
school.
    (B) Institution's Commitment to Program Goals: Evaluation of the 
institution's academic department(s) relevant to the discipline(s) of 
the student(s).
    Each of these factors is given equal weight in the evaluation 
process.

SURF NIST Boulder Programs

DATES: All SURF NIST Boulder Program applications, paper and 
electronic, must be received no later than 5 p.m. Mountain Standard 
Time on February 16, 2010.

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

FOR FURTHER INFORMATION CONTACT: Program questions should be addressed 
to Ms. Cynthia Kotary, Administrative Coordinator, SURF NIST Boulder 
Programs, National Institute of Standards and Technology, 325 Broadway, 
Mail Stop 104, Boulder, CO 80305-3337, Tel: (303) 497-3319, E-mail: 
kotary@boulder.nist.gov; Web site: https://www.nist.gov/surfboulder/. 
All grants related administration questions concerning this program 
should be directed to Hope Snowden, NIST Grants and Agreements 
Management Division at (301) 975-6002, or hope.snowden@nist.gov or for 
assistance with using Grants.gov contact support@grants.gov.

SUPPLEMENTARY INFORMATION:
    Electronic Access: NIST strongly encourages all applicants to read 
the Federal Funding Opportunity Notice (FFO) available at https://www.grants.gov for complete information about this program and its 
requirements, and instructions for applying by paper or electronically. 
A paper copy of the FFO may be obtained by calling (301) 975-6328. The 
Gaithersburg and Boulder SURF programs will publish separate FFOs on 
https://www.grants.gov.
    Funding Availability: Funds budgeted for payments to students under 
this program are stipends, not salaries. The SURF NIST Boulder Programs 
will not authorize funds for indirect costs or fringe benefits. The 
stipend of $8000 includes a fellowship of $4500 plus $3500 for all 
expenses associated with travel and subsistence. Once they receive 
their awards, college and university grant recipients are expected to 
provide the full stipend to participating students in one lump sum 
before May 24, 2009, the start of the SURF NIST Boulder Programs. NIST 
will disburse funds to college and university awardees via the 
Automated Standard Application for Payments (ASAP) system.
    The table below summarizes the anticipated funding from NSF and 
NIST to operate the SURF NIST Boulder Programs, broken out by 
Laboratory, subject to program approval and availability of NIST and/or 
NSF funding.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Anticipated
                   Laboratory                       Anticipated     Anticipated    Total program     number of
                                                    NSF funding    NIST funding       funding         awards
----------------------------------------------------------------------------------------------------------------
EEEL............................................         $40,000         $40,000         $80,000              10
PL..............................................          20,000          20,000          40,000               5
CSTL............................................           8,000           8,000          16,000               2
MSEL............................................          16,000          16,000          32,000               4
ITL.............................................           4,000           4,000           8,000               1
----------------------------------------------------------------------------------------------------------------

    The actual number of awards made under this announcement will 
depend on the proposed budgets and the availability of funding. For the 
SURF NIST Boulder Programs described in this notice, it is expected 
that awards to institutions will total $8000 multiplied by the number 
of participating students from that institution.
    The SURF NIST Boulder Programs are anticipated to run from May 24, 
2010 through August 6, 2010; adjustments may be made to accommodate 
specific academic schedules (e.g., some 11-week cooperative agreements 
may be shifted in order to accommodate institutions operating on 
quarter systems).
    Statutory Authority: The authority for the SURF NIST Boulder 
Program is 15 U.S.C. 278g-l, which authorizes NIST to fund financial 
assistance awards to students at institutions of higher learning within 
the United States who show promise as present or future contributors to 
the mission of the Institute.
    Eligibility: The SURF NIST Boulder Programs are open to colleges 
and universities in the United States and its territories with degree 
granting programs in materials science, chemistry, engineering, 
computer science, mathematics, or physics. Participating students must 
be U.S. citizens or permanent U.S. residents. The SURF NIST Boulder 
Programs focus

[[Page 66295]]

on undergraduate fellows. Graduating seniors are eligible to 
participate but the likelihood of funds for their possible 
participation is extremely limited. Up to approximately three such 
participants might be considered if funds become available. If so, NIST 
will give priority to previous SURF participants.
    Cost Sharing or Matching: The SURF NIST Boulder Program does not 
require any cost sharing or matching funds.
    Review and Selection Process: All SURF NIST Boulder Programs 
proposals must be submitted to the Administrative Coordinator listed in 
the Addresses section above. Proposals should include the required 
forms listed in the FFO. Proposals must also include the following 
information:
    (A) Student Information (student's name and university should 
appear on all of these documents):
    (1) Student application information cover sheet;
    (2) Academic transcript for each student nominated for 
participation (it is recommended that students have a G.P.A. of 3.0 or 
better, out of a possible 4.0);
    (3) A statement of motivation and commitment from each student to 
participate in the SURF NIST Boulder Program, including a description 
of the student's prioritized research interests;
    (4) A resume for each student;
    (5) Two letters of recommendation for each student; and
    (6) Confirmation of U.S. citizenship or permanent legal resident 
status for each student (copy of passport, green card, or birth 
certificate).
    (B) Information About the Applicant Institution:
    (1) Description of the institution's education and research 
programs; and
    (2) A summary list of the student(s) being nominated, with one 
paragraph of commentary about each student from a dean or department 
chair that describes why the students would be successful in the SURF 
program.
    Institution proposals will be separated into student/institution 
packets. Each student/institution packet will be comprised of the 
required application forms, including a complete copy of the student 
information and a complete copy of the institution information. The 
student/institution packets will be directed to a review committee of 
NIST staff appointed by the SURF NIST Boulder Directors.
    First, all applications received in response to this announcement 
will be reviewed to determine whether or not they are complete and 
responsive to the scope of the stated program objectives. Incomplete or 
non-responsive proposals will not be reviewed for technical merit, and 
the applicant will be so notified. The Program will retain one copy of 
each non-responsive application for three years for record keeping 
purposes.
    Second, each SURF student/university packet will be reviewed by at 
least three independent, objective NIST employees, who are 
knowledgeable in the scientific areas of the program and are able to 
conduct a technical review of each student/university packet based on 
the Evaluation Criteria described in this notice. The normalized scores 
based on this merit review will be averaged for each student/
institution applicant packet, creating a rank order. The Selecting 
Official, the Acting Director of NIST Electronics and Electrical 
Engineering Laboratory, shall award in the rank order unless a proposal 
is justified to be selected out of rank order based upon one or more of 
the following factors: availability of funding, and balance or 
distribution of funds by research or technical disciplines.
    The final approval of selected applications and award of financial 
assistance will be made by the NIST Grants Officer based on compliance 
with application requirements as published in this notice, compliance 
with applicable legal and regulatory requirements, and whether the 
recommended applicants appear to be responsible. Applicants may be 
asked to modify objectives, work plans, or budgets and provide 
supplemental information required by the agency prior to award. The 
decisions of the Grants Officer are final.
    Unsuccessful applicants will be notified in writing. The Programs 
will retain one copy of each unsuccessful application for three years 
for record keeping purposes.
    Evaluation Criteria: For the SURF NIST Boulder Programs the 
evaluation criteria are as follows:
    (A) Evaluation of Student's Academic Ability and Commitment to 
Program Goals (80%): Includes evaluation of completed course work; 
expressed research interest; compatibility of the expressed research 
interest with SURF NIST Boulder research areas; research skills; grade 
point average in courses relevant to the SURF NIST Boulder Program; 
career goals; honors and activities;
    (B) Evaluation of Applicant Institution's Commitment to Program 
Goals (20%): Includes evaluation of the institution's academic 
department(s) relevant to the discipline(s) of the student(s).
    The following information applies to all programs announced in this 
notice:
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: The Department of Commerce Pre-Award 
Notification Requirements for Grants and Cooperative Agreements, which 
are contained in the Federal Register Notice of February 11, 2008 (73 
FR 7696) are applicable to this notice. On the form SF-424 items 8.b. 
and 8.c., the applicant's 9-digit Employer/Taxpayer Identification 
Number (EIN/TIN) and 9-digit Dun and Bradstreet Data Universal 
Numbering System (DUNS) number must be consistent with the information 
on the Central Contractor Registration (CCR) (https://www.ccr.gov) and 
Automated Standards Application for Payment System (ASAP). For complex 
organizations with multiple EIN/TIN and DUNS numbers, the EIN/TIN and 
DUNS numbers MUST be the numbers for the applying organization. 
Organizations that provide incorrect/inconsistent EIN/TIN and DUNS 
numbers may experience significant delays in receiving funds if their 
proposal is selected for funding. Please confirm that the EIN/TIN and 
DUNS number are consistent with the information on the CCR and ASAP.
    Use of NIST Intellectual Property: If the applicant anticipates 
using any NIST-owned intellectual property to carry out the work 
proposed, the applicant should identify such intellectual property. 
This information will be used to ensure that no NIST employee involved 
in the development of the intellectual property will participate in the 
review process for that competition. In addition, if the applicant 
intends to use NIST-owned intellectual property, the applicant must 
comply with all statutes and regulations governing the licensing of 
Federal government patents and inventions, described at 35 U.S.C. 200-
212, 37 CFR part 401, 15 CFR 14.36, and in section B.21 of the 
Department of Commerce Pre-Award Notification Requirements, 73 FR 7696 
(February 11, 2008). Questions about these requirements may be directed 
to the Chief Counsel for NIST, 301-975-2803.
    Any use of NIST-owned intellectual property by a proposer is at the 
sole discretion of NIST and will be negotiated on a case-by-case basis 
if a project is deemed meritorious. The applicant should indicate 
within the statement of work whether it already has a license to use 
such intellectual property or whether it intends to seek one.
    If any inventions made in whole or in part by a NIST employee arise 
in the course of an award made pursuant to this notice, the United 
States government may retain its ownership rights in any such 
invention. Licensing

[[Page 66296]]

or other disposition of NIST's rights in such inventions will be 
determined solely by NIST, and include the possibility of NIST putting 
the intellectual property into the public domain.
    Initial Screening of all Applications: All applications received in 
response to this announcement will be reviewed to determine whether or 
not they are complete and responsive to the scope of the stated 
objectives for each program. Incomplete or non-responsive applications 
will not be reviewed for technical merit. The Program will retain one 
copy of each non-responsive application for three years for record 
keeping purposes. The remaining copies will be destroyed.
    Paperwork Reduction Act: The standard forms in the application kit 
involve a collection of information subject to the Paperwork Reduction 
Act. The use of Standard Forms 424, 424A, 424B, SF-LLL, CD-346, and 
SURF Program Student Applicant Information have been approved by the 
Office of Management and Budget (OMB) under the respective Control 
Numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046, 0605-0001, and 
0693-0042. Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act, unless that collection of 
information displays a currently valid OMB Control Number.
    Research Projects Involving Human Subjects, Human Tissue, Data or 
Recordings Involving Human Subjects: Any proposal that includes 
research involving human subjects, human tissue, data or recordings 
involving human subjects must meet the requirements of the Common Rule 
for the Protection of Human Subjects, codified for the Department of 
Commerce at 15 CFR part 27. In addition, any proposal that includes 
research on these topics must be in compliance with any statutory 
requirements imposed upon the Department of Health and Human Services 
(DHHS) and other Federal agencies regarding these topics, all 
regulatory policies and guidance adopted by DHHS, the Food and Drug 
Administration, and other Federal agencies on these topics, and all 
Presidential statements of policy on these topics.
    NIST will accept the submission of human subjects protocols that 
have been approved by Institutional Review Boards (IRBs) possessing a 
current registration filed with DHHS and to be performed by entities 
possessing a current, valid Federal-wide Assurance (FWA) from DHHS. 
NIST will not issue a single project assurance (SPA) for any IRB 
reviewing any human subjects protocol proposed to NIST.
    President Obama has issued Executive Order No. 13,505 (74 FR 10667, 
March 9, 2009), revoking previous Executive Orders and Presidential 
statements regarding the use of human embryonic stem cells in research. 
On July 30, 2009, President Obama issued a memorandum directing that 
agencies that support and conduct stem cell research adopt the 
``National Institutes of Health Guidelines for Human Stem Cell 
Research'' (NIH Guidelines), which became effective on July 7, 2009, 
``to the fullest extent practicable in light of legal authorities and 
obligations.'' On September 21, 2009, the Department of Commerce 
submitted to the Office of Management and Budget a statement of 
compliance with the NIH Guidelines. In accordance with the President's 
memorandum, the NIH Guidelines, and the Department of Commerce 
statement of compliance, NIST will support and conduct research using 
only human embryonic stem cell lines that have been approved by NIH in 
accordance with the NIH Guidelines and will review such research in 
accordance with the Common Rule and NIST implementing procedures, as 
appropriate. NIST will not support or conduct any type of research that 
the NIH Guidelines prohibit NIH from funding. NIST will follow any 
additional polices or guidance issued by the current Administration on 
this topic.
    Research Projects Involving Vertebrate Animals: Any proposal that 
includes research involving vertebrate animals must be in compliance 
with the National Research Council's ``Guide for the Care and Use of 
Laboratory Animals'' which can be obtained from National Academy Press, 
2101 Constitution Avenue, NW., Washington, DC 20055. In addition, such 
proposals must meet the requirements of the Animal Welfare Act (7 
U.S.C. 2131 et seq.), 9 CFR parts 1, 2, and 3, and if appropriate, 21 
CFR part 58. These regulations do not apply to proposed research using 
pre-existing images of animals or to research plans that do not include 
live animals that are being cared for, euthanized, or used by the 
project participants to accomplish research goals, teaching, or 
testing. These regulations also do not apply to obtaining animal 
materials from commercial processors of animal products or to animal 
cell lines or tissues from tissue banks.
    Limitation of Liability: Funding for the programs listed in this 
notice is contingent upon the availability of Fiscal Year 2010 
appropriations. NIST issues this notice subject to the appropriations 
made available under the current continuing resolution, H.R. 2918, 
``Continuing Appropriations Resolution, 2010,'' Public Law 111-68, as 
amended by H.R. 2996, ``Further Continuing Appropriations, 2010,'' 
Public Law 111-88. NIST anticipates making awards for the programs 
listed in this notice provided that funding for the programs is 
continued beyond December 18, 2009, the expiration of the current 
continuing resolution. In no event will NIST or the Department of 
Commerce be responsible for proposal preparation costs if these 
programs fail to receive funding or are cancelled because of agency 
priorities. Publication of this announcement does not oblige NIST or 
the Department of Commerce to award any specific project or to obligate 
any available funds.
    Executive Order 12866: This funding notice was determined to be not 
significant for purposes of Executive Order 12866.
    Executive Order 13132 (Federalism): It has been determined that 
this notice does not contain policies with federalism implications as 
that term is defined in Executive Order 13132.
    Executive Order 12372: Applications under this program are not 
subject to Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''
    Administrative Procedure Act/Regulatory Flexibility Act: Notice and 
comment are not required under the Administrative Procedure Act (5 
U.S.C. 553) or any other law, for rules relating to public property, 
loans, grants, benefits or contracts (5 U.S.C. 553(a)). Because notice 
and comment are not required under 5 U.S.C. 553, or any other law, for 
rules relating to public property, loans, grants, benefits or contracts 
(5 U.S.C. 553(a)), a Regulatory Flexibility Analysis is not required 
and has not been prepared for this notice, 5 U.S.C. 601 et seq.

    Dated: December 10, 2009.
Jason Boehm,
Acting Director, NIST Program Office.
[FR Doc. E9-29823 Filed 12-14-09; 8:45 am]
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