NIST Administrative Manual, Subchapter 14.01
Transmittal Date - 1/24/00

MEMORANDUM FOR Name of Chairperson
                                       NIST Institutional Review Board

From: OU Director
          Laboratory

Subject: Exemption of Proposal for Research Involving Human Subjects

I have determined, in consultation with technical and legal experts, that the use of human subjects described in the attached proposal on "[insert name of project]"([insert name and phone extension of NIST P.I.]) meets the criteria for exemption from the policy of Part 27 of Title 15 of the Code of Federal Regulations.

This project involves two groups of human subjects. The first involvement of human subjects in this project fits into the category described in 15 CFR 27.101(b)(2) which is exempt from this policy:

Research involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures or observation of public behavior, unless: (i) Information obtained is recorded in such a manner that human subjects can be identified, directly or through identifiers linked to the subjects; and (ii) any disclosure of the human subjects' responses outside the research could reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects' financial standing, employability, or reputation.

The human subjects whose faces are projected on the computer screen make up the second group of human subjects involved in this project. The involvement of these subjects fits into the category described in 15 CFR 27.101(b)(4) which is exempt from the policy of Part 27:

Research, involving the collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if, these sources are publicly available or if the information is recorded by the investigator in such a manner that subjects cannot be indentified, directly or through identifiers linked to the subjects.

Concur
 
 

_________________________________________
Michael Rubin, Counsel for NIST

Do Not Concur
 
 

_________________________________________
Michael Rubin, Counsel for NIST

Attachment

cc: J. Gagner
[insert name of DoC Financial Assistance Law Division staff member assigned to NIST, if appropriate]
[insert name of Grants Officer, Contracts Officer, Chief of the Finance Division, as appropriate]
[insert name of NIST P.I.]