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



APPENDIX A 
  
  
SAMPLE EXEMPTION MEMORANDUM
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. 
   
In this project, human subjects will be identifying images of human faces on a 
computer screen, which is both cognitive testing and public behavior of these 
subjects. Any information obtained through the project that could be linked to 
these human subjects will not reasonably place the subjects at risk. 
  
  
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. 
   
The existing database of human faces being used in this project is publicly 
available to researchers who agree not to distribute the database further. 
  
  
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.] 
  
  


NIST Home PageSearch 

National Institute of Standards and Technology, 
Director of Administration - Management and Organization Division 
gwenda.roberson@nist.gov 
12/31/01