Caution on "unchecking the box"

I have to add a note of caution on my comments on "unchecking the box" to limit an FWA to federally-funded research. Before you do that, make sure that this does not affect the application of state or local laws. It was recently brought to my attention that, in New York, if the FWA doesn't apply to non-federally funded research, then the New York human subjects law (Article 24-A of the Public Health Law) would apply to that research. So, New York institutions should carefully consider whether they should "uncheck the box". My recommendation regarding only applying the Common Rule (without the subparts) still applies, though. The research would still be covered by federal regulations but not the subparts.