96-689. Recombinant DNA Research: Actions Under the Guidelines  

  • [Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
    [Notices]
    [Pages 1482-1490]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-689]
    
    
    
          
    
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    Part III
    
    
    
    
    
    Department of Health and Human Services
    
    
    
    
    
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    National Institutes of Health
    
    
    
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    Recombinant DNA Research: Actions Under the Guidelines; Notice
    
    Federal Register / Vol. 61, No. 13 / Friday, January 19, 1996 / 
    Notices
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    National Institutes of Health
    
    
    Recombinant DNA Research: Actions Under the Guidelines
    
    AGENCY: National Institutes of Health, PHS, DHHS.
    
    ACTION: Notice of Actions under the NIH Guidelines for Research 
    Involving Recombinant DNA Molecules (59 FR 34496, 59 FR 40170, 60 FR 
    20726).
    
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    SUMMARY: This notice sets forth an action to be taken by the Director, 
    National Institutes of Health (NIH), under the NIH Guidelines for 
    Research Involving Recombinant DNA Molecules.
    
    FOR FURTHER INFORMATION CONTACT:
    Additional information can be obtained from Dr. Nelson A. Wivel, 
    Director, Office of Recombinant DNA Activities (ORDA), Office of 
    Science Policy and Technology Transfer, National Institutes of Health, 
    Suite 302, 6000 Executive Boulevard, MSC 7010, Bethesda, Maryland 
    20892-7010, (301) 496-9838.
    
    SUPPLEMENTARY INFORMATION: Today's action is being promulgated under 
    the NIH Guidelines for Research Involving Recombinant DNA Molecules. 
    This proposed action was published for comment in the Federal Register 
    of August 18, 1994 (58 FR 44098), November 8, 1994 (59 FR 55796), 
    February 8, 1995 (60 FR 7630), and May 22, 1995 (60 FR 27207), and 
    reviewed and recommended for approval by the NIH Recombinant DNA 
    Advisory Committee (RAC) at its meeting on June 8-9, 1995.
    
    I. Background Information and Decisions on Actions Under the NIH 
    Guidelines
    
    A. Amendments to Sections II, III, IV, V, Appendices B, C, H, and Q of 
    the NIH Guidelines Regarding Updating the Classification of 
    Microorganisms
    
        In a letter dated June 24, 1993, Dr. Diane Fleming, President of 
    the Mid-Atlantic Biological Safety Association requested the revision 
    and updating of Appendix B, Classification of Microorganisms on the 
    Basis of Hazard. The Mid-Atlantic Biological Safety Association 
    submitted an updated list of the classification of microorganisms for 
    the Recombinant DNA Advisory Committee to review which included the 
    latest taxonomy and agent risk group classifications as defined by the 
    Centers for Disease Control and Prevention.
        During the September 9-10, 1993, meeting, the Recombinant DNA 
    Advisory Committee recommended by consensus that the current 
    classification of etiological agents described in the Biosafety in 
    Microbiological and Biomedical Laboratories, 3rd edition, May 1993, 
    U.S. Department of Health and Human Services, should be endorsed by the 
    Committee. The Committee retained the option to adopt any modifications 
    to the Centers for Disease Control and Prevention listing. The 
    Committee recommended that the revised Appendix B, Classification of 
    Microorganisms on the Basis of Hazard, submitted by Dr. Fleming should 
    not be adopted until the Committee received letters of concurrence from 
    both the Centers for Disease Control and Prevention and the NIH 
    Division of Safety.
        In a telephone call on October 20, 1994, Dr. Fleming stated that 
    Appendix B, Classification of Microorganisms on the Basis of Hazard, 
    would be reviewed by experts from the Centers for Disease Control and 
    Prevention and the American Society for Microbiology. The revised 
    Appendix B was submitted to the Recombinant DNA Advisory Committee 
    December 1-2, 1994, meeting for review and discussion. During the 
    December 1994 meeting, the Committee recommended publishing the revised 
    Appendix B in the Federal Register for public comment, with further 
    review of this proposal and possible approval during the March 6-7, 
    1995, meeting.
        During the March 6-7, 1995 meeting, the Recombinant DNA Advisory 
    Committee deferred approval of the proposed amendments to Appendix B 
    pending additional revisions to the remaining sections and appendices 
    of the NIH Guidelines that are required to adequately accommodate the 
    revised Appendix B (Sections II, III, IV, V, Appendices C, H, and Q). 
    The motion for deferral included a recommendation that a subcommittee 
    consisting of Dr. Stephen Straus (Chair of the Subcommittee), ad hoc 
    experts, and Office of Recombinant DNA Activities staff would meet to 
    develop the required modifications. The motion passed by a vote of 17 
    in favor, 0 opposed, and no abstentions.
        On May 5, 1995, the Appendix B Subcommittee met to finalize the 
    document in terms of its listing of pathogens and the text of the NIH 
    Guidelines related to Appendix B in other sections and appendices 
    (Sections II, III, IV, V, Appendices C, H, and Q). During the June 8-9, 
    1995 meeting, the Recombinant DNA Advisory Committee reviewed the 
    document. There was a concurrence that the Risk Group classification 
    serves as an initial guidance to assign an appropriate containment 
    level for a particular experiment by the Institutional Biosafety 
    Committees and the investigators. Since the new Appendix B is primarily 
    concerned with human pathogenicity, it addresses only the human 
    etiologic agents and omits all animal agents. The Committee observed 
    that this omission created a problem because some of the animal agents, 
    particularly the group of viruses known as oncogenic viruses are 
    frequently used as vectors for gene transfer in the laboratories or in 
    human studies. The Recombinant DNA Advisory Committee approved a motion 
    to: (1) establish a working group to recommend exemption of additional 
    vector systems in Appendix C (exempt host-vector systems), and (2) 
    accept the proposed amendments to Appendix B with the provision to 
    develop a new Appendix B-V relating to animal viruses relevant to human 
    studies, and to list specific examples of agents under Appendix B-I, 
    Risk Group 1 (RG1) Agents. The motion was approved by a vote of 17 in 
    favor, 0 opposed, and no abstentions.
        On June 13, 1995, the Office of Recombinant DNA Activities 
    forwarded two versions of the Appendix B-V, Animal Viral Etiologic 
    Agents in Common Use to the Appendix B Subcommittee. Most of these 
    agents were previously listed as Class 2 oncogenic viruses in two 
    separate categories of low and moderate risk agents in the original 
    Appendix B. Since none of these animal etiologic agents are associated 
    with disease in healthy human adults, one version of Appendix B-V 
    listed these agents as a single group recommended for Biosafety Level 1 
    containment and another version listed them in a two-tier system for 
    either Biosafety Level 1 or Biosafety Level 2 containment. Subsequent 
    discussion with the members of the Appendix B Subcommittee concluded 
    that while there was no reason to have a separate group of ``moderate'' 
    risk agents in this list, it was prudent to recommend conducting 
    experiments under a Biosafety Level 2 containment with several agents 
    that are capable of infecting human cells, e.g., amphotropic and 
    xenotropic murine leukemia virus.
        During the September 11-12, 1995, meeting, the Recombinant DNA 
    Advisory Committee reviewed the updated Appendix B along with other 
    sections and appendices of the NIH Guidelines (Sections II, III, IV, V, 
    Appendices C, H, and Q) relating to classification of microorganisms. 
    It was observed that some viruses in the moderate risk group could 
    infect human cells but their replication was largely restricted to 
    their animal hosts. Some Committee members pointed out that 
    
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    some viruses with oncogenes such as SV40 have been treated more 
    cautiously than viruses without oncogenes; therefore, a two-tier list 
    should be used. Dr. Wivel explained that listing a group of animal 
    viruses as ``moderate risk'' agents introduces an inconsistency into 
    Appendix B. Some strains of these viruses, although capable of 
    infecting human cells, have not been shown to be associated with any 
    disease in healthy human adults. They fall within the definition of 
    Risk Group 1 agents, i.e., agents that are not associated with disease 
    in healthy adult humans. Two committee members inquired why several 
    viruses in the original Appendix B are not listed in the new version. 
    Dr. Thomas Shih (Executive Secretary, Appendix B Subcommittee) 
    explained that several rarely used viruses such as chick embryo lethal 
    orphan virus are deleted from the new list. The list includes commonly 
    used organisms, and it is not intended to be inclusive since many other 
    animal agents are not listed. Dr. Walters (Chair, Recombinant DNA 
    Advisory Committee) stated that the consensus of the committee is to 
    accept the list of animal viruses in Appendix B-V as a reasonable 
    modification of Appendix B.
        The actions are detailed in Section II--Summary of Actions. I 
    accept these recommendations, and the NIH Guidelines will be amended 
    accordingly.
    
    II. Summary of Actions
    
    A. Amendments to Section II, Safety Considerations (Previously the 
    Entire Section II was Entitled Containment)
    
        Section II is amended to read:
    Section II. Safety Considerations
    Section II-A. Risk Assessment
    Section II-A-1. Risk Groups
    
        Risk assessment requires the exercise of sound judgment by the 
    investigator. The investigator must make an initial risk assessment 
    based on the Risk Group (RG) of an agent (see Appendix B, 
    Classification of Human Etiologic Agents on the Basis of Hazard). 
    Agents are classified into four Risk Groups (RGs) according to their 
    relative pathogenicity for healthy adult humans by the following 
    criteria: (1) Risk Group 1 (RG1) agents are not associated with disease 
    in healthy adult humans. (2) Risk Group 2 (RG2) agents are associated 
    with human disease which is rarely serious and for which preventive or 
    therapeutic interventions are often available. (3) Risk Group 3 (RG3) 
    agents are associated with serious or lethal human disease for which 
    preventive or therapeutic interventions may be available. (4) Risk 
    Group 4 (RG4) agents are likely to cause serious or lethal human 
    disease for which preventive or therapeutic interventions are not 
    usually available.
    Section II-A-2. Criteria for Risk Groups
        Classification of agents is based on the potential effect of a 
    biological agent on a healthy human adult and does not account for 
    instances in which an individual may have increased susceptibility to 
    such agents, e.g., preexisting diseases, medications, compromised 
    immunity, pregnancy or breast feeding (which may increase exposure of 
    infants to some agents) (see Appendix B, Classification of Human 
    Etiologic Agents on the Basis of Hazard).
        Personnel may need periodic medical surveillance to ascertain 
    fitness to perform certain activities; they may also need to be offered 
    prophylactic vaccines and boosters (see Section IV-B-1-f, 
    Responsibilities of the Institution, General Information).
    Section II-A-3. Comprehensive Risk Assessment
        In deciding on the appropriate containment for an experiment, the 
    initial risk assessment from Appendix B, Classification of Human 
    Etiologic Agents on the Basis of Hazard, should be followed by a 
    thorough consideration of the agent itself and how it is to be 
    manipulated. Factors to be considered in determining the level of 
    containment include agent factors such as: virulence, pathogenicity, 
    infectious dose, environmental stability, route of spread, 
    communicability, operations, quantity, availability of vaccine or 
    treatment, and gene product effects such as toxicity, physiological 
    activity, and allergenicity. Any strain that is known to be more 
    hazardous than the parent (wild-type) strain should be considered for 
    handling at a higher containment level. Certain attenuated strains or 
    strains that have been demonstrated to have irreversibly lost known 
    virulence factors may qualify for a reduction of the containment level 
    compared to the Risk Group assigned to the parent strain (see Section 
    V-B, Footnotes and References of Sections I through IV).
        A final assessment of risk based on these considerations is then 
    used to set the appropriate containment conditions for the experiment 
    (see Section II-B, Containment). The containment level required may be 
    equivalent to the Risk Group classification of the agent or it may be 
    raised or lowered as a result of the above considerations. The 
    Institutional Biosafety Committee must approve the risk assessment and 
    the biosafety containment level for recombinant DNA experiments 
    described in Sections III-A, Experiments that Require Institutional 
    Biosafety Committee Approval, RAC Review, and NIH Director Approval 
    Before Initiation, III-B, Experiments that Require NIH/ORDA and 
    Institutional Biosafety Committee Approval Before Initiation, and III-
    C, Experiments that Require Institutional Biosafety Committee Approval 
    Before Initiation.
        Careful consideration should be given to the types of manipulation 
    planned for some higher Risk Group agents. For example, the RG2 dengue 
    viruses may be cultured under the Biosafety Level (BL) 2 containment 
    (see Section II-B); however, when such agents are used for animal 
    inoculation or transmission studies, a higher containment level is 
    recommended. Similarly, RG3 agents such as Venezuelan equine 
    encephalomyelitis and yellow fever viruses should be handled at a 
    higher containment level for animal inoculation and transmission 
    experiments.
        Individuals working with human immunodeficiency virus (HIV), 
    hepatitis B virus (HBV) or other bloodborne pathogens should consult 
    Occupational Exposure to Bloodborne Pathogens; Final Rule (56 FR 64175-
    64182). BL2 containment is recommended for activities involving all 
    blood-contaminated clinical specimens, body fluids, and tissues from 
    all humans, or from HIV- or HBV-infected or inoculated laboratory 
    animals. Activities such as the production of research-laboratory scale 
    quantities of HIV or other bloodborne pathogens, manipulating 
    concentrated virus preparations, or conducting procedures that may 
    produce droplets or aerosols, are performed in a BL2 facility using the 
    additional practices and containment equipment recommended for BL3. 
    Activities involving industrial scale volumes or preparations of 
    concentrated HIV are conducted in a BL3 facility, or BL3 Large Scale if 
    appropriate, using BL3 practices and containment equipment.
        Exotic plant pathogens and animal pathogens of domestic livestock 
    and poultry are restricted and may require special laboratory design, 
    operation and containment features not addressed in Biosafety in 
    Microbiological and Biomedical Laboratories (see Section V-C, Footnotes 
    and References of Sections I through IV). For information regarding the 
    importation, possession, or use of these agents see Sections V-G and V-
    H, Footnotes and References of Sections I through IV.
    
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    Section II-B. Containment
        Effective biological safety programs * * *
    
    [Rest of Section II remains unchanged.]
    
    B. Amendments to Section III, Experiments Covered by the NIH Guidelines
    
        Section III-C is amended to read:
    Section III-C. Experiments That Require Institutional Biosafety 
    Committee Approval Before Initiation
        Prior to the initiation of an experiment that falls into this 
    category, the Principal Investigator must submit a registration 
    document to the Institutional Biosafety Committee which contains the 
    following information: (i) the source(s) of DNA; (ii) the nature of the 
    inserted DNA sequences; (iii) the host(s) and vector(s) to be used; 
    (iv) an indication of what protein will be produced if an attempt is to 
    be made to obtain expression of a foreign gene; and (v) the containment 
    conditions that will be implemented as specified in the NIH Guidelines. 
    For experiments in this category, the registration document shall be 
    dated, signed by the Principal Investigator, and filed with the 
    Institutional Biosafety Committee. The Institutional Biosafety 
    Committee shall review and approve all experiments in this category 
    prior to their initiation. Requests to decrease the level of 
    containment specified for experiments in this category will be 
    considered by NIH (see Section IV-C-1-b-(2)-(c), Minor Actions).
        Section III-C-1. Experiments Using Risk Group 2, Risk Group 3, Risk 
    Group 4, or Restricted Agents as Host-Vector Systems (see Section II-A, 
    Risk Assessment).
        Section III-C-1-a. Experiments involving the introduction of 
    recombinant DNA into Risk Group 2 agents will usually be conducted at 
    Biosafety Level (BL) 2 containment. Experiments with such agents will 
    usually be conducted with whole animals at BL2 or BL2-N (Animals) 
    containment.
        Section III-C-1-b. Experiments involving the introduction of 
    recombinant DNA into Risk Group 3 agents will usually be conducted at 
    BL3 containment. Experiments with such agents will usually be conducted 
    with whole animals at BL3 or BL3-N containment.
        Section III-C-1-c. Experiments involving the introduction of 
    recombinant DNA into Risk Group 4 agents shall be conducted at BL4 
    containment. Experiments with such agents will usually be conducted 
    with whole animals at BL4 or BL4-N containment.
        Section III-C-1-d. Containment conditions for experiments involving 
    the introduction of recombinant DNA into restricted agents shall be set 
    on a case-by-case basis following NIH/ORDA review. A U.S. Department of 
    Agriculture permit is required for work with plant or animal pathogens 
    (see Section V-G and V-L, Footnotes and References of Sections I 
    through IV). Experiments with such agents shall be conducted with whole 
    animals at BL4 or BL4-N containment.
        Section III-C-2. Experiments in which DNA From Risk Group 2, Risk 
    Group 3, Risk Group 4, or Restricted Agents (see Section V-A, Footnotes 
    and References of Sections I through IV) is Cloned into Nonpathogenic 
    Prokaryotic or Lower Eukaryotic Host-Vector Systems.
        Section III-C-2-a. Experiments in which DNA from Risk Group 2 or 
    Risk Group 3 agents (see Section II-A, Risk Assessment) is transferred 
    into nonpathogenic prokaryotes or lower eukaryotes may be performed 
    under BL2 containment. Experiments in which DNA from Risk Group 4 
    agents is transferred into nonpathogenic prokaryotes or lower 
    eukaryotes may be performed under BL2 containment after demonstration 
    that only a totally and irreversibly defective fraction of the agent's 
    genome is present in a given recombinant. In the absence of such a 
    demonstration, BL4 containment shall be used. The Institutional 
    Biosafety Committee may approve the specific lowering of containment 
    for particular experiments to BL1. Many experiments in this category 
    are exempt from the NIH Guidelines (see Section III-E, Exempt 
    Experiments). Experiments involving the formation of recombinant DNA 
    for certain genes coding for molecules toxic for vertebrates require 
    NIH/ORDA approval (see Section III-B-1, Experiments Involving the 
    Cloning of Toxin Molecules With LD50 of Less than 100 Nanograms 
    Per Kilogram Body Weight) or shall be conducted under NIH specified 
    conditions as described in Appendix F, Containment Conditions for 
    Cloning of Genes Coding for the Biosynthesis of Molecules Toxic for 
    Vertebrates.
        Section III-C-2-b. Containment conditions for experiments in which 
    DNA from restricted agents is transferred into nonpathogenic 
    prokaryotes or lower eukaryotes shall be determined by NIH/ORDA 
    following a case-by-case review (see Section V-L, Footnotes and 
    References of Sections I through IV). A U.S. Department of Agriculture 
    permit is required for work with plant or animal pathogens (see Section 
    V-G, Footnotes and References of Sections I through IV).
        Section III-C-3. Experiments Involving the Use of Infectious DNA or 
    RNA Viruses or Defective DNA or RNA Viruses in the Presence of Helper 
    Virus in Tissue Culture Systems.
        Caution: Special care should be used in the evaluation of 
    containment levels for experiments which are likely to either enhance 
    the pathogenicity (e.g., insertion of a host oncogene) or to extend the 
    host range (e.g., introduction of novel control elements) of viral 
    vectors under conditions that permit a productive infection. In such 
    cases, serious consideration should be given to increasing physical 
    containment by at least one level.
        Note: Recombinant DNA or RNA molecules derived therefrom, which 
    contain less than two-thirds of the genome of any eukaryotic virus (all 
    viruses from a single Family) (See Section V-J, Footnotes and 
    References of Sections I through IV) being considered identical (see 
    Section V-K, Footnotes and References of Sections I through IV), are 
    considered defective and may be used in the absence of helper virus 
    under the conditions specified in Section III-D-1, Experiments 
    Involving the Formation of Recombinant DNA Molecules Containing No More 
    than Two-Thirds of the Genome of any Eukaryotic Virus.
        Section III-C-3-a. Experiments involving the use of infectious or 
    defective Risk Group 2 viruses (see Section V-A, Footnotes and 
    References of Sections I through IV, and Appendix B-II, Risk Group 2 
    Agents) in the presence of helper virus may be conducted at BL2.
        Section III-C-3-b. Experiments involving the use of infectious or 
    defective Risk Group 3 viruses (see Section V-A, Footnotes and 
    References of Sections I through IV, and Appendix B-III-D, Risk Group 3 
    (RG3)--Viruses and Prions) in the presence of helper virus may be 
    conducted at BL3.
        Section III-C-3-c. Experiments involving the use of infectious or 
    defective Risk Group 4 viruses (see Section V-A, Footnotes and 
    References of Sections I through IV, and Appendix B-IV-D, Risk Group 4 
    (RG4)--Viral Agents) in the presence of helper virus may be conducted 
    at BL4.
        Section III-C-3-d. Experiments involving the use of infectious or 
    defective restricted poxviruses (see Section V-A and V-L, Footnotes and 
    References of Sections I through IV) in the presence of helper virus 
    shall be determined on a case-by-case basis following NIH/ORDA review. 
    A U.S. 
    
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    Department of Agriculture permit is required for work with plant or 
    animal pathogens (see Section V-G, Footnotes and References of Sections 
    I through IV).
        Section III-C-3-e. Experiments involving the use of infectious or 
    defective viruses in the presence of helper virus which are not covered 
    in Sections III-E-3-a through III-C-3-d may be conducted at BL1.
        Section III-C-4. Experiments Involving Whole Animals.
        This section covers experiments involving whole animals in which 
    the animal's genome has been altered by stable introduction of 
    recombinant DNA, or DNA derived therefrom, into the germ-like 
    (transgenic animals) and experiments involving viable recombinant DNA-
    modified microorganisms tested on whole animals. For the latter, other 
    than viruses which are only vertically transmitted, the experiments may 
    not be conducted at BL1-N containment. A minimum containment of BL2 or 
    BL2-N is required.
        Caution--Special care should be used in the evaluation of 
    containment conditions for some experiments with transgenic animals. 
    For example, such experiments might lead to the creation of novel 
    mechanisms or increased transmission of a recombinant pathogen or 
    production of undesirable traits in the host animal. In such cases, 
    serious consideration should be given to increasing the containment 
    conditions.
        Section III-C-4-a. Recombinant DNA, or DNA or RNA molecules derived 
    therefrom, from any source except for greater than two-thirds of 
    eukaryotic viral genome may be transferred to any nonhuman vertebrate 
    or any invertebrate organism and propagated under conditions of 
    physical containment comparable to BL1 or BL1-N and appropriate to the 
    organism under study (see Section V-B, Footnotes and References of 
    Sections I through IV). Animals that contain sequences from viral 
    vectors, which do not lead to transmissible infection either directly 
    or indirectly as a result of complementation or recombination in 
    animals, may be propagated under conditions of physical containment 
    comparable to BL1 or BL1-N and appropriate to the organism under study. 
    Experiments involving the introduction of other sequences from 
    eukaryotic viral genomes into animals are covered under Section III-C-
    4-b, Experiments Involving Whole Animals. For experiments involving 
    recombinant DNA-modified Risk Groups, 2, 3, 4, or restricted organisms, 
    see Sections V-A, V-G, and V-L, Footnotes and References of Sections I 
    through IV. It is important that the investigator demonstrate that the 
    fraction of the viral genome being utilized does not lead to productive 
    infections. A U.S. Department of Agriculture permit is required for 
    work with plant or animal pathogens (see Section V-G, Footnotes and 
    References of Sections I through IV).
        Section III-C-4-b. For experiments involving recombinant DNA, or 
    DNA or RNA derived therefrom, involving whole animals, including 
    transgenic animals, and not covered by Sections III-C-1, Experiments 
    Using Risk Group 2, Risk Group 3, Risk Group 4, or Restricted Agents as 
    Host-Vector Systems, or III-C-4-a, Experiments Involving Whole Animals, 
    the appropriate containment shall be determined by the Institutional 
    Biosafety Committee.
    
    [The rest of the Section III-C remains unchanged.]
    
    C. Amendments to Section IV, Roles and Responsibilities
    
        Section IV-C-1-b-(2)-(e) is amended to read:
        Section IV-C-1-b-(2)-(e). Setting containment under Sections III-C-
    1-d, Experiments Using Risk Group 2, Risk Group 3, Risk Group 4, or 
    Restricted Agents as Host-Vector Systems, and III-C-2-b, Experiments in 
    which DNA from Risk Group 2, Risk Group 3, Risk Group 4, or Restricted 
    Agents is Cloned into Nonpathogenic Prokaryotic or Lower Eukaryotic 
    Host-Vector Systems;
    
    [The rest of the Section IV-C-1-b-(2) remains unchanged.]
    
    D. Amendments to Section V, Footnotes and References of Sections I 
    Through IV
    
        Section V is amended to read:
    Section V. Footnotes and References of Sections I through IV
        Section V-A. The NIH Director, with advice of the RAC, may revise 
    the classification for the purposes of the NIH Guidelines (see Section 
    IV-C-1-b-(2)-(e), Minor Actions). The revised list of organisms in each 
    risk group is reprinted in Appendix B, Classification of Human 
    Etiologic Agents on the Basis of Hazard.
        Section V-B. Section III, Experiments Covered by the NIH 
    Guidelines, describes a number of places where judgments are to be 
    made. In all these cases, the Principal Investigator shall make the 
    judgment on these matters as part of his/her responsibility to ``make 
    the initial determination of the required levels of physical and 
    biological containment in accordance with the NIH Guidelines'' (see 
    Section IV-B-4-c-(1), Principal Investigator). For cases falling under 
    Sections III-A through III-D, Experiments Covered by the NIH 
    Guidelines, this judgment is to be reviewed and approved by the 
    Institutional Biosafety Committee as part of its responsibility to make 
    an ``independent assessment of the containment levels required by the 
    NIH Guidelines for the proposed research'' (see Section IV-B-2-b-(1), 
    Institutional Biosafety Committee). The Institutional Biosafety 
    Committee may refer specific cases to NIH/ORDA as part of NIH/ORDA's 
    functions to ``provide advice to all within and outside NIH'' (see 
    Section IV-C-3, Office of Recombinant DNA Activities). NIH/ORDA may 
    request advice from the RAC as part of the RAC's responsibility for 
    ``interpreting the NIH Guidelines for experiments to which the NIH 
    Guidelines do not specifically assign containment levels'' (see Section 
    IV-C-1-b-(2)-(f), Minor Actions).
        Section V-C. U.S. Department of Health and Human Services, Public 
    Health Service, Centers for Disease Control and Prevention and the 
    National Institutes of Health. Biosafety in Microbiological and 
    Biomedical Laboratories, 3rd edition, 1993. Copies are available from: 
    Superintendent of Documents, U.S. Government Printing Office, 
    Washington, DC 20402 (stock # 017-040-00523-7), Phone (202)-512-2356.
        Section V-D. Classification of Etiologic Agents on the Basis of 
    Hazard, 4th Edition, July 1974, U.S. Department of Health, Education, 
    and Welfare, Public Health Service, Centers for Disease Control, Office 
    of Biosafety, Atlanta, Georgia 30333.
        Section V-E. Benenson, Abram S. ed., Control of Communicable 
    Diseases in Man, 15th edition. 1990. American Public Health 
    Association, Washington, DC.
        Section V-F. World Health Organization Laboratory Biosafety Manual, 
    2nd edition. 1993. WHO Albany, NY. Copies are available from: WHO 
    Publication Centre, USA, (Q Corp) 49 Sheridan Avenue, Albany, New York 
    12210; Phone: (518)-436-9686 (Order # 1152213).
        Section V-G. A U.S. Department of Agriculture permit, required for 
    import and interstate transport of plant and animal pathogens, may be 
    obtained from the U.S. Department of Agriculture, ATTN: Animal and 
    Plant Health Inspection Service (APHIS), Veterinary Services, National 
    Center for Import-Export, Products Program, 4700 River Road, Unit 40, 
    Riverdale, MD 20737. Phone: (301)-734-8499; Fax: (301)-734-8226.
    
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        Section V-H. American Type Culture Collection Catalogues of plant 
    viruses, animal viruses, cells, bacteria, fungi, etc. are available 
    from American Type Culture Collection, 12301 Parklawn Drive, Rockville, 
    Maryland 20852-1776. Phone: (800)-638-6597; Fax: (301)-231-5826.
        Section V-I. U.S. Department of Labor, Occupational Safety and 
    Health Administration. 1991. Occupational Exposure to Bloodborne 
    Pathogens, Final Rule (56 FR 64175-64182).
        Section V-J. As classified in the 6th Report on the International 
    Committee on Taxonomy of Viruses: Classification and Nomenclature of 
    Viruses, F.A. Murphy et al., Archives of Virology/Supplement 10, 1995, 
    Springer-Verlag, New York, New York.
        Section V-K. i.e., the total of all genomes within a family shall 
    not exceed two-thirds of the genome.
        Section V-L. Organisms including alastrim, smallpox (variola) and 
    whitepox may not be studied in the United States except at specified 
    facilities. All activities, including storage of variola and whitepox, 
    are restricted to the single national facility (World Health 
    Organization Collaborating Center for Smallpox Research, Centers for 
    Disease Control and Prevention, Atlanta, Georgia).
        Section V-M. In accordance with accepted scientific and regulatory 
    practices of the discipline of plant pathology, an exotic plant 
    pathogen (e.g., virus, bacteria, or fungus) is one that is unknown to 
    occur within the U.S. (see Section V-G, Footnotes and References of 
    Sections I through IV). Determination of whether a pathogen has a 
    potential for serious detrimental impact on managed (agricultural, 
    forest, grassland) or natural ecosystems should be made by the 
    Principal Investigator and the Institutional Biosafety Committee, in 
    consultation with scientists knowledgeable of plant diseases, crops, 
    and ecosystems in the geographic area of the research.
    
    E. Amendments to Appendix B, Classification of Human Etiologic Agents 
    on the Basis of Hazard
    
        Appendix B is amended to read:
    Appendix B. Classification of Human Etiologic Agents on the Basis of 
    Hazard
        Appendix B includes those biological agents known to infect humans, 
    as well as selected animal agents, that may pose theoretical risks if 
    inoculated into humans. Included in the lists are species known to be 
    pathogenic, mutated, or recombined; non-pathogenic species and strains 
    are not considered. Non-infectious life cycle stages of parasites are 
    excluded.
        This appendix reflects the current state of knowledge and should be 
    considered a resource document. The more commonly encountered agents 
    are included; however, this appendix is not meant to be all inclusive. 
    Information on agent risk assessment may be found in the Agent Summary 
    Statements of the Centers for Disease Control and Prevention/National 
    Institutes of Health publications, Biosafety in Microbiological and 
    Biomedical Laboratories (see Sections V-C, V-D, V-E, and V-F, Footnotes 
    and References of Sections I through IV). Further guidance on agents 
    not listed in Appendix B may be obtained through: Centers for Disease 
    Control and Prevention, Biosafety Branch, Atlanta, Georgia 30333, 
    Phone: (404)-639-3883, Fax: (404)-639-2294; National Institutes of 
    Health, Division of Safety, Bethesda, Maryland 20892, Phone: (301)-496-
    1357; National Animal Disease Center, U.S. Department of Agriculture, 
    Ames, Iowa 50010, Phone: (515)-862-8258.
        A special committee of the American Society for Microbiology will 
    conduct an annual review of this appendix and its recommendation for 
    changes will be presented to the Recombinant DNA Advisory Committee as 
    proposed amendments to the NIH Guidelines.
    Appendix B--Table 1.--Basis for the Classification of Biohazardous 
    Agents by Risk Group (RG)
    
    Risk Group 1 (RG1).....................  Agents that are not associated 
                                              with disease in healthy adult 
                                              humans.                       
    Risk Group 2 (RG2).....................  Agents that are associated with
                                              human disease which is rarely 
                                              serious and for which         
                                              preventive or therapeutic     
                                              interventions are often       
                                              available.                    
    Risk Group 3 (RG3).....................  Agents that are associated with
                                              serious or lethal disease for 
                                              which preventive or           
                                              therapeutic interventions may 
                                              be available (high individual 
                                              risk but low community risk). 
    Risk Group 4 (RG4).....................  Agents that are likely to cause
                                              serious or lethal human       
                                              disease for which preventive  
                                              or therapeutic interventions  
                                              are not usually available     
                                              (high individual risk and high
                                              community risk).              
                                                                            
    
    Appendix B-I. Risk Group 1 (RG1) Agents
        RG1 agents are not associated with disease in healthy adult humans. 
    Examples of RG1 agents include asporogenic Bacillus subtilis or 
    Bacillus licheniformis (see Appendix C-IV-A, Bacillus subtilis or 
    Bacillus licheniformis Host-Vector Systems, Exceptions), Eschenrichia 
    coli-K12 (see Appendix C-II-A, Escherichia coli K-12 Host-Vector 
    Systems, Exceptions), and adeno-associated virus types 1-4.
        Those agents not listed in Risk Groups (RGs) 2, 3 and 4 are not 
    automatically or implicitly classified in RG1; a risk assessment must 
    be conducted based on the known and potential properties of the agents 
    and their relationship to agents that are listed.
    Appendix B-II. Risk Group 2 (RG2) Agents
        RG2 agents are associated with human disease which is rarely 
    serious and for which preventive or therapeutic interventions are often 
    available.
    Appendix B-II-A. Risk Group 2 (RG2)--Bacterial Agents Including 
    Chlamydia
    --Acinetobacter baumannii (formerly Acinetobacter calcoaceticus)
    --Actinobacillus 
    --Actinomyces pyogenes (formerly Corynebacterium pyogenes)
    --Aeromonas hydrophila 
    --Amycolata autotrophica 
    --Archanobacterium haemolyticum (formerly Corynebacterium haemolyticum)
    --Arizona hinshawii--all serotypes
    --Bacillus anthracis 
    --Bartonella henselae, B. quintana, B. vinsonii 
    --Bordetella including B. pertussis 
    --Borrelia recurrentis, B. burgdorferi 
    --Burkholderia (formerly Pseudomonas species) except those listed in 
    Appendix B-III-A (RG3))
    --Campylobacter coli, C. fetus, C. jejuni 
    --Chlamydia psittaci, C. trachomatis, C. pneumoniae 
    --Clostridium botulinum, Cl. chauvoei, Cl. haemolyticum, Cl. 
    histolyticum, Cl. novyi, Cl. septicum, Cl. tetani 
    --Corynebacterium diphtheriae, C. pseudotuberculosis, C. renale 
    --Dermatophilus congolensis 
    --Edwardsiella tarda 
    --Erysipelothrix rhusiopathiae 
    --Escherichia coli--all enteropathogenic, enterotoxigenic, 
    enteroinvasive and strains bearing K1 antigen, including E. coli 
    O157:H7
    --Haemophilus ducreyi, H. influenzae 
    --Helicobacter pylori 
    --Klebsiella--all species except K. oxytoca (RG1)
    --Legionella including L. pneumophila
    --Leptospira interrogans--all serotypes
    --Listeria 
    --Moraxella 
    --Mycobacterium (except those listed in Appendix B-III-A (RG3)) 
    including M. avium complex, M. asiaticum, M. bovis BCG vaccine strain, 
    M. chelonei, 
    
    [[Page 1487]]
    M. fortuitum, M. kansasii, M. leprae, M. malmoense, M. marinum, M. 
    paratuberculosis, M. scrofulaceum, M. simiae, M. szulgai, M. ulcerans, 
    M. xenopi
    --Mycoplasma, except M. mycoides and M. agalactiae which are restricted 
    animal pathogens
    --Neisseria gonorrhoea, N. meningitidis 
    --Nocardia asteroides, N. brasiliensis, N. otitidiscaviarum, N. 
    transvalensis 
    --Rhodococcus equi 
    --Salmonella including S. arizonae, S. cholerasuis, S. enteritidis, S. 
    gallinarum-pullorum, S. meleagridis, S. paratyphi, A, B, C, S. typhi, 
    S. typhimurium
    --Shigella including S. boydii, S. dysenteriae, type 1, S. flexneri, S. 
    sonnei
    --Sphaerophorus necrophorus 
    --Staphylococcus aureus 
    --Streptobacillus moniliformis 
    --Streptococcus including S. pneumoniae, S. pyogenes
    --Treponema pallidum, T. carateum 
    --Vibrio cholerae, V. parahemolyticus, V. vulnificus
    --Yersinia enterocolitica 
    Appendix B-II-B. Risk Group 2 (RG2)--Fungal Agents
    --Blastomyces dematitidis 
    --Cladosporium bantianum, C. (xylohypha) trichoides
    --Cryptococcus neofomans 
    --Dactylaria galopava (Ochroconis gallopavum) 
    --Epidermophyton 
    --Exophiala (Wangiella) dermatitidis 
    --Fonsecaea pedrosoi
    --Microsporum 
    --Paracoccidioides braziliensis 
    --Penicillium marneffei 
    --Sporothrix schenckii 
    --Trichophyton 
    Appendix B-II-C. Risk Group 2 (RG2)--Parasitic Agents
    --Ancylostoma human hookworms including A. duodenale, A. ceylanicum
    --Ascaris including Ascaris lumbricoides suum
    --Babesia including B. divergens, B. microti
    --Brugia filaria worms including B. malayi, B. timori
    --Coccidia 
    --Cryptosporidium including C. parvum
    --Cysticercus cellulosae (hydatid cyst, larva of T. solium)
    --Echinococcus including E. granulosis, E. multilocularis, E. vogeli
    --Entamoeba histolytica 
    --Enterobius 
    --Fasciola including F. gigantica, F. hepatica
    --Giardia including G. lamblia
    --Heterophyes 
    --Hymenolepis including H. diminuta, H. nana
    --Isospora 
    --Leishmania including L. braziliensis, L. donovani, L. ethiopia, L. 
    major, L. mexicana, L. peruvania, L. tropica
    --Loa loa filaria worms
    --Microsporidium 
    --Naegleria fowleri 
    --Necator human hookworms including N. americanus
    --Onchoerca filaria worms including, O. volvulus
    --Plasmodium including simian species, P. cynomologi, P. falciparum, P. 
    malariae, P. ovale, P. vivax
    --Sarcocystis including S. sui hominis
    --Schistosoma including S. haematobium, S. intercalatum, S. japonicum, 
    S. mansoni, S. mekongi
    --Strongyloides including S. stercoralis
    --Taenia solium
    --Toxocara including T. canis
    --Toxoplasma including T. gondii
    --Trichinella spiralis
    --Trypanosoma including T. brucei brucei, T. brucie gambiense, T. 
    brucei rhodesiense, T. cruzi
    --Wuchereria bancrofti filaria worms
    Appendix B-II-D. Risk Group 2 (RG2)--Viruses
    Adenoviruses, Human--All Types
    Alphaviruses (Togaviruses)--Group A Arboviruses
    --Eastern equine encephalomyelitis virus
    --Venezuelan equine encephalomyelitis vaccine strain TC-83
    --Western equine encephalomyelitis virus
    Arenaviruses
    --Lymphocytic choriomeningitis virus (non-neurotropic strains)
    --Tacaribe virus complex
    --Other viruses as listed in the reference source (see Section V-C, 
    Footnotes and References of Sections I through IV)
    Bunyaviruses
    --Bunyamwera virus
    --Rift Valley fever virus vaccine strain MP-12
    --Other viruses as listed in the reference source (see Section V-C, 
    Footnotes and References of Sections I through IV)
    Calciviruses
    Coronaviruses
    Flaviviruses (Togaviruses)--Group B Arboviruses
    --Dengue virus serotypes 1, 2, 3, and 4
    --Yellow fever virus vaccine strain 17D
    --Other viruses as listed in the reference source (see Section V-C, 
    Footnotes and References of Sections I through IV)
    Hepatitis A, B, C, D, and E Viruses
    --Herpesviruses--except Herpesvirus simiae (Monkey B virus) (see 
    Appendix B-IV-D, Risk Group 4 (RG4)--Viral Agents)
    --Cytomegalovirus
    --Epstein Barr virus
    --Herpes simplex types 1 and 2
    --Herpes zoster
    --Human herpesvirus types 6 and 7
    Orthomyxoviruses
    --Influenza viruses types A, B, and C
    --Other tick-borne orthomyxoviruses as listed in the reference source 
    (see Section V-C, Footnotes and References of Sections I through IV)
    Papovaviruses
    --All human papilloma viruses
    Paramyxoviruses
    --Newcastle disease virus
    --Measles virus
    --Mumps virus
    --Parainfluenza viruses types 1, 2, 3, and 4
    --Respiratory syncytial virus
    Parvoviruses
    --Human parvovirus (B19)
    Picornaviruses
    --Coxsackie viruses types A and B
    --Echoviruses--all types
    --Polioviruses--all types, wild and attenuated
    --Rhinoviruses--all types
    --Poxviruses--all types except Monkeypox virus (see Appendix B-III-D, 
    Risk Group 3 (RG3)--Viruses and Prions) and restricted poxviruses 
    including Alastrim, Smallpox, and White-pox (see Section V-L, Footnotes 
    and References of Sections I through IV)
    --Reoviruses--all types including Coltivirus, human Rotavirus, and 
    Orbivirus (Colorado tick fever virus)
    Rhabdoviruses
    --Rabies virus--all strains
    --Vesicular stomatitis virus--laboratory adapted strains including VSV-
    Indiana, San Juan, and Glasgow
    Togaviruses (see Alphaviruses and Flaviviruses)
    --Rubivirus (rubella)
    Appendix B-III. Risk Group 3 (RG3) Agents
        RG3 agents are associated with serious or lethal human disease for 
    which preventive or therapeutic interventions may be available.
    
    [[Page 1488]]
    
    Appendix B-III-A. Risk Group 3 (RG3)--Bacterial Agents Including 
    Rickettsia
    --Bartonella
    --Brucella including B. abortus, B. canis, B. suis
    --Burkholderia (Pseudomonas) mallei, B. pseudomallei
    --Coxiella burnetii
    --Francisella tularensis
    --Mycobacterium bovis (except BCG strain, see Appendix B-II-A, Risk 
    Group 2 (RG2)--Bacterial Agents Including Chlamydia); M. tuberculosis
    --Pasteurella multocida type B--``buffalo'' and other virulent strains
    --Rickettsia akari, R. australis, R. canada, R. conorii, R. prowazekii, 
    R. rickettsii, R. siberica, R. tsutsugamushi, R. typhi (R. mooseri)
    --Yersinia pestis
    Appendix B-III-B. Risk Group 3 (RG3)--Fungal Agents
    --Coccidioides immitis (sporulating cultures; contaminated soil)
    --Histoplasma capsulatum, H. capsulatum var. duboisii
    Appendix B-III-C. Risk Group 3 (RG3)--Parasitic Agents
    None
    Appendix B-III-D. Risk Group 3 (RG3)--Viruses and Prions
    Alphaviruses (Togaviruses)--Group A Arboviruses
    --Semliki Forest virus
    --St. Louis encephalitis virus
    --Venezuelan equine encephalomyelitis virus (except the vaccine strain 
    TC-83, see Appendix B-II-D, Risk Group 2 (RG2)--Viruses)
    --Other viruses as listed in the reference source (see Section V-C, 
    Footnotes and References of Sections I through IV)
    Arenaviruses
    --Lymphocytic choriomeningitis virus (LCM) (neurotropic strains)
    Bunyaviruses
    --Hantaviruses including Hantaan virus
    --Rift Valley fever virus
    Flaviviruses (Togaviruses)--Group B Arboviruses
    --Japanese encephalitis virus
    --Yellow fever virus
    --Other viruses as listed in the reference source (see Section V-C, 
    Footnotes and References of Sections I through IV)
    Poxviruses
    --Monkeypox virus
    Prions
    --Transmissible spongioform encephalopathies (TME) agents (Creutzfeldt-
    Jakob disease and kuru agents) (for containment instruction, see 
    Section V-C, Footnotes and References of Sections I through IV)
    Retroviruses
    --Human immunodeficiency virus (HIV) types 1 and 2
    --Human T cell lymphotropic virus (HTLV) types 1 and 2
    --Simian immunodeficiency virus (SIV)
    Rhabdoviruses
    --Vesicular stomatitis virus
    Appendix B-IV. Risk Group 4 (RG4) Agents
        RG4 agents are likely to cause serious or lethal human disease for 
    which preventive or therapeutic interventions are not usually 
    available.
    Appendix B-IV-A. Risk Group 4 (RG4)--Bacterial Agents
    None
    Appendix B-IV-B. Risk Group 4 (RG4)--Fungal Agents
    None
    Appendix B-IV-C. Risk Group 4 (RG4)--Parasitic Agents
    None
    Appendix B-IV-D. Risk Group 4 (RG4)--Viral Agents
    Arenaviruses (Togaviruses)--Group A Arboviruses
    --Guanarito virus
    --Lassa virus
    --Junin virus
    --Machupo virus
    Bunyaviruses (Nairovirus)
    --Crimean-Congo hemorrhagic fever virus
    Filoviruses
    --Ebola virus
    --Marburg virus
    Flaviruses (Togaviruses)--Group B Arboviruses
    --Tick-borne encephalitis virus complex including Absetterov, Central 
    European encephalitis, Hanzalova, Hypr, Kumlinge, Kyasanur Forest 
    disease, Omsk hemorrhagic fever, and Russian spring-summer encephalitis 
    viruses
    Herpesviruses (alpha)
    --Herpesvirus simiae (Herpes B or Monkey B virus)
    
        Hemorrhagic fever agents and viruses as yet undefined.
    Appendix B-V. Animal Viral Etiologic Agents in Common Use
        The following list of animal etiologic agents is appended to the 
    list of human etiologic agents. None of these agents is associated with 
    disease in healthy adult humans; They are commonly used in laboratory 
    experimental work.
        A containment level appropriate for RG1 human agents is recommended 
    for their use. For agents that are infectious to human cells, e.g., 
    amphotropic and xenotropic strains of murine leukemia virus, a 
    containment level appropriate for RG2 human agents is recommended.
    Baculoviruses
    Herpesviruses
    --Herpesvirus ateles
    --Herpesvirus saimiri
    --Marek's disease virus
    --Murine cytomegalovirus
    Papovaviruses
    --Bovine papilloma virus
    --Polyoma virus
    --Shope papilloma virus
    --Simian virus 40 (SV40)
    Retroviruses
    --Avian leukosis virus
    --Avian sarcoma virus
    --Bovine leukemia virus
    --Feline leukemia virus
    --Feline sarcoma virus
    --Gibbon leukemia virus
    --Mason-Pfizer monkey virus
    --Mouse mammary tumor virus
    --Murine leukemia virus
    --Murine sarcoma virus
    --Rat leukemia virus
    
    F. Amendments to Appendix C, Exemptions Under Section III-E-6
    
        Appendix C-I-A is amended to read:
    Appendix C-I-A. Exceptions
        The following categories are not exempt from the NIH Guidelines: 
    (i) experiments described in Section III-A which require Institutional 
    Biosafety Committee approval, RAC review, and NIH Director approval 
    before initiation, (ii) experiments described in Section III-B which 
    require NIH/ORDA and Institutional Biosafety Committee approval before 
    initiation, (iii) experiments involving DNA from Risk Groups 3, 4, or 
    restricted organisms (see Appendix B, Classification of Human Etiologic 
    Agents on the Basis of Hazard, and Sections V-G and V-L, Footnotes and 
    References of Sections I through IV) or cells known to be infected with 
    these agents, (iv) experiments involving the deliberate introduction of 
    genes coding for the biosynthesis of molecules that are toxic for 
    vertebrates (see Appendix 
    
    [[Page 1489]]
    F, Containment Conditions for Cloning of Genes Coding for the 
    Biosynthesis of Molecules Toxic for Vertebrates), and (v) whole plants 
    regenerated from plant cells and tissue cultures are covered by the 
    exemption provided they remain axenic cultures even though they 
    differentiate into embryonic tissue and regenerate into plantlets.
        Appendix C-II-A is amended to read:
    Appendix C-II-A. Exceptions
        The following categories are not exempt from the NIH Guidelines: 
    (i) experiments described in Section III-A which require Institutional 
    Biosafety Committee approval, RAC review, and NIH Director approval 
    before initiation, (ii) experiments described in Section III-B which 
    require NIH/ORDA and Institutional Biosafety Committee approval before 
    initiation, (iii) experiments involving DNA from Risk Groups 3, 4, or 
    restricted organisms (see Appendix B, Classification of Human Etiologic 
    Agents on the Basis of Hazard, and Sections V-G and V-L, Footnotes and 
    References of Sections I through IV) or cells known to be infected with 
    these agents, may be conducted under containment conditions specified 
    in Section III-C-2, Experiments in which DNA from Risk Group 2, Risk 
    Group 3, Risk Group 4, or Restricted Agents is Cloned into 
    Nonpathogenic Prokaryotic or Lower Eukaryotic Host-Vector Systems, with 
    prior Institutional Biosafety Committee review and approval, (iv) large 
    scale experiments (e.g., more than 10 liters of culture), and (v) 
    experiments involving the cloning of toxin molecule genes coding for 
    the biosynthesis of molecules toxic for vertebrates (see Appendix F, 
    Containment Conditions for Cloning of Genes Coding for the Biosynthesis 
    of Molecules Toxic for Vertebrates).
        Appendix C-III-A is amended to read:
    Appendix C-III-A. Exceptions
        The following categories are not exempt from the NIH Guidelines: 
    (i) experiments described in Section III-A which require Institutional 
    Biosafety Committee approval, RAC review, and NIH Director approval 
    before initiation, (ii) experiments described in Section III-B which 
    require NIH/ORDA and Institutional Biosafety Committee approval before 
    initiation, (iii) experiments involving DNA from Risk Groups 3, 4, or 
    restricted organisms (see Appendix B, Classification of Human Etiologic 
    Agents on the Basis of Hazard, and Sections V-G and V-L, Footnotes and 
    References of Sections I through IV) or cells known to be infected with 
    these agents, may be conducted under containment conditions specified 
    in Section III-C-2, Experiments in which DNA from Risk Group 2, Risk 
    Group 3, Risk Group 4, or Restricted Agents is Cloned into 
    Nonpathogenic Prokaryotic or Lower Eukaryotic Host-Vector Systems, with 
    prior Institutional Biosafety Committee review and approval, (iv) large 
    scale experiments (e.g., more than 10 liters of culture), and (v) 
    experiments involving the deliberate cloning of genes coding for the 
    biosynthesis of molecules toxic for vertebrates (see Appendix F, 
    Containment Conditions for Cloning of Genes Coding for the Biosynthesis 
    of Molecules Toxic for Vertebrates).
        Appendix C-IV-A is amended to read:
    Appendix C-IV-A. Exceptions
        The following categories are not exempt from the NIH Guidelines: 
    (i) experiments described in Section III-A which require Institutional 
    Biosafety Committee approval, RAC review, and NIH Director approval 
    before initiation, (ii) experiments described in Section III-B which 
    require NIH/ORDA and Institutional Biosafety Committee approval before 
    initiation, (iii) experiments involving DNA from Risk Groups 3, 4, or 
    restricted organisms (see Appendix B, Classification of Human Etiologic 
    Agents on the Basis of Hazard, and Sections V-G and V-L, Footnotes and 
    References of Sections I through IV) or cells known to be infected with 
    these agents, may be conducted under containment conditions specified 
    in Section III-C-2, Experiments in which DNA from Risk Group 2, Risk 
    Group 3, Risk Group 4, or Restricted Agents is Cloned into 
    Nonpathogenic Prokaryotic or Lower Eukaryotic Host-Vector Systems, with 
    prior Institutional Biosafety Committee review and approval, (iv) large 
    scale experiments (e.g., more than 10 liters of culture), and (v) 
    experiments involving the deliberate cloning of genes coding for the 
    biosynthesis of molecules toxic for vertebrates (see Appendix F, 
    Containment Conditions for Cloning of Genes Coding for the Biosynthesis 
    of Molecules Toxic for Vertebrates).
        Appendix C-V-A is amended to read:
    Appendix C-V-A. Exceptions
        The following categories are not exempt from the NIH Guidelines: 
    (i) experiments described in Section III-A which require Institutional 
    Biosafety Committee approval, RAC review, and NIH Director approval 
    before initiation, (ii) experiments described in Section III-B which 
    require NIH/ORDA and Institutional Biosafety Committee approval before 
    initiation, (iii) experiments involving DNA from Risk Groups 3, 4, or 
    restricted organisms (see Appendix B, Classification of Human Etiologic 
    Agents on the Basis of Hazard, and Sections V-G and V-L, Footnotes and 
    References of Sections I through IV) or cells known to be infected with 
    these agents, may be conducted under containment conditions specified 
    in Section III-C-2, Experiments in which DNA from Risk Group 2, Risk 
    Group 3, Risk Group 4, or Restricted Agents is Cloned into 
    Nonpathogenic Prokaryotic or Lower Eukaryotic Host-Vector Systems, with 
    prior Institutional Biosafety Committee review and approval, (iv) large 
    scale experiments (e.g., more than 10 liters of culture), and (v) 
    experiments involving the deliberate cloning of genes coding for the 
    biosynthesis of molecules toxic for vertebrates (see Appendix F, 
    Containment Conditions for Cloning of Genes Coding for the Biosynthesis 
    of Molecules Toxic for Vertebrates).
        Appendix C-VI is amended to read:
    Appendix C-VI. Footnotes and References of Appendix C
        Appencix C-VI-A. The NIH Director, with advice of the RAC, may 
    revise the Appendix B classification for the purposes of these NIH 
    Guidelines (see Section IV-C-1-b-(2)-(b), NIH Director-Specific 
    Responsibilities). The revised list of organisms in each Risk Group is 
    reprinted in Appendix B.
    
    G. Amendments to Appendix H, Shipment
    
        Appendix H-III is amended to read:
    Appendix H-III. Footnotes and References of Appendix H
        For further information on shipping etiologic agents contact: (i) 
    The Centers for Disease Control and Prevention, ATTN: Biohazards 
    Control Office, 1600 Clifton Road, Atlanta, Georgia 30333, (404) 639-
    3883, FTS 236-3883; (ii) The U.S. Department of Transportation, ATTN: 
    Office of Hazardous Materials Transportation, 400 7th Street SW., 
    Washington, DC 20590, (202) 366-4545; or (iii) U.S. Department of 
    Agriculture, ATTN: Animal and Plant Health Inspection Service (APHIS), 
    Veterinary Services, National Center for Import-Export, Products 
    Program, 4700 River Road, Unit 40, Riverdale, MD 20737. Phone: (301) 
    734-8499; Fax: (301) 734-8226.
    
    H. Amendments to Appendix Q, Physical and Biological Containment for 
    Recombinant DNA Research Involving Animals
    
        Appendix Q-III-C is amended to read: 
        
    [[Page 1490]]
    
        Appendix Q-III-C. Risk Group 4 and restricted microorganisms (see 
    Appendix B, Classification of Human Etiologic Agents on the Basis of 
    Hazard, and Sections V-G and V-L, Footnotes and References of Sections 
    I through IV) pose a high level of individual risk for acquiring life-
    threatening diseases to personnel and/or animals. To import animal or 
    plant pathogens, special approval must be obtained from U.S. Department 
    of Agriculture, Animal and Plant Health Inspection Service (APHIS), 
    Veterinary Services, National Center for Import-Export, Products 
    Program, 4700 River Road, Unit 40, Riverdale, MD 20737. Phone: (301) 
    734-8499; Fax: (301) 734-8226.
        Laboratory staff shall be required to have specific and thorough 
    training in handling extremely hazardous infectious agents, primary and 
    secondary containment, standard and special practices, and laboratory 
    design characteristics. The laboratory staff shall be supervised by 
    knowledgeable scientists who are trained and experienced in working 
    with these agents and in the special containment facilities.
        Within work areas of the animal facility, all activities shall be 
    confined to the specially equipped animal rooms or support areas. The 
    maximum animal containment area and support areas shall have special 
    engineering and design features to prevent the dissemination of 
    microorganisms into the environment via exhaust air or waste disposal.
        OMB's ``Mandatory Information Requirements for Federal Assistance 
    Program Announcements'' (45 FR 39592, June 11, 1980) requires a 
    statement concerning the official government programs contained in the 
    Catalog of Federal Domestic Assistance. Normally, NIH lists in its 
    announcements the number and title of affected individual programs for 
    the guidance of the public. Because the guidance in this notice covers 
    not only virtually every NIH program but also essentially every Federal 
    research program in which DNA recombinant molecule techniques could be 
    used, it has been determined not to be cost effective or in the public 
    interest to attempt to list these programs. Such a list would likely 
    require several additional pages. In addition, NIH could not be certain 
    that every Federal program would be included as many Federal agencies, 
    as well as private organizations, both national and international, have 
    elected to follow the NIH Guidelines. In lieu of the individual program 
    listing, NIH invites readers to direct questions to the information 
    address above about whether individual programs listed in the Catalog 
    of Federal Domestic Assistance are affected.
    
        Effective Date: December 14, 1995.
    Harold Varmus,
    Director, National Institutes of Health.
    [FR Doc. 96-689 Filed 1-18-96; 8:45 am]
    BILLING CODE 4140-01-M
    
    

Document Information

Published:
01/19/1996
Department:
National Institutes of Health
Entry Type:
Notice
Action:
Notice of Actions under the NIH Guidelines for Research Involving Recombinant DNA Molecules (59 FR 34496, 59 FR 40170, 60 FR 20726).
Document Number:
96-689
Dates:
December 14, 1995. Harold Varmus, Director, National Institutes of Health. [FR Doc. 96-689 Filed 1-18-96; 8:45 am] BILLING CODE 4140-01-M
Pages:
1482-1490 (9 pages)
PDF File:
96-689.pdf