[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Pages 25361-25362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11839]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Office of Recombinant DNA Activities; Recombinant DNA Research:
Action Under the Guidelines
AGENCY: National Institutes of Health (NIH), PHS, DHHS.
ACTION: Notice of action under the NIH Guidelines for Research
Involving Recombinant DNA Molecules (NIH Guidelines).
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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 (59 FR 34496, amended 59
FR 40170, 60 FR 20762, 61 FR 1482, 61 FR 10004, 62 FR 4782, 62 FR
53335, 62 FR 56196, 62 FR 59032, 63 FR 8052, 63 FR 26018).
FOR FURTHER INFORMATION CONTACT: Background documentation and
additional information can be obtained from the Office of Recombinant
DNA Activities (ORDA), National Institutes of Health, MSC 7010, 6000
Executive Boulevard, Suite 302, Bethesda, Maryland 20892-7010, Phone
301-496-9838, FAX 301-496-9839. The ORDA web site is located at http://
www.nih.gov/od/orda/ for further information about the office.
SUPPLEMENTARY INFORMATION: Today's action is being promulgated under
the NIH Guidelines for Research Involving Recombinant DNA Molecules
(NIH Guidelines). The proposed action was published for comment in the
Federal Register on February 17, 1999 (64 FR 7964), and reviewed by the
NIH Recombinant DNA Advisory Committee (RAC) at its meeting on March
11, 1999.
I. Amendment to Appendix B-I, Risk Group 1 (RG1) Agents
I-A. Background Information and Decisions on Action Under the NIH
Guidelines
On December 11, 1998, ORDA received a facsimile from Dr. Margarita
C. Curras-Collazo, University of California at Riverside, Riverside,
California, requesting to lower the containment level (from Biosafety
Level (BL) 2 to 1) for recombinant adeno-associated virus (AAV) vectors
produced in the absence of helper viruses. Subsequent to this request,
ORDA received a telephone call from Ms. Brenda Wong, Biological Safety
Officer, University of California at San Diego, La Jolla, California,
asking that this request be reconsidered due to the potential of
insertional mutagenesis.
In response to this request, ORDA solicited the opinion of three
AAV experts and the RAC Chair. All three AAV experts and the RAC Chair
concurred that the BL1 level of physical containment is appropriate for
recombinant AAV vectors produced in the absence of helper viruses. The
rationale for this recommendation was based on the fact that
experiments involving certain recombinant retroviral vectors, which
insert randomly into the genome and could potentially cause insertional
mutagenesis, are designated as BL1 agents.
Appendix B-I, Risk Group 1 (RG1) Agents, currently reads:
``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), Escherichia
coli-K12 (see Appendix C-II-A, Escherichia coli K-12 Host Vector
Systems, Exceptions), and
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adeno-associated virus types 1 through 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-1, Risk Group 1 (RGI) Agents, is proposed to read:
``RGI 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), Escherichia
coli K-12 (see Appendix C-II-A, Escherichia coli K-12 Host Vector
Systems, Exceptions), adeno-associated virus types 1 through 4, and
recombinant AAV constructs, in which the transgene does no encode
either a tumor suppressor or a toxin molecule and are produced in the
absence of a helper virus.
``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.''
The proposed action was published in the Federal Register on
February 17, 1999 (64 FR 7964) for public comment.
On March 11, 1999, the RAC discussed the proposed action to
Appendix B-I with the opinions of AAV experts and the RAC Chair. A
motion was made to accept the proposed action that the BL1 physical
containment is appropriate for recombinant AAV vectors produced in the
absence of helper viruses with a minor change. In the last sentence of
the first paragraph delete ``tumor suppressor'' and insert
``potentially tumorigenic gene product.'' The motion passed by a vote
of 11 in favor, 0 opposed, and no abstentions.
The action is detailed in Section I-B--Summary of Action. I accept
the RAC recommendation, and the NIH Guidelines will be amended
accordingly.
I-B. Summary of Action
I-B-1. Amendment of Appendix B-1, Risk Group 1 (RG1) Agents
Appendix B-1 is to be amended to read:
``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), Escherichia
coli K-12 (see Appendix C-II-A, Escherichia coli K-12 Host Vector
Systems, Exceptions), adeno-associated virus (AAV) types 1 through 4,
and recombinant AAV constructs, in which the transgene does not encode
either a potentially tumorigenic gene product or a toxin molecule and
are produced in the absence of a helper virus.
``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.''
OMB's ``Mandatory Information Requirements for Federal Assistance
Program Announcements'' (45 FR 39592) 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 virtually every
NIH and Federal research program in which recombinant DNA 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.
Dated: April 29, 1999.
Harold Varmus,
Director, National Institutes of Health.
[FR Doc. 99-11839 Filed 5-10-99; 8:45 am]
BILLING CODE 4140-01-M