THURSDAY, SEPTEMBER 9, 1976 ™~ ol gt ARRTION,, PART Il: DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE National Institutes of Health RECOMBINANT DNA RESEARCH GUIDELINES Draft Environmental Impact Statement 38 126 DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE National Institutes of Health RECOMBINANT DNA RESEARCH GUIDELINES Draft Environmental! Impact Statement On Wednesday, June 23, 1976, the Director of the National Institutes of Health, with the concurrence of the Sec- retary of Health, Fducation, and Welfare and the Assistant Secretary for Health, issued Guidelines that will govern the conduct of NIH-supported researcn on recombinant DNA molecules. The decision by the NIH Director to release the Guidelines was reached after extensive scientific and public airing of the issues. The issues were discussed at public meetings of the Recombinant DNA Molecule Program Advisory Committee (Recombinant Advisory Committee) and the Advisory Committee to the NIH Director. The Recombinant Advisory Committee debated three different ver- sions of the Guidelines during this period, and made detailed recommendations to the NIH Director on how this line of re- search could proceed effectively with maximum protection of workers and the environment against possible hazards. The Advisory Committee to the NIH Director, augmented with consultants representing law, ethics, consumer af- fairs, and the environment, was asked to advise on whether the proposed Guide- lines balanced responsibility to protect the public with the potential benefits through the pursuit of new knowledge. The many points of view expressed at an open meeting of the Committee on Feb- ruary 9 and 10, 1976, and in subsequent correspondence, were taken into con- sideration in the Director’s decision. A number of public commentators urged NIH to consider preparing an en- vironmental impact statement on re- combinant DNA research activity. They evoked the possibility that organisms containing recombinant DNA molecules might escape and affect the environment in potentially harmful ways. It should be noted that the development of the guide- lines was in large part tantamount to conducting an environmental impact assessment. For example, the objectives of recombinant DNA research were con- sidered and the potential hazards and risks analyzed. Possible alternative ap- proaches to the cbjectives were thor- oughly explored, to maximize safety and minimize potential risks. And an elab- orate review structure to ensure safety has been created. She Guidelines are premised on physi- cal and biological containment to pre- vent the release or propagation of DNA recombinants outside the laboratory. Deliberate release of organisms into the environment is prohibited. The stipulated physical and biological containment en- sures that this research will proceed with a high degree of safety and precaution. With a view to promoting public un- derstanding of its issuance of the Guide- lines, NIH conducted an environmental impact assessment and prepared the NOTICES present draft environmental impact statement in accordance with the Na- tional Environmental Policy Act of 1969. Notice of the availability of this docu- ment appeared in the FEDERAL REGISTER of September 2. In order to extend the opportunity for public comment and consideration, the present draft environmental impact statement is offered for general comment. Please address any comments on this draft statement to the Director, National Institutes of Health. 9000 Rockville Pike, Bethesda, Maryland 20014. All comments should be submitted by October 18, 1976. Additional copies of this draft are available from Dr. Rudolf G. Wanner, Associate Director for Environmental Health and Safety, Building 12A, Room 4051, National Institutes of Health, 9000 Rockville Pike, Bethesda, Maryland 20014, Dated: August 26, 1976. Dona.p 8S, FREDRICKSON, Director, National Institutes of Health. DraFrTt ENVIRONMENTAL IMPACT STATEMENT GUIDELINES FOR RESEARCH INVOLVING RE- COMBINANT DNA MOLECULES NATIONAL INSTITUTES OF HEALTH BETHESDA, MARYLAND August 19, 1976 GUIDELINES FOR RESEARCH INVOLVING RECOMBINANT DNA MOLECULES National Institutes of Health, Public Health Service, DHEW, Bethesda, Maryland (X)} Draft ( Impact Statement. ) Final Environmental Name of Action (XX) Administrative ( Action. ) Legislative Additional Information Additional information on the proposed action, including technical documents perti- nent to this statement may be obtained from: Dr. Donald S. Fredrickson, Director. Na- tional Institutes of Health, 9000 Rockville Pike, Bethesda, Maryland 20014, Tele- phone: (301) 496-2433. A copy of the “Guidelines for Research Involving Recombinant DNA Molecules’ is attached. (Appendix D) COMMENTS The Department, in issuing this draft, is requesting comments on the accuracy of the factual information (including the absence of relevant material) and projections con- tained therein. Comments shall be submitted by October 18, 1976, the Council on Environ- mental Quality weekly notice in the FEpERAL Recister. Address comments to Dr. Donald S. Fredrickson. CONTENTS I. Foreword. II. Authority. III. Objective of the NIH Action. IV. Background. A. Description of the recombinant DNA experimental process. B. Events leading to the development of guidelines. C. Description of issues raised by re- combinant DNA research. 1. Possible hazardous situations. 2. Expected benefits of DNA recom- binant research. 8. Long-range implications, 4. Possible deliberate misuse. V. Description of the proposed action. VI. Description of alternatives. A. No action. B. NIH prohibition of funding of all experiments with recombinant DNA. C,. Development of different guidelines. D. No guidelines but NIH consideration of each proposed project on an in- dividual basis before funding. E. General Federal regulation of ali such research. VII. Environmental impact of the guidelines. A. Impact of issuance of NIH guide- lines. 1. Impact on the safety of labora- tory personnel and on the spread of possibly hazardous agents by infected laboratory personnel. 2. Impact on spread of possibly agents. 3. Cost impact. 4. Secondary impacts. the environmental hazardous B. Impact of experiments conducted under the guidelines. 1. Possible undesirable impacts. 2. Beneficial impacts of DNA recom- binant research. APPENDICES A. Glossary. B. Suggested references for additional reading. Cc. Documents describing the imple- mentation of the guidelines. D. “Recombinant DNA Research” con- taining ‘‘Decision of the Director, National Institutes of Health to Release Guidelines for Research on Recombinant DNA Molecules” and “Guidelines for Research In- volving Recombinant DNA Mole- cules” as published in the FEDERAL REGISTER, Part II, July 7, 1976. ForREWoORD Recent developments in molecular genetics, particularly in the last 4 years, open avenues to science that were previ- ously inaccessible. In the “recombinant DNA” experiments considered here. genes—deoxyribonucleic acid (DNA) molecules—from virtually any living organism can be transferred to cells of certain completely unrelated organisms. For example, the genes from one species of bacteria have been transferred to bacteria of another species. And genes from toads and from fruit flies have been introduced into the bacterium Escherichia coli. If the recipient bacterium is then allowed to multiply. it will propagate these newly acquired genes as part of its own genetic complement. It appears likelv that any kind of gene from any kind of organism could be introduced into EF. coli and certain other organisms. This ability to join together genetic material from two different sources and to propagate these hybrid elements in bacterial and animal cells has resulted in a profound and qualitative change in the field of genetics. Now, for the first time, there is a methodology for crossing very large evolutionary boundaries, and for moving genes between organisms that are believed to have previously had little genetic contact. FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 The promise of recombinant DNA research for better understanding and improved treatment of human disease is great. There is also a possible risk that microorganisms with foreign genes might cause disease or alter the environment should they escape from the laboratory and infect human beings, animals, or plants. However, in the absence of fur- ther experimental data neither the bene- fits nor the risks can be precisely identi- fied or assessed. . On June 23, 1976, the Director of the National Institutes of Health released Guidelines governing the conduct of NIH-supported research on recombinant DNA molecules (See Appendix D). Pro- mulgation of these Guidelines followed 2 years of intensive discussion and debate within the scientific community and NIH itself, with public participation, concern- ing the possible hazards of such research and the best means for averting them, al- though the possible hazards remain speculative. The Guidelines prohibit cer- tain kinds of recombinant DNA experi- ments and, for those experiments that are permitted, they specify safety pre- cautions and conditions designed to pro- tect the health of laboratory workers, the general public, and the environment should the putative hazards prove real. The issuance of Guidelines establish- ing conditions and precautions with re- spect to such experiments is viewed by NIH as a Federal action that may significantly. affect the quality of the human environment, and NIH Director Dr. Donald 8. Fredrickson ordered the preparation of this statement pursuant to the National Environmental Policy Act. Although NEPA assumes that such Federal actions will not be taken until the NEPA procedures are completed, the Director of NIH concluded that the pub- lic interest required immediate issuance of the Guidelines, rather than deferral for the months that would be required for completion of the NEPA process. This was because the escape of potentially hazardous organisms was more likely in the absence of NIH action. Further, prompt issuance of the Guidelines was believed necessary in order to promote their acceptance by scientists in the United States and abroad who do not come under the purview of NIH. Issuance of and compliance with the Guidelines is, in itself, expected to de- crease the chance of any detrimental environmental impact. However, since there has been little actual experience to date with recombinant DNA experiments, the indicated confidence in the Guide- lines rests essentially upon the judgment of scientists. Their confidence is based on two premises. First, it is believed that the containment measures specified in the Guidelines make the escape of poten- tially harmful recombinant organisms into the environment highly improbable. Second, it is believed that, even if an experiment performed in accordance with the Guidelines does result in acci- dental release of recombinant organisms, adverse effects will either not occur or not be serious. NOTICES In the absence of an adequate base of data derived from either experiments or experience, it must be recognized that future events may not conform to these judgments. There is some statistical probability that recombinant organisms will find their way into the environment either from experiments under NIH auspices or from the activities of others. It is not difficult to construct scenarios in which injury could result. Although the possibility of significant environmental consequences is entirely speculative, the chance of an event that could cause severe injury, however low the probabil- ity, must be treated as an environmental impact. The NIH Guidelines, in addition to en- suring the safety of NIH-supported re- searchers, the general public and the environment, are serving as a model for other laboratories throughout the world, thereby promoting environmental pro- tection beyond that achievable through other actions available to the Federal Government. And the experiments them- selves may be expected ultimately to lead to an increase of knowledge and the ad- vancement of medicine and other sciences. Although the action in question—that is, issuance of the Guidelines—has al- ready been taken, the Director of NIH believes that the NEPA review will fur- ther enlighten the public and focus at- tention on the important issues involved, in the interest of gaining the under- standing and views of the broadest pos- sible segment of the American people. In issuing the Guidelines, the NIH Director pointed out that they will be subject to continuous review and modification in the light of changing circumstances. Constructive modification could result from information received during the NEPA process. II. AUTHORITY The Federal action discussed in this document is taken under the authority of Title III of the Public Health Service Act—General Powers and Duties of Public Health Service; Part A—Re- search and Investigation; sections 301 and 307 (42 U.S.C. 241 and 242]). III. OBJECTIVE OF THE NIH AcTION The objective of the proposed action— release of the NIH Guidelines—is the protection of laboratory workers, the general public, and the environment from infection by possibly hazardous agents that may result from re- combinant DNA research. The Guide- lines are meant to ensure that experi- ments involving recombinant DNA molecules and which are supported by NIH, are carried out under conditions and safeguards that minimize the possi- bility of the harmful exposure of any human being or other component of the environment to these possibly hazardous agents. It is NIH policy that all work sup- ported by NIH, either in its own labora- tories or through grants or contracts to various organizations, must be carried out according to the Guidelines. As part 38427 of this objective, the Guidelines describe procedures that will be used to ensure implementation. A further objective of establishing the Guidelines is to in- fluence, to the extent possible, other Federal, non-Federal, and foreign or- ganizations in their efforts to assure that recombinant DNA experiments will be carried out with minimal risk to labora- tory workers, the general public, and the’ environment. IV. Backcrounp A. DESCRIPTION OF THE RECOMBINANT DNA EXPERIMENTAL PROCESS All living things, from subcellular particles to higher organisms, require specific information for their reproduc- tion and functions. The basic source of this information is deoxyribonucleic acid (DNA), which is the principal substance of the genes, the units of heredity (1). Each cell of an organism is composed of various organized structures, several of which contain DNA. Figure IV-1 il- lustrates a typical cell. FIGURE IV-12 DNA plays two roles: (1). Provides in- formation for the reproduction, growth, and functions of the cell, and (2) pre- serves and directs replication of this in- formation and transfers it to the off- spring. These two roles of DNA are com- mon to animals, plants, single-cell or- ganisms, and many viruses. The DNA of cells is mainly found in organized struc- tures called chromosomes. IntraceNular DNA also occurs cutside of the chromosomes as separately rep- licating molecules. Such DNA molecules include the plasmids, found in bacteria; the DNA of chloroplasts, common to green plants; and the DNA of mito- chondria, the energy-preducing units of the cells of complex organisms. These DNAs, while not strictly part of the in- herent genetic make-up of a cell, help define the cell's functional capability. Another type of DNA commonly found in cells is the DNA of infecting viruses. In the past 30 years the structure of the DNA molecule has been studied in- FEDERAL REGISTER, VOL. 41, NO. 176-—THURSDAY, SEPTEMBER 9, 1976 38428 tensively, and it can now be described in much detail. The molecule may be com- pared to a very long, but twisted step- ladder with thousands to millions of rungs (shown in Figure IV—2). The sides of the ladder are formed of sugar mole- cules (deoxyribose) attached end to end through phosphate groups. At right angles to each sugar molecule is one of four possible bases—adenine, guanine, thymine, and cytosine. The precise se- quence of these bases, the rungs of the ladder, codes the information content. The “reading” of the code contained in the sequence of bases results in the for- mation of proteins which in turn permit the essential functions of the cell. A gene is a portion of the DNA mole- cule which codes for the manufacture of a single protein. In higher organisms, much of the DNA may not serve as genes in this sense, but may regulate the activity of nearby genes. It is possible to break open cells and isolate DNA, free of other cellular constituents. Ficure IV-2 In recombinant DNA _ experiments, DNA is first isolated from two different cell types. Each DNA is then broken into segments. Each segment may contain one or more genes, or it may contain a por- tion of the DNA that lacks functional genes. The breaking is‘accomplished by means of bacterial enzymes (restriction endonucleases), which cut the DNA in such a way that the chemical structure at the ends of the segments permits in- terchangeable rejoining when the two different DNAs are mixed. In this way single ‘DNA molecules containing por- tions of the two different DNAs are con- structed. The DNA recombined in these experiments can be derived from widely divergent sources. The DNA from one of the sources serves as a carrier, or vector, for the insertion of the recombined DNA into a cell, or host. The vector may be DNA from a virus or a plasmid, usually derived from the same species as will serve as the host of the recombinant DNA. From a growth culture of the host cells, those containing the DNA frag- ment of particular interest are selected NOTICES and allowed to multiply. The resulting population of identical cells is called a “clone.” In some experiments the DNA will be extracted from the cells for study; in others, the properties of the celis themselves will be investigated. In the experiments discussed in the Guidelines, the host cells are generally single-cell microorganisms such as bac- teria, or animal or plant cells that were originally obtained from living tissue but are grown as single cells under special laboratory conditions. The process of producing recombinant DNA molecules and introducing them into cells is illustrated in Figure IV-3. > ts eS ce = O = wince ~om.. -—,." Pacorinnt OMA, Ficure I[V-3 The cell represented at the upper left con- tains chromosomal DNA and several sep- arately replicating DNA molecules. The non- chromosomal DNA molecules can be isolated from the cell and manipulated to serve as vectors (carriers) for DNA from a foreign cell. Most DNA molecules used as vectors are circular. They can be cleaved, as shown, by enzymes (restriction endonucleases) to yleld Hnear molecules with rejoinable ends. At the upper right is another cell, repre- sented here as a rectangle. It serves as the source of the foreign DNA to be inserted in the vector. This DNA can also be cleaved by enzymes. The rectangular cell could be de- rived from any living species, and the foreign DNA might contain chromosomal or non- chromosomal DNA, or both. In the next steps, the foreign DNA frag- ment is mixed and combined with the vector DNA, and the recombinant DNA Is reinserted into a host cell. In most experiments this host cell will be of the same species as the source of the vector. The recipient cells are then placed under conditions where they grow and multiply by division. Each new cell will contain recombinant DNA, B. EVENTS LEADING TO DEVELOPMENT OF GUIDELINES On June 23, 1976, the Director, NIH, released “National Institutes of Health Guidelines for Research Involving Re- combinant DNA Molecules” (see Appen- dix D). This action was approved by the Secretary of Health, Education, and Wel- fare and the Assistant Secretary for Health. The Guidelines established care- fully controlled conditions for the con- duct of experiments involving the inser- tion of recombinatn genes into orga- nisms, such as bacteria. The chronology leading to the present Guidelines and the decision to release them are out- lined below. It was some of the scientists engaged in recombinant DNA research who called for a moratorium on certain kinds of ex- periments in order to assess the risks and devise appropriate guidelines. The capability to perform DNA recombina- tions, and the potential hazards, had be- come apparent at the Gordon Research Conference on Nucleic Acids in July 1973. Those in attendance voted to send an open letter to Dr. Philip Handler, Presi- dent of the National" Academy of Sciences, and to Dr. John R. Hogness, President of the Institute of Medicine, NAS. The letter, appearing in “Science” (2), suggested that the Academy “estab- lish a study committee to consider this problem and to recommend specific ac- tions or guidelines, should that seem appropriate.” In response, NAS formed a committee, and its members published another letter in “Science” in July of 1974 (3). Under the title “Potential Biohazards of Re- combinant DNA Molecules,” the letter proposed: First, and most important, that until the potential hazards of such recombinant DNA molecules have been better evaluated or until adequate methods are developed for prevent- ing their spread, scientists throughout the world join with the members of this com- mittee in voluntarily deferring * * * [cer- tain] experiments * * *. Second, plans to link fragments of ani- meal DNAs to bacterial plasmid DNA or bacteriophage DNA should be carefully weighed * * *, Third, the Director of the National In- stitutes of Health is requested to give im- mediate consideration to establishing an ad- visory committee charged with (1) oversee- ing an experimental program to evaluate the potential biological and ecological haz- ards of the above types of recombinant DNA molecules; (ii) developing procedures which will minimize the spread of such molecules within human and other populations; and (fli) devising guidelines to be followed by in- vestigators working with potentially hazard- ous recombinant DNA molecules. Fourth, an international meeting of in- volved scientists from all over the world should be convened early in the coming year to review scientific progress in this area and to further discuss appropriate ways to deal with the potential biohazards of recom- binant DNA molecules. On October 7, 1974, the NIH Recom- binant DNA Molecule Program Advisory Committee (hereafter “Recombinant Advisory Committee’) was established to advise the Secretary of HEW, the As- sistant Secretary for Health, and the Bi- rector of NIH” concerning a program for developing procedures which will minimize the spread of such molecules within human and other populations, and for devising guidelines to be followed by investigators working with potentially hazardous recombinants.” The international meeting proposed in the “Science” article (2) was held in February 1975 at the Asilomar Confer- ence Center, Pacific Grove, California. It was sponsored by the National Academy of Sciences and supported by the Na- tional Institutes of Health and the Na- tional Science Foundation. One hundred and fifty people attended, including 52 foreign scientists from 15 countries, 16 representatives of the press, and 4 attorneys. , The conference reviewed progress in research on recombinant DNA molecules and discussed ways to deal with the po- tential biohazards of the work. Partic- ipants felt that experiments on con- FEDERAL REGISTER, VOL. 41, NO. 176-—-THURSDAY, SEPTEMBER 9, 1976 struction of recombinant DNA moile- cules should proceed: Provided, that ap- propriate containment is utilized. The conference made recommendations for matching levels of containment with levels of possible hazard for various types of experiments. Certain experiments were judged to pose such serious poten- tial dangers that the conference recom- mended against their being conducted at the present time. A report on the conference was sub- mitted to the Assembly of Life Sciences, National Research Council, NAS, and approved by its Executive Committee on May 20, 1975. A summary statement of the report (4) was published in “Science, Nature,” and the “Proceedings of the National Academy of Sciences.” The re- port noted that “in many countries steps are already being taken by national bodies to formulate codes of practice for the conduct of experiments: with known or potential bichazards. Until these are established, we urge individual scientists to use the proposals in this document as a guide.” The NIH Recombinant Advisory Com- mittee held its first meeting in San Fran- cisco immediately after the Asilomar conference. It proposed that NIH use the recommendations of the Asilomar con- ference as guidelines for research until the committee had an opportunity to elaborate more specific guidelines, and that NIH establish a newsletter for in- formal distribution of information. NIH accepted these recommendations. At the second meeting, held on May 12-13, 1975, in Bethesda, Maryland, the committee received a report on biohaz- ard-containment facilities in the United States and reviewed a proposed NIH contract program for the construction and testing of microorganisms that would have very limited ability to survive in natural environments and would thereby limit any possible hazards. A subcom- mittee chaired by Dr. David Hogness was appointed to draft guidelines for research involving recombinant DNA molecules, to be discussed at the next meeting. The NIH committee, beginning with the draft guidelines prepared by the Hog- ness subcommittee, prepared proposed guidelines for research with recombinant DNA molecules at its third meeting, held on July 18-19, 1975, in Woods Hole, Massachusetts. Following this meeting, many letters were received which were critical of the guidelines. The majority of critics felt that they were too lax, others that they were too strict. The committee reviewed all letters, and a new subcommittee, chaired by Dr. Elizabeth Kutter, was ap- pointed to revise the guidelines. A fourth committee meeting was held on December 4-5, 1975, in La Jolla, Cali- fornia. For this meeting a ‘‘variorum edi- tion” had been prepared, comparing line- for-line the Hogness, Woods Hole, and Kutter guidelines. The committee re- viewed these, voting item-by-item for their preference among the three varia- tions and, in many cases, adding new material. The result was the “Proposed Guidelines for Research Involving Re- NOTICES combinant DNA Molecules,” which were referred to the Director, NIH, for a final decision in December 1975. The Director of the National Institutes of Health called a special meeting of the Advisory Committee to the Director to review these proposed guidelines. The meeting was held at NIH, Bethesda, on February 9-10, 1976. The Advisory Com- mittee is charged to advise the Director, NIH, on matters relating to the broad setting—scientific, technological, and socioeconomic—in which the continuing development of the biomedical sciences, education for the health professions, and biomedical communications must take place, and to advise on their implica- tions for NIH policy, program develop- ment, resource allocation, and admin- istration. The members of the committee are knowledgeable in the fields of basic and clinical biomedical sciences, the so- cial sciences, physical sciences, research, education, and communications. In addi- tion to current members of the commit- tee, the Director, NIH, invited a number of former committee members as well as other scientific and public representa- tives to participate in the special Feb- ruary session. The purpose of the meeting was to seek the committee’s advice on the guidelines proposed by the Recombinant Advisory Committee. The Advisory Committee to the Director was asked whether, in their judgment, the guidelines balanced scientific responsibility to the public with scientific freedom to pursue new knowl- edge. Public responsibility weighs heavily in this genetic research area. The scientific community must have the public’s con- fidence that the goals of this profoundly important research accord respect to im- portant ethical, legal, and social values of our society. A key element in achiev- ing and maintaining this public trust is for the scientific community to ensure an openness and candor in its proceedings. Representatives of the international press were invited to the Asilomar con- ference, and the proceedings received ex- tensive coverage. The meetings of the Di- rector’s Advisory Committee and the Recombinant Advisory Committee have also reflected the intent of science to be an open community in considering the conduct of recombinant DNA experi- ments. Notification of all the meetings was published in the FEDERAL REGISTER and all the meetings were attended and reported by representatives of the press. At the Director’s Advisory Committee meeting, there was ample opportunity for comment and an airing of the issues, not only by the committee members but by public witnesses as well. All major points of view were broadly represented. The guidelines were reviewed in light of the comments and suggestions made by participants at that meeting, as well as the written comments received after- ward. As part of that review the Recom- binant Advisory Committee was asked to consider at its meeting of April 1-2, 1976, a number of selected issues ralsed by the commentators. Those issues and the response of the Recombinant Ad- 38429 visory Committee were taken into ac- count in arriving at the final decision on the Guidelines. The history of the events and discus- sions leading to the development of the Guidelines are described in greater de- tail in the “Decision of the Director, NIH,” published as a preamble to the Guidelines in the FepERAL REGISTER, Part II, July 7, 1976 (See Appendix D). C. DESCRIPTION OF ISSUES RAISED BY RECOMBINANT DNA RESEARCH 1. Possible hazardous situations. The stable insertion of DNA derived from a different species into a cell or virus (and therefore the progeny thereof) may change certain properties of the host. The changes may be advantageous, detri- mental, or neutral with regard to (a) the survival of the recipient species, (b) other forms of life that come in contact with the recipient and (c) aspects of the nonliving environment. Current knowl- edge does not permit accurate assess- — ment of whether such changes will be advantageous, detrimental or neutral, and to what degree, when considering a particular recombinant DNA experiment. At present it is only possible to speculate on ways in which the presence of recom- binant DNA in a cell or virus could bring about these effects. It should be empha- sized that there is no known instance in which a hazardous agent has been created by recombinant DNA technology. The following discussion is speculative and consider ways in which hazardous agents might be produced. a. The effect of foreign DNA on the survival of recipient species (host cells or viruses). The effect of foreign DNA on the survival of recipient species is im- portant to the discussion of possible haz- ards of recombinant DNA experiments because although a recipient species may acquire a potential for harmful effects as a result of the foreign DNA, the possi- bility that the harmful effect will occur will depend on the survival of the recipi- ent and its ability to multiply. If acqui- sition of foreign DNA increases the prob- ability of survival and multiplication the ‘possibility of harmful effects will in- crease. Similarly, if acquisition of for- eign DNA decreases the probability of survival or multiplication, the possibility of harmful effects will decrease. It is important to recognize, in evaluating the potential for harmful effects, that sig- nificant infections of animals and plants by bacteria or viruses May require con- tact with either a large or small number of the infectious agent. derending on the agent. . There are various indications that bac- teria and viruses containing inserted for- eign DNA are less likely to survive and multiply than are the original organisms. Natural evolution results in the survival of well-balanced and efficient organisms. Essential functions are carefully con- trolled, and can be switched on and off as needed. It is unlikely that uncon- trolled, nonessential properties such as might be introduced by foreign genes would result in any advantage to the survival and multiplication of an other- FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 38430 wise well-balanced organisms. It is more likely that the new properties accom- panying insertion of foreign genes will confer some relative disability to the recipient organisms. Therefore it is likely that bacterial cells containing inserted foreign DNA will multiply more slowly than the same cells without foreign DNA. Thus, in a natural competitive environ- ment, bacteria containing recombinant DNA would generally be expected to dis- appear. The rate of disappearance will depend on the relative rate of growth compared to other, competing bacteria. The following calculation demonstrates this point. Assume that a new organism constitutes 90 percent of a population, but grows 10 per- cent less rapidly than its natural counter- part. The new organism will drop from a con- centration of 90 percent to a concentration of 0.0001 percent (1 part in 1,000,000) in 207 generations. If the generation time of the natural organism is one hour, this amounts to about 8 days. One example of a situation in which the capability of recipient bacterial host cells to survive may be significantly in- creased as the result of the presence of a foreign DNA is the case of resistance to antibiotics and drugs. It is well known that such resistance is often genetically determined and genes specifying resist- ance have been described. Furthermore it is well known that such genes may be transferred, by natural DNA recombina- tion, from one species of microorganism to another. Such natural events are in fact responsible for the rapid and wide spread of resistance to clinically im- portant drugs that has been observed during the last 20 years. The ability of recipient bacterial host cells to survive and multiply might also be enhanced by acauisiton and expres- sion of a foreign gene conferring the ability to metabolize particular nu- trients. In an environmental niche con- taining the metabolite, such a recombi- nant might compete succesfully against organisms native to the niche. This could result in destruction of an environ- mental component—that is, the metabo- lite. Also, if the native organisms were performing beneficial functions, those functions could be lost upon the success- ful establishment of the recombinant in the niche. b. The effect of bacteria and viruses containing recombined DNA on other forms of life. The analysis leading to the Guidelines centered on the possibility of deleterious effects, since the concern was the health and safety of living orga- nisms, including humans, and the en- vironment. Agents constructed by re- combinant DNA technology could prove hazardous to other forms of Hfe by be- coming pathogenic (disease-producing) or toxigenic (toxin-producing), or by be- coming more pathogenic or toxigenic than the original agent. There are two basic mechanisms by which a recipient microorganism might be altered with regard to its patho- genicity or toxicity as a result of a resi- dent recombinant: (1) The recombinant DNA may result in formation of a protein that has un- NOTICES desirable effects. The case in which bac- terial cells are used as carriers of foreign DNA is discussed first. A foreign protein, specified by the foreign DNA, might act after being liberated from the micro- organism, or it could function within the microorganism and alter, secondarily, normal microbial cell function in such a way that the cell is rendered harmful to other living things. Either means depends on the expression of the foreign genes; that is, the information in the foreign genes must be used by the recipient bac- terium to produce a foreign protein. Examples of protein that might prove harmful to other organisms are hor- mones, enzymes and toxins. The weight of present evidence sug- gests that foreign DNA from bacteria of one species, when inserted into bacteria of another species, may be expressed in the recipient. For example, if the donor of the foreign DNA produces a toxic sub- stance, then the recipient call may pro- duce such a substance if the gene for the toxic substance is present in the re- combinant. The recipient may or may not be more hazardous than the original donor organism, depending on the rela- tive ability of the two organisms to grow and infect an animal or plant species at risk. The évidence available at present is in- sufficient to predict whether or not for- eign genes derived from a complex orga- nism (animals, plants, yeasts, and fungi) will be expressed in a bacterium.in any particular instance. It may be that spe- cific manipulations will be required to permit bacteria to express information of a foreign DNA efficiently. Faithful ex- pression of a gene requires accurate func- tioning of the complex bacterial machin- ery involved in protein synthesis. At each step, specific signals originating in the foreign gene must be recognized by the bacterial machinery. Evolutionar, diver- gence has resulted in different signals in bacteria and complex organisms. Attempts to translate animal virus and animal cell genes into portein, using cell- free systems containing the protein- synthesizing machinery isolated from bacteria such as E. coli yield some pro- tein-like products. The protein products characterized to date were not faithful products of the information in the genes. In a few cases, intact bacteria contain- ing recombined genes from complex or- ganisms have been tested for evidence of expression of the inserted gene. By and large, accurate expression of the genes has not yet been demonstrated, although it may occur at a low frequency. In some instances, a new protein has been found, replacing one encoded by a bacterial gene. This result is expected if a bacterial gene is interrupted by insertion of the new DNA sequence within it, and does not necessarily indicate expression of the foreign gene. DNA fragments from yeast have been inserted into a strain of the bacterium EF. coli which cannot manu- facture the amino acid histidine (5). (Histidine is a component of most pro- teins and therefore is required for the growth of all organisms.) After insertion, some cells no longer required histidine; thus, the presence of the yeast DNA over- came the requirement for histidine. This is the first suggestion that a foreign gene from an organism more complex than bacteria may actually function in a bacterial cell. (Although yeast is a single- cell organism, it contains an organized nucleus like cells of higher organisms.) However, the detailed mechanism ex- plaining this observation is unknown. Analogous issues must be considered for the case in which animal viruses are the carriers of foreign DNA. Many viruses are simply described as DNA molecules enclosed and protected by coats of pro- tein molecules. The protein coat protects the DNA from environmental effects, thus increasing the ability of the viral DNA to infect a cell. If viral DNAs are re- combined with foreign DNAs in such a way that necessary viral genes remain intact, then the recombinant DNA may in turn be able to produce, and be packaged in, the coat of the virus. Inadvertent dis- persal of such a viral particle outside of the laboratory might then result in entry of the recombinant DNA into cells of living organisms. The foreign genes may be expressed, resulting in the formation of a protein foreign to the infected cell, or the uncontrolled synthesis of a normal protein. The likelihood of expression of the foreign genes will probably depend on the degree of relatedness between its source and the infected organism as well as its location in the viral DNA used as vector. Currently, few if any relevant ex- perimental data are available so that estimates of the probability of expression are, in these instances, impossible. (2) The recombined DNA may itself cause pathogenic or toxic effects. Foreign DNA inserted in a bacterial gene, might so alter the microbial cell’s properties that it becomes harmful to other orga- nisms. This might happen, for example, through a change in the growth rate and competitive advantage of the recipient microbial cell, resulting in increased virulence of a mildly pathogenic bacteria. In general, one would expect the inserted DNA to result in a reduced growth rate and a selective disadvantage to the orga- nism, as discussed in “a” above. Similar issues arise where animal viruses serve as carriers of foreign DNA. It is also necessary to consider situa- tioris in which DNA molecules themselves may escape from the laboratory or from the experimental host cell and enter cells of living organisms with which they come in contact. Although free DNA molecules are themselves relatively fragile (and the probability that they would survive, in a significant form or for a significant time, in alr, water, or any other medium, is considered remote), they can be pro- tected in nature in a variety of ways and be released either into, or close to, a living cell. When a cell or virus dies, or comes close to or invades the tissue of another living organism, the recombinant DNA may effectively enter a new cell. A haz- ardous situation similar to that described above might ensue if foreign proteins were manufactured in this “secondary” ‘recipient. The recombinant DNA might survive as an independent cellular com- ponent, or it could recombine by natural FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 process with the DNA of the secondary recipient. Various possible deleterious consequences of such a recombination may be considered. If the secondary recipient is another microorganism, the same considerations described in IV-C-l-a apply. If the sec- ondary recipient is one of the cells of an animal or plant, different considerations apply. The latter include alterations of normal cellular control mechanisms, syn- thesis of a foreign protein (such as a hor- mone), and insertion of genes involved in cancer production (if, for example, the foreign DNA were derived from a cancer- producing virus). It should be pointed out that the like- lihood of causing inheritable changes in the offspring of complex organisms by such a mechanism is extremely low in animals because of the protection afforded germ-line cells (eggs and sperm) by their location. Thus, the pos- sibility that recombined foreign DNA would reach germ line cells at a time in the life of such cells when secondary re- combination can occur is extremely re- mote. With one-celled organisms, plants, or simple multicellular organisms, the probability of causing heritable change by secondary recombination may be higher. What is the probability of secondary recombination between prokaryotes and eukaryotes in nature? It is generally held that recombination in nature is more likely if similar or identical sequences of bases (rungs in the DNA ladder) occur In the two recombining DNAs. The greater the degree of similar sequences, the more likely is recombination. In gen- eral, the more closely two species are re- lated, the more likely it is that similar sequences will be found in their DNAs. Thus, DNA from primates has more DNA sequences in common with human DNA than does DNA from mice, or fish, or plants. Recombination may also occur between DNAs not sharing sequences but at lower frequencies. . It is possible that the capacity for interspecies recombination between dis- tantly related species exists in nature. For example, bacteria in animal intes- tines are constantly exposed to fragments of animal DNA released from dead intes- tinal cells. Significant recombination re- quires the uptake of intact segments of animal DNA and their subsequent incor- poration into the’ bacterial DNA. The frequency of such events is unknown. There are very few available data per- mitting assessment of the reverse proc- ess—namely, the incorporation of bac- terial DNA into the cells, or DNA, of more complex organisms. Although there are reports of experiments in which bac- terial DNA was inserted into animal and plant species and production of the bacterial protein followed, the process is very inefficient and many investigators have been unable to repeat these experi- ments (6-8). There are certain well-documented in- stances in which the DNAs of different living things become more or less per- manently recombined in nature. These instances involve recombination between the DNAs of nonchromosomal genes, such NOTICES as those of viruses or plasmids, or re- combination between the DNAs of viruses or plasmids and chromosomal genes. The former instance, for example, is the mechanism behind the rapid spread of resistance to antibiotics among different bacterial species (9, 10). This spread ac- companied the prevalent use of antibi- otics in medicine and agriculture. Some viral DNAs recombine into and persist in chromosomal DNA of cells of recep- tive organisms (11, 12). Some viral DNAs acquire, in stable form, DNA sequences derived from their host cells (13, 14). There is also strong evidence for re- combination of the DNA form of RNA tumor virus genes with chromosomal genes (15-17). 2. Expected benefits of DNA recombi- nant research, Benefits may be divided into two broad categories: An increased understanding of basic biological proc- esses, and practical applications for med- icine, agriculture, and industry. At this time the practical applications are, of course, speculative. It is impor- tant to stress that the most significant results of this work, as with any truly innovative endeavor, are likely to arise in unexpected ways and will almost cer- tainly not follow a predictable path. a. Increased understanding of basic biological processes. There are many im- portant fundamental biomedical ques- tions that can be answered or approached by DNA recombinant research. In order to advance against diseases in inherit- ance, we need to understand the struc- ture of genes and how they work. The DNA recombinant methodology provides a simple and inexepensive way to prepare large quantities of specific genetic in- formation in pure form. This should per- mit elucidation of the organization and function of the genetic information in higher organisms. For example, current estimates of the fraction of this informa- tion that codes for proteins are simply educated guesses. There are almost no clues about the function of the portions of DNA that do not code for proteins, although these DNA sequences are sus- pected of being involved in the regula- tion of gene expression. The existing state of ignorance is largely attributable to our previous in- ability to isolate discrete segments of the DNA in a form that permits detailed molecular analysis. Recombinant DNA methodology remove this barrier. Fur- thermore, ancillary techniques have been developed whereby pure DNA segments that contain particular sequences of in- terest can be identified and selected. Of particular interest is the isolation of pure DNA segments that contain the genes for the variable and constant portions of the immunoglobin proteins. The analyses of such segments obtained from both germline and somatic cells should be of inestimable value in determining the mechanism of immunologic diversity. A major problem in understanding the mechanism by which certain viruses cause cancer is how and where the in- fecting or endogenous viral genomes are integrated into the cell’s chromosome. This bears on the question of how the expression of the integrated viral genes Qf vetod affects cellular regulation, thus leading to the abnormal growth characteristics of cancer cells. With the recombinant DNA techniques for isolation and purifi- cation of specific genes, this research problem is reduced to manageable pro- portions. It is possible to isolate the de- sired DNA segment in pure form, Large quantities can be obtained for detailed study by simply extracting a culture of the bacteria carrying the viral DNA seg- ment in a plasmid. b. Potential practical applications for medicine, agriculture and industry. Cer- tain of the potential applications will only be realized if the reproduction of the recombined foreign DNA in a recipient host cell is followed by expression of the genetic information contained in the DNA in the form of synthesis of pro- teins. Since the efficient translation of eukaryote genes in bacterial (prokary- ote) hosts has yet to be proved, these po- tential applications are speculative at this time. Applications that depend on the expression of foreign prokaryotic genes in prokaryotic recipient cells are presently more certain. (1) Synthesis of medically important proteins and other substances. It has been suggested that genes coding for medically important substances be at- tached to bacterial vectors, and that the bacteria then be used to produce large quantities of the desired material. A number of costly and/or rare substances would be prime candidates for such syn- thesis: Human insulin (a future shortage of cur- rently used animal tnsulin appears to be likely); Human growth hormone (presently avail- able only from human cadavers and in short supply); Clothing factor VIII hemophilia). Specific antibodies and antigens (for pre- venting and treating infectious, allergic, and autoimmune disease, and perhaps even can- cer); Certain enzymes, such as fibrinolysin and urokinase (promising agents 1n the treat- ment of embolism) and lysosomal enzymes. (2) Endowment of plants with new synthesis capabilities. Whole plants may be generated from a single cell, and thus insertion of recombinant DNA into such cells might make it possible to endow plant species with the capability of— Improved photosynthetic fixation of car- bon dioxide; Nitrogen fixation by presently inept species (thereby reducing the need for costly chem- ical fertilizers that cause pollution—e.g., eu- trophication) ; Producing a higher quality cr quantity of food protein. (3) Some industrial applications. A number of industrial processes utilize microorganisms containing enzymes (which are proteins) to produce impor- tant chemicals (e.g., steroid hormones or other drugs, vitamins) or foodstuffs (e.g., cheese). Such processes could be im- proved through innovations effected by DNA recombinant research. Completely new biosynthetic reactions may thereby become available, permitting the synthe- sis of large amounts of complex and ‘for treatment of FEDERAL REGISTER, VOL. 41, NO. 176—-THURSDAY, SEPTEMBER 9, 1976 38432 valuable compounds with ease and at low cost. : Some highly speculative applications relate to the area of energy production and neutralization of pollutants—e.g., as in oil spills. Genetic modification through DNA recombination might it possible to devise microorganisms tailor-made for such important purposes. 3. Long-range implications. The exper- imental situations treated in the Guide- lines are those that appear feasible either currently or in the near future. The ex- periments primarily involve insertion of recombined DNA into bacteria or into single cells derived from more complex organisms and maintained under special laboratory conditions. It is only in the case of plants that the Guidelines cover experiments involving insertion of DNA into cells capable of developing into com- plex, multicellular organisms. The Guide- lines and the discussions leading to their development have focused on problems of safety. It is possible that techniques similar to or derived from current recombinant DNA methodology may, in the future, be applicable to the deliberate modifica- tion of complex animals, including hu- mans. Such modification might have as its aim correction of an inherited defect in an individual, or alteration of herit- ‘able characteristics in the offspring of individuals of a given species. The latter type of alteration has been successfully achieved in agriculture for centuries, by classical breeding techniques. It may be that recombinant DNA methods, should they develop in appropriate ways, may offer new opportunities for specificity and accuracy in animal breeding. The deliberate application of such methods for the correction of individual genetic defects or the alteration of herit- able characteristics in man raises com- plex and difficult problems. In addition to philosophical, moral, and ethical ques- tions of concern to individuals, serious societal issues are involved. Broad dis- cussion of these problems in a variety of forums will be required to inform both private and public decision-making. 4. Possible deliberate misuse. In the event that recombinant DNA technology can yield hazardous agents, such agents might be considered for deliberate per- petration of harm to animals (including humans), plants or the environment. The possibilities include biological warfare or sabotage. Because it is not known whether recombinant DNA technology can yield such agents, discussion of these problems such as theft by saboteurs is hypothetical and difficult. With regard to biological warfare, a July 3, 1975 let- ter to Dr. David Baltimore from James L. Malone, General Counsel of the United States Arms Control and Disarmament Agency says, “you raise the question as to whether the Biological Weapons Conven- tion prohibits production of recombinant DNA molecules for purposes of construct- ing biological weapons. In our opinion the answer is in the affirmative. The use of recombinant DNA molecules for such purposes clearly falls within the scope of the Convention’s provisions.” NOTICES REFERENCES (1) Handler, Philip, (ed.) (1970). Biology and the Future of Man. Oxford University Press, New York, N.Y. (2) Singer, M. F. and D. Soll (1973). Guide- lines for DNA Hybrid Molecules. Science 181:1114. (3). Berg, P., D. Baltimore, H. W. Boyer, 8S. N. Cohen, R. W. Davis, D. S. Hogness, D. Nathans, R. O. Roblin, J. D. Watson, S. Weiss- man, and N. D. Zinder (1974). Potential Bio- hazards of Recombinant DNA Molecules. Science 185:303. : (4) Berg, P.; D. Baltimore, S. Brenner, R. O. Roblin, and M. F. Singer (1975). Summary Statement of the Asilomar Conference on Recombinant DNA Molecules. Science 188:991; Nature 225:442; Proc. Nat'l. Acad. Sci. 7271981. (5) Struhl, K., J. R. Cameron, and R. W. Davis (1976). Functional Expression of Eukaryotic DNA in Escherichia Coli, Proc. Nat'l, Acad. Sci. U.S.A. 73:1471-1475. (6) Goebel, W. and W. Schiess (1975). The Fate. of a Bacterial Plasmid in Mammalian Cells. Mol. Gen. Genet. 138:213-223, (7) Merril, C. R., M. R. Geier and J. C. Petricciani (1971). Bacterial Virus Gene Ex- pression in Human Cells. Nature 233:398-400. (8) Doy, C. H., P. M. Gresshoff and B. G. Rolfe (1973). Biological and Molecular Evi- dence for the Transgenesis of Genes from Bacteria to Plant Cells. Proc. Nat'l. Acad. Sci. U.S.A. 70:3: 28-726. (9) Novick, R. P. and S. I. Morse (1967). In Vivo Transmission of Drug Resistance Factors Between Strains of Staphylococcus Aureus. J. Exp. Med. 125:45-59. (10) Anderson, J. D., W. A. Gillespie and M. H. Richmond (1974). Chemotherapy and Antibiotic Resistance Transfer Between En- terobacteria in the Human Gastrointestinal Tract. J. Med. Microbial. 6:461-473, (11) Hays, W. (1968). Genetics of Bacteria and Their Viruses. John Wiley and Sons, Inc., Second Edition, New York, N.Y. (12) Tooze, J. (1973). Molecular Biology of Tumour Viruses. Cold Spring Harbor Lab- oratory, Cold Spring Harbor, N.Y. (13) Lavi, S., and E. Winocour (1972). Acquisition of Sequence Homologous to Host Deozyribonucleic Acid by Closed Circular Simian Virus 40 Deoxyribonucleic Acid. J. of Virology 9:309-316. (14) Brockman, W., T. N. H. Lee and D. Nathans (1973). The Evolution of New Species of Viral DNA During Serial Passage of Simian Virus 40 at High Multiplicity. Virology 54:384-397. (15) Gillespie, D., W. C. Saxinger and R. C. Gallo (1976). Information Transfer in Cells Infected by RNA Tumor Viruses and Exten- sion to Human Neoplasia. Prog. Nuc. Ac. Res. and Mol. Biol. 15:1-108. . (16) Markham, P. D. and M. A. Baluda (1973). Integrated State of Oncornavirus DNA in Normal Chicken Cells and in Celis Transformed by Avian Myeloblastosts Virus. J. Virol. 12:721. (17) Hill, M. and H. Hillova (1972). Virus Recovery in Chicken Cells Tested with Rous Sarcoma Cell DNA. Nature New Biology 237335. V. DESCRIPTION OF THE PROPOSED ACTION The Director, National Institutes of Health, has issued Guidelines that will govern the conduct of NIH-supported re- search on recombinant DNA molecules. The Guidelines will apply to all NIH- supported research on such molecules— that is, molecules which are made by combining segments of DNA from differ- ent organisms in a cell free-system and which can be inserted into some living cell, there to replicate. The objective of the Guidelines is the protection of the laboratory worker, the general public, and the environment from infection by - possibly hazardous agents that may re- sult from this research. The complete text of the Guidelines is found in the FEDERAL REGISTER, Part II, for Wednes- day, July 7, 1976. As an integral part of this Draft Environmental Impact State- ment the Guidelines are found in Appen- dix D. The mechanisms by which the NIH will implement the application of the Guide- lines are outlined in the Guidelines them- selves and are specified in greater detail in Appendix C. Noncompliance with the Guidelines will result in termination of funding of research grants and contracts. The Guidelines describe (1) safeguards that protect the laboratory worker, the general public, and the environment, (2) the criteria for assessing the possible dangers from experiments involving re- combinant DNA molecules, (3) the cri- teria for matching the assessed possible dangers of individual experiments with the appropriate safeguards, and (4) the roles and responsibilities of principal in- vestigators, their institutions, and NIH for ensuring the implementation of the requirements specified in these Guide- lines. The emphasis on protection of lab- oratory workers from infection reflects the fact that laboratory workers are the persons at the greatest risk of infection and that the most likely route of escape of possibly hazardous agents from the laboratory is the laboratory worker. The physical safeguards have been grouped into four levels providing in- creasing capability for containment. The four levels approximate those rec- ommended by the Center for Diseasé Control for the control of known in- fectious agents that have been deter- mined to be of (1) no or minimal, (2) ordinary, (3) special, or (4) extreme hazard to man and other living things. These correspond to the terms Minimal, Low, Moderate, and High risk, respec- tively, as used in the NIH Guidelines. The safeguards include usual and spe- cial microbiologicfil safety practices, primary physical barriers that isolate the experiment from the laboratory worker, and facility installations that either markedly reduce or eliminate the potential for accidental dissemination of recombinant DNA molecules to the en- vironment. The four levels, designated Pl to P4, provide increasing protection against. contact with or accidental re- lease of microorganisms containing re- combinant DNA molecules. Additional safeguards are provided by the use of host cells and vectors with demonstrably limited ability to survive in other than specially designed labora- tory environments. This concept is called “biological containment” in the Guide- lines. In the case of bacterial host cells and vectors, this means that particu- lar strains of cells and vectors with genetically determined and fastidious survival requirements must be used. For those experiments judged to be of poten- tially moderate or high risk, the proper- ties of the bacterial strains to be used FEDERAL REGISTER, VOL. 41, NO. 176—-THURSDAY, SEPTEMBER 9, 1976 must be certified by the NIH Recom- binant Advisory Committee prior to in- itiation of experiments. In the case of a vector derived from an animal virus, the virus itself must be a low risk agent (CDC or National] Cancer Institute), and a strain of the virus that is defective in infection must serve as the source of the vector DNA. : The selection of containment (safe- guard) levels is dependent on the assessed possible dangers of the experi- ment. The Guidelines provide standards for evaluating the conceivable dangers of particular experiments involving re- combinant DNA molecules. In the ab- sence of evidence of any hazard actually occurring, these standards are based on relevant current knowledge. Permis- sible experiments are placed into four elasses of increasing possible danger which correspond to the four levels of in- creasing containment capability (safe- guards). Certain experiments, judged to have the potential for extreme hazard, should they prove dangerous, are pro- hibited. The possibility for danger depends on— (1) The biohazard associated with the DNA of the cell or microorganism that serves as the DNA source (e.g., genes for toxin pro- duction), (2) The degree to which the DNA seg- ment has been purified away from other genes and shown to be free of harmful char- acteristics, (3) The biohazard associated with the vec- tor that serves to transmit the source DNA to a recipient host cell, (4) The ability of the vector to survive in natural environments or habitats, (5) The kinds and number of different organisms that are susceptible to infection by the recipient or vector, (6) The biohazard of the recipient host cell that serves to replicate the recom- binant DNA molecule, (7) The ability of the recipient cell to survive tn natural environments or habitats, (8) The ability of the recipient cell to transmit the recombinant DNA molecule to other cells capable of surviving in natural environments or habitats, (9) The potential of the reciplent cell to obtain the source DNA by natural means, and - (10) ‘The evolutionary relatedness of the DNA source to humans. - The Guidelines prohibit a number of types of experiments, including those in which an organism contributing DNA is itself a biohazard of greater than low risk as determined by conventional methods of risk assessment (low risk cor- responds to class 2 agents as defined by the Center for Disease Control). The host cells and vectors are required to be of no or minimal risk. The potential dangers are considered to increase as the organism providing the source DNA ap- proaches humans phylogenetically. Thus, source DNA from primate cells is considered to have greater potential dangers than source DNA from lower _ eukaryotes. In general, greater possible dangers are assigned to recombinants than are present in the most hazardous component used to construct the DNA. The risk-assessment standards are specified in detail for one prokaryote "NOTICES host-vector system employing a variant of KE. coli called strain K12, which is, by itself, of no or minimal risk. Eukaryote host-vector systems using defective viral vectors are also described. The descrip- tions of these systems provide principles by which the potential dangers of recom- binant DNA experiments with other host-vector systems can be assessed. The Guidelines also establish an ad- ministrative framework for assigning the responsibility for ensuring safety in rec- combinant DNA research supported by NIH. This responsibility is shared among the principal investigators, their institu- tions, and NIH. The principal investiga- tors have the primary responsibility for hazard assessment and for implemen- tation of appropriate safeguards. The in- stitutions are responsible for ensuring that the principal investigators have the capabilities for meeting the requirements stipulated in the Guidelines. NIH is re- sponsible for securing an independent as- sessment of the potential dangers of this research and for ensuring that no re- search is supported unless it conforms to the requirements stipulated in the Guide- lines. The Guidelines require that the insti- tutions establish biohazard committees to earry out the institutional responsibility, and stipulate the qualifications and ex- pertise of the committee membership. NIH responsibilities are detailed in the Guidelines and are divided among (1) NIH Initial Review Groups, (2) thé NIH Recombinant DNA Molecule Program Advisory Committee, and (3) the NIH staff. Physical containment requirements The safeguards in the Guidelines re- quire the use of procedures and physical containment systems to protect labora- tory workers and the environment from exposure to potentially harmful orga- nisms. The requirements include pro- cedures and equipment in which work is to be done and special laboratory room and building features, as well as appro- priate training of workers. The systems are grouped into four levels of contain- ment—P1, P2, P3, and P4—each provid- ing a level of containment greater than the one preceding it. The level of con- tainment that must be provided by a lab- oratory in which an experiment is to be done is based on an assessment of the degree of hazard involved. The following description of the physi- cal containment levels is presented to outline these requirements. A complete description may be found in the Guide- lines (Appendix B). Pi Level (Minimal). A laboratory suit- able for experiments involving recom- binant DNA molecules requiring physical containment at the P1 level is shown in Figure V-—1. Such a laboratory possesses no special engineering design features. Work in this laboratory is generally con- ducted on open bench tops. Special con- tainment equipment is neither required nor generally available. The laboratory is not separated from the general traffic patterns of the building, and public ac- cess is permitted. Control of biohazards pe OMA is provided by standard microblologica} practices. P2 Level (Low). A laboratory suitable for experiments involving recombinant DNA molecules requiring physical con- tainment at the P2 level (see Figure V—2) is similar in construction and design to the P1 laboratory. The P2 laboratory must have access to an autoclave within the building, and it may have a biological safety cabinet. Work that does not pro- duce a considerable aerosol is conducted on the open bench. However, when exces- sive aerosols may be produced, low-risk experiments must be conducted in special cabinets (biological safety cabinets) that provide physical barriers against possible release of organisms. Although this laboratory is not separated from the general traffic patterns of the building, access to it is limited when experiments requiring P2-level physical containment. are being conducted. PA Laboratory Ficure V-2 P3 Level (Moderate). As shown in Fig- ure V-3, a laboratory suitable for experi- ments involving recombinant DNA mole- cules requiring physical containment at the P3 level has special engineering design features and physical contain- ment equipment. The laboratory is sepa- rated from areas that are open to the general public. Separation is generally achieved by controlled access corridors and air locks, locker rooms, or other dou- ble-doored facilities not available for use by the general public. Access to the labo- ratory is controlled. Biological safety cabinets are available within the con- trolled laboratory area. An autoclave shall be available within the building and preferably within the controlled labo- ratory area. Environmental protection is provided by waste sterilization tech- niques. The surfaces of walls, floors, FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 “BRt2d bench tops, and ceilings are easily clean- able to facilitate housekeeping and space decontamination. The laboratory venti- lation system is balanced to provide for an inflow of supply air from the access corridor into the laboratory. No work in open vessels is conducted on the open bench; all such procedures are confined to biological safety cabinets. P4 Level (High). As shown in Figure V-4, experiments involving recombinant DNA molecules requiring physical con- tainment at the P4 level shall be con- fined to work areas in a maximum-secu- rity facility of the type designed to con- tain mieroorganisms that are extremely hazardous to man or may cause serious epidemic disease. The facility is either a separate building or a controlled interior area completely isolated from all other areas of a building. Access to the facility is under strict control. Class II biolog- ical safety cabinets are available. Ficurm V-4 A P4 facility has engineering fea- tures, shown in Figure V-5, designed to prevent the escape of microorganisms to the environment (1-4). The special features in a P4 facility include: Monolithic walls, floors, and ceilings in which all penetrations such as for air ducts, electrical conduits, and utility pipes are sealed to ensure the physical isolation of the work area and to facilitate housekeep- ing and space decontamination. Air locks through which supplies and materials can be brought safely into the facility. Contiguous clothing change and shower rooms through which personnel enter into and exit from the facility. Double-door autoclaves to sterilize and safely remove wastes and other materials from the facility. . A biowaste treatment system to sterilize liquid effluents if facility drains are in- stalled. NOTICES NN Lior Site Secondary Saniery PicurE V-5 A separate ventilation system that matn- tains negative air pressures and directional airflow within the facility. A treatment system to decontaminate ex- haust alr before it is dispersed to the at- mosphere. A central yacuum utility system is not encouraged; if one is installed, each branch line leading to a laboratory shall be protected by a high-efficiency par- ticulate air filter. REFERENCES 1. Design Criteria for Viral Oncology Re- search Facilities. US. Department of Health, Education and Welfare, Publie Health Service, National Institutes of Health; DHEW Publication No. (NIH) 75- 891, 1975. 2. Kuehne, R. W. (1973). Biological Con- tainment Factitty for Studying Infectious Disease. Appl. Microbiol. 26:239-248. 3. Runkle, R. S. and G. B. Phillips (1969). Microbial Containment Control Facilities. Van Nostrand Reinhold, New York. 4. Chatigny, M. A. and D. IL. Clinger (1969). Contamination Control in Aerobiology. In_ R. L. Dimmick and A. B. Akers (eds.). AD Introduction to Experimental Aerobtology. John Wiley & Sons, New York, pp. 194- 263. . VI. DESCRIPTION OF ALTERNATIVES The following general classes of action have been considered as alternatives to, or in addition to, the proposed action. The impact of each is described briefly, and reference is made to other portions of this document which have a more complete discussion of the particular im- pact in question. A. NO ACTION This alternative would perpetuate the situation existing prior to June 23, 1976. At that time the only restrictions on recombinant DNA research stemmed from voluntary compliance of the re- search community with the guidelines developed at the International Confer- ence on Recombinant DNA Molecules, held at Asilomar, California, in Febru- ary of 1975, which were published in scientific journals. The Asilomar guide- lines differ in substance from the NIH Guidelines, and are considerably less stringent and less detailed in their re- quirements for containment of poten- tially hazardous organisms. For example, experiments that may be carried out with minimal containment according to the specific language of the Asilomar guide- lines (e.g., the construction of an E. coli Plasmid containing the noncancer-pro- ducing DNA segment of SV40) require P3 or P4 according to the NIH Guide- lines. In addition, while the Asilomar guidelines recommend that certain ex- periments be deferred, the list of experi- ments to be deferred is expanded in the NIH Guidelines. Furthermore, disregard of the Asilomar guidelines carries no sanctions on investigators, and it could be expected that the currently high level of voluntary compliance would be eroded with time. The “no action” alternative would greatly increase the probability that pos- sibly hazardous organisms would be re- leased into the environment. In addi- tion, public concern would be increased in the absence of any Federal action. It is concluded that the “no action” alter- native would not afford adequate pro- tection of laboratory workers, the gen- eral public, and the environment from the possible hazards described in sec- tion IV-C-1. The alternative of “no action” would essentially remove from the conduct of research the restrictions inherent in the NIH Guidelines. Experiments concerning basic biological processes, and the devel- opment of technology applicable to medi- cal, agricultural, and industrial prob- lems, would proceed at a faster rate. Moreover, the immediate cost of con- ducting research would be markedly de- creased with the “no action” alternative, since the need for costly physical con- tainment would be less. B. NIH PROHIBITION OF FUNDING OF ALL EXPERIMENTS WITH RECOMBINANT DNA NIH could refuse to fund any any re- combinant DNA experiments. This would not necessarily result in the cessation of such research, since it may still be sup- ported by non-NIH funds both in this country and abroad. Therefore a reduc- tion of risks but not elimination of risks might be achieved by total NIH prohibi- tion. Because the NIH funds a large pro- portion of the total biomedical research effort, a significant delay might be ex- pected in the achievement of the goals and missions of programs designed to elucidate basic biological processes and, in turn, the mechanisms underlying vari- ous disease states. It is widely antici- pated that a variety of research—im- pacting on health and other areas of hu- man concern—will benefit from recom- binant DNA technology (see Section IV-C-2). American scientists have played a leading role in bringing the potential hazards of recombinant DNA research to the attention of scientists, governments, and international organizations. As a re- sult, there is an effort to adopt safety procedures for the conduct of this re- seearch in many countries. Although na- tions differ in their perceptions of the need to adopt safety measures, and of what the exact measures should be, the NIH Guidelines are being used as a model. NIH. prohibition of the work would undermine American leadership in the establishment of worldwide stand- ards for safety. Finally, prohibition would be likely to have important impacts on American science, both in research and in develop- ment of technology. The leadership of FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 the United States in biological research would be threatened. Further, historical precedents indicate that measures which interfere with free inquiry in one area of interest, often inhibit the vitality of other aspects of society. C. DEVELOPMENT OF DIFFERENT GUIDELINES Each of the stipulations in the NIH Guidelines was made after assessment of the possible hazards associated with par- ticular experiments. The available data, however, were limited, and different con- clusions could have been reached. Some issues addressed in the preparation of the Guidelines which could have led to different specifications. are as follows: 1. Levels of physical containment. For certain experiments in which the poten- tial risk is controversial, the physical containment level could have been high- er or lower. Examples of controversial issues are the recommendations with re- spect to containment levels for recombi- nant experiments involving bacterial cells and DNA derived from cold-blooded animals, and for-experiments involving the use of DNA from animal viruses. 2. Establishment of a few national P3 facilities openly available to all investi- gators, with the requirement that all ex- periments requiring P3 containment be conducted therein. In effect, this will be the situation with respect to P4 facilities under the Guidelines. There are several advantages to working in regional cen~ ters: a. It would be less expensive to construct and staff a few such regional centers than many such facilities. b. Training would be centralized. ce. P38 facilities would be more uniformly accessible to qualified investigators from a variety of institutions. a. There would be greater assurance that the facilities meet the specified require- ments, e. Banks of cells containing recombinant DNA could be maintained, with a view to decreasing the number of times the actual recombination process would be performed (such banks can also be maintained in the absence of centralized P3 facilities). f. The sites could be placed away from population centers. The disadvantages of establishing re- gional centers include: a. Long-range planning would be neces- sary. b. Scheduling would be a problem. ce. The investigator's independence would be diminished, a. Competition for access might favor es- tablished investigators or established ideas. e. The nature of the process, which might require only brief access of P3 facilities in a given day but over a lengthy period of time. f. Access problems might unnecessarily dis- ecurage valuable research. 3. All permissible recombinant DNA experiments be conducted in P4 facili- ties. This alternative implies no distinc- tion among experiments. It does not rec- ognize that certain recombinant DNA experiments are widely agreed to pose little, if any, possible hazard. It is equi- valent to a total prohibition on much recombinant DNA research because of the limited number of P4 facilities that are available and the high cost of con- NOTICES struction. Because of access problems, interesting and important research of low or moderate possible hazard would be discouraged. 4. Experiments prohibited at this time. Certain types of experiments are pro- hibited by the Guidelines. Their selec- tion was a matter of judgment, and de- pended on the assessment of the seri- ousness of the possible hazard. Alterna- tive assessments would result in either an expansion or a contraction of the list of prohibited experiments and consequent decrease or increase in the possible risks. Some of the controversial recom- mendations are— a. The prohibition of experiments in- volving more than 10 liters of culture fluid containing recombinant DNAs known to make harmful products with~ out the express approval of the NIH Re- combinant Advisory Committee. Contro- versy over this recommendation relates +o the fact that some investigators and laboratories contend that larger volumes of culture fluid can be safety contained by special procedures and facilities. The recommendation places responsibility for evaluating the containment on the NIH Recombinant Advisory Committee. b. Sanction of the use of the bacterium Escherichia coli as a recipient for recom- binant DNA molecules. This organism has been studied extensively and is well suited to recombinant DNA research. It has been argued, however, that E. coli should not be used at the present time. This is because many E. coli strains are intimately associated with humans and other living things, and because they readily exchange DNA (genes) with cer- tain other bacteria in nature. Theoretically, the most desirable bac- terial recipient of recombinant DNA would be a species uniquely adapted to carefully controlled laboratory environ- ments and unable to survive or transmit DNA to other organisms in any natural environment. This means that the bac- teria should be unable to survive in nor- mal ecological niches, either in the lab- oratory or neighboring areas. It should be unable to colonize or survive in or on other living things, or in soil or waiter. In addition, these properties should not be significantly altered by the insertion into the bacterium of the recombined DNA. The bacteria must also be able to be manipulated for successful execution of the proposed experiment. No bacteria is known to meet all these requirements. The guidelines permit the use of various forms of a particular strain of E. coli called K12. (The forms are called EK1, EK2 and EK3 in the Guide- lines where they are discussed in detail.) Some of these forms already exist, others need to be constructed. Although related to other E. coli strains that do not in any way meet the definition of the ideal or- ganism, these permissible strains of £. coli partially fulfill many of the criteria in the definition of the ideal strain. At present, no other bacterial species 1s known to approximate the definition as closely as E. coli K-12 and its derivatives. In the future, other bacteria, closer to the ideal, may become known, or the 38435 properties of already known species may be shown to approach the ideal more closely than E, coli strain K12 and tts de- rivatives, as defined in the Guidelines. c. Sanction of the use of Simian Virus 40 (SV 40) as a carrier of a foreign DNA fragment. It has been argued that SV40 should not be permitted, since it is known to cause cancer in laboratory ani- mals. There is little evidence that SV40 results in disease in humans. However, SvV40 infects humans, and demonstrable antibodies to SV40 indicate that infec- tion has occurred in some members of the general population. Some of the infection may have resulted from the inadvertent inoculation of millions of individuals dur- ing. the initial mass program of immuni- zation aganist polio virus before SV40 was identified as a contaminant in the vac- cine. The antibodies may have been formed against SV40-like viruses known to exist naturally in humans (1). It is possible that a recombined DNA carried by SV40 could infect humans and sig- nificantly affect their health (2). The Guidelines restrict the use of SV40 DNA to DNA from strains of the virus that are defective in the infection process. In addition, stringent physical containment is required. d. Sanction of experiments involving the transfer of uncharacterized mixtures of DNA segments derived from warm-~ biooded animals into bacteria. Such ex- periments are believed to present a greater possible risk than others because they involve a conglomeration of un- defined genes that might include DNA capable of causing disease. e. Sanction of the use of oncogenic viruses. It has been argued that the introduction into E. coli of the whole DNA cor any purified segment of the DNA of any virus oncogenic in any species should not be permitted. D. No guidelines but NIH consideration of each proposed project on an individual oasis before funding. With this alterna- tive, individual investigators requesting NIH funds for projects involving recom- binant DNA research would bring plans for proposed experiments to an NIH cominittee that would, without the use of formal guidelines, recommend suitable containment measures, Depending on the criteria used by the committee, this might result in lower or higher containment levels than are currently imposed by the Guidelines. The advantages of such a procedure would include constant re- evaluation of potential hazards and con- tainment measures, and up-to-date in- formation for investigators. The dis- advantages include the enormous time and resources required for review, given the size of the biological research enter- prise in the United States, the problem of finding knowledgeable individuals to serve on such a committee—-essentially a full-time occupation—the opportunity for arbitrary decisions, and the bypass- ing of local input in assessment of hazards. It should be pointed out that under the present NIH Guidelines, loc:l institu- tional biohazards committees must con- sider proposed research projects on an individuals basis and may impose more FEDERAL REGISTER, VOL. 43, NO. 176—THURSDAY, SEPTEMBER 9, 1976 1 BR86 stringent safeguards than those required by the Guidelines. The judgments. of the investigator and his local committee will be reevaluated by the NIH Study Section reviewing the scientific merit of the proposal. E. GENERAL FEDERAL REGULATION OF ALL SUCH RESEARCH The NIH Guidelines control only re- combinant DNA research supported by NIH. Nevertheless, NIH has assumed a real responsibility to work toward the promulgation of safety measures for all such research. Nationally, NIH has con- ducted and is continuing to conduct meetings with representatives of other Federal agencies and of private industry. In the case of the Federal Government, consideration is being given to the im- position of the Guidelines either by indi- vidual agency adoption or through an Executive Order. Non-Federal groups have indicated that they will voluntarily comply with reasonable gujdelines de- signed to be applicable to their specific needs. From the international standpoint, the NIH has been in communication with relevant national bodies, the World Health Organization, the European Mo- lecular Biology Organization, and the In- ternational Council of Scientific Unions, among others, to encourage the widest possible application of the Guidelines. A variety of administrative mecha- nisms could be employed to regulate re- combinant DNA _ research. Relevant agencies are the Center for Disease Con- trol (CDC), including the National In- stitute for Occupational Safety and Health (NIOSH), or the Occupational Safety and Health Administration, De- partment of Labor (OSHA). For example NIH could petition OSHA to enforce and monitor such research through its stand- ard procedures. If OSHA concurred, the adopted guidelines could be extended to all facilities under OSHA’s responsibility. Legislation could be passed to impose procedures and specify containment for recombinant DNA experiments. Specific guidelines, as well as appropriate en- forcement mechanisms and penalties, could be established as statute. The ad- vantages of this approach would include uniformity in coverage and process. The disadvantages include the need for estab- lishment of a new administrative mech- anism and consequent costs, the long time generally required for enactment of legislation, and the relative inflexibility of law. Flexibility is desirable because presently recommended containment pro- cedures will surely require timely revision as knowledge and experience are accu- mulated. : A body like the National Commission on the Protection of Human Subjects of Biomedical and Behavioral Research could be legislatively established. It should be noted that a bill (S. 2515) cur- rently under consideration in the Con- gress would assign responsibility for con- sideration of recombinant DNA experi- ments to a permanent President’s Com- mission for the Protection of Human Sub- jects of Biomedical and Behavioral Re- INQTICES search. A real concern would be the in- ability of a group with such a broad man- date to deal effectively with the highly specialized subject of recombinant DN. research. ; REFERENCES (1) Millarkey, M. F., J. F. Hruska and K. K. Takemoto (1974). Comparison of Human Papova Viruses With Simian Virus 40. J. Virol. 13;1014-1019. (2) Shah, K. and N. Nathanson (1975). Human Exnosure to SV40: Review and Com- ment, A resource document for the meeting on Recombinant DNA molecules, Asilomar Conference Center, February 24-26, 1975. VIT. ENVIRONMENTAL IMPACT OF THE GUIDELINES A, IMPACT OF ISSUANCE OF NIH GUIDELINES The primary impact of issuance of the Guidelines is to provide a mechanism for the protection of the laboratory worker, the general public, and the environment from the possible hazards that might re- sult from recombinant DNA molecule re- search. These hazards are purely specu- lative at present; the speculations may prove to be wrong. Nevertheless the Guidelines take cognizance of the possi- bility of dangers to the laboratory work- er, other persons, and the environment posed by the emergency research tech- nology involving recombinant DNA mole- cules, and call for a number of measures aimed at reducing or eliminating human and environmental exposure {o materials containing recombinant DNA molecules, in case they should prove hazardous. The Guidelines govern only work supported by the NIH, including NIH supported re- search at various institutions (grants and contracts) and research carried out with- in NIH intramural laboratories. With regard to the anticipated but speculative benefits of recombinant DNA research, adherence to the Guidelines may postpone their realization. Certain experiments are prohibited; many per- missible experiments will be delayed pending availability of suitable contain- ment facilities and certification of ap- propriate hosts and vectors. 1. Impact on the safety of laboratory personnel and on the spread of possibly hazardous agents by infected laboratory personnel. The NIH Guidelines are di- rectly concerned with reducing and elim- inating exposures of laboratory person- nel and all other persons to host cells and microorganisms containing recombinant DNA molecules. Because laboratory per- sonnel would be the chief source of in- fection of other people, protection of personnel is of primary importance. Lack of knowledge about the real risks of such molecules makes it impossible to deter- mine either the nature of the hazards or the extent to which laboratory personnel are endangered by exposures to the ma- terials. Nevertheless present understand- ing of biology permits a ranking of the possible risks that may be associated with a given experiment. Four levels of possible risk have been established: minimal, low, moderate, and high. Protection of personnel from min- imal risk materials is provided by or- dinary microbiological techniques. Since these procedures are generally per- formed on the open bench, exposures may occur. The avoidance of harmful effects depends more on the exceedingly low potential of these materials to cause a harmful infection than of the elimina- tion of potential exposures. Potential harmful effects would require exposure to large numbers of organisms, e.g., due to accidental ingestion by poor pipetting techniques or self-inoculation by needle and syringe). Such exposures should be prevented by adherence to practices rec- ommended for this risk level. The safety, of personnel handling ma- terials of minimal risk in the prescribed manner is supported by the absence of any documented laboratory-acquired bacterial or viral infections involving known human etiologic agents that are customarily handled in the same fash- - jion—i.e., CDC class 1 agents (see Glos- sary). The protection of personnel from po- tential dangers associated with-low- and moderate-risk materials is provided by a greater reliance on physical barriers sep- arating the laboratory personnel from the experimental process as well as on safe microbiological practices. Acci- dental exposure by ingestion would be prevented by the adherence to the re- quired use of mechanical pipetting for low- and moderate-risk materials. Po- tential exposure to low-risk materials through aerosols is reduced by the re- quirement that all processes that pro- duce significant aerosols are to be con- fined to biological safety cabinets. Po- tential exposure to moderate-risk ma- terials through aerosols is further re- duced by the requirement to contain all processes that produce any aerosol. The use of Class I and Class II biological safety cabinets that comply with the standards specified in the Guidelines can reduce the potential exposure by a factor of 10,000 (1). Potential exposures of laboratory personnel not involved in these experiments are further controlled by the specified laboratory access pro- cedures. These measures do not provide absolute protection from exposures, and the required primary barriers can be compromised by lack of attention to technique, poor placement of equipment, and human error. Experience demon- strates that the use of these measures reduces but does not prevent the poten- tial for laboratory-acquired infections with relatively infectious agents such as class 2 and class 3 agents. The nature of the harmful effects from exposures to low- and moderate-risk re- combinant DNA materials cannot be de- termined. However, the ability for these materials to cause disease or injury, should they be hazardous can be esti- mated by comparison of their infectivity with that of known class 2 and class 3 agents. The requirement that recipient bacterial cells be class 1 agents (no or minimal risk) and that animal virus vec- tors be similarly low risk agents (in the absence of recombined DNA) reduces the likelihood that they will have the infec- tious properties of class 2 or 3 agents upon insertion of foreign DNA. FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 Recombinant DNA experiments as- sessed to have high-risk potential require special precautions designed to prevent exposures, as specified in the Guidelines. All such experimental procedures are re- quired to be surrounded by absolute pri- mary barriers that are gas-tight. These are barriers that physically isolate the experimental process from the laboratory worker. Research is conducted within these barriers through attached gloves. Materials are not removed from the bar- riers until they have been sterilized or put into hermetically sealed containers, which are then surface sterilized. Experience with class 3 and 4 human etiologic agents demonstrates that the absolute primary barriers can be oper- ated without exposure of the operators under standardized procedures, employ- ing stable, well trained and well-disci- plined personnel (2). This conclusion is based on those data in referenee 2 that refer to the experience of recent years; the earlier experience is less relevant be- cause of important recent developments in the design and availability of contain- ment equipment. The procedures for combining segments of DNA and insert- ing them into recipient cells can be standardized, and the Guidelines require that research personnel be well trained and proficient in the necessary opera- tional practices. Inspection and certifica- tion of all high-risk research facilities by NIH personnel provide additional assur- ances that these requirements will be met. Thus, potentially harmful effects from research with high risk recombinant DNA molecules should be extremely un- likely given strict adherence to the NIH Guidelines. Insofar as research sponsored by NIH is concerned, potentially harmful effects from experiments judged to present the possibility of very severe hazard should be prevented completely since those ex- periments are prohibited. 2. Impact on the environmental spread of possibly hazardous agents. The NIH guidelines are directly concerned with preventing the release of cells and micro- organisms containing recombinant DNA molecules, or the release of recombinant DNA molecules themselves, into the en- vironment, thus preventing potential ex- posures of humans, other animals and plant communities. The Guidelines require decontamina- tion of all Hquid and solid wastes gen- erated by low-, moderate-, or high-risk experiments. As the potential risk of these materials increases (low —» high), further measures are required to in- crease the certainty of containment. The Guidelines recommend the decontamina- tion of no- or minimal-risk materials before their disposal to the environment. This is standard microbiological practice. The Guidelines prohibit the release of contaminated air under ordinary condi- tions. Procedures involving low- and moderate-risk materials that may pro- duce aerosols are confined to primary barriers. Contaminants in the exhaust air from these barriers are removed by filtration. NOTICES The potential for accidental release of recombinant DNA materials into the atmosphere, however, increases with de- creasing containment requirements (moderate —+ minimal). Harmful sec- ondary effects from such accidental re- lease of minimal-, low-, or moderate-risk materials are exceedingly remote. An analysis of 36 reported laboratory-ac- quired micro-epidemics in the period 1925-1975 involving over 1,000 infections with class 2, class 3, and class 4 human etiologic agents demonstrated no infec- tions among persons who were never in the laboratory building or who were not associated in some way with the labora- tory (2). Almost all of these outbreaks occurred in the absence of genuine efforts to control contaminated air, Nquid wastes, refuse, and laundry. Any potential release of high-risk ma- terials to the environment should be pre- vented by adherence to the NIH Guide- lines. All high-risk materials are required to be isolated in physically contained, ab- solute primary barriers. All effluents from these barriers are sterilized. The bar- riers themselves are located in maxi- mum-security facilities, which are pro- vided with additional barriers to prevent any accidental release. Air locks, nega- tive air pressure, clothes-change rooms, filtration and incineration of all air ex- hausted from the facility, and the sec- ondary sterilization of all liquid and solid wastes, provide additional protection to the environment. The NIH Guidelines also define re- quirements for protecting the environ- ment from potential dangers that may be associated with the shipment of recom- binant DNA materials. Federal packag- ing standards appropriate for the ship- ment of class 4 human etiologic agents are required for the shipment of all re- combinant materials. 3. Cost impact. The direct cost impact of the NIH guidelines is the cost of com- plying with their provisions. The costs will vary according to the level of poten- tial risk of the research. There are no special facility. requirements for work with minimal- and low-risk recombinant DNA materials (P1 and P2). There are equipment requirements for work involv- ing low-risk recombinant DNA materials that will involve little cost impact. Low- risk research requires a biological safety cabinet for procedures that may produce significant aerosols and an autoclave for sterilizing waste materials. These items of equipment, however, are generally available within the existing facilities where such research is being conducted. The cost impact of the NIH guidelines on minimal- and low-risk research is there- fore not significant. Special equipment and facility require- ments are specified for moderate-risk re- combinant DNA research (P3). All work at this level of potential risk is to be conducted within biological safety cabi- nets (Class I or IT). This requirement will necessitate the acquisition of many additional cabinets, the number being dependent on the scope of the research effort. It is estimated that one cabinet will be required for every three persons 38437 involved in the research. The cost of each cabinet is approximately $5,000. Directional air flow, single-pass ven- tilation, and provisions for ensuring re- stricted access are facility requirements specified for moderate risk (P3) recom- binant DNA research. While many new facilities (those constructed in the last decade) have been constructed with this capability, few older facilities can provide this capability without extensive renova- tion. Creating adequate access control by construction of architectural barriers (e.g., air locks, double-door alcove, etc.) is not expensive. However, th cost of ren- ovation of air-handling systems to pro- vide for single-pass, directional air flow may prevent some institutions from con- ducting moderate-risk research. It has been estimated that installation of air- handling systems that comply with the NIH Guidelines would cost approximate- ly $200 per square foot of space serviced by the system. . The NIH Guidelines require that high- risk «P4) research involving recombinant DNA materials be conducted only in class Tif biological safety cabinets (glove boxes} that are installed in maximum security facilities. Fewer than 30 facil- ities within the United States have the potential for meeting the requirements specified in the Guidelines for such facil- ities. A smaller number may actually be available for this research. It is esti- mated that approximately $750,000 would be required to construct and equip a maximum-security facility having two 10-foat by 20-foot laboratory modules with class III cabinetry. This great cost is due to sophisticated mechanical sup- port sxstems (e.g., negative pressure, ex- haust sir filtration, air waste treatment plant) and architectural barrier: (e.g.. elothes-change rooms, air locks, waste- staging areas, and monolithic walls. floors, and ceilings). The cost of class III cabinetry installed is approximately $3000 per linear foot. In addition, the cabinetry line and the facility each re- quire a double-door autoclave, costing a minimum of $15,000 and $65,000 respec- tively. 4. Secondary impacts. There are three secondary impacts which further pro- vide for environmental protection—i.e., reduce the potential risk to the environ- ment from recombinant DNA research: a. Limited maximum-security contain- ment capability. The small number of facilities available to support high-risk research greatly restricts the number of such experiments that can be conducted. The reduction in the number of experi- ments minimizes the probability of acci- dentai exposure of laboratory workers and subsequent secondary environmental impacts. b. Safety awareness. The safe perform- ance of biomedical research is dependent on an awareness of the risks and the safeguards required to control the risks. Issuance of the NIH Guidelines should strengthen safety performance in gen- eral by providing safety information and increasing the awareness of the labora- tory worker to the potential hazards as- sociated with biomedical research. FEDERAL REGISTER, VOL. 41, NO. 176-——THURSDAY, SEPTEMBER %, 1976 38438 ct. Early recognition of potential haz- ards. The Guidelines require that the principal investigator notify NIH of any serious or extended illness or accident that may result in serlous exposure to man or to the environment. This moni- toring procedure will provide an early warning of possible unforeseen hazard. For example, if a laboratory infection from exposure to a recombinant DNA molecule is confirmed, indicating a real hazard, an increase in safeguards or ces- sation of experiments can be required to minimize the hazard to other investiga- tors. conducing similar studies. This up- grading will also reduce any potential] for environmental effects. B. IMPACT OF EXPERIMENTS CONDUCTED UNDER THE GUIDELINES 1. Possible undesirable impact-—a. Dispersion of potentially hazardous agents. The hypothetical mechanisms by which insertion of foreign genes into cells or viruses might result in the for- mation of hazardous agents are de- scribed in Section IV-C. There is, as stated before, no known instance in which a hazardous agent has been created by recombinant DNA technology. Current knowledge permits no more than specu- lation that such agents may be produced and an equally speculative assessment of the nature and extent of hazards that may follow upon a particulr recombinant DNA experiment. This is the underlying reason that the thrust of the Guidelines is to minimize contact of organisms con- taining recombinant DNA with other or- ganisms or the environment. Therefore the following analysis of possible un- desirable impacts due to dispersion of potentially hazardous agents emphasizes the likelihood of significant dispersion rather than the nature of the hazard it- self. The analysis given does not apply in detail to all the possible situations, but can serve as a model for analyzing different situations. In order that any potential hazard be realized, it is necessary that each of a number of sequential events occur. Each event in the sequence is possible only if the earlier events have occurred. The or- ganism must— (a) Contain foreign genes, (b) Escape from the experimenial situa- tion, (c) Survive after escape, ‘(d) Become established in an environment permitting its growth and multiplication, (e) Contact other living organisms in a significant manner, including contact by a sufficient number of organisms to ensure sur- vival and growth and to cause infection. (Note that the environment in (d) may be & living organism itself) . In those cases where the detrimental effect results from the formation of a harmful protein, the organism contain- ing the recombinant DNA must— (f) Contain a gene for a potentially harm- ful protein, (g) Be able to express the foreign gene— that is, synthesize the foreign protein, (h) Synthesize the protein in suffictent quantity to be deleterious to the infected organism. NOTICES In those cases where the foreign DNA itself may be the cause of undesirable effects, another set of events must be «considered. In the case where the foreign DNA increases the pathogenicity of the initial host cell or virus, the inserted DNA must— (i) Impart a selective advantage for growth to the carrier of the recombinant DNA as compared with the original cell or virus, (Jj) Alter the metabolism of the carrier so that it becomes disease producing. In the case where the foreign DNA causes undesirable effects by virtue of its transfer out of the original recipient and reinsertion into cells of another species, the DNA must— (k) Leave the original recipient without being destroyed, (1) Survive transfer to another cell, (m) Become associated with the other cell in a stable manner, either as an independ- ent element or by natural recombination. For example, in a hypothetical experi- ment classified as low-risk and carried out according to the requirements of the Guidelines, events (a) through (h) might be required to yield a hazardous situa- tion. Available data might permit assign- ment of probabilities of : 1 for (a): of 10“ (1 in 100) for (b); of 10~ (1 in 10,- 000) for (c); and of 10* (1 in a mil- lion) for (d@. Lack of any pertinent knowledge concerning events (e) through (h) would make assignment of probabili- ties impossible. Even assuming a proba- bility of one for each event (e) through (h), the overall probability of a deleteri- ous effect on a member of a species at risk in this hypothetical situation would then be the product of all probabilities (a) through (h), namely 10-7 (one in a trillion). This probability then needs to be compared with the number of orga- nisms grown for the experiment. Typi- cally, bacteria are grown in liquid mix- tures to a concentration of between 10° and 10” organisms per ml. The probabil- ity will also need to be corrected for the length of time over which the experiment is to be conducted. In reality, it may fre- quently be difficult to assess the relevant probabilities. It is currently impossible to assign specific probabilities for many experi- ments, although crude estimates can often be made from current knowledge of laboratory-acquired infections, from prototype experiments set up to measure bacterlal or viral escape (4), and from knowledge concerning the stability of or- ganisms and DNA. NIH jis currently sup- porting research designed to improve the ability to evaluate certain of these prob- abilities. b. Other considerations. The foregoing descriptions of the kinds of possibly hazardous situations that might arise from organisms obtained through recom- binant DNA experiments must be con- sidered in the light of certain more gen- eral issues. (1) Monitoring for release of orga- nisms containing recombined DNA. Con- trol of the spread of any agent outside of an experimental situation to laboratory workers or the outside environment ts greatly assisted by adequate means for monitoring the agent in question. A per- tinent example is the monitoring for spil- lage and spread of radioisotopes. The presence of radioisotopes is readily meas- ured, and the exposure of laboratory per- sonnel or the environment to radiation can be quantified. The situation is funda- mentally different in the case of orga- nisms or viruses containing recombined DNA. No simple general procedure exists for identifying an organism released from the laboratory against the large background level of related and un- Telated organisms occurring naturally. It is possible, however, to devise special pertinent procedures for detection of some of the agents used in recombinant DNA experiments. For example, develop- ment of bacterial strains, phages, or Plasmids carrying readily detectable genetic traits would enable the monitor- ing of laboratory personnel, people work- ing in the area, and their families for the presence of those agents. This would be analogous to the examination of drink- ing water, lakes, etc., for fecal contami- nation with enteric organisms. Detection in such instances could be at levels as low as 10" (1 part in 10,000,000). The adequacy of such screening is not pres- ently Known. Given the nature of the series of events that might characterize a hazardous situation, the time factors involved in those events become relevant. Certain possible types of organisms containing recombinant DNA might, if they escaped and if they were hazardous; be immedi- ately perceived as such—e.g., production of toxic foreign proteins. We might therefore be aware of the potential prob- lem soon after dispersal of the organism, and reasonable means for minimizing further dispersal could be undertaken. In other instances—e.g., a cancer-pro-~ ducing DNA fragment—evidence of harmful effects might not be apparent for many years. The connection between the causative organisms and the ob- served harmful effects could be difficult to establish. Further, dispersal of the hazardous agent might then be so wide- spread as to make control difficult or impossible. (2) Natural occurrence of DNA re- combination between unrelated orga- nisms. Concern over the potential for hazard in organisms containing re- combined DNA develops from the central idea that such recombinants will be unique types of organisms, not normally arising in nature, and that their prop- erties will therefore be unknown and unpredictable. Natural environments provide many opportunities for recombi- nation of DNA between unrelated species, . as for example, in the intestines of ani- mals. Whether, or at what frequency, such recombinations may occur is not known at present, but it is probably low given the very low extent of shared base sequences that can be detected in DNAs derived from distantly related organisms. It would appear that naturally occurring interspecies recombinants, if they occur in nature, may have been selected against in evolution. However tests for shared base sequences are of Hmited sensitivity. FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 X3) Relative irreversibility of spread of organisms. Should organisms containing recombined DNA be dispersed into the environment, they might, depending on their fitness relative to naturally occur- ing organisms, find a suitable ecological niche for their own reproduction, and a potentially dangerous organism could then multiply and possibly spread. Sub- sequent cessation of experiments would not stop the diffusion of the hazardous agent. While means to eradicate the or- ganism might be found, as in the case of smallpox, it is also possible that such means will not be available, or that they will be available too late to prevent or stop untoward events. . As described earlier, the Hkelihood ts that newly constructed organisms will be less fit than those occurring naturally and therefore will disappear over time. 2. Beneficial impacts of recombinant DNA research, Section TV-C-2 describes the various anticipated benefits of re- combinant DNA research. As with the possible hazards, many of the proposed benefits are speculative. Assessment of the likelihood that they will be realized will depend on information acquired from future experimentation. For ex- ample, assessment of the category of anticipated benefits that depends on the synthesis of eukaryote proteins in prokaryote cells (see IV-C-1-b) awaits additional data on the expression of the foreign genes. Should these benefits be realized, it may be expected that the cost of manufacturing certain clinically im- portant proteins can be markedly de~ creased. Other clinically important pro- teins that are either in short supply (e.g. human growth hormone) or unobtain- able by existing techniques may be made readily available. Innovative approaches to immunization against infectious dis- eases can also be expected. Some of the indicted benefits appear certain. These are the benefits to be derived from an increased understanding of both basic biological processes and the mechanisms underlying a variety of dis- ease states. Application of the restrictions imposed by the Guidelines will retard progress toward the redlization of the possible benefits. In addition to the prohibitions on certain experiments, there are many permissible experiments which will need to be postponed until the requirements in the Guidelines can be met. The ac- quisition and installation of P3 facilities requires adequate funds, extensive plan- ning and installation. P4 facilities are limited in number. Experiments that re- quire hosts and vectors with demonstra- bly limited ability to survive in natural environments must await development of appropriate hosts and vectors, their test- ing, and finally their certification by the NIH Recombinant Advisory Committee. Time will also be required for the various review processes that are required. REFERENCES {1) Chatigny, M. A, W. EB Barkley and W. Vogl (1974). Aerosol Biohazard in Microbio- logicai Laboratories and How It Is Affected by Air Conditioning Systems. Am. Soc. Heat. Ref. Aircond. Engr. &0:Part 1. FEDERAL REGISTER, VOL. 47, NO. 176—THURSDAY, SEPTEMBER & NOTICES (2) Wedum, A. G. (1976). The Detrick Ex- perience As a Guide to the Probable Efficacy of P4 Microbiological Containment Facilities for Studies on Microbial Recombinant DNA Facilities. Unpublished Report to the Na- tional Cancer Institute. (3) Falkow, S. (1975). Unpublished experi- ments quoted in: Appendix D of the Report of the Organizing Committee of the Asilomar Conference on Recombinant DNA Molecules (P. Berg, D. Baltimore, S. Brenner, R. O. Rob- lin and M, Singer, eds.). Submitted to the National Academy of Sciences. (4) Dimick, R. L., W. Vogl and Chatigny, M. A. (1973). Potential for Accidental Micro-~- bial Aerosol Transmission in the Biological Laboratory (in) Biohazards in Biological Re- search, Helman, A., M. N. Oxman and R. Pol- lack, eds. Cold Spring Harbor Laboratery, N.Y. APPENDIX A GLOSSARY 1. Aerosol; A colloid of liquid or solid par- ticles suspended in a gas, usually air. 2, Antibody: A protein which 1s formed in the body as a result of the inoculation of an antigen. 3. Antigen: A substance which when in- jected into an animal causes the formation of antibodies. 4. Autoclave: An apparatus for effecting sterilization by steam under pressure. It is fitted with a gauge that automatically regu- lates the pressure, and therefore the degree of heat to which the contents are subjected. 5. Bacteriophage: A virus that infects only bacteria. 6. Bid: Bureaus, Institutes, and Divisions of NIH. 7. Biohazard: A contraction of the words biological hazard; infectious agents present- ing a risk or potential risk to the well-being of man, or other animals, either directly through infection or indirectly through dis- ruption of the environment. 8. Biohazardous Agent: Any microbial unit capable or potentially capable of presenting a biohazard. 9. Biohazard Area: Any area (2 complete operating complex, a single facility, a single room within a facility, etc.) in which work has been, or is being performed with biohaz- ardous agents or matertfals. 10. Biohazard Control: Any set of equip- ment and procedures utilized to prevent or minimize the exposure of man and his en- vironment to biohazardous agents or mate- rials. 11. Biohazardous Material: Any substance which contains or potentially contains bio- hazardous agente. 12. Blowaste: Liquid wastes from biological research procedures. 13. CDC: Center for Disease Control, United States Public Health Service, Atlanta, Georgia. 14. CDC Classification of etdologic agenta on the basis of hazard: A system for evaluat- ing the hazards associated with various etiologic agents, and definition of minimal safety conditions for their management tn microbiological investigations. The basis for Agent Classification is as follows: Class 1: Agents or no or minimal hazard unger ordinary conditions of handling. Class 2: Agents of ordinary ‘potential hazard. This class includes agents which may produce disease of varying degrees of severity from accidental inoculation or injection or other means of cutaneous penetration but which are contained by ordinary laboratory techniques. Class 3: Agents involving special hazard or agents derived,4rom outside the United States which uire a federal permit for importation unless they are specified for higher classification. This class includes 38439 pathogens which require special conditicns ior containment. Class 4: Agents that require the most stringent conditions for their containment because they are extremely hazardous to laboratory personnel or may cause serious epidemic disease. This class includes Class 3 agents from outside the United States when they are employed in entomological experi- ments or when other entomological experl- menis are conducted in the same laboratory are lass 6: Forelgn animal pathogens that are schided from the United States by law or whose entry is restricted by USDA adminic- trative policy. Nort: Federally licensed vaccines contain- ing live bacteria or viruses are not subject tO these classifications. These classifications wre applicable, however, to cultures of the atvains used for vaccine production, or fur- ‘her passages of the vaccine strains, 15. Class I biological safety cabinet: A ventilated cabinet for personnel protection only, having an open front with inward fiow of air away from the operator. The cabinet exhaust air is filtered through a high effi- ciency particulate air (HEPA) filter before being discharged to the outside atmosphere. This cabinet can be used for work with low- to moderate-hazard risk agents where no product protection is required. 18. Class II biological safety cabinet: An cpen-front cabinet for personnel and product protection with mass recirculated airflow with HEPA filtered exhaust and HEPA filtered recirculated air. This cabinet can be used for wors with low- to moderate-hazard risk agents It is not suitable for use with ex- plosive and flammable substances, toxie agents, or radioactive materials. 17. Class III biological safety cabinet: A gas-tight cabinet providing total isolation for personnel and product protection with a HEPA-fiitered air supply and a HEPA-filtered exhaust. The cabinet is fitted with gloves and is maintained under negative air pressure. This cabinet provides the highest contain- ment reliability and should be utilized for ali activities involving high-hazard risk agents. 18. Clone: A population of cells derived, by asexual reproduction, from a single cell, Every cell in the population is presumed to be genetically identical. In recombinant DNA re- search, every cell in a clone contains the fame recombinant DNA species. 19. Coding sequence: The orderly array of codons which are subunits of a gene. 20. Chromosome: One or more smali rod- shaped body(s) in the nucleus of a cell that contains genetic information for that cell. A collection of genes. 21, Deoxyribonucleic acid, or DNA: A com- plex substance of which genes are composed. 22. Effuent: A Hquid or gas flowing from a@ process. 23. Endogenous: Developing or originating within the organism, or arising from causes within the organism. 24. Escherichia coll: A bacterium com- monly found in the intestinal tract of animals. 25. Eticlogic agent: A viable microorgs- nism or its toxin which causes, or may cause, human disease. . 26, Eukaryotic cell: A cell that contains a nucleus with a nuclear membrane surround- ing muitiple chromosomes; also contains ex- tranuclear organelles. 27. Gene: The smallest portion of a chrom- csome that contains the hereditary informa- tion for the production of a protein. 28. Genetic engineering: Directed inter- vention with the content and/or organization of an organism’s genetic complement. 29. Genome: The complete set of hereditary information in a cell as the chromosomes in VO?76 38440 a eukaryote or the single chromosome in a prokaryote, 30. HEPA filter: (High Efficiency Particu- late Air Filter) A disposable, extended medi- um, dry type filter with a particle removal efficiency of no less than 99.97% for 0.3um particles, 31. Infectious: Capable of invading a sus- ceptible host, replicating, and causing an al- tered host reaction commonly referred to as a disease. 32. Laminar alr flow: Air flow in which the entire body of air within a designated space moves with uniform velocity in one direction along parallel flow lines. 33. Laboratory acquired infection: Any in- fection resulting from exposure to biohazard= ous materials in a laboratory environment. Exposure may be the result of a specific acci- dent or inadequate bichazard control proce- dure or equipment. 34. Messenger ribonuclele acid (MRNA): A complex molecule that transmits the in- formation from the gene to a template on which a protein is formed. 35. Mitochondrion: A DNA-containing structure present in all aerobic eukaryotic cells. The mitochrondia produce energy for the cell and divide by fission after cell divi- sion has occurred, 36. Nucleotide: A basic unit of the poly- meric structure of DNA. Each unit contains a sugar (deoxyribose), phosphoric acid, and one of the following organic substances: adenine, guanine, thymine or cytosine. 37. Oncogenesis: The process of tumor for- mation. 38. Organelle; An independent structural body existing within cells, generally related to a particular cellular function, and contain- ing a special group of genes within an extra- chromosomal DNA molecule (e.g., mitochron- dria and chloroplasts). 39. Pathogenic: Producing or capable of producing disease. 40. Phenotype: The visible traits of an organism as determined by the genome or genotype. 41. Plasmid: A genetic element outside of the cromosome that ls capable of replicating independently of the chromosome. 42. Polymer: A large molecule composed of simpler repeating units. DNA is a polymer composed of nucleotides, while starch and cellulose are polymers composed of sugars. 43. Prokaryotic organism or Prokaryote: Celis of bacteria or blue-green algae which ere characterized as being rather small, having a single chromosome that is not en~ closed by a nuclear membrane, and lacking organelles. 44. Restriction endonuclease: An enzyme capable of breaking DNA at specific sites. The action of the enzyme is unique in that “sticky” ends are formed which can join with other fragments of DNA to form a recombi- nant DNA molecule. In nature, these bac- terial enzymes restrict invasion of foreign DNA, : 45. Reverse transcriptase: An enzyme found in certain viruses which reverses the normal synthesis of RNA from DNA. DNA is formed for the replication of viral RNA. 46. R plasmid: A plasmid that carries genetic information for resistance to anti- biotics and/or other antibacterial drugs. 47. Shotgun experiment: An experiment in which all the DNA fragments cleaved by a8 restriction endonuclease are inserted into a vector DNA, which is then put into a cell. This is in contrast to other recombinant DNA experiments where only selected frag- ments of DNA are inserted into a vector DNA. 48. Sterilize: Any act which results in the absence of all life on or in an object. 49. Vector: A carrier of a recombinant DNA molecule; usually a plasmid or bacte- riophage, NOTICES 50. Viable: Literally, “capable of life.” Generally refers to the ability of microbial cells to grow and multiply as evidenced by, for example, formation of colonies on an agar culture medium. Frequently ozxganisms may be viable under one set of culture conditions and not under another set, making it ex- tremely important to define precisely the conditions used for determining viability. APPENDIX B SUGGESTED REFERENCES FOR ADDITIONAL READING Alderson, T. (1967). Induction of Geneti- cally Recombinant Chromosomes in the Ab- sence of Induced Mutation. Nature 215:1281- 3 Basu, S. K, et al. (1975). Factor Which Af- fects the Mode of Genetic Recombination in E. Coli. Nature 253:138-40. Berg, P. et al. (1974). Potential Hazards of Recombinant DNA Molecules (letter.). Sci- ence 185-308. Berg, P. et al. (1975). Asilomar Conference on Recombinant DNA Molecules. Science 188 :991-4. Berg, P. et al. (1975). Summary Statement of the Asilomar Conference on Recombinant DNA Molecules. Proc, Nat’. Aca. Sci. USA 72:1981-4. Berg, P. (1976). Genetic Engineering: Chalienge and Responsibility ASM News 42; 273-277. Capaldo, FP. N. (1974). Analysis of the Growth of Recombination-Deficient Strains of E. Coli K-12. J. Bact. 118:242-9. Clark, A. J. (1967). The Beginning of a Genetic Analysis of Recombination Profici- ency. J. Cell. Physiol. 70:Suppl.:165-80. Clark, A. J. (1971). Toward a Metabolic In- terpretation of Genetic Recombination of E. Colt and Its Phages. Ann, Rev. Microbiol. 25: 437-64, Clark, A. J. (1974). Progress Toward a Metabolic Interpretation of Genetic Recom~ dination of E. Colt and Bacteriophage Lamb- da. Genetics 78 :269-71. Cohen, S. N. (1975). Manipulation of Genes. Sei. Amer. 233 724-33. Curtiss, R. II (1968). Ultraviolet-Induced Genetic Recombination in a Partially Diploid Strain of E. Coli. Genetics 58 :9-64. Felsenstein, J. (1974). The Evolutionary Advantage of Recombination. Genetics 78: 737-56. Fowler, J. V. (1974). Molecular Biologists Call for Temporary Ban on DNA Experiments. Bio. Science 24;533. Green, M. M. (1968). Some Genetic Prop- erties of Intrachromosomal Recombination. Molec, Gen. Genet. 103:209-17. Harvey, C. L. (1973). Lambda Phage DNA: Joining of a Chemically Synthesized Cohesive End. Science 179:291-3. Helling, R. B. (1969). Recognition of Al- tered DNA in Recombination. J. Bact. 100: 224-30. Hotchkiss, R. D. (1971). Toward a General Theory of Genetic Recombination in DNA, Adv. Genet. 16:325-48. Hotchkiss, R. D. (1974). Models of Genetic Recombination, Ann. Rev. of Microbiol. 28 (0) :445-68. Hotchkiss, R. D. (1974). Molecular Basis for Genetic Recombination, Genetics 78 :247~57. Hubacek, J. et al. (1967). Formation of Recombinants in E. Coli and a Gene Control- ling the Expression of a Donor Marker. Folia Microbiol. (Praha) 12:422-31. Kilbourne, E. D. (1969). Future Influenza Vaccines and the Use of Genetic Recombi- nants. Bull. W.H.O, 41:643-5. Kushner, S. R. et al. (1971). Genetic Re- combination in E. Coli: The Role of Exonu- clease. Proc. Nat'l Acad. Sci. USA 68-924—-7. Lederberg, J, (1975). DNA Splicing: Wiil Fear Rob Us of Its Benefits? Prism, Nov. 1975, p. 33) - Marx, J. L. (1973). Restriction Enzymes: New Tools for Studying DNA. Science 180: 482-5. McCahon, D. et al. (1973). Use of Recom- Gination in the Production of Influenza Vac- cine Strains. Postgrad, Med. J. 49:195-9. Meselson, M. 8. et al. (1975). A General Model for Genetie Recombination. Proc. Nat'l. Aca. Sci. USA 72;358-61. Nash, H. A. (1975). Integrative Recombina- tion in Bacteriophage Lambda: Analysis of Recombinant DNA. J. Mol. Biol. 91:501~14. Norkin, L. C. (1970). Marker Specifie Effects in Genetic Recombination. J. Mot. Biol. 52: 491-9. Putrament, A. (1971). Recombination and Chromosome Structure in Eukaryotes. Genet. Res. 18:85-95. Potential Hazards of Recombinant DNA Molecules. Proc. Nat'l. Acad. Scl. USA 71: 2593-4, Russo, V. E. (1973). On the Physical Structure of Lambda Recombinant DNA. Mol. Gen. Genet. 222:353-66. Signer, E. et al. (1968). The General Re- combination System of Bacteriophage Lambda. Sympos. Quant. Biol. 33:11-4. Stmchen, G. et al. (1969). Fine and Coarse Controls of Genetic Recombination. Nature (London) 222:329-32. Sinsheimer, R. (1975). Troubled Dawn for Genetic Engineering. New Scientist, Oct. 16, 1975. Smith, J. M. (1974). Recombination and the Rate of Evolution. Genetics 78:299-304. Smithies, O. (1974). Letter: Recombinant NDA Molecules. Genetics 77:819-20. Strauss, B. S. (1968). DNA Repair Mech- anisms and Thetr Relation to Mutation and Recombination. Curr. Top. Microbiol. Im- munol, 4471-85. Tomizawa, J. I (1967). Molecular Mecha- nizms of Genetic Recombination in Bac- tertophage: Joint Molecules and Their Con- version to Recombinant Molecules. J. Cell. Physiol. 70:Suppl. 201-13. Wade, N. (1976). Recombinant DNA: The Last Look Before the Leap. Science 192:236— 8 Walmsley, R. H. (1969). The General The- ory of Mapping Functions for Random Ge- netic Recombination. Biophys. J. 9:421-$1. “Whitehouse, H. L. (1970). The Mechanism of Genetic Recombination. Biol. Rev. 45:-265- 315. Wood, T. H. (1967). Genetic Recombina- tion in E. Coli: Clone Hetrogenity and the Kinetics of Segregation. Science 157:319-21, Appendix C DOCUMENTS DESCRIBING THE IMPLEMENTATION OF THE GUIDELINES DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, PUBLIC HEALTH SERVICE, NATIONAL INSTITUTES OF HEALTH June 18, 1976. To: Director, NIH, Through: Director, NIGMS, NIH. From: Executive Secretary, Recombinant DNA Molecule Program Advisory Committee. Subject: Operation of the Office of Recom- binant DNA Activities (ORDA). The proposed structure and responsibill- ties of an Office of Recombinant DNA Ac- tivities (ORDA) were described in Dr. Kirschstein’s memorandum to you of April 28, 1976. The purpose of this docu- ment is to present our views as to how such an office can function effectively at the NIH. Consequently, the following relation- ships and activities are discussed: I. Office of the Director, NIH (OD, NIH). The Office of Recombinant DNA Activities (ORDA) will be responsible for keeping the Office of the Director, NIH, (OD. NIH} and FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 particularly the Deputy Director for Sci- ence informed concerning the activities of ORDA, the status of BID extramural pro- grams and intramural] research involving re- combinant DNA molecules, and on scien- tific and public developments which may affect NIH policy decisions and procedures re- garding recombinant DNA technology, ORDA will interact with the Deputy Director for Science and the Associate Director for Col- laborative Research, NIH in their capacities as chairman and vice-chairman, respectively, of the Recombinant DNA Molecule Program Advisory Committee (Recombinant Advisory Committee). * OD, NIH, in turn, should involve ORDA in all major planning activities leading to formation of NIH policies and procedures. As is current practice, #he Executive Secre- tariat, NIH will provide ORDA with infor- mation copies of all correspondence relat- ing to recombinant DNA matters. OD, NIH should provide ORDA with copies of out- going correspondence, responses to Con- gressional inquiries, etc., to ensure that the NIH maintains uniform positions on the yarious matters relating to this technology. An Executive Recombinant DNA Commit- tee (Executive Committee) should be estab- HMshed in the Office of the Director, NIH. Members of the Committee would be: Deputy Director for Science (Chairman); Associate Director for Extramural Research and Train- ing; Associate Director for Collaborative Re- search; Associate Director for Program Plan- ning and Evaluation; Director, Office of Re- search Safety, NCI; and Associate Director for Environmental Health and Safety, DRS. The Special Assistant for Intramural Affairs will serve as Executive Secretary of the Executive Committee. There will be representation on this committee of one or more of the BIDS most involved in the support of research utilizing this technology. Problems (such as suitability of institutional biohazards com- mittees, adequacy of review of applications, appropriateness of proposed new initiatives by BIDs, etc.) which cannot be resolved at the level of ORDA will be referred to the Ex- ecutive Committee. Problems which can not be resolved at the level of the Executive Com- mittee will be referred to the Recombinant Advisory Committee or subcommittees there- of by telephone, mail or presentation at the next meeting. The Deputy Director for Science will have the ultimate responsibillty for decisions and can make urgent decisions without consultation with the committees. (OD, NIH may wish to propose an alternative approach other than the establishment of an Executive Committee) . The Deputy Director for Science, NIH, will have the responsibility for assigning to the individual BIDs various projects developed by the Executive Committee or Recombinant Advisory Committee or solicited by ORDA. The Office of the Director, NIH will be responsible for promulgation and enforce- ment of regulations, and for accountability to congressional committees, DHEW, and the public. ORDA will keep the Deputy Director for Science, NIH informed of any potential problems which may lead to regulatory ac- tivities and/or need for accountability and may make appropriate recommendations in these circumstances. II. Dissemination of information. The Office of the Director, NIH will be responsible for the promulgation of “Guidelines for Research Involving Recombinant DNA Molecules” (Guidelines), and should undertake the ini- tial mass distribution of Guidelines to in- stitutions and research laboratories through its mailing keys and use of the appropriate instrument, such as the “NIH Guide for Grants and Contracts” (NIH Guide), NIH Manual Issuance (NIH Manual), etc. There- after, ORDA will be responsible for distribut- ing Guidelines and responding to requests by NOTICES institutions and investigators regarding NIH policies and procedures. Dissemination of major changes in the Guidelines should also be handled as above. The NIAID wiil have responsibility for pub- lication of the “Nucleic Acid Recombinant Scientific Memoranda” (NARSM). Major an- nouncements in NARSM, such as distribution of Guidelines, statements of NIH policies and procedures, announcements of certified host- vector systems, training courses, workshops, conferences, etc. will be coordinated with ORDA. IIL. Division of research grants. ORDA will work with the Associate Director for Scien- tific Review, DRG on procedures for the re- view of grant applications involving recom- binant DNA technology. On request, ORDA will brief executive secretaries and study sec- tions on NIH policies and procedures, Involvement of DRG in the processing of grant applications is discussed in Appendix A. IV. Institutes and divisions. Institutes and Divisions will be required to report to ORDA on all activities involving recombinant DNA technology, including: intramural research projects, extramural grants and contracts, workshops, training courses, conferences, etc. BIDs will provide ORDA with copies of all incoming and outgoing correspondence deal- ing with recombinant DNA activities. Award- ing components must consult with ORDA prior issuing Requests for Proposals (RFPs) and Requests for Applications (RFAs) likely to result in projects utilizing recombinant DNA technology. Procedures for obtaining in- formation on extramural research, and for the processing of applications are proposed in Appendix A. Procedures for monitoring intramural research are proposed in Appendix B. ORDA will be a source of information for the Institutes and Divisions, and their initial review groups, regarding current NIH policies and procedures. ORDA may establish an inter-BID Recombinant DNA Coordinating Committee to facilitate interchange of infor- mation. Because of the procedures proposed, NIH awarding components may wish to con- sider naming specific staff for Haison wit! ORDA. : V. Special NIH relationships. ORDA will maintain close working relationships with the Director, Office of Research Safety, NCT, the Associate Director for Environmental Health and Safety, DRS and the NIH Bio- hazards Committee, and witl coordinate their activities on matters relating to recombinant DNA technology. The Office of Research Safety, NCI will continue to have primary responsibility for matters relating to physical containment of recombinant DNA materials, and will continue to maintain a register of high containment facilities in this country and abroad. However, plans for site inspec- tions of P4 physical containment facilities currently or envisaged to be engaged in re- combinant DNA research, and of other fa- cilities as deemed necessary, will be coordi- nated through ORDA, and copies of site visit reports will be filled with ORDA. VI. Federal relationships. ORDA will de- velop interrelationships with other federal agencies concerned with recombinant DNA technology, including but not limited to the following: National Academy of Sciences, Na- tional Science Foundation, Energy Research and Development Administration, Depart- ment of Agriculture, Environmental Protec- tion Agency, National Aeronautics and Space Administration, and the Occupational Safety and Health Administration. Parenthetically, it should be mentioned that representatives of the National Academy of Sciences and National Science Foundation are already attending meetings of the Re- combinant Advisory Committee on a regular basis, and the National Aeronautics and Space Administration and the Energy Re- 38441 search and Development Administration have sent a representative to several of the meet- ings. VII. Non-Federal and international rela- tionships. ORDA will attempt to develop in- terrelationships with private foundations, professional societies, scientific journais and industry, and to coordinate NIH policies with international bodies concerned with recom- binant DNA technology. The Executive Sec- retary of the Recombinant Advisory Com- mittee already has a working relationship with the European Molecular Blology Orga- nization. VIII. Institutional Biohazards Committees. ORDA will receive directly from each Iinsti- tution involved in recombinant DNA activi- ties the roster of its institutional biohazards committee. The minimum information should include the names, addresses, occu- pations and qualifications of the chairman and members of the committee. Institutions will be notified by the appropirate instru- ment (NIH Guide, NIH Manual, etc.) of the necessity for filing this information with ORDA. As stipulated in the Guidelines, ORDA will assist in the formation of area biohazards committees composed of members of a given institution and/or other organizations be- yond its own staff. An area committee will be necessary when expertise from outside a given institution 1s necessary for the bio- hazards committee to fulfill Its functions. ORDA will review the composition of in- stitutional biohazards committees for com- pliance with the recommendations stated in the Guidelines, and will maintain updated lists of such complying committees. Serious questions about the suitability of a commit- tee will be brought to the attention of the Executive Committee. IX. Information on accidents, containment and innovations. As stipulated by the Gulde- lines, investigators are required to report to ORDA and to their institutional biohazards committees any serious or extended illness of a worker, or any accidents of the type de- scribed in the Guidelines. The Guidelines also require that investigators report to ORDA and their bichazards committee any problems pertaining to operation and imple- mentation of biological and physical con- tainment safety practices and procedures, or equipment or facility failure. ORDA will receive from investigators in- formation on purported EK2 and EK3 sys- tems, and information bearing on the Guide- lines, such as technical information relating to hazards and new safety procedures or in- novations. ORDA will receive and file these reports and, as appropriate bring them to the at- tention of the Deputy Director for Science, NIH, the Office of Research Safety, NCI, and the Recombinant Advisory Committee or subcommittees thereof. ORDA may, after re- view, recommend appropirate action to the Deputy Director for Science, NIH. X. Recombinant DNA molecule program advisory committee. ORDA will have the management responsibilities for the Recom- binant Advisory Committee, will serve as its staff, and will provide the Executive Secre- tary. Staff functions will include the gather- ing, analysis and dissemination of informa- tion, the presentation of issues, etc. XI. Transition and implementation. Pro- posals for initial gathering of information on NIH activities in this area and implementa- tion of the Guidelines are discussed in this Appendix C. The relationships, responsibilities and pro- cedures proposed in this memorandum and its appendices are wide-ranging and complex. They are, however, an attempt to describe how NIH might administer the Guidelines governing this controversial technology re- sponsibly and effectively. I look forward to FEDERAL REGISTER, VOL. 43, NO. 176—THURSDAY, SEPTEMBER 9, 1976 38442 hearing your comments and those of your staff on these proposals. WILLIAM J. GARTLAND, Jr., Ph. D. APPENDIX A TO APPENDIX C PROCESSING, REVIEW, AND MANAGEMENT OF EXTRAMURAL PROJECTS INVOLVING RECOM- BINANT DNA TECHNOLOGY I. General. The purpose of this appendix is to discuss procedures for the processing, re- view and management of NIH supported projects which involve the use of recombi- nant DNA technology. The term “application”, as used here, refers to all contract proposals and grant applications for research projects, program projects, centers, training, fellow- ships, research career development, etc., as defined in NIH Manual Issuance 4101: “Ac- tivity Codes, Organizational Codes and Defi- nitions used in Extramural Programs.” The procedures would apply to applications re- viewed by DRG study sections and Institute and Division initial review groups. Il. Capture of information. One of the primary functions of the Office of Recombi- nant DNA Activities (ORDA) is to maintain a central register of NIH supported projects which involve recombinant DNA technology so that the NIH will know where these proj- ects are located and will have the capability of rapidly communicating with project di- rectors should the need arise. In order to maintain an updated central register of projects it will be necessary for the NIH to modify application forms to in- dicate on the face sheet whether or not re- combinant DNA technology is involved in the project. This could be modeled after the statement currently in use regarding re- search involving human subjects. The infor- mation would be captured, as is the case for human experimentation, and permit sorting by different parameters such as awarding component, geographic location of projects, ete. III. Receipt of applications. Through the use of appropriate instrument (NIH Guide, NIH Manual, etc.), the NIH will in- form applicants of the necessity for assess- ing the physical and biological containment required for the proposed experiments as stipulated in the NIH guidelines. This assess- ment must be incorporated into the applica- tion. All applications requesting support for projects. involving recombinant DNA tech- nology will be required to have on file two documents: A Memorandum of Understand- ing and Agreement (MUA) and a Certifica- tion Statement (Certification) from the in- stitutional biohazards committee. The NIH must and will require that a properly exe- cuted MUA and Certification accompany all applications proposing to use recombinant DNA technology. This will eliminate the need for tracking these documents after the appli- cation is accepted for review. The originals of these documents will be placed in the official files of the NIH awarding components with copies on file in ORDA. IV. Review of applications. The executive secretaries of initial review groups are re- sponsible for identifying all applications in- volving recombinant DNA technology, and for placing on the first page of every sum- mary statement the following special note: RECOMBINANT DNA MOLECULES—POTENTIAL BIOHAZARD The executive secretaries are responsible for ensuring that the initial review groups make an independent assessment of the bio- logical and physical containment levels re- quired for the proposed experiments, and for stating in the text of the summary state- ment the initial review group’s determina- tion as to whether the containment levels proposed by the investigator meet the levels NOTICES stipulated in. the NIH guidelines. If the pro- posed containment levels are inadequate, the initial review group should discuss, in as much detail as possible, the inadequacies of the proposed containment and under what circumstances, if at all, the application should be eligible for funding. Initial review groups should be encouraged to disapprove applications if the proposed containment levels are so inadequate as to be irresponsi- ble. It will be the responsibility of the awarding unit to inform applicants directly as to the fact that this was the reason for disapproval, . Executive secretaries and members of rele- vant initial review groups will receive a copy of the Guidelines to permit them to make these judgments. Problems relating to as- sessment of biological and physical contain- ment levels proposed by investigators versus those required by the Guidelines will be re- ferred to ORDA. As in the case of human experimentation, national advisory councils and boards and final review bodies are expected to carefully scrutinize proposals, involving recombinant DNA technology, and make appropriate recommendations. V. Award of new and competing renewal projects. Prior to the award of any project involving recombinant DNA technology, the NIH awarding component will forward to ORDA one copy of each of the following documents: The application, summary state- ment, MUA, Certification, any comments of the final review body, and a request for clearance to award. In those cases in which the initial or final review group, or staff of an awarding BID finds that a project re- quires a higher level of containment than that originally proposed by the applicant or the institution, a properly executed revised MUA and Certification Statement will be required prior to a request for approval to award, ORDA will review the documents and indicate concurrence or non-concurrence with the request for clearance to award. In the latter case, ORDA will prepare a memo- randum outlining the reasons for disapprov- al but emphasizing that the action is inde- pendent of scientific merit or other reasons. Such a memorandum should be forwarded to the applicant through the awarding unit. In those cases in which ORDA is not able to reach a decision, or in which the awarding component or applicant disputes the deci- sion, the decision will be submitted to the Executive Committee, and, if necessary, to the Recombinant Advisory Committee, for review. The final decision will rest with the Deputy Director for Science, NIH. BIDs will forward to ORDA a copy of all award statements Involving these applica- tions. ORDA will retain in its files the documents cited above. In the event that the volume of filed documents becomes excessive, ORDA will retain a copy of the face sheet of a funded application rather than the entire application. In those cases in which the proposed project involving recombinant DNA technology is but one component of a mul- tiproject application, ORDA will retain in its files the face sheet of the application and the section(s) describing the project(s) in- volving recombinant DNA technology. It must be emphasized that the primary responsibility for ensuring that applications have been properly reviewed, and that re- quired documents are properly executed lies with NIH staff involved with the initial re- view groups and program areas. The proce- dures proposed above are intended to serve as a final review prior to award. ORDA will be available to NIH staff for advice and con- sultation, but it can not be expected to make decisions for review units and awarding components. VI. Award of non-competing renewals and incrementally-funded contracts. Bach non~ competing renewal of a grant and subsequent budget. period of an incrementally-funded contract utilizing recombinant DNA tech- nology must be accompanied by an updated Certification Statement from the institu- tional biohazards committee. Prior to any award of this type the program official in the awarding component has the responsi- bility for reviewing the application for con- formity with the Guidelines, for determin- ing whether the proposed protocols do or do not require a higher level of containment thfin was required in the application as re- viewed by the initial review group, and for ensuring that the required documents are properly executed. The program official will then forward to ORDA one copy of the ap- plication and the certification statement, along with a request for clearance to award. The latter will include a statement to the effect that the program official has reviewed the application for conformity with the Guidelines, and that the proposed contain- ment levels are adequate. Thereafter, the procedures described in V will be followed, and BIDs will forward to ORDA a copy of all award statements involving these proj- ects. If the investigator proposes to significantly alter an approved protocol at the time of the non-competing renewal or subsequent budg- et period of an incrementally-funded con- tract, then the procedures described in VI must be followed. It is the responsibility of the program official to ensure that all the in- formation and properly executed documents required in VII are present in the application prior to forwarding the request to ORDA. VII. Changes in awarded projects. Since in many cases the NIH supports projects for project periods longer than one year, a num- ber of situations will arise in funded projects. One situation arises when an investigator makes a decision to utilize recombinant DNA technology after the project has been reviewed and awarded. Another situation arises when an investigator decides to close DNA segments other than those originally reviewed, and for which higher levels of con- tainment may be required. In these cases, and in all cases in which an investigator wishes to significantly alter an approved pro- tocol, the investigator must first apply to the NIH awarding component for permission before proceeding. This requirement should be stated in the appropriate NIH instrument (NIH Manual, NIH Guide, etc.) The investi- gator will be required to submit to the award- ing component a proposed protocol, an assessment of the levels of physical and bio- logical containment required by the Guide- lines, an MUA, and a Certification Statement from the institutional biohazards commit- tee. The program official in the awarding component has the responsibility for review- ing the request in light of the Guidelines, for ensuring that the required documents are properly executed, and for forwarding to ORDA a copy of all the documents along with a recommendation. The latter should in- clude the program official's independent assessment of the levels of physical and biological containment required by the NIH Guidelines, and a recommendation as to how to proceed. ORDA will review the request, and, when appropriate, refer the request to the initial review group, the Recombinant Advisory Committee, or ad hoc consultants. VIII. Requests for lowering of containment levels. Under “‘characterized clones of DNA recombinants derived from shotgun experi- ments,” the Guidelines state: * * * before containment conditions lower than the ones used to clone the DNA can be adopted, the investigator must obtain ap- proval from the granting agency. Such ap- FEDERAL REGISTER, VOL. 41, NO. 176——THURSDAY, SEPTEMBER 9, 1976 proval would be contingent upon data con- cerning: (a) The absence of potentially harmful genes (e.g., sequences contained in indigenous tumor viruses or which code for toxic substances), (b) the relation between the recovered and desired segment (e.g., hy- bridization and restriction endonuclease fragmentation analysis where applicable), and (c) maintenance of the biological prop- erties of the vector. This stipulation for NIH approval may be one of the most difficult sections of the Guidelines to implement. This is because of the technical nature of the data to be eval- uated, and because of the volume of requests which can be anticipated. Therefore, the fol- lowing proposed procedures are especially viewed as a feasibility trial. An investigator who wishes to use lower jJevels of containment for characterized clones derived from shotgun experiments must state, in writing, the justification for the request to the program official of the NIH awarding component. Such justification will provide data on (a), (b) and (c) as stated above. The program official will retain the original request in the award- ing component’s file, and forward a capy to ORDA which will submit the request to the Recombinant Advisory Committee or to a subcommittee therecf for evaluation, or, if a precedent has been established, will make a decision independently. The decision will be forwarded to the program official who may appeal. The final decision rests with the Deputy Director for Science, NIH. IX. Large-scale experiments. The Guide- lines state that: * * * at this time large-scale experiments (e.g., more than 10 liters of culture) with re- combinant DNAs known to make harmful products are not to be carried out * * *, However, specific experiments in this cate- gory may be exempted from this rule if spe- cial biological containment precautions and equipment designed for large-scale opera- tions are used, and provided that these ex- periments are expressly approved by the Re- combinant DNA Molecule Program Advisory Committee. An investigator who wishes to conduct such experiments must submit a request, along with a properly executed MUA and Certifica- tion Statement from the institutional bio- hazards committee, to the program official of the NIH awarding component. The pro- gram official will retain the original request in the awarding component’s file, and for- ward copies to ORDA, ORDA will bring the request to the attention of the Recombinant Advisory Committee or subcommittees thereof, by mail, telephone, or presentation at the next meeting or, if a precedent has been established, will make a decision in- @ependently. APPENDIX B TO APPENDIX C NIH INTRAMURAL RESEARCH Because NIH intramural research projects are reviewed in a very different fashion than extramural projects, different procedures are applicable than those proposed in Appen- dix A, At present, the Chief of the Laboratory in which an investigator plans to utilize recombinant DNA technology requests ap- proval through the Scientific Director of the relevant BID to the Deputy Director for Science, NIH with copies to the Associate Director for Environmental Health and Safety, DRS. The request for approval is in the form of a draft Memorandum of Under- standing and Agreement (MUA) which de- scribes the type of experiment, nature of host-vector system, assessment of potential risk, proposed safety measures, proposed training of personnel, etc. The Deputy Direc- NQTCES tor for Science then requests the NIH Bio- hazards Committee to review the research plan and procedures proposed in the draft MUA. The recommendations of the NIH Bio- hazards Committee are forwarded to the Deputy Director for Science, NIH. Recom- mendations of the NIH Biohazards Commit- tee must be included in a final MUA, and the Associate Director for Environmental Health and Safety, DRS must certify that the safety measures included in the final MUA are available. The research cannot pro- ceed until the final MUA is fully approved. The original copy of the MUA is sent to the Associate Director for Environmental Health and Safety, DRS with copies to the requesting investigator, the Laboratory Chief, the Scien- tific Director and the-Executive Secretary of the NIH Biohazards Committee. It is proposed here that a copy of the final MUA be forwarded to ORDA for review. If ORDA does not concure with the recom- mendations of the NIH Biohazards Commit- tee, it may request the Deputy Director for Science, NIH to bring the matter to the attention of the Executive Committee or the Recombinant Advisory Committee for resolu- tion. ORDA will assist the NIH Biohazards Com- mittee with problems relating to assessment of biological and physical containment levels proposed by investigators versus those re- quired by the Guidelines, with requests for the use of lower containment levels for characterized clones derived from shotgun experiments, and with requests for permission to do large-scale experiments with recom- binants known to make harmful products. ORDA will also assist the NIH Biohazards Committee in periodic review and revisions of MUAs. If ORDA does not concur with the decisions of the NIH Biohazards Committee, it may request the Deputy Director for Science, NIH to bring the matter to the attention of the Executive Committee or the Recombinant Advisory Committee. APPENDIX C TO APPENDIX C TRANSITION AND IMPLEMENTATION The procedures proposed in Appendices A and B should be implemented as soon as possible. However, clearly there will be an interim period after the Guidelines are issued and before all the procedures are function- ing. It is the purpose of this Appendix to Propose how the Office of Recombinant DNA Activities (ORDA) might initiate coordina- tion and gathering of information during this period. I. Intramural research. ORDA will brief the Scientific Directors of the BIDs who will be expected to assure ORDA and the Deputy Director for Science, NIH of present and future compliance by intramural research scientists with the Guidelines. ORDA will request the Deputy Director for Science, NIH to provide a copy of the final MUA on all intramural projects, utiliz- ing recomingant DNA technology, which are already in progress. After review of the MUAs, ORDA will report any concerns to the Deputy Director for Science, NIH. Il. Extramural programs. ORDA will brief the Executive Committee for Extramural Af- fairs on NIH policies and procedures. BIDs will be required to report to ORDA all presents or planned workshops, training courses, conferences, etc., relating to recom- binant DNA technology. BIDs must also re- port ail present or planned RPFs and RF As likely to result in projects utilizing recom- binant DNA technology. After review of this information, ORDA will report any concerns to the Deputy Director for Science, NIH and/ or the Executive Committee. With regard to active grants and contracts, BIDs will be required to submit to ORDA a copy of the application, summary state- ment and award statement for each cur- rently funded project involving recombinant DNA technology. NIH awarding components will be responsible for ensuring that this reporting is as complete as possible. BIDs will send a letter to investigators identified in the paragraph above to deter- mine whether active research projects are in compliance with the Guidelines. Responses to this query will be retained in BID of- ficial files, and a copy will be forwarded to ORDA for review. If ORDA is satisfied that a project is in compliance with the Guide- lines, no further action is required. If the investigator reports that the project is not in full compliance with the guidelines, those aspects of the project which are not in com- Pliance will have to be terminated. However, investigators will have the opporéunity to petition the Recombinant Advisory Commit- tee to permit continued use cf characterized clones already in existence and constructed under Asilomar guidelines. Presumably, the use of these clones will be permitted to con-. tinue until the Recombinant Advisory Com- mittee or a subcommittee thereof, has ren- dered its opinion. The above procedures assume that all in- vestigators are already at least in compli- ance with Asilomar guidelines. If projects are identified which appear not to be in com- pliance with Asilomar guidelines, they will be brought to the immediate attention of the Deputy Director for Science, NTH and the Re- combinant Advisory Committee. APPENDIX D RECOMBINANT DNA RESEARCH Guidelines as published in the FEDERAL REGISTER, Part IT, July 7, 1976 On Wednesday, June 23, 1976, the Director, National Institutes of Health, with the con- currence of the Secretary of Health, Educa- tion, and Welfare, and the Assistant Secre- tary for Health, issued guidelines that will govern the conduct of NIH-supported re- search on recombinant DNA molecules. The NIH is also undertaking an environmental impact assessment of these guidelines for recombinant DNA research in accordance with the National Environmental Policy Act of 1969, The NIH Guidelines establish carefully controlled conditions for the conduct of ex- periments involving the production of such molecules and their insertion into organisms such as bacteria. These Guidelines replace the recommendations contained in the 1975 “Summary Statement of the Asilomar Con- ference on Recombinant DNA Molecules.” The latter would have permitted research under less strict conditions than the NIH Guidelines. The chronology leading to the present Guidelines is described in detail in the NIH Director’s decision document that follows. In summary, scientists engaged in this re- search called, in 1974, for a moratorium on certain Kinds of experiments until an inter- national meeting could be convened to con- sider the potential hazards of recombinant DNA melecules. They also called upon the NIH to establish a committee to provide ad- vice on recombinant DNA technology. The international meeting was held at the Asilomar Conference Center, Pacific Grove, California, in February 1975. The consensus of this meeting was that certain experiments should not be done at the present time, but that most of the work on construction of re- combinant DNA molecules should proceed with appropriate physical and biological bar- riers. The Asilomar Conference report also FEDERAL REGISTER, VOL. 41, NO. 176——THURSDAY, SEPTEMBER 9, 1976 38444 made interim assignments of the potential risks associated with different types of experi- ments. The NIH then assumed responsibility for translating the broadly based Asilomar recommendations into detailed guidelines for research. The decision by the NIH Director on these Guidelines was reached after extensive scien- - tific and public airing of the issues during the sixteen months which have elapsed since the Asilomar Conference. The issues were discussed at public meetings of the Re- combinant DNA Molecule Program Advisory Committee (Recombinant Advisory Commit- tee) and the Advisory Committee to the NIH Director. The Recombinant Advisory Com- mittee extensively debated three different versions of the Guidelines during this period. The Ad¥isory Committee to the NIH Direc- tor, augmented with consultants representing law, ethics, consumer affairs and ‘the environ- ment, was asked to advise as to whether the proposed Guidelines balanced re- sponsibility to protect the public with the potential benefits through the pursuit of new knowledge. The many different points of view expressed at this meeting were taken into consideration in the decision. The NIH recognizes a special obligation to disseminate information on these guidelines as widely as possible. Accordingly, the Guide- jines will be sent to all of the approximately 95,000 NIH grantees and contractors. Major professional societies which represent scien- tists working in this area will also be asked to endorse the Guidelines. The Guidelines will be sent to medical and scientific journals and editors of these journals will be asked to request that investigators include a de- scription of the physical and biological con- tainment procedures used in any recombin- ant research they report on. International health and scientific organizations will also receive copies of the guidelines for their review. Filing of an environmental impact state- ment will provide opportunity for the scien- tific community, Federal, State and local agencies and the general public to address the potential benefits and hazards of this re- search area. In order for there to be fur- ther opportunity for public comment and consideration, these guidelines are being offered for general comment in the FEDERAL RecisTer. It must be clearly understood by the reader that the material that follows is not proposed rulemaking in the technical sense, but is a document on which early public comment and participation is invited. Please address any comments on these draft policies and procedures to the Director, National Institutes of Health, 9000 Rockville Pike, Bethesda, Maryland 20014. All comments should be received by November 1, 1976. Additional copies of this notice are avail- able from the Acting Director, Office of Re- combinant DNA Activities, National Institute of General Medical Sciences, National Insti- tutes of Health, 9000 Rockville Pike, Bethesda, Maryland 20014. Donatp S, FREDRICKSON, M.D., Director, National Institutes of Healtn. JUNE 25, 1976. DECISION OF THE DrrEctToR, NATIONAL INSTITUTES OF HEALTH TO RELEASE GUIDELINES FOR RESEARCH ON RECOM- BINANT DNA MOLECULES JUNE 23, 1976. CONTENTS Introduction I. General Policy Considerations A. Science Policy B. Implementation Within the NIH NOTICES C. Implementation Beyond the Purview of NIH D. Environmental Policy Methods of Containment (See Guide- lines II) Prohibited Experiments lines IIT, A) Permissible Experiments: E. Coli K-12 Host-Vector Systems (See Guidelines Tif, B, 1) . Classification of Experiments Using the E, Coli K-12 Containment Systems (See Guidelines III, B, 2) Classification of Experiments Using Con- tainment Systems Other than E. Coli K-12 (See Guidelines III, B, 4) Roles and Responsibilities (See Guide- lines IV) INTRODUCTION on Ift. (See Guide- Iv. VI. Vil. Today, with the concurrence of the Secre- tary of Health, Education, and Welfare and the Assistant Secretary for Health, I am re- leasing guidelines that will govern the con- duct of NIH-supported research on recom- binant DNA molecules (molecules resulting from the recombination in cell-free systems of segments of deoxyribonucleic acid, the ma- terial that determines the hereditary charac- teristics of all known cells). These guidelines establish carefully controlled conditions for the conduct of experiments involving the in- sertion of such recombinant genes into orga- nisms, such as bacteria. The chronology lead- ing to the present guidelines and the deci- sion to release them are outlined in this in- troduction. In addition to developing these guidelines, NIH has undertaken an environmental im- pact assessment of these guidelines for re- combinant DNA research in accordance with the National Environmental Policy Act of 1969 (NEPA). The guidelines are being re- leased prior to completion of this assessment, They will replace the current Asilomar guide - lines, discussed below, which in many in- stances allow research to proceed under less strict conditions. Because the NIH guidelines will afford a greater degree of scrutiny and protection, they are being released today, and will be effective while the environmental im- pact assessment is under way. Recombinant DNA research brings to the fore certain problems in assessing the poten- tial impact of basic science on society as @ whole, including the manner of providing public participation in those assessments. The field of research involved is a rapidly moving one, at the leading edge of biological science. The experiments are extremely tech- nical and complex. Molecular biologists active in this research have means of keeping in- formed, but even they may fail to keep abreast of the newest developments. It is not surprising that scientists in other fields and the general public have difficulty in under- standing advances in recombinant DNA re- search. Yet public awareness and understand- ing of this line of investigation is vital. It was the scientists engaged in recombi- nant DNA research who called for a morato- rium on certain kinds of experiments in order to assess the risks and devise appropri- ate guidelines. The capability to perform DNA recombinations, and the potential haz- ards, had become apparent at the Gordon Research Conference on Nucleic Acids in July 1973. Those in attendance voted to send an open letter to Dr. Philip Handler, President of the National Academy of Sciences, and to Dr. John R. Hogness, President of the Insti- tute of Medicine, NAS. The letter, appearing in “Science 181,” 1114, (1973), suggested “that the Academies [sic] establish a study committee to consider this problem and to recommend specific actions. or guidelines, should that seem appropriate.” In response, NAS formed a committee, and its members published another letter in “Science 185,”" 303, (1974). Entitled “Poten- tial Biohazards of Recombinant DNA Mole- cules,” the letter proposed: First, and most important, that until the potential hazards of such recombinant DNA molecules have been better evaluated or until adequate methods are developed for preventing their spread, scientists through- out the world join with the members of this committee in voluntarily deferring * * * [certain] experiments * * *. Second, plans to link fragments of animal DNAs to bacterial plasmid DNA or bacterio- phage DNA should be carefully weighed * * *. Third, the Director of the National Insti- tutes of Health is requested to give immedi- ate consideration to establishing an advisory committee charged with (i) overseeing an experimental program to evaluate the po- tential biological and ecological hazards of the above types of recombinant DNA mole- cules; (ii) developing procedures which will minimize the spread of such molecules within human and other populations; and (ii) devising guidelines to be followed by in- vestigators working with potentially hazard- ous recombinant DNA molecules. Fourth, an international meeting of in- volved scientists from all over the world should be convened early in the coming year to review scientific progress in this area and to further discuss appropriate ways to deal with the potential biohazards of recombi- nant DNA molecules. On October 7, 1974, the NIH Recombinant DNA Molecule Program Advisory Committee (hereafter “Recombinant Advisory Commit- tee”) was established to advise the Secretary, HEW, the Assistant Secretary for Health, and the Director, NIH, “concerning a program for developing procedures which will mini- mize the spread of such molecules within human and other populations, and for de- vising guidelines to be followed by investi- gators working with potentially hazardous recombinants.” The international meeting proposed in the “Science” article (185, 303, 1974) was held in February 1975 at the Asilomar Conference Center, Pacific Grove, California. It was sponsored by the National Academy of Sci- ences and supported by the National Insti- tutes of Health and the National Science Foundation. One hundred and fifty people attended, Including 52 foreign scientists from 15 countries, 16 representatives of the press, and 4 attorneys. The conference reviewed progress in re- search on recombinant DNA molecules and discussed ways to deal with the potential biohazards of the work. Participants felt that experiments on construction of recombinant DNA molecules should proceed, provided that appropriate biological and physical contain- ment is utilized. The conference made rec- ommendations for matching levels of con- tainment with levels of possible hazard for various types of experiments. Certain ex- periments were judged to pose such serious potential dangers that the conference recom- mended against their being conducted at the present time. A report on the conference was submitted to the Assembly of Life Sciences, National Research Council, NAS, and approved by its Executive Committee on May 20, 1975. A summary statement of the report was pub- lished in “Science 188,” 991 (1975), “Nature 925,” 442, (1975), and the “Proceedings of the National Academy of Sciences 72,” 1981, (1975). The report noted that “in many countries steps are already being taken by national bodies to formulate codes of prac- tice for the conduct of experiments with Known or potential biohazard. Until these are FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 established, we urge individual scientists to use the proposals in this document as a guide.” The NIH Recombinant Advisory Committee held its first meeting in San Francisco im- mediately after the Asilomar conference. It proposed that NIH use the recommendations of the Asilomar conference as guidelines for research until the committee had an oppor- tunity to elaborate more specific guidelines, and that NIH establish a newsletter for in- formal distribution of information. NIH ac- cepted these recommendations. At the second meeting, held on May 12-13, 1975, in Bethesda, Maryland, the committee received a report on biohazard-containment facilities in the United States and reviewed a proposed NIH contract program for the con- struction and testing of microorganisms that would have very limited ability to survive in natural environments and would thereby limit the potential hazards. A subcommittee chaired by Dr. David Hogness was appointed to draft guidelines for research involving re- combinant DNA molecules, to be discussed at the next meeting. The NIH committee, beginning with the @raft guidelines prepared by the Hogness sub- committee, prepared proposed guidelines for research with recombinant DNA molecules at its third meeting, held on July 18-19, 1975, in Woods Hole, Massachusetts. Following this meeting, many letters were received which were critical of the guidelines. The majority of critics felt that they were too lax, others that they were too strict. All letters were reviewed by the committee, and & new subcommittee, chaired by Dr. Eliza- beth Kutter, was appointed to revise the guidelines. A fourth committee meeting was held on December 4-5, 1975, in La Jolla, California. For this meeting a ‘‘variorum edition” had been prepared, comparing line-for-line the Hogness, Woods Hole, and Kutter guidelines. The committee reviewed these, voting item- by-item for their preference among the three variations and, in many cases, adding new material. The result was the “Proposed Guidelines for Research fnvolving Recom- binant DNA Molecules,” which were referred to the Director, NTH, for a final decision in December 1975. As Director of the National Institutes of Health, I called a special meeting of the Ad- visory Committee to the Director to review these proposed guidelines. The meeting was held at NIH, Bethesda, on February 9-10, 1976. The Advisory Committee is charged to advise the Director, NIH, on matters relating to the broad setting—scientific, technological, and socioeconomic—in which the continuing development of the biomedical sciences. edu- cation for the health professions, and bio- medical communications must take place, and to advise on their implications for NIH policy, program development, resource allo- cation, and administration. The members of the committee are knowledgeable in the fields of basic and clinical biomedical sciences, the social sciences, physical sciences, research, education, and communications. In addition to current members of the committee, I in- vited a number of former committee mem- bers as well as other scientific and public rep- resentatives to participate in the special February session. The purpose of the meeting was to seek the committee’s advice on the guidelines proposed by the Recombinant Advisory Com- . mittee. The Advisory Committee to the Di- rector was asked to determine whether, in their Judgment, the guidelines balanced scientific responsibility to the public with scientific freedom to pursue new knowledge. FEDERAL REGISTER, VOL. 41, NO. 17 NOTICES Public responsibility weighs heavily in this genetic research area. The scientific commu- nity must have the public’s confidence that the goals of this profoundly important re- search accord respect to important ethical, legal, and social values of our society. A key element in achieving and maintaining this public trust is for the scientific community to ensure an openness and candor in its pro- ceedings. The meetings of the Director's Advi- sory Commitiee, the Asilomar group, and the Recombinant Advisory Committee have re- flected the intent of science to be an open community in considering the conduct of recombinant DNA experiments. At the Direc- tor's Advisory Committce meeting, there was ample opportunity for comment and an air- ing of the issues, not only by the committee members but by public witnesses as well. All major points of view were broadly repre- sented. I have been reviewing the guidelines in light of the comments and suggestions made by participants at that meeting, as well as the written comments received afterward. As part of that review I asked the Recombinant Advisory Committee to consider at their mecting of April 1-2, 1976, a number of selected issues raised by the commentators. I have taken those issues and the response of the Recombinant Advisory Committee into account in arriving at my decision on the guidelines. An analysis of the issues and the basis for my decision follow: I. GENERAL POLICY CONSIDERATIONS A word of explanation might be interjected at this point as to the nature of the studies in question. Within the past decade, enzymes capable of breaking DNA strands at specific sites and of coupling the broken fragments in new combinations were discovered, thus making possible the insertion of foreign genes into viruses or certain cell particles (plas- mids). These, in turn, can be used as vec- tors to introduce the foreign genes into bac- teria or into cells of plants or animals in test tubes. Thus transplanted, the genes may im- part their hereditary properties to new hosts. These cells can be isolated and cloned—that is, bred into a geneticaly homogeneous cul- ture, In general, there are two potential uses for the clones so produced: as a tool for studying the transferred genes, and as a new useful agent, say for the production of a scarce hormone. Recombinant DNA research offers great promise, particularly for improving the un- derstanding and possibly the treatment of various diseases. There is also a potential risk—that microorganisms with transplanted genes may prove hazardous to man or other forms of life. Thus special provisions are necessary for their containment. All commentators acknowledged the ex- emplary responsibility of the scientific com- munity in dealing publicly with the poten- tial risks in DNA recombinant research and in calling for a self-imposed moratorium on certain experiments in order to assess po- tential hazards and devise appropriate guide~ lines. Most commentators agreed that the process leading to the formulation of the proposed guidelines was a most responsible and responsive che. Suggestions by the com- mentators on broad policy considerations are presented below. They relate to the science policy aspects of the guidelines, the imple- mentation of the guidelines for NIH erantees and contractors, and the scope and impact of the guidelines nationally and interna- tionally. A. SCIENCE POLICY CONSIDERATIONS Commentators were divided on how best to steer a& course between stifling research through excessive regulation and alloy ing cs “4 a e ma an uu x ofthis it to continue with sufficient controls. Sev- eral emphasized that the public must have assurance that the controls afford adequate protection against potential hazards. In the views of these commentators, the burden is on the scientific community te show that the danger is minimal and that the benefits are substantial and far outweigh the risks. Opinion differed on whether the proposed guidelines were an appropriate response to the potential benefits and hazards. Several found the guidelines to so exagzgegrate safety procedures that inquiry would be unneces- sarily retarded, while others found the guide- lines weighted toward promoting research. The issue was how to strike a reasonable bal- ance—in fact, a proper policy ‘‘bias”"—be- tween concerns to “go slow” and those to progress rapidly. There was strong disagreement about the nature and level of the possible hazards of recombinant DNA research. Several com- mentators believed that the hazards posed were unique. In their view, the occurrence of an accident or the escape of a vector could initiate an irreversible process, with a po- tential for creating problems many times greater than those arising from the multi- tude of genetic recombinations that occur spontaneously in nature. These commenta- tors stress the moral obligation on the part of the scientific community to do no harm. Other commentators, however, found the guidelines to be adequate to the hazards posed. In their view, the guidelines struck an appropriate balance so that research could proceed cautiously. Still other commenta- tors found the guidelines too onerous and restrictive in light of the potential benefits of this research for medicine, agriculture, and industry. Some felt that the guidelines are perhaps more stringent than necessary given the available evidence on the likelihood of hazards, but supported them as a compromise that would best serve the scientific com- munity and the public at large. Many com- mentators urged that the guidelines be adopted as soon as possible to afford more specific direction to this research area. I understand and appreciate the concerns of those who urge that this research proceed because of the benefits and of those who urge caution because of potential hazards. The guidelines issued today allow the research to go forward in a manner responsive and appropriate to hazards that may be realized in the future. The object of these guidelines is to ensure that experimental DNA recombination will have no ill effects on those engaged in the work, on the general public, or on the en- vironment. The essence of their construction is subdivision of potential experiments by class, decision as to which experiments should be permitted at present, and assignment to these of certain procedures for containment of recombinant organisms. Containment is defined as physical and biological. Physical containment involves the isolation of the research by procedures which have evolved over many years of experience in laboratories studyi infectious micro- organisms. Pl containment—the first physi- cal containment level—is that used in most routine bacteriology leboratories. P2 and P3 afford increasing isolation of the research from the environment. P4 represents the most ex:reme measures used for containing virulent pathogens, and permits no escape of contaminated air, wastes, or untreated materials. “Biological’’ containment is the use of vectors or hosts that are crippled by mutation so that the recombinant DNA is incapable of surviving under natural con- ditions. The experiments now permitted under the guidelines involve no known additional haz- ie 1S 38416 ard to the workers or the environment beyond the relatively low risk known to be associated with the source materials. The additional hazards are speculative and therefore not quantifiable: In a real sense they are consid- erably less certain than are the benefits now clearly derivable from the projected research. For example, the ability to produce, through “molecular cloning,” relatively large amounts of pure DNA from the chromosomes of any living organism will have a profound effect in many areas of biology. No other pro- gedure, not even chemicai synthesis, can pro~ vide pure material corresponding to particu- lar genes. DNA “probes,” prepared from the clones will yield precise evidence on the presence or absence, the organization, and the expression of genes in health and disease. Potential medical advances were outlined by scientists active in this research area who were present at the meeting of the Director’s Advisory Committee. Of enormous impor- tance, for example, is the opportunity to ex- plore the malfunctioning of cells in compli- cated diseases. Our ability to understand a variety of hereditary defects may be signif- icantly enhanced, with amelioration of their expression a real possibility. There is the potential to elucidate mechanisms in certain cancers, particularly those that might be caused by viruses. Instead of mere propagation of foreign DNA, the expression of the genes of one organism by the cell machinery of another may alter the new host and open opportunities for manipulating the biological properties of cells. In certain prokaryotes (organisms with & poorly developed nucleus, like bacteria), this exchange of genetic information occurs in nature. Such exchange explains, for in- stance, an important mechanism for the changing and spreading of resistance to anti- biotics in bacteria. Beneficial effects of this mechanism might be the production of med- ically important compounds for the treat- ment ‘and control of disease. Examples fre- quently cited are the production of insulin, growth hormone, specific antibodies, and clotting factors absent in victims of hemo- philia. Aside from the potential medical benefits, a whole host of other applications in science and technology have been envisioned. Ex- amples are the large-scale production of en- zymes for industrial use and the development of bacteria that could ingest and destroy ofl spills in the sea. Potential benefits in agri- culture include the enhancement of nitrogen fixation in certain. plants, permitting in- creased food production. While the projected research offers the pos- sibility of many benefits, it must proceed only with assurance that potential hazards can be controlled or prevented. Some com- mentators are concerned that nature may maintain a barrier to the exchange of DNA between prokaryotes and eukaryotes (higher organisms, with a well-formed nucleus)-—a barrier that can now be crossed by experi- mentalists. They further argue that expres- sion of the foreign DNA may alter the host in unpredictable and undesirable ways. Con- ceivable harm could result if the altered host has a competitive advantage that would foster its survival in some niche within the ecosystem. Other commentators believe that the endless experiments in recombination of DNA which nature has conducted since the beginning of life on the earth, and which have accounted in part for the evolution of species, have most likely involved exchange of DNA between widely disparate species. They argue that prokaryotes such as bacteria in the intestines of man do exchange DNA with this eukaryotic host and that the failure of the altered prokaryotes to be detected at- tests to a sharply limited capacity of such recombinants to survive. Thus nature, this NOTICES argument runs, has already tested the proba- bilities of harmful recombination and any survivors of such are already in the ecosys- tem. The fact is that we do not know which of the above-stated propositions is correct. The international scientific community, as exemplified by the Asilomar conference and the deliberations attendant upon prepara- tion of the present guidelines, has indica- ted a desire to proceed with research in a conservative Manner. And most of the con- siderable public commentary on the subject, while urging caution, has also favored pro- ceeding. Three European groups have inde- pendently arrived at the opinion that re- combinant DNA research should proceed with caution, These are the Working Party on Experimental Manipulation of the Ge- netic Composition of Micro-Organisms, whose “Ashby Report” was presented to Parliament in the United Kingdom by the Secretary of State for Education and Science in January 1975; the Advisory Committee on Medical Research of the World Health Organization, which issued a press release in July 1975; and the European Molecular Biology Organi- zation Standing Committee on Recombinant DNA, meeting in February 1976. There is no means for a flat proscription of such research throughout the world com- munity of science. There is also no need to attempt it. It is likely that the evaluation en- gendered in the preparation and application of these guidelines will lead to beneficial re- view of some of the containment practices in other work that is not technically defined as recombinant DNA research. Recombinant DNA research with which these guidelines are concerned involves mi- croorganisms such as bacteria or viruses or cells of higher organisms growing in tissue culture. It is extremely important for the public to be aware that his résearch is not directed to altering of genes in humans al- though some of the techniques developed in this research may have relevance if this is attempted in the future. NIH recognizes its responsibility to con- duct and support research designed to deter- mine the extent to which certain potentially harmful effects from recombinant DNA mole- cules may occur. Among these are experi- ments, to be conducted under maximum containment, that explore the capability of foreign genes to alter the character of host or vector, rendering it harmful, as through the production of toxic products. Given the general desire that no rare and unexpected event arising from this research shall cause irreversible damage, it is obvious that merely to establish conservative rules of conduct for one group of scientists is not enough. The precautions must be uniformly and unanimously observed. Second, there must be full and timely exchange of experi- ences so that guidelines can be altered on the basis of new knowledge. The guidelines must also be implemented in a manner that pro- tects all concerned—the scientific workers most likely to encounter unexpected hazards and all forms of life within our biosphere. The responsibility of the scientists involved is an inescapable and extreme as is their op- portunity to beneficially enrich our under- standing. B. IMPLEMENTATION CONSIDERATIONS WITHIN THE NIK All the commentators had suggestions con- cerning the structure and function of deci- sion making as it relates to the principal in- vestigator, the local bichazards committee, the peer review group, and the NIH Recom- binant Advisory Committee. These com-~- ments and my response on the section of the guidelines relating to roles and responsibili- ties of investigators, their institutions, and the National Institutes of Health are pre- sented below. Of considerable concern to all commenta- tors was the process by which NIH would proceed to implement the guidelines. The Scientific community generally urged that there be no Federal regulations, while some of the public commentators recommended the regulatory process. Many who opposed changing the proposed guidelines into Federal regulations expressed concern for flexibility and administrative efficiency, which could best be achieved, in their view, through voluntary compliance. Other commentators, however, believed it im- perative to proceed toward regulation. In their view, the guidelines could be imple- mented for purposes of NIH funding and would govern the conduct of experiments until regulations were in effect. Another com- mentator who thought regulation would be harmful rather than helpful suggested that if there were to be regulations, they should be along lines similar to those that govern the sale, distribution, use, and disposal of radioisotopes. The question of how best to proceed now that the guidelines have been released de- serves careful attention. I share the concern of those who feel that the guidelines must remain flexible. It is especially important that there be opportunity to change them quickly, based on new information relating to scientific evidence, potential risks, or safety aspects of the research program. The suggestions for regulation need fur- ther attention at this time. The process for regulation not only involves the Director of NIH, but also the Assistant Secretary for Health and the Secretary of Health, Educa- tion, and Welfare. These guidelines are being promulgated now in order to afford additional protection to all concerned. Consideration of their conversion to regulations can proceed with continuing review of their content and present and future implications. Meanwhile, the NIH shall continue to provide the oppor- tunity for public comment and participation at least equivalent to that provided if steps towards regulations were to proceed immedi- ately. The guidelines will be published in the FepreraL REGISTER forthwith to allow for fur- ther public comment. Cc. IMPLEMENTATION CONSIDERATIONS BEYOND THE PURVIEW OF NIH Special concern has been expressed by many commentators regarding the applica- tion of the guidelines to research outside NIH by investigators other than its grantees or contractors. It has been urged that the guidelines be made applicable to recombinant DNA research conducted or supported by other agencies in HEW and by NSF, ERDA, DoD, and other governmental departments. Most commentators believe that these or “similar guidelines should also govern research in the private sector, including industry. voluntary organizations, and foundations. Many feel that experiments conducted in col- leges, universities, and even in high schools require some form of monitoring. And finally, all agree that in view of the potential hazards of recombinant DNA research to the biosphere, some form of international under- standing on guidelines for the research is essential. The committee, in the proposed guidelines. has suggested as one means of control that a description of the physical and biological containment procedures practiced in a re- search project be included in the publication of research results. In the scientific com- munity this can be a powerful force for con- formity, and we will undertake to present the recommendation to all appropriate journals. We are also prepared to take steps to dis- seminate the guidelines widely, and to ar- range for a continual flow of information outward concerning the activities of the Re- FEDERAL REGISTER, VOL. 41, NO. 176——-THURSDAY, SEPTEMBER 9, 1976 combinant Advisory Committee and the Ad- visory Committee to the Director, NIH, in the evolution of the guidelines and their implementation. In response to these suggestions, I have already held a meeting with relevant HEW agencies and with representatives from other departments of the Federal Government. The purpose of the meeting was to exchange in- formation on recombinant DNA research and to discuss the NIH guidelines. It served as an important beginning to address a com- mon concern of these public institutions. A number of the representatives indicated that various departments might very well adopt the guideline for research conducted both in-house and supported outside, Following up, I have begun preliminary discussions with the Assistant Secretary for Health and the Secretary of HEW, to determine possible methods to ensure adoption of the guidelines by all Federal agencies. Encouraged by these efforts, we held a meeting on June 2 with representatives of industry to provide them with full information about the guidelines and to help determine the present and future interests of industrial laboratories in this type of research. The meeting provided one of the first opportunities for industry rep- resentatives to convene for a discussion of this research area, and an industry commit- tee under the auspices of the Pharmaceutical Manufacturers Association will be formed to review the guidelines for potential ap- plication to the drug industry. Further meet- ings will be scheduled with other groups that have an active interest in recombinant DNA research, It is my hope that the guidelines will be voluntarily adopted and honored by all who support or conduct such research through- out the United States, and that at least very similar guidelines will obtain throughout the rest of the world. NIH places the highest priority on efforts to inform and to work with international organizations, such as the World Health Organization and the Inter- national Council of Scientific Unions, with a review to achieving a consensus on safety standards in this most important research area. There has been considerable international cooperation and activity in the past, and I expect it to continue in the future. The aforementioned Ashby Report, presented to Parliament in January 1975, describes the advances in knowledge and possible bene- fits to society of the experiments involving recombinant DNA molecules, and attempts to assess the hazards in these techniques. The Asilomar meeting also had a number of. international representatives, as mentioned previously. The European Molecular Biology Organization (EMBO) has been involved in considering guidelines for recombinant DNA research. They have closely followed the ac- tivities of NIH, and will thus be encouraged, I believe, to monitor their research with aug- mented cooperation and coordination. For example, EMBO recently announced plans for a voluntary registry of recombinant DNA research in Europe. Following this EMBO initiative, NIH shall similarly maintain a voluntary registry of investigators and insti- tutions engaged in such research in the United States. Plans for establishing this reg- istry are under way. D. ENVIRONMENTAL POLICY A number of commentators urged NIH to consider preparing an environmental im- pact statement on recombinant DNA re- search activity. They evoked the possibility that organisms containing recombinant DNA molecules might escape and affect the en- vironment in potentially. harmful ways. Iam in full agreement that the potentially harmful effects of this research on the en- vironment shauld be assessed. As discussed CONSIDERATIONS NOTICES throughout this paper, the guidclines are premised on physical and biological contain- ment to prevent the release or propagation of DNA recombinants outside the laboratory. Deliberate release of organisms into the en- vironment is prohibited. In my view, the stipulated physical and biological contain- ment ensures that this research will proceed with a high degree of safety and precaution. But I recognize the legitimate concern of those urging that an environmental impact assessment be done. In view of this concern and ensuing public debate, I have reviewed the appropriateness of such an assessment and have directed that one be undertaken. The purpose of this assessment will be to review the environmental effects, if any, of research that may be conducted under the guidelines. The assessment will provide fur- ther opportunity for all concerned to address the potential benefits and hazards of this most important research activity. I expect a draft of the environmental impact statement should be completed by September 1 for comment by the scientific community, Fed- eral and State agencies, and the general public. It should be noted that the development of the guidelines was in large part tantamount to conducting an environmental impact as- sessment. For example, the objectives of re- combinant DNA research, and alternate ap- proaches to reach those objectives, have been considered. The potential hazards and risks have been analyzed. Alternative approaches have been thoroughly considered, to maxi- mize safety and minimize potential risk. And an elaborate review structure has been cre- ated to achieve these safety objectives. From a@ public policy viewpoint, however, the envi- ronmental impact assessment will be yet another review that will provide further op- portunity for the public to participate and comment on the conduct of this research. Il. METHODS OF CONTAINMENT Comments on the containment provisions of the proposed guidelines were directed to the definitions of both physical and biological containment and to the safety and effective- mess of the prescribed levels. Several com- mentators found the concept of physical con- tainment imprecise and too subject to the possibility for human error. Others ques- tioned the concept of biological containment in terms of its safety and purported effective- ness in averting potential hazards. The com- mentators were divided on which method of containment would provide the most effective and safe system to avoid hazards. Several sug- gested that each of the physical containment levels be more fully explained. W. Emmett Barkley, Ph.D., Director of the Office of Research Safety, National Cancer In- stitute, was asked to review the section on physical containment in light of these com- ments. Dr. Barkley convened a special com- mittee of safety and health experts, who met to consider not only this section of the guidelines but also the section of the roles and responsibilities of researchers and their Institutions. The committee thoroughly re- viewed the section on physical containment and recommended a number of changes. The Recombinant Advisory Committee, meeting on April 1-2, 1976, reviewed the recommenda- tions of the Barkley group. These are incor- porated, with editorial revisions, in the final version of the guidelines. The present section on physical contain- ment is directly responsive to those com- mentators who asked for greater detail and explanation. Although different in detail, the four levels of containment approximate those given by the Center for Disease Control for human etiologic agents and by the National Cancer Institute for oncogenic viruses. For each of the proposed levels, optional items have been excluded, and only those items 38147 deemed absolutely necessary for safety are presented. Necessary facilities, practices, and equipment are specified. To give further guidance to investigators and their institu- tions, a supplement to the guidelines explains more fully safety practices appropriate to re- combinant DNA research. And a new section has been added to ensure that shipment of recombinant DNA materials conforms, where appropriate, to the standards, prescribed by the U.S. Public Health Service, the Depart- ment of Transportation, and the Civil Aero- nautics Board. The section on physical containment is carefully designed to offer a constructive ap- proach to meeting potential hazards for re- combinant experiments at all levels of pre- sumed risk. Certain commentators had sug- gested that the first level of physical con- tainment (Pl) be merged with the second level (P2). This suggestion, however, would tend to apply overly stringent standards for some experiments and might result in a lowering of standards necessary at the second level. I believe the level of control must be consistent with a reasonabie estimate of the hazard; and the section on physical contain- ment does provide this consistency.-Accord- ingly, the first and second levels of physical containment remain as separate sections in the guidelines. Because of the nature and operation of facilities required for experiments to be done at the fourth level of containment (P4), a provision has been included that the NIH shall review such facilities prior to funding them for recombinant DNA studies. The situation merits the special attention of ex- perts who have maximum familiarity with the structure, operation, and potential prob- Jems of P4 installations. Several com- mentators advocated that NIH arrange for sharing of P4 facilities, both in the NIH intramural program and in institutions sup- ported through NIH awards. In response to these suggestions, we are currently review- ing our facilities, including those at the Frederick Cancer Research Center (Fort Detrick), to determine how such a program can best be devised. It is most important that P4 facilities be made available to investiga- tors. It should be noted that incidents of in- fection by even the most highly infectious and dangerous organisms are extremely infre- quent at P4 facilities, and therefore the potential for hazard in certain complex ex-~ periments in recombinant DNA research is considerably reduced. TTI. PROHIBITED EXPERIMENTS 1. Practically all commentators supported the present prohibition of certain experi- ments. There were suggestions for a clearer definition of the prohibition of certain ex- periments where increased antibiotic resist- ance May result. And it was urged by some that the prohibition be broadened to include experiments that result in resistance to any antiblotic, irrespective of its use in medicine or agriculture. Consideration of such a sug- gestion must take into account that antt- biotic resistance occurs naturally among bac- teria, and that resistance is a valuable marker in the study of microbial genetics in general and recombinants in particular. In view of these concerns, however, the Recombinant Advisory Committee was asked to reconsider carefully the prohibition and related sections concerning antibiotic resist- ance. The committee noted that the prohibi- tion relating to drug resistance was intended to ban those experiments that could com- Promise drug use in controlling disease agents in veterinary as well as human medi- cine and this ts now clearly stated. In the draft guidelines there were two statements concerning resistance to drugs which related to experiments with EF. col. The statements appeared to allow experi- FEDERAL REGISTER, VOL. 41,-NO. 176—-THURSDAY, SEPTEMBER 9, 1976 38448 ments that would extend the range of resist- ance of this bacterlum to therapeutically useful drugs and disinfectants, and thus seemed to be in conflict with the general prohibition on such research. There are numerous reports in the scientific literature indicating that E. coli can acquire resistance to all antibiotics known to act against it. Since E. coli acquires resistance naturally, the prohibition directed against increasing resistance does not apply. The ambiguous statements have been deleted from the pres- ent guidelines. On the other hand, new language has been inserted in the section dealing with other prokaryote species to set containment levels for permitted experi- ments. 2. The Recombinant Advisory Committee was also asked to clarify whether the pro- hibition of use of DNA derived from patho- genic organisms (those classified as 3, 4, and § by the Center for Disease Control, USPHS) also included the DNA from any host in- fected with these organisms. The committee explained that this prohibition did extend to experiments with’ cells known to be 50 infected. To avoid misunderstanding, the prohibition as now worded includes such cells. In addition, the prohibitions have been extended to include moderate-risk oncogenic viruses, as defined by the National Cancer Institute, and celis known to be infected with them. 3. Two other issues relating to the section on prohibited experiments were raised by Roy Curtiss III, Ph.D., Professor, Depart- ment of Microbiology, University of Alabama School of Medicine, Birmingham, who is a member of the Recombinant Advisory Com- mittee. Dr. Curtiss noted that for the class of experiments prohibited on the basis of production of highly toxic substances, only substances from microorganisms were cited as examples. He suggested that other exam- pies be included, such as venoms from insects and snakes. The committee approved the suggestion and I concur. In the proposed guidelines, release of or- ganisms containing recombinant DNA mole- cules into the environment was prohibited unless a series of controlled tests had been done to leave no reasonable doubt of safety. Dr. Curtiss felt that the guidelines should provide greater specificity for testing and should include some form of review prior to release of the organism. I have decided that the guidelines should, for the present, prohibit any deliberate release of organisms containing recombinant DNA into the en- vironment. With the present limited state of knowledge, it seems highly unlikely that there will be in the near future, any re- combinant organism that is universally ac- cepted as beig beneficial to introduce into the environment. When the scientific evi- dence becomes available that the potential benefits of recombinant organisms, particu- larly for agriculture, are about to be realized, then the guidelines can be altered to meet the need for release. It is most important that the potential environmental impact of the release be considered. IV. PERMISSIBLE EXPERIMENTS: E. cour K-12 Host-VectTor SyYsTeEMs The continued use of E. coli as a host has drawn considerable comment, including some suggestions that its use be prohibited presently or within a specified time limit. It should be stressed that the use of E. coli as detailed in the guidelines is limited to E. 1 Specifically, experiments that would ex- tend resistance to therapeutically useful drugs must use P3 physical containment plus a host-vector comparable to EK1, or P2 con- tainment plus a host-vector comparable to EK2. NOTICES coli K-12, a strain that has been carried in the laboratory for decades, and does not in- volve the use of any strain of E. coli that is freshly isolated from a natural source. E. coli K-12 does not usually colonize the normal bowel, even when given in large doses, and exhibits little if any muliplication while passing through the alimentary canal. For years it has been the subject of more intense investigation than any other single organism, and Knowledge of its genetic markup and recombinant behavior exceeds greatly that pertaining to any other organism, I believe that because of this experience, E. coli K~12 will provide a host-vector system that Is safer than other candidate microorganisms. NIA recognizes the importance of support- ing the development of alternative host-vec- tor systems (such as B. subtilis, which has no ecological niche in man) and will en- courage such development. It should be noted, however, that for each new host-vec- tor system, the same questions of risk from altered properties attendant upon the pres- ence of recombinant genes will apply as ap- ply to E. coli. NIH does not believe it wise to set a time limit on replacement of E. coli systems by other organisms. There were specific suggestions concerning the three levels of biological containment prescribed for use of E. coli K-12 vectors. Some commentators requested a more de-~ tailed explanation of the adequacy of protec- tion for laboratory personnel with the first level of containment (EK1).? Sections of the guidelines dealing with physical containment and roles and responsibilities now specify the need for safety practices and accident plans. For the second level of containment (EK2), it is required that a cloned DNA fragment be contained in a host-vector system that has no greater than a 10-8 probability of sur- vival in a nonpermissive or natural environ- ment. It was suggested that the selection of this level of biological containment and the appropriate tests for vertification be more fully explained in the guidelines. The com- mittee, in responding to a request for fur- ther examination of this point, reviewed at considerable length the testing for an EK2 system and recommended certain modifica- tions. We have accepted the committee’s new language that better explains testing of sur- vival of a genetic marker carried on the vec- tor, preferably on an inserted DNA fragment. Possible tests to determine the level of bio- logical containment afforded by these al- tered host-vector systems are outlined in this section. Because this is such a new area of scientific research and development, however, it is inappropriate to standardize such test- ing at the present time. Standards will grad- ually be set as more experience with EK2 host-vector systems is acquired. The commit- tee, for example, during its April 1976 meet- ings gave its first approval to an EK2 host- vector system. What is necessary is that new ?The EK1 system presently consists of 4 battery of different vectors and of E. coli K-12 mutants, all of which afford a consider- able degree of biological containment. The diversity of vectors and of host mutants in this battery has permitted a wide range of important scientific questions to be attacked. For example, the availability of different vec- tors with cleavage sites for different restric- tion endonucleases have increased the kind of DNA segments that can be cloned. By con- trast, the first EK2 host-vector systems are only now being considered by the Recom- binant Advisory Committee. While NIH is supporting the development of more EK2 host-Vector systems, it is not expected that a battery equivalent to that available for the EK1 system will be certified by the Recom- binant Advisory Committee in the near fu- ture. and more effective tests be devised by investi- gators, and this effort is very likely to occur under the present guidelines. For example, one task recognized by the committee is to clarify how survival of the organism and the cloned DNA should be defined in terms of temperature, medium, and other variables. It is also very important to note here that the stringent requirements set by the com- mitteesfor EK2 biological containment jeop- ardize considerably the capacity of such crip- pled organisms to survive and replicate even under permissive laboratory conditions. More experience will-be required to determine whether EK2 containment will permit some lines of important research to be followed. Several commentators suggested that methods and procedures to confirm an EK system at the third level of containment (EK3) be more fully explained. The Recom- binant Advisory Committee was asked to con- sider this suggestion. After considerable dis- cussion the committee declined to define the procedures more fully at this time, because development of an EK3 system is still far enough in the future not to warrant specific testing procedures. Further, it is not clear what tests are best suited. The language, therefore, remains general. The committee, however, is aware of the concerns for a more completely defined system of testing, and has eonsidered the possibility of organizing a symposium for purposes of designating tests. In my view, more fully developed protocols for testing EK3 systems are warranted, and it is necessary that guidelines here be more fully developed before the committee pro- , ceeds to certify such a system. In this regard the NIH fs prepared through the National Institute of Allergy and Infectious Diseases to support contracts to accomplish this task. We will seek the advice and assistance of the committee to define the scope of necessary work. These guidelines also include a statement that for the time being no EK2 or EK3 host- vector system will be considered bona fide until the Recombinant Advisory Committee has certified it. I share the concern of the commentators that new host-vector systems require the highest quality of scientific re- view and scrutiny. At this early stage of development, it is most important that the committee provide that scrutiny. Further, I beHleve that until more experience has been gained, the committee should encourage and the NIH support research that will Independ- ently confirm and augment the data on which certification of EK2 host-vector sys- tems are based. V. CLASSIFICATION OF EXPERIMENTS USING THE E. Cott K-12 ConTaAINMENT SYSTEMS The guidelines assign different levels of containment for experiments in which DNA from different sources is to be introduced into an £. coli K-12 host-vector system. The variation is based on both facts and as- sumptions. There are some prokaryotes (bac- teria) which constantly exchange DNA with E. coli. Here 1t is assumed that experimen- tal conditions beyond those obtained in care- ful, routine microbiology laboratories are superfluous, because any exchange experi- ments have undoubtedly been performed al- ready in nature. In every instance of artificial recombina- tion, consideration must be given to the pos- sibility that foreign DNA may be translated into protein (expressed), and also to the possibility that normally repressed genes of the host may be expressed and thus change, undesirably, the characteristics of the cell. It is assumed that the more similar the DNAs of donor and host, the greater the probability of expression of foreign DNA, or of possible derepression of host genes. In those cases where the donor exchanges DNA with E. coli in nature, it is unlikely that recom- FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 bination experiments will create new genetic combinations. When prokaryote donors not Known to exchange DNA with £. colt in nature are used, however, there is a greater potential for new genetic combinations to be formed and be expressed. Therefore, it is required that experiments involving prokary- otic DNA from a donor that is not Known to exchange DNA with £. coli in nature be carried out at a higher level of containment, Recombination using prokaryotic DNA from an organism known to be highly pathogenic is prohibited. There are only limited data available con- cerning the expression of DNA from higher forms of life (eukaryotes) in Z. coli (or any other prokaryote). Therefore, the contain- ment prescriptions for experiments inserting eukaryotic DNA into prokaryotes are based on risks having quite uncertain probabilities. On the assumption that a prokaryote host might translate eukaryotic DNA, it is fur- ther presumed that the product of that for- elgn gene would be most harmful to man if it were an enzyme, hormone, or other protein that was similar (homologous) to proteins already produced by or active in Man. An example is a bacterium that could produce insulin. Such a “rogue” bacterlum could be of benefit if contained, a nuisance or possibly dangerous if capable of surviving in nature. This is one reason that the higher the phylogenetic order of the eukaryote, the higher the recommended containment, at least until the efficiency of expression of DNA from higher eukaryotes in prokaryotes can be determined. ‘There is a second, more concrete reason for scaling containment upward as the eukaryote host becomes similar to man. This is the concern that viruses capable of propagating in human tissue, and possibly causing dis- eases, can contaminate DNA, replicate in prokaryote hosts and infect the experimen- talist. Such risks are greatest when total DNA from donor tissue is used in “shot- gun” recombinant experiments; it diminishes tw much lower levels when pure cloned DNA is used. The commentators were clearly divided on the classification of containment criteria for different Kinds of recombinant DNAs. Many commentators considered the guidelines too stringent and rigid. Others viewed the guide- lines in certain instances as too permissive. And still others endorsed the guidelines as sensible and reasonable, affording the public an enormous degree of protection from the speculative risks. Several suggestions were made for the specific classes of experiments, and they follow: 1. Comment on the use of DNA from ani- mals and plants In recombinant experiments varied widely. Some commentators suggested banning the use of DNA from primates, other mammals, and birds. Others suggested that higher levels of the containment be used for all such experiments. Still others believed that the guidelines were too strict for ex- periments of this class. I have carefully re- viewed the issues raised by the commentators and the response of the committee to certain queries concerning use of animal and plant DNA in these experiments. In my view, the classification for the use of DNA from primates, other mammals, and birds is appropriate to the potential hazards that might be posed. The physical and bio- logical containment levels are very strict. For example, biological containment levels are at EK2 or EK3, and will effectively preclude ex- perimentation until useful EK2 and EK3 sys- tems are available. EK2 systems are still in the initial stages of development, and the first system was only certified at the most re- cent meeting of the Recombinant Advisory Committee. An EK3 host-vector system has yet to be tested, and its certification is far enough in the future to place a moratorium NOTICES on those experiments requiring biological containment at an EK3 level. The physical containment levels of P3 or P4 themselves afford a very high degree of protection. I am satisfied that the guidelines demonstrate the caution and prudence that must govern the conduct of experiments in this category. The guidelines allow reduced containment levels for primate DNA when it is derived from embryonic tissue or germ-line cells. This is based on evidence that embryonic material is less Iikely to contain viruses than Is tissue from the adult. Obviously, the embryonic tissue must be free of adult tissue, and the present guidelines so indicate. I have also carefully considered the special concerns arising from the use of DNA from cold-blooded vertebrates and other cold- blooded animals, because several commenta- tors questioned the basis of lower physical and biological containment levels for DNA from these species. The Recombinant Ad- visory Committee has debated this exten- sively, and they were asked to do so once again in April. The committee has now rec- ommended high containment levela (P3+ EK2) when the DNA is from a cold-blooded vertebrate known to produce a potent toxin. That recommendation is included in the present guidelines. Where no toxin is in- volved the committee supported lower con- tainment levels. The guidelines specify P2-+ EK2 levels for such work. There was consider- able discussion concerning the advisability of recommending lower containment (P2-+ EK1) when the DNA is isolated from embryonic tissue or germ-line cells from cold-blooded vertebrates. Those supporting lower con- tainment levels argued that the justification for P2+EK2 was the possibility that cold- blooded vertebrates may carry viruses and that the distinction between adult and germ cell tissue is real. Others argued that, con- trary to the situation with primate DNA, viruses are not a central problem with cold- blooded vertebrates and therefore no dis- tinction should be made on the basis of tis- sue origin. Finally, the committee recom- mended, on a divided vote (8 to 4), to adopt P2+4+EK1 when the cold-blooded vertebrate DNA is isolated from embryonic tissue or germ-line cells. Upon reviewing these con- siderations, I have decided to retain the con- tainment levels for embryonic or germ-line DNA from cold-blooded vertebrates as rec- ommended by the committee. In April the committee also reviewed, at our request, the classification of exper!- ments where DNA ts derived from other cold- blooded animals or lower eukaryotes. Sev- eral commentators, for example, had been 2A committee member, David 8. Hogness, Ph. D., Professor, Department of Biochemts- try, Stanford University, California, submit- ted a statement in support of lower contaln- ment levels based on current scientific evi- dence. That evidence is based on certain differences between cold- and warm-blooded vertebrates. One of the criteria used for the evaluation of the relative risk that might be encountered with different levels of shotgun experiment is the degree of sequence homol- ogy between the DNA of the given species and that of humans. This criterion is used to estimate the likelihood that segments of DNA from the given species might be inte- grated into the human genome by recom- bination; the greater the homology, the greater the likelihood of integration. Studies of sequence homologies indicate that there is a considerable degree of homology be- tween human DNA and DNA from other pri- mates, much less homology between pri- mates and other mammals, and even lower but detectable homology between birds and primates. By contrast, no significant homolo- gies between cold-blooded vertebrates and primates have been detected. 38449 concerned about the fact that insects are Known to carry agents pathogenic to man. In the committee review, it was noted that viruses carried by insects and Known to transnut disease to man are RNA rather than DNA viruses and do not reproduce via DNA copied from RNA. In order, however, to make the intent clearer, the guidelines have been rewritten for experiments of this class. New language is inserted to ensure that strict containment levels are employed when the DNA comes from known pathogens or species known to carry them. Further, to reduce the potential hazards, we have also included in the guidelines the requirement that any in- sect must be grown under laboratory condi- tions for at least 10 generations prior to ite use as a DNA source. 2. As alluded to above, certain commenta- tors expressed concern that when E. coli be- comes the host of recombinant DNA from prokaryotes with which DNA is not usually exchanged, there is hazard of altered host characteristics resulting from translation of the DNA into functioning proteins. The committee was asked to review the guide- lines and take into account this potential hazard. They agreed that the containment levels should be increased for this category of experiment, from P2+EK1 to either P2+ EE2 or P3-+EK1. That recommendation is included in the present guidelines. Comments were made concerning that class of experiments in which the recombinant DNA, regardless of source, has been cloned. A clone is a population of cells derived from s single cell and therefore all the cells are presumed to be genetically identical. As out- lined in the proposed guidelines, clones could be used at lower containment levels if they had been rigorously characterized and shown to be free of harmful genes. Several com- mentators inquired how the characterization was to be performed and the freedom from harmful genes demonstrated. Although the committee acknowledges that these terms are unavoidably vague, they do cite appropriate scientific methods to make relevamt deter- minations. Again, this is a rapidly chang- ing area and more clarity and precision can be expected with experience. Reduced con- tainment requirements for this class of ex- periment are warranted because of the purl- fied nature of clones. Further, the granting agency must approve the clone before con- talnment conditions can be reduced, thus providing an additional element of review. 4. Another comment was related to the use of DNA from organelles (intracellular ele- ments that contain special groups of genes for particular cell functions). Concern was expressed about the potential contamination of purified organelle DNA with DNA from viruses because of the similarity of thelr structures. The committee agrees, and the guidelines now specify a requirement, that the organelles be tsolated prior to extracting DNA, as a further means of reducing the hazard of viral contamination. 5. Some commentators were troubled about the lowering of containment for that class of experiments involving recombinations with cell DNA segments purified by chemical or physical methods. They asked that proce- dures for determining the state of purifica- tion be more fully detailed and that the Re- combinant Advisory Committee certify the purity. There are, however, appropriate tech- niques, such as gel electrophoresis, with which a purity of 99 percent by mass can be achieved and ascertained. There is no way for the committee to certify these results beyond repeating the experiments themselves. These techniques are well documented and described In the literature. I do not believe it 8s necessary or feasible for the committee to review each procedure for purification of DNA. 6. Cominents were made concerning the use of DNA derived from animal viruses. It FEDERAL REGISTER, VOL. 41, NO. 176-—-THURSDAY, SEPTEMBER 9, 1976 ; 38450 was urged that containment levels for this class of experiment be increased. On the basis of my review, I find the containment conditions appropriate to the potential haz- ard posed. As defined in the guidelines, exper- iments are to be done at very. strict levels of containment and these can be lowered only when the cloned DNA recombinants have been shown to be free of possibly harmful genes by suitable biochemical and biological tests. This also pertains to DNA that is- copied from RNA viruses. In no instance are the guidelines more lenient, and in most in- stances they are more stringent than condi- tions obtaining in many laboratories where such viruses are studied in non-DNA-recom- binant experiments. VI. CLASSIFICATION OF EXPERIMENTS USING CONTAINMENT SYSTEMS OTHER THAN E. COLr K-12 1. No issue with regard to these guidelines raised more comment than the use of animal viruses as vectors. Of special concern to many commentators was the use of the simian (monkey) virus 40 (hereafter “SV40”). Some suggested a complete ban on the use of this virus; others urged its retention as a vector. SvV40 is not known to produce any disease in man, although it can be grown in human cells and on very rare occasions has been isolated from humans. Many humans have received SV40 virus inadvertently in vaccines prepared from virus grown in monkey kidney-cell cul- tures. An intensive search has been made and 1s continuing for evidence that SV40 might cause cancer or be otherwise pathogenic for man. At present, 1t is my view that the ex- tensive knowledge we have of SV40 virus pro- vides us with sufficient sophistication to en- sure its safe handling under the conditions developed for its use in the guidelines. I believe work with SV40 should continue under the most careful conditions, but I do recognize and appreciate the concerns ex- pressed over its possible harmful effects in humans. In light of these concerns, I asked the Recombinant Advisory Committee to review this section of the guidelines. The committee reconsidered the containment conditions for this class of experiments and judged them appropriate to meet the poten- tial hazards.‘ This class of experiments will proceed un- der the most careful and stringent condi- tions. Work with SV40 virus will be done at the maximum level of physical containment (P4). The extraordinary precautions required in a P4 facility lessen the likelihood of a potential hazard from this work. Only defec- tive SV40 virus will be used as vector; that is, the SV40 virus particles that carry the foreign DNA cannot multiply by themselves. When a number of strict conditions are met, this work will be permitted to go on at the third level of containment (P3), which in itself re- quires care and precision. It should be noted that SV40 virus and its DNA can be efficiently disinfected by Clorox and autoclaving. These are customary procedures for disinfecting glassware and other items used in SV40 ani- majl-ce]l work. Some commentators suggested that the containment criteria for experiments using polyoma virus as the vector be strengthened. There is no evidence that polyoma infects humans or replicates to any significant extent in human cells. It holds promise as a vector, as is more fully documented in an appendix to these guidelines. «One member dissented from this position. During the discussion, additional language was recommended (and adopted) to ensure that the defective SV40-virus/helper-virus system, with its inserted non-SV40 DNA seg- ment, does not replicate in human cells with significantly more efficiency than does SV40. NOTICES 2. Several commentators found the guide- lines inadequate regarding experiments with plant host-yector systems. Because NIH shared these concerns, a group of extensive experience with plants was appointed to re~ view this section. The group met concur- rently with the Recombinant Advisory Com- mittee in April 1976 and made several modi- fications. The suggested revisions were ac- ceptable to the full committee, and we have included them in the guidelines. The modifications are responsive to the stated concerns of the commenators. A de- scription of greenhouse facilities is given, and physical containment conditions have been modified to take into account operations with whole plants. On the whole the respec- tive portions of the guidelines relating to plants are more fully explained and the in- tent is clarified. I have also accepted the recommendation of the subcommittee to lower the biological containment level from EK2 to EK1 for ex- periments in which the DNA from plants is used in conjunction with the EZ. coli K-12 host-vector system, thereby setting contain- ment in this instance at the same level re- quired for experiments with lower-eukaryote DNA. VII. RoLes AND RESPONSIBILITIES 1. Most commentators had suggestions for the section on the roles and responsibilities of investigators, their local institutions, and NIH. Commentators generally urged open- ness, candor, and public participation in the process, emphasizing shared responsibility and accountability from the local to the na- tional level. We reviewed that section of the guidelines in light of these comments and have asked the Recombinant Advisory Com- mittee to review certain issues. It is clear that much of the success of the guidelines will lie in the wisdom with which they are implemented. Because of the im- portance of this section, especially in terms of safety programs and plans, we have care- fully weighed the comments and suggestions made in this regard. NIH has a special re- sponsibility to take a leading role in ensuring that safety programs are part of all recombi- nant DNA research. Dr. Barkley and a spe- cially convened committee were asked to pro- vide greater detail for safety, accident, and training plans for this section of the guide- nes, Based on their recommendations, the section has been extensively rewritten to clarify the respective responsibilities of the principal investigator, the institution (in- cluding the institutional blohazards com- mittee), the NIH initial review group (study section), the NIH Recombinant DNA Mole- cule Program Advisory Committee, and NIH staff. This section has a definitive administra- tive framework for assuring that safety is an essential and integrated component of re- search involving recombinant DNA molecules. The guidelines require investigators to in- stitute, monitor, and evaluate containment and safety practices and procedures. Before research is done, the investigator must have safety and accident plans in place and train- ing exercises for the staff well under way. Some commentators suggested that the in- vestigator be required to obtain informed consent of laboratory personnel prior to their participation. Rather than rely explicitly on an informed consent document, the guide- lines now make the investigator responsible for advising his program and support staff as to the nature and assessment of the real and potential biohazards. He must explain and provide for any advised or requested precau- tionary medical policies, vaccinations, or serum collections. Further, an appendix to the guidelines includes detailed explanations for dealing with accidents, as well as instruc- tions for the training of staff in safety and accident procedures. In response to suggestions for epidemiolog- ical monitoring, the guidelines now require the principal investigator to report certain categories of accidents, in writing, to appro- priate officials. NIH ts investigating proce- dures for long-term surveillance of workers engaged in recombinant DNA research. 2. A number of comments on the role and responsibilities of the institutional biohaz- ards committee were received. Comments were directed to the structure of the com- mittee, the scope of its responsibility, and the methods for operation. Comments on structure included suggestions that the com- mittee have a broadly based representation, especially in terms of health and safety ex- pertise. Some others suggested NIH require certain classes of representation. In response _to these suggestions, the guidelines now rec- ommend membership from a diversity of dis- ciplines relevant to recombinant DNA mole- cule technology, biological safety, and engi- neering. For broader representation beyond the im- mediate scientific expertise, the guidelines now recommend that local committees should possess, or have available, the competence necessary to determine the acceptability of their findings in terms of applicable laws, regulations, standards of practice, communi- ty attitudes, and health and environmental considerations. The names of and relevant background information on the committee members wiil be reported to NIH. | In response to suggestions that decisions of the committee be made publicly available, the guidelines now recommend that minutes of the meetings should be kept and made available for public inspection. Commentators generally approved of the responsibility given to the institutional bio- hazards committee to serve as a source of advice and reference to the investigator on scientific and safety questions. It was fur- ther suggested that the committee’s respon- sibility be broadened in the development, monitoring, and evaluation of safety stand- ards and procedures. In response to these suggestions, the guidelines now indicate that the institutional biohazards committee has the responsibility to certify, and recertify an- nually, to NIH that the facilities, procedures, practices, training, and expertise of involved personnel have been reviewed and approved. The Recombinant Advisory Committee sug- gested that examination might be unneces- . Sary for Pl facilities, but we believe that all facilities should be reviewed to emphasize the importance of safety programs. Some commentators suggested that the guidelines should stipulate that the local committees be required to determine the con- tainment conditions to be imposed for a given project (which the draft guidelines specifically noted was not their responsibil- ity). The Recombinant Afivisory Committee took exception to this suggestion. They urged NIH not to include these conditions as local requirements, arguing among other things that review by the NIH study sections would provide the necessary scrutiny at the national level and assure uniformity of standards in application of the guidelines. I do not believe that NIH should require the local institution to have Its biohazards committee assess what containment conditions are required for a given project. On the other hand, the guide- lines should not prohibit the local institution from having its biohazards committee per- form this function. Accordingly, I have de- leted the prohibition that appeared in the proposed guidelines. Another suggestion was that the local com- mittee ensure that research js carried out in accordance with standards and procedures under the Occupational Safety and Health FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 Act (OSHA). This is an area of importance to the local institutions under Federal and State law, but need not be included as a re- quirement in the guidelines. NIH will main- tain Maison with the Occupational Safety and Health Administration (Department of La- bor) to ensure maximum Federal cooperation in this venture. I would also encourage all institutions, as suggested by several commentators, to review their insurance compensation programs to determine whether their laboratory person- nel, in the research area, are covered for injuries. 3. The commentators approved of having the NIH study sections responsible for mak- ing an independent evaluation of the classi- fication of the proposed research under the guidelines, along with the customary judg- ment of the scientific merit of each grant application, This additional element of review will ensure careful attention to potential hazards in the research activity. The study sections will also scrutinize the proposed safeguards. Biological safety expertise shal! be available to the study section for con- sultation and guidance in this regard. 4. Several commentators made suggestions concerning the structure, function, and scope of responsibility of the NIH Recombinant DNA Molecule Program Advisory Committee. Comments on possible structural mechan- isms for decision making included sugges- tions that there be a scientific and technical committee and a general advisory public policy committee. It was also suggested that the scientific committee include scientists who are not actively engaged in recombinant research, and that the public policy com- mittee have a broad scientific and public representation, I have carefully reviewed these comments and suggestions. In response, the following structure has been devised. 'The Recombinant Advisory Committee shall serve as the scien- tific and technical committee. Its member- ship shall continue to include scientists who represent disciplines actively engaged in re- combinant DNA research. In my view, it is most important that this committee have the necessary expertise to assure that the guide- lines are of the highest scientific quality. The committee has provided this expertise in the past, and it must continue to do so. The com- mittee shall also include members from other scientific disciplines. It should be noted that the present com- mittee recommended on its own initiative that a nonscientist be appointed. Emmette S. Redford, Ph. D., LL. D., Ashbel Smith Pro- fessor of Government and Public Affairs at the Lyndon B. Johnson School of Public Af- fairs, University of Texas at Austin, serves in that capacity. An ethicist has also been nominated for appointment. The Advisory Committee to the Director, NIH, shall serve to provide the broader public policy perspectives. This committee, at its meeting on February 9-10, 1976, reviewed the proposed guidelines with the participation of public witnesses, and shall continue to pro- vide such review for future activities of the Recombinant Advisory Committee. In response to suggestions, the responsi- bilities of the Recombinant Advisory Com- mittee have been expanded. In addition to reviewing the guidelines for possible modi- fication as scientific evidence warrants, the committee will certify EK2 and EK3 systems. In response to requests by the investigator, local committee, or study section, the com- mittee will also provide evaluation and re- view in order to advise on levels of required containment, on lowering of requirements when coloned recombinants are to be used, and on questions concerning potential bilo- hazard and adequacy of containment provi- sions. NOTICES Commentators also asked that the com- mittee review ongoing research initiated prior to the implementation of the guide- lines. Now that the guidelines are being re- leased, NIH-funded investigators in this field will be asked to give assurance, within a given period, that they will comply. Any in- vestigators who constructed clones under the Asilomar guidelines will be asked to petition NIH for special consideration of their case, if the new guidelines require higher contain~ ment than did the Asilomar guidelines. Here the advice of the Recombinant Advisory Committee will be sought. There were also suggestions that the com- mittee certify chemical purification of recom- binant DNA, but as I indicated earlier, these procedures are too well known to require NIH monitoring. 6. In Ught of comments received, NIH will provide review, through appropriate NIH offices, of data from institutional biohazards committees (including accident reports) and will ensure dissemination of these findings as appropriate. Dr. William Gartland will head the newly created NIH Office of Recombi- nant DNA Activities for these purposes. In addition, NIH will provide for rapid dis- semination of Information through its Nu- cleic Acid Recombinant Scientific Memo- randa (NARSM), distributed by the National Institute for Allergy and Infectious Diseases. NIH will also provide an appropriate mech- anism for approving and certifying clones before containment conditions can be lowered. With these extended modifications, the section of the guidelines dealing with roles and responsibilities now sets forth a more fully developed review structure involving the principal investigator, local biohazards committees, and the Recombinant Advisory Committee, as well as peer review commit- tees. Guidelines now provide extensive op- portunity for advice, from the local to the national level. Several levels of review and scrutiny are provided, ensuring the highest standards for scientific merit and conditions for safety. The Recombinant Advisory Committee in conjunction with the Director’s Advisory Committee shall continue to serve as an ongoing forum for examining progress in the technology and safety of recombinant DNA research. Their responsibility, and that of the NIH Director, is to ensure that the guidelines, through modification when called for, reflect the soundest scientific and safety evidence as it accrues in this area. Their task, in a sense, is Just beginning. DONALD S. FREDRICKSON, M.D., Director, National Institutes of Heaith. NaTIONAL INSTITUTES OF HEALTH GUIDELINES FOR RESEARCH INVOLVING RECOMBINANT DNA MOLECULES JUNE 1976. CONTENTS I. Introduction. II. Containment, A. Standard practices and training. B. Physical containment levels. Pi Level (Minimal). P2 Level (Low). P3 Level (Moderate). P4 Level (High). Cc. Shipment. D. Biological containment levels. ri. Experimental Guidelines. A. Experiments that are not to be per- formed. . 38451 B. Containment guidelines for permissible experiments. 1, Biological containment criteria using E. Colt K~12 host-vectors, EK1 host-vectors. EK2 host-vectors. EK3 host-vectors. 3. Classification of experiments using the £. Coli K-12 containment systems. Shotgun experiments. , (1) Eukaryotic DNA recombinants. (ii) Prokaryotic DNA recombinants. (iii) Characterized clones of DNA recom- binants derived from shotgun experiments. Purified cellular DNAs other than “plasmids, bacteriophages, and other viruses. Plasmids, bacteriophages, and other viruses. (1) Animal viruses. (ii) Plant viruses. (iii) Eukaryotic organelle DNAs. (iv) Prokaryotic plasmid and phage DNAs. 3. Experiments with other prokaryotic host- vectors. 4. Experiments with eaukaryotic host- vectors. Animal host-vector systems. Plant host-vector systems. Fungal or similar lower eukaryotic systems. : Iv. Roles and Responsibilities. A. Principal investigator. B. Institution. Cc. NIH Initial Review Group (Study Sec- tions). D. NIH Recombinant DNA Molecule Fro- gram Advisory Committee. E. NIH Sta/f. Vv. Footnotes. VIL References. Vil. Members of the Recombinant DNA Molec:vie Program Advisory Committee. APPENDICES A. Statement on the use of Bacillus subtilis in recombinant molecule technology, B. Polyoma and SV40 Virus. Cc. Summary of Workshop on the Design & Testing of Safer Prokaryotic Vehicles & Bacterial Hosts for Research on Re- Combinant DNA Molecules. D. Supplementary Information on Physical Containment (Including Detaved Contents). I. INTRODUCTION The purpose of these guidelines is to rec- commend safeguards for research on recom- binant DNA molecules to the National In- stitutes of Health and to other institutions that support such research. In this context we define recombinant DNAs as molecules that consist of different segments of DNA which have been joined together in cell-free systems, and which have the capacity to in- fect and replicate in some host cell, either autonomously or as an integrated part of the host’s genome. This is the first attempt to provide a de- tailed set of guidelines for use by study sec- tions as well as practicing scientists for evai- uating research on recombinant DNA mole- cules. We cannot hope to anticipate al) pos- sible lines of imaginative research that are Possible with this powerful new methad-- ology. Nevertheless, a considerable volume of written and verbal contributions from sci- entists in a variety of disciplines has been received. In many instances the views pre-~ sented to us were contradictory. At present, the hazards may be guessed at, speculated about, or voted upon, but they cannet be FEDERAL REGISTER, VOL. 41, NO. 176——THURSDAY, SEPTEMBER 9, 1976 : 88a52 : Known absolutely in the absence of firm ex- perimental data—and, unfortunately, the needed data were, more often than not, un- available. Our problem then has been to con- struct guidelines that aliow the. promise of the methodology to be realized while advocat- ing the considerable caution that 1s de- manded by what we and others view as po- tential hazards. . In designing these guidelines we have adopted the following principles, which are consistent with the general conclusions that were formulated at the International Con- ference Center, Pacific Grove, California, in February 1975 (3): (i) There are certain ex- periments for which the assessed potential hazard is so serious that they are not to be attempted to the present time. (ii) The re- mainder can be undertaken at the present time provided that the experiment is justifi- able on the basis that new knowledge or benefits to humankind will accrue that can- not readily be obtained by use of conven- tional methodology and that appropriate safeguards are incorporated into the design and execution of the experiment. In addi- tion to an insistence on the practice of good microbiological techniques, these safeguards consist of providing both physical and biclo- gical barriers to the dissemination of the po- tentially hazardous agents. (ili) ‘The level of containment provided by these barriers is to match the estimated potential hazard for each of the different classes of recombinants, For projects in a given class, this level is to be highest at initiation and modified subse- quently only if there is a substantiated change in the assessed risk or in the applied methodology. (iv) The guidelines will be sub- jected to periodic review (at least annually) and modified to reflect improvements in our Knowledge of the potential biohazards and of the available safeguards. In constructing these guidelines it has been necessary to define boundary conditions for the different levels of physical and bio- logical containment and for the classes of experiments to which they apply. We recog- nize that these definitions do not take into account existing and anticipated special pro- cedures and information that will allow par- ticular experiments to be carried out under different conditions than indicated here without sacrifice of safety. Indeed, we urge that individual investigators devise simple and more effective containment procedures and that study sections give consideration to such procedures which may allow change in the containment levels recommended here. It is recommended that all publications dealing with recombinant DNA work include e description of the physical and biological containment procedures practiced, to aid and forewarn others who might consider repeat- ing the work. II. CoNTAINMENT Effective biological safety programs have been operative in a variety of laboratories for many years. Considerable Information there- fore already exists for the design of physical containment facilities and the selection of laboratory procedures applicable to orga- nisms carrying recombinant DNAs (4-17). The existing programs rely upon mechanisms that, for convenience, can be divided into two categories: (1) A set of standard prac- tices that are generally used in microbiolog- ical laboratories, and (ii) special procedures, equipment, and laboratory installations that provide physical barriers which are applied in varying degrees according to the estimated biohazard. Experiments on recombinant DNAs by their very nature lend themselves to a third containment mechanism—namely, the ap- plication of highly specific biological barriers. In fact, natural barriers do exist which either limit the infectivity of a vector or vehicle “NOTICES (plasmid, bacteriophage or virus) to specific hosts, or its dissemination and survival in the environment. The vectors that provide the means for replication of the recombinant DNAs and/or the host cells in which they replicate can be genetically designed to de- crease by many orders of magnitude the probability of dissemination of recombinant DNAs outside the laboratory. As these three means of containment are complementary, different levels of contain- ment appropriate for experiments with dif- ferent recombinants can be established by applying different combinations of the physi- cal and biological barriers to a constant use of the standard practices. We consider these categories of containment separately here in order that such combinations can be con- veniently expressed in the guidelines for re- search on the different kinds of recombinant DNAs (Section III). A. Standard practices and training. The first principle of containment is a strict ad- herence to good microbiological practices (4— 13). Consequently, all personnel directly or indirectly involved in experiments on re- combinant DNAs must receive adequate in- struction. This should include at least train- ing in aseptic techniques and instruction in the biology of the organisms used in the ex- periments so that the potential biohazards can be understood and appreciated. Any research group working with agents with a known or potential biohazard should have an emergency plan which describes the procedures to be followed if an accident con- taminates personnel or environment. The principal investigator must ensure that everyone in the laboratory is familiar with both the potential hazards of the work and the emergency pian. If a research group is working with a known pathogen for which an effective vaccine is available, all workers should be immunized. Serological monitor- ing, where appropriate, should be provided. B. Physical containment levels. A variety of combinations (levels) of special practices, equipment, and laboratory installations that provide additional physical barriers can be formed. For example, 31 combinations are listed in “Laboratory Safety at the Center for Disease Control” (4); four levels are associ- ated with the “Classification of Etiologic Agents on the Basis of Hazard” (5), four levels were recommended in the “Summary Statement of the Asilomar Conference on Recombinant DNA Molecules” (3); and the National Cancer Institute uses three levels for research on oncogenic viruses (6). We emphasize that these are an aid to, and not a substitute for, good technique. Personnel must be competent in the effective use of all equipment needed for the required contain- ment level as described below. We define only four levels of physical containment here, both because the accuracy with which one can presently assess the biohazards that may result from recombinant DNAs does not war- Tant a more detailed classification, and be- cause additional flexibility can be obtained by combination of the physical with the bio- logical barriers. Though different in detail, these four levels (P1EK2>EK1) are to be used if they are available and are equally appropriate for the purposes of the experiment. Shotgun experiments. These experi- ments involve the production of recombinant DNAs between the vector and the total DNA or (preferably) any partially purified fraction thereof from the specified cellular source. (1) Eukaryotic DNA recombinants—Pri- mates. P3 physical containment+an EK3 host-vector, or P4 physical containment+an EK2 host-vector, except for DNA from un- contaminated embryonic tissue or primary tissue cultures therefrom, and germ-line cells for which P3 physical containment-++an EK2 host-vector can be used. The basis for the lower estimated hazard in the case of DNA from the latter tissues (if freed of adult tissue) is their relative freedom from. hori- zontally acquired adventitious viruses. Other mammals. P3 physical containment -+-an EK2 host-vector. Birds. P3 physical containment!an EK2 host-vector. Cold-blooded vertebrates. P2 physical con- tainmenttan EK2 host-vector except for embryonic or germ-line DNA which require P2 physical containment+an EK1 host- vector, If the eukaryote is known to produce a potent toxin, the containment shall be increased to P3+EkK2. Other cold-blooded animals and lower eukaryotes. This large class of eukaryotes 1s divided into the following two groups: {1) Species that are known to produce a potent toxin or are known pathogens (l.e., an agent Usted in Class 2 of ref. § or a plant pathogen) or are known to carry such patho- genic agents must use P3 physical contain- ment+an EK2 host-vector. Any species that has a demonstrated capacity for carrying par- ticular pathogenic agents Js included in this group unless it has been shown that those organisms used as the source of DNA do not contain these agents; in this case they may be placed in the second group, {2) The remainder of the species in this class can use P2--EK1. However, any insect in this group should have been grown under laboratory conditions for at least 10 genera- tions prior to its use as a source of DNA. Plants. P2 physical containment-+an EK1 host-vector. If the plant carries a known pathogenic agent or makes a product known to be dangerous to any species, the contain- ment must be raised to P3 physical contain- ment-+-an EK2 host-vector. (il) Prokaryotes DNA Prokaryotes that exchange genetic matio with E. coli?. The level of physical containment is di- rectly determined by the rule of the most dangerous component (see introduction to Section III). Thus Pl conditions can be used for DNAs from those bacteria in Class 1 of ref. 5. (‘Agents of no or minimal haz- ard * * *’) which naturally exchange genes with KE. coli; and P2 conditions should be used for such bacteria if they fall in Class 2 of ref. 5 (“Agents of ordinary potential hazard * * *"), or plant pathogens or sym- bionts. EK1 host-vectors can be used for all experiments requiring only Pi physical containment; in fact, experiments in this category can be performed with E. coli K-12 vectors exhibiting a lesser contaiment (e.z., conjugative plasmids) than EK1 vectors. Ex- periments with DNA from species requiring P2 physical containment which are of low pathogenicity (for example, enteropathogenic Escherichia coli, Salmonella typhimurium, and Klebsiella pneumoniae) can use EKi host-vectors, but those of moderate path- ogenicity (for example, Salmonella typhi, Shigella dysenteriae type I, and Vibrio cholerae) must use EK2 host-vectors? A specific example of an experiment with a plant pathogen requiring P2 physical con- tainment--an EK2 host-vector would be cloning the tumor gene of Agrobacterium tumefaciens. Prokaryotes that do not exchange genetic information with E. coli. The minimum con- tainment conditions for this class consist of P2 physical containment +an EK2 host- vector or P3 physical containment--an EK1 host-vector, and apply when the risk that the recombinant DNAs will increase the path- ogenicity or ecological potential of the host is fudged to be minimal. Experiments with DNAs from pathogenic species (Class 2 ref. 5 plus plant pathogens) must use P3-- EK2. (ili) Characterized clones of DNA recombi- nants derived from shotgun experiments. When a cloned DNA recombinant has been rigorously characterized ‘* and there ts suffi- cient evidence that it is free of harmful genes,+ then experiments involving this re- combinant DNA can be carried out under P1+EK1 conditions if the inserted DNA is from a species that exchanges genes with &, coli, and under P2+EK1 conditions if not. Purified cellular DNAs other than plasmids, bacteriophages, and other viruses. The formation of DNA recombinants from cellular DNAs that have been enriched® by physical and chemical techniques (Le., not by cloning) and which are free of harmful genes can be carried out under lower con- tainment conditions than used for the cor- responding shotgun experiment. In general, the containment can be decreased one step in physical containment (P4>P3+P2>P1) while maintaining the biological contain- ment specified for the shotgun experiment, or one step in biological containment (EK3~> EK2~>EK1) while maintaining the specified physical containment—provided that the recombinants— infor- See footnotes on p. 38459. NO, 176—-THURSDAY, SEPTEMBER 9, 1976 new condition is not less than that specified above for characterized clones from shotgun experiments (Section —4Hli). . Plasmids, bacteriophages, and other viruses. Recombinants formed between EK- type vectors and other plasmid or virus DNAs have in common the potential for acting as double vectors because of the replication functions in these DNAs. The containment conditions given below apply only to propa- gation of the DNA recombinants in £. coli K- 12 hosts. They do not apply to other hosts where they may be able to replicate ag a re- sult of functions provided by the DNA in- serted into the EK vectors. These are con- 6idered under other host-vector systems. (1) Animal viruses. P4+EK2 or P3+EK3 shall be used to isolate DNA recombinants that include all or part of the genome of an animal virus. This recommendation applies not only to experiments of the “shotgun” type but also to those involving partially characterized subgenomic segments of. viral DNAs (for example, the genome of defective viruses, DNA fragments isolated after treat- ment of viral genomes with restriction enzymes, etc). When cloned recombinants have been shown by suitable biochemical and biological tests to be free of harmful regions, they can be handled in -P3+EK2 conditions. In the case of DNA viruses, harmless regions Include the late region of the genome; in the case of DNA copies of RNA viruses, they might include the genes coding for capsid proteins or envelope proteins. (il) Plant viruses. P3+EK1 or P2+EK2 conditions shall be used to form DNA re- combinants that include all or part of the genome of a plant virus. (iil) Eukaryotic organelle DNAs. The con- tainment conditions given below apply only when the organelle DNA has been purified * from isolated organelles. Mitochondrial DNA from primates: P3+-EK1 or P2-+-EK2. Mito- chondrial or chloroplast DNA from other eukaryotes: P24-EK1. Otherwise, the condi- tions given under shotgun experiments apply. (iv) Prokaryotic plasmid and phage DNAs. Plasmids and phage from hosts that ex- change genetic—information with E. coli, Experiments with DNA recombinants formed from plasmids or phage genomes that have not been characterized with regard to presence of harmful genes or are known to contribute significantly to the pathogenicity of their normal hosts must use the contain- ment conditions specified for shotgun experi- ments with DNAs from the respective host. If the DNA recombinants are formed from plasmids or phage that are known not to con- tain harmful genes, or from purified* and characterized plasmid or phage DNA segments known not to contain harmful genes, the experiments can be performed with P1 physi- cal containment-tan EK1 host-vector. Plasmids and phage from hosts that do not exchange genetic information with E. colt. The rules for shotgun experiments with DNA from the host apply to their plas- mids or phages. The. minimum containment conditions for this category (P2--EK2, or P3+4+EK1) can be used for plasmid and phage, or for purified* and characterized segments of plasmid and phage DNAs, when the risk that the recombinant DNAs will increase the pathogenicity or ecological po- tential of the host is judged to be minimal. Note: Where applicable, cDNAs (i.e., complementary DNAs) synthesized in vitro from cellular or viral RNAs are included within each of the above classifications. For example, cDNAs formed from cellular RNAs that are not purified and character- ized are included under , shotgun ex- periments; cDNAs formed from purified and See footnotes on p, 38459, NOTICES characterized RNAs are included under ; cDNAs formed from viral RNAs are included under ; etc. 3. Experiments with other prokaryotic host-vectors, Other prokaryotic host-vector systems are at the speculative, planning, or developmental stage, and consequently do not warrant detailed treatment here at this time. However, the containment cri- teria for different types of DNA recombi- nants formed with EF. coli K-12 host-vectors can, with the aid of some general principles given here, serve as a guide for containment conditions with other host-vectors when appropriate adjustment is made for their different habitats and characteristics. The newly developed host-vector systems should offer some distinct advantage over the E. coli K-12 host-vectors—tfor instance, ther- mophilic organism or other host-vectors whose major habitats do not include humans and/or economically important animals and plants. In general, the strain of any pro- Karyotic species used as the host is to con- form to the definition of Class 1 etiologic agents given in ref. 5 (ie., “Agents for no or minimal hazard * * *”), and the plasmid or phage vector should not make the host more hazardous. Appendix A gives a de- tailed discussion of the B. subtilis system, the most promising alternative to date. At the initial stage, the host-vector must exhibit at least a moderate level of biological containment comparable to EK1 systems, and should be capable of modification to ob- tain high levels of containment comparable to EK2 and EK8. The type of confirmation test(s) required to move a host-vector from an EK2-type classification to an EK3-type will clearly depend upon the preponderant habitat of the host-vector. r example, if the unmodified host-vector propagates mostly in, on, or around higher plants, but not appreciably 1n warm-blooded animals, modification should be designed to reduce the probability that the host-vector can es- cape to and propagate in, on, or around such plants, or transmit recombinant DNA to other bacterial hosts that are able to occupy these ecological niches, and it is these lower probabilities which must be confirmed. The following principles are to be followed in using the containment criteria given for ex- periments with F. colt K-12 host-vectors as a guide for other prokaryotic systems, Experi- ments with DNA from prokaryotes (and their plasmids or viruses) are classified accord- ing to whether the prokaryote in question exchanges genetic information with the host- vector or not, and the containment condi- tions given for these two classes with EF. coli K-12 host-vectors applied. Experiments with recombinants between plasmid or phage vec- tors and DNA that extends the range of re- sistance of the recipient species to thera- peutically useful drugs must use P3 physical containment + a host-vector comparable to EK1 or P2 physical containment + a host- vector comparable to EK2. Transfer of re- combinant DNA to plant pathogens can be made safer by using nonreverting, doubly auxotrophic, non-pathogenic variants. Ex- periments using a plant pathogen that af- fects an element of the local flora will re- quire more stringent containment than if carried out in areas where the host plant is not common. Experiments with DNAs from eukaryotes (and their plasmids or viruses) can also fol- low the criteria for the corresponding experi- ments with F. coli K-12 vectors if the major habitats of the given host-vector overlap those of FE. colt. If the host-vector has a major habitat that does not overlap those of E. coli (e.g., root nodules in plants), then the containment conditions for some eukaryotic recombinant DNAs ned to be increased (for instance, higher plants and their viruses in 38457 the preceding example) while others can be reduced. 4. Experiments with eukaryotic host-vec- tors-— Antmal host-vector systems. Be- cause host cell lines generally have little if any capacity for propagation outside the laboratory, the primary focus for contain- ment is the vector, although cells should also be derived from cultures expected to be of minimal hazard. Given good microbiological practices, the most likely mode of escape of recombinant DNAs from a physically con- tained laboratory is carriage by humans; thus vectors should be chosen that have lit- tle or no ability to replicate in human cells. To be used as a vector in a eukaryotic host, a DNA molecule needs to display all of the fol- lowing properties: (1) It shall not consist of the whole ge- nome of any agent that is infectious for hu- mans or that replicates to a significant ex- tent in human cells in tissue culture. (2) Its functional anatomy should be known—that is, there should be a clear idea of the location within the molecule of: (a) The sites at which DNA synthesis originates and terminates, (b) The sites that are cleaved by restric- tion endonucleases, - : {c) The template regions for the major gene products. (3) It should be well studied genetically. It is desirable that mutants be available in adequate number and variety, and that quantitative studies of recombination have been performed. (4) The recombinant must be defective, that is, its propagation as a virus is depend- ent upon the presence of a complementing helper genome. This helper should either (a) be integrated into the genome of a stable line of host cells (a situation that would effectively limit the growth of the vector to that particular cell line) or (b) consist of a defective genome or an appropriate condi- tional -lethal mutant virus (in which case the experiments would be done under non- permissive’ conditions), making vector and helper dependent upon each other for prop- agation. However, if none of these is avail- able, the use of a non-defective genome as helper would be acceptable, Currently only two viral DNAs can be con- sidered as meeting these requirements: These are the genomes of polyoma virus and SV40. Of these, polyoma virus is highly to be preferred. SV40 is known to propagate in human cells, both in vivo and in vitro, and to infect laboratory personnel, as evidenced by the frequency of their conversion to pro- ducing SV40 antibodies, Also, SV40 and re- lated viruses have been found in association with certain human neurological and ma- lignant diseases. SV40 shares many prop- erties, and gives complementation, with the common human papova viruses. By contrast, there is no evidence that polyoma infects humans, nor does it replicate to any signifi- cant extent in human cells in vitro. How- ever, this system still needs to be studied more extensively. Appendix B gives further details and documentation, Taking account of all these factors: i. Polyoma virus. a Recombinant DNA Molecules consisting of defective polyoma virus genomes plus DNA sequences of any nonpathogenic organism, including Class 1 viruses (5), can be propagated in or used ta transform cultured cells. P3 conditions are required. Appropriate helper virus can be used if needed. Whenever there is a choice, it is urged that mouse cells, derived preferably from embryos, be used as the source of eu- Karyotic DNA. Polyma virus is a mouse virus and recombinant DNA molecules containing both viral and cellular sequences are already Known to be present in virus stocks grown at a high multiplicity. Thus, recombinants forméd in vitro between polyoma virus DNA FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 38458 and mouse DNA are presumably not nove) irom an evolutionary point of view. b. Such experiments are to be done under P4 conditions if the recombinant DNA con- tains segments of the genomes of Class 3 animal viruses (5). Once it has been shown by suitable biochemical and biological tests that the cloned recombinant contains only harmless regions of the viral genome (see Section IIIB-2-c-i} and that the host range of the polyoma virus vector has not been al- tiered, experiments can be continued under P3 conditions. 3, SV40 Virus. a. Defective SV40 genomes, with appropriate helper, can be used as a@ vector for recombinant DNA molecules con- taining sequences of any non-pathogenic organism or Class I virsus (5), (i.e. a shot- gun type experiment). P4 conditions are re- quired. Established HMnes of cultured cells should be used. \ b. Such experiments are to be carried out in P3 (or P4) conditions if the non- 5V40 DNA segment is (a) a purified® seg- ment of prokaryotic DNA lacking toxigenic genes, or (b) a segment of eukaryotic DNA whose function has been established, which does not code for a toxic product, and which has been previously cloned in a prokaryotic host-vector system. It shall be confirmed that the defective virus—helper virus sys- tem does not replicate significantly more ef- ficiently in human cells in tissue culture than does SV40, following infection at a mul- tiplicity of infection of one or more helper SV40 viruses per cell. c. A recombinant DNA molecule consist- ing of defective SV40 DNA lacking sub- stantial segments of the late region, plus DNA from non-pathogenic organisms or Class I viruses (5), can be propagated as an auton- omous cellular element in established lines of cells under P3 conditions provided that there is no exogenous or endogenous helper, and that it is demonstrated that no infec- tious virus particles are heing produced. Un- til this has been demonstrated, the appro- priate containment conditions specified in 2, a. and 2. b. shall be used. d. Recombinant DNA molecules consisting of defective SV40 DNA and sequences from non-pathogenic prokaryotic or eukaryotic organisms or Class I viruses (5) can be used to transform established lines of non-permis- sive cells under P3 conditions. It. must be demonstrated that no infectious virus par- ticles are being produced; rescue of SV40 from such transformed cells by co-cultiva- tion or transfection techniques must be car~ ried out in P4 conditions. 8. Efforts are to be made to ensure that all cell lines are free of virus particles and myco- plasma. Since SV40 and polyoma are Hmited tn their scope to act as vectors, chiefly because the amount of foreign DNA that the normal virions can carry probably cannot exceed 2%10¢ daltons, the development of systems in which recombinants can be cloned and propagated purely in the form of DNA, rather than in the coats of infectious agents 1s necessary. Plasmid forms of viral genomes or organelle DNA need to be explored as possible eloning vehicles in eukaryotic cells. Plant host-vector systems. For cells in tissue cultures, seedlings, or plant parts (eg., tubers, stems, fruits, and detached leaves) or whole mature plants of small species (¢.g., Arabidopsis) the P1—P4 contain- ment conditions that we have specified previ- ously are relevant concepts. However, work with most plants poses additional problems. See footnotes on p. 38459. NOTICES The greenhouse facilities accompanying P2 laboratory physical containment conditions ean be provided by: (1) Insect-proof green- houses, (ii) appropriate sterilization of con- taminated plants, pots, soil, and runoff water, and (lil) adoption of the other standard practices for microbiological work. P3 physi- cal containment can be sufficiently approxi- mated by confining the operations with whole plants to growth chambers like those used for work with radioactive isotopes: Pro- vided, That (1) such chambers are modified to produce a negative pressure environment with the exhaust air appropriately filtered, Gi) that other operations with infectious materials are carried out under the specified P3 conditions, and (iii) to guard against in- advertent insect transmission of recombinant DNA, growth chambers are to be routinely fumigated and only used in insect proof rooms. The P2 and P3 conditions specified earlier are therefore extended to include these cases for work on higher plants. The host cells for experiments on re- combinant DNAs may be cells in culture, in seedling or plant parts. Whole plants or plant parts that cannot be adequately contained shall not be used as hosts for shotgun ex- periments at this time, and attempts to in- fect whole plants with recombinant DNA shall not be initiated until the effects on host cells in culture, seedlings or plant parts have been thoroughly studied. Organelle or plasmid DNAs and DNAs of viruses of restricted host range may be used as vectors. In general, similar criteria for selecting host-vectors to those given in the preceding section on animal systems are to apply to plant systems. DNA recombinants formed between the initial moderately contained vectors and DNA from cells of species in which the vector DNA can replicate, require P2 physical contain- ment. However, if the source of the NA is ltself pathogenic or known to carry patho- genic agents, or to produce products dan- gerous to plants, or if the vector is an un- modified virus of unrestricted host range, the experiments shall be carried out under P3 conditions. Experiments on recombinant DNAs formed between the above vectors and DNAs from other species can also be carried out under P2 if that DNA has been purified* and de- termined not to contain harmful genes. Otherwise, the experiments shall be carried out under P3 conditions if the source of the inserted DNA is not itself s pathogen, or known to carry such pathogenic agents, or to produce harmful products—and under P4 conditions if these conditions are not met. The development and use of host-vector systems that exhibit a high level of biologi- cal containment permit a decrease of one step in the physician containment specified above (P4>P3>P2>P1). : Fungal or similar lower euharyotic host-vector systems, The containment cri- teria for experiments on recombinant DNAs using these host-vectors most closely re- semble those for prokaryotes, rather than those for the preceding eukaryotes, in that the host cells usually exhibit a capacity for dissemination outside the laboratory that is similar to that for bacteria. We therefore consider that the containment guidelines given for experiments with EF. coli K-12 and other prokaryotic host-vectors (Sections ITIB-1 and ~-2, respectively) provide adequate direction for experiments with these lower eukaryotic host-vectors. This is particularly true at this time since the development of these host-vectors is presently in the specu- jative stage. IV. Roies anv RESPONSIBILITIES Safety in research involving recombinant DNA molecules depends upon how the re~« search team applies these guidelines. Motiva- tion and critical Judgment are necessary, In addition to specific safety knowledge, to en- sure protection of personnel, the public, and the environment. The guidelines given here ave to help the principal investigator determine the nature of the safeguards that should be imple- mented. These guidelines will be incomplete iu same respects because all conceivable ex- periments with recombinant DNAs cannect now be anticipated. Therefore, they cannot substitute for the investigator’s own Knowi- edgeable and discriminating evaluation. Whenever this evaluation calls for an In- crease in containment over that indicated in the guidelines, the investigator has a responsibility to institute such an increase. In contrast, the containment conditions called for in the guidelines should not be decreased without review and approval at the institutional and NIH levels, The following roles and responsibilities de- fine an administrative framework in which safety is an essential and integrated fune- tion of research involving recombinant DNA molecules. A. Principal investigator. The principal in- vestigator has the primary responsibility for: (i) Determining the real and potential bio- hazards of the proposed research, (HM) de- termining the appropriate level of biologica and physical containment, (iil) selecting the microbiological practices and laboratory _ techniques for handling recombinant DNA materials, (iv) preparing procedures for deai- ing with accidental spills and overt personne} contamination, (v) determining the appli- cability of various precautionary medical practises, serological monitoring, and im- munization, when available, (vi) securing approval of the proposed research prior to initiation of work, (vii) submitting Informa- tion on purported EK2 and EK3 systems to the NIH Recombinant DNA Molecule Pro- gram Advisory Committee and making the strains available to others, (viii) reporting to the institutional biohazards committee and the NIH Office of Recombinant DNA Ac- tivities new information bearing on the guidelines, such as technical information re- lating to hazards and new safety procedures or innovations, (ix) applying for approval} ‘trom the NIH Recombinant DNA Molecule Program Advisory Committee for large scale experiments with recombinant DNAs known to make harmful products (1.e., more than 10 liters of culture), and (x) applying to NIH for approval to lower containment levels when a cloned DNA recombinant derived from a shotgun experiment has been rigor- ously characterized and there is sufficient evidence that it is free of harmful genes, Before work is begun, the principal i1- vestigator is responsible for: (i) Making available to program and support staff copies of those portions of the approved grant ap- plication that describe the bichazards and the precautions to be taken, (ii) advising the program and support staff of the nature and assessment of the real and potential bio- hazards, (iif) instructing and training thie staff in the practices and techniques required to ensure safety, and in the procedures for dealing with accidentally created biohazards, and (iv) informing the staff of the reasons and provisions for any advised or requested precautionary medical practises, vaccina- tions, or serum collection. During the conduct of the recearch, the principal investigator is responsible for: (1) FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 Supervising the safety performance of the staff to ensure that the required safety prac- tices and techniques are employed, (ii) In- vestigating and reporting in writing to the NIH Office of Recombinant DNA Activities and the institutional biohazards committee any serious or extended illness of a worker or any accident that results in (a) inocula- tion of recombinant DNA materials through utaneous penetration, (b) ingestion of recombinant DNA materials, (c) probable inhalation of recombinant DNA materials following gross aerosolization, or (d) any incident causing serious exposure to per- sonnei or danger of environmental contami- nation, (ili) invesigating and reporting in writing to the NIH Office of Recombinant DNA Activities and the institutional bio- hazards committee any problems pertaining to operation and implementation of bio- logical and physical containment safety prac- tices and procedures, or equipment or facil- ity failure, (iv) correcting work errors and conditions that may result in the release of recombinant DNA materials, and (v) ensur- ing the integrity of the physical contain- ment (e.g., biological safety cabinets) and the biological containment (e.g., genotypic and phenotypic characteristics, purity, etc.). B. Institution. Since in almost all cases, NIH grants are made to institutions rather than to individuals, all the responsibilities of the principal investigator listed above are the responsibilities of the institution under the grant, fulfilled on its behalf by the prin- cipal investigator. In addition, the institu- tion ‘s responsible for establishing an insti- tutional biohazards committee’ to: (1) Ad- vise the institution on policies, (ii) create and maintain a central reference file and Hbrary of catalogs, books, articles, newslet- ters, and other communications as a source of advice and reference regarding, for exam- ple, the availability and quality of the safety equipment, the availability and level of bio- logical containment for various host-vector systems, suitable training of personnel and data on the potential biohazards associated with certain recombinant DNAs, (lili) de- velop a safety and operations manual for any P4 facility maintained by the institution and used in support of recombinant DNA research, (lv) certify to the NIH on applica- tions for research support and annually thereafter, that facilities, procedures, and practices and the training and expertise of the personnel involved have been reviewed and approved by the Institutional biohazards committee. The biohazards committee must be suffi- elently qualified through the experience and expertise of its membership and the diversity of its membership to ensure respect for its advice and counsel. Its membership should include individuals from the institution or consultants, selected so as to provide a diver- sity of disciplines relevant to recombinant DNA technology, biological safety, and engi- neering. In addition to possessing the profes- sional competence necessary to assess and review specific activities and facilities, the committee should possess or have available to it, the competence to determine the ac- eeptability of its findings in terms-of ap- plicable laws, regulations, standards of prac- tices, community attitudes, and health and environmental considerations, Minutes of the meetings should be kept and made available for public inspection. The institution is re~ sponsible for reporting names of and releyant background information on the members of its biohazards committee to the NIH. C. NIH Initial Review Groups (Study Sec- tions), The NIH Study Sections, in addition NOTICES to reviewing the scientific merit of each grant application involving recombinant DNA molecules, are responsible for: (i) Making an independent evaluation of the real and potential biohazards of the pro- posed research on the basis of these guide-~ lines, (ii) determining whether the proposed physical containment safeguards certified by the institutional biohazards committee are appropriate for control of these biohazards, (iii) determining whether the proposed bio- logical containment safeguards are appro- priate, (iv) referring to the NIH Recombi- nant DNA Molecule Program Advisory Com- mittee or the NIH Office of Recombinant DNA Activities those problems pertaining to assessment of biohazards or safeguard deter- mination that cannot be resolved by the Study Sections. The membership of the Study Sections will be selected in the usual manner. Biological safety expertise, however, will be available to the Study Sections for consultation and guidance. , D. NIH Recombinant DNA Molecule Pro- gram Advisory Committee. The Recombinant DNA Molecule Program Advisory Committee advises the Secretary, Department of Health, Education, and Welfare, the Assistant Secre- tary for Health, Department of Health, Edu- cation, and Welfare, and the Director, Na- tional Institutes of Health, on a program for the evaluation of potential biological and ecological hazards of recombinant DNAs (molecules resulting from different segments of DNA that have been joined together in cell-free systems, and which have the capac- ity to infect and replicate in some host cell, either autonomously or as an integrated part of their host's genome), on the development of procedures which are designed to prevent the spread of such molecules within human and other populations, and on guidelines to be followed by investigators working with potentially hazardous recombinants. The NIH Recombinant DNA Molecule Pro- gram Advisory Committee has responsibility for: (1) Revising and updating guidelines to be followed by investigators working with DNA recombinants, (1i) for the time being, receiving information on purported EK2 and EK3 systems and evaluating and certifying that host-vector systems meet EK2 or EK3 criteria, (if) resolving questions concerning potential bichazard and adequacy of con- tainment capability 1f£ NIH staff or NIH In- Itial Review Group so request, and (iv) re- viewing and approving large scale experiments with recombinant DNAs known to make harmful products (e.g., more than 10 liters of culture). E. NIH Staff. NIH Staff has responsibility for: (i) assuring that no NIH grants or con- tracts are awarded for DNA recombinant re- search unless they (a) conform to these guidelines, (b) have been properly reviewed and recommended for approval, and (c) in- clude a properly executed Memorandum of Understanding and Agreement, (ii) review- ing and responding to questions or problems or reports submitted by institutional bio- hazards committees or principal investiga- tors, and disseminating findings, as appro- priate, (ili) receiving and reviewing applica- tions for approval to lower containment Jevels when a cloned DNA recombinant de- rived from a shotgun experiment has been Yigorously characterized and there is suffi- cient evidence that it is free of harmful genes, (iv) referring items covered under (i!) and (111) above to the NTH Recombinant DNA Molecule Program Advisory Committee, as deemed necessary, and (v) performing site inspections of all P4 physical containment facilities, engaged in DNA recombinant re- search, and of other facilities as deemed necessary. 38159 APPENDIX D V. FPoorores 1 Biological Safety Cabinets referred to in this section are classified as Class I, Class II or Class III cabinets, A Class I cabinet is a ventilated cabinet for personnel protection having an inward flow of air away from the operator, The exhaust air from this cabinet is filtered through a high efficiency or high ef- ficiency particulate alr (HEPA) filter before discharged to the outside atmosphere. Thia cabinet is used in three operational modes: (1) with an 8 inch high full width open front, (2) with an installed front closure panel (having four eight inch diameter open- ings) without gloves, and (3) with an in- stalled front closure panel equipped with arm length rubber gloves. The face velocity of the inward flow of air through the full width open front is 75 feet per minute or greater. A Class II cabinet is a ventilated cabinet for personnel and product protection having an cpen front with inward air flow for personnel protection, and HEPA filtered mass recirculated air flow for product protec- tion. The cabinet exhaust air ts filtered through a HEPA filter. The face velocity of the inward flow of air through the full width open front is 75 feet per minute or greater. Design and performance specifications for Class II cabinets have been adopted by the National Sanitation Foundation, Ann Arbor. Michigan. A Class III cabinet is a closed front ventilated cabinet of gas tight construc- tion which provides the highest level of per- sonnel protection of all Biohazard Safety Cabinets. The interior of the cabinet is pro- tected from contaminants exterior to the cabtnet. The cabinet is fitted with arm length rubber gloves and is operated under a nega- tive pressure of at least 0.5 inches water gauge. All supply air is filtered through HEPA filters. Exhaust air is filtered through HEPA filters or incinerated before being dis- charged to the outside environment. ? Defined as observable under optimal lab- oratory conditions by transformation, trans- duction, phage infection and,/or conjugation with transfer of phage, plasmid and ‘or chro- mosomal genetic information. *The bacteria which constitute Class 2 of ref. 5 (‘Agents of ordinary potential hazard .-.”) represent a broad spectrum of etiologic agents which possess different levels of vir- ulence and degrees of communicability. We think it appropriate for our specific purpose to” further subdivide the agents of Class 2 into those which we believe to be of rela- tively low pathogenicity and those which are moderately pathogenic. The several specific examples given may suffice to illustrate the principle. ‘The terms “characterized” and “free of harmful genes” are unavoidably vague. But in this instance, before containment condi- tions lower than the ones used to clone the DNA can be adopted, the Investigator must obtain approval from the National Institutes of Health. Such approval would be contin- gent upon data concerning: (a) The absence of potentially harmful genes (e.g., sequen- ces contained in indigenous tumor viruses or which code for toxic substances), (b) the relation between the recovered and de- sired segment (e.g., hybridization and re- striction endonuclease fragmentation anal- ysis where applicable), and (c) maintenance of the biological properties of the vector. 5A DNA preparation is defined as enriched if the desired DNA represents at least 99% (w/w) of the total DNA itn, the preparation. The reason for lowering the containment level when this degree of enrichment has been obtained is based on the fact that the total number of clones that must be ex~ amined to obtain the desired clone is FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 38460 markedly reduced. Thus, the probability of cloning a harmful gene could, for example, be reduced by more that 10°-fold when a non- repetitive gene from mammals was being sought. Furthermore, the level of purity spe- cified here makes it easier to establish that the desired DNA does not contain harmful genes. *The DNA preparation 1s defined as puri- fled if the desired DNA represents at least 99 percent (w/w) of the total DNA in the preparation, provided that it was verified by more than one procedure. 7In special circumstances, in consultation with the NIH Office of Recombinant DNA Ac- tivities, an area biohazards committee may be formed, composed of members from the institution and/or other organizations be- yond its own staff, as an alternative when additional expertise outside the institution is needed for the indicated reviews. V. REFERENCES 1. Berg, P., D. Baltimore, H. W. Boyer, S. N. Cohen, R. W. Davis, D. S. Hogness, D. Na- thangs, R. O. Roblin, J. D. Watson, S. Weiss- man, and N. D. Zinder (19'74). Potential Bio- hazards of Recombinant DNA Molecules. Sci- ence 185, 303. 2, Advisory Board for the Research Coun- cils. Report of a Working Party on the Ez- perimental Manipulation of the Genetic Composition of Micro-Organisms. Presented to Parliament by the Secretary of State for Education and Science by Command of Her Majesty. January, 1975. London: Her Maj- esty’s Stationery Office, 1975. 3, Berg, P., D. Baitimore, S. Brenner, R. O. Roblin and M. F. Singer (1975). Summary Statement of the Asilomar Conference on Re- combinant DNA Molecules. Science 188, 991; Nature, 225, 442; Proc. Nat. Acad. Sci. 72, 1981. 4. Laboratory Safety at the Center for Dis- ease Control (Sept., 1974). U.S. Department of Health, Education and Welfare Publication No. CDC 75-8118. 5. Classification of Etiologic Agents on the Basis of Hazard. (4th Edition, July, 1974). U.S. Department of Health, Education and Welfare. Public Health Service. Center for Disease Control, Office of Biosafety, Atlanta, Georgia 30333. 6. National Cancer Institute Safety Stand- ards for Research Involving Oncogenic Vir- uses (Oct., 1974). U.S. Department of Health, Education and Welfare Publication No. (NIH) 75—790. 7. National Institutes of Health Biohazards Safety Guide (1974), U.S. Department of Health, Education and Welfare. Public Health Service, National Institutes of Health. U.S Government Printing Office Stock No. 1740- 00383. 8. Biohazards in Biological Research (1973). A. Heliman, M. N. Oxman and R. Pollack {ed.), Cold Spring Harbor Laboratory. 9. Handbook of Laboratory Safety (1971; 2nd Edition). N. V. Steere (ed.)}. The Chemi- eal Rubber Co., Cleveland. 10. Bodily, H. L. (1970). General Adminis- tration of the Laboratory. H. L. Bodily, E. L. Updyke and J. O. Mason (eds.), Diagnostic Procedures for Bacterial, Mycotic and Para-~ sitic Infections. American Public Health As- sociation, New York. pp. 11-28. 11. Darlow, H. M. (1969). Safety in the Microbiological Laboratory. In J. R. Norris and D. W. Robbins (ed.)}, Methods in Micro~ piology. Academic Press, Inc. New York. pp. 169-204. 12. The Prevention of Laboratory Acquired infection (1974). C. H. Collins, E. G. Hart- ley, and R. Pilsworth, Public Health Labora- tory Service, Monograph Series No. 6. 18. Chatigny, M. A, (1961). Protection Against Injection in the Microbiological Laboratory: Devices and Procedures. In W. W. NOTICES Umbreit (ed.). Advances in Applicd Micro~ biology. Academic Press, New York, N.Y. 3: 131-192, 14, Design Criteria for Viral Oncology Re- search Facilities, U.S. Department of Health, Education and Welfare, Public Health Serv- ice, National Institutes of Health, DHEW Publication No. (NIH) 75-891, 1975. 16. Kuehne, R. W. (1973). Biological Con- tainment Facility for Studying Infectious Disease, Appl. Microbiol. 26: 239-243. 16. Runkle, R. 8. and G. B. Phillips. (1969). Microbial Containment Control Facilities. Van Nostrand Reinhold, New York. 17. Chatigny, M. A. and D.I. Clinger (1969). Contamination Control in Aerobiology. In R. L. Dimmick and A. B. Akers (eds.). An In- troduction to Experimental Aerobiology. John Wiley & Sons, New York, pp. 194-263. 18. Grunstein, M. and D. S. Hogness (1975). Colony Hybridization: A Method for the Iso- lation of Cloned DN'As That Contain a Spe- cifie Gene. Proc. Nat. Acad. Sct. U.S.A. 72, 3961-3965. 19. Morrow, J. P., S. N. Cohen, A. C. Y. Chang, H. W. Boyer, H. M. Goodman and R. B. Helling (1974). Replication and Trans- cription of Eukaryotic DNA in Escherichia coli, Proc. Nat. Acad. Sci. USA 71, 1743-1747. 20. Hershfield, V..H. W. Boyer, C. Yanofsky, M. A. Lovett and D. R. Helinski (1974). Plas- mid ColEl as a Molecular Vehicle for Clon- ing and Amplification of DNA. Proc. Nat. Acad. Sci. USA 71, 3455-3459. 21. Wensink, P. C., D. J. Finnegan, J. FE. Donelson, and D. S. Hogness (1974). A Sys- tem jor Mapping DNA Sequences in the Chromosomes of Drosophila melanogaster. Cell 3, 815-925, - 22. Timmis, K., F. Cabello and S. N. Cohen (1974). Utilization of Two Distinct Modes of Replication by a Hybrid Plasmid Constructed in Vitro from Separate Replicons. Proc. Nat. Acad, Sci. USA 71, 4556-4560. 23. Glover, D. M., R. L. White, D. J. Finne- gan and D. 8S. Hogness (1975). Characteriza- tion of Siz Cloned DNAs from Drosophila melanogaster, Including one that Contains the Genes for rRNA. Cell 5, 149-155. 24. Kedes, L. H., A. C. Y. Chang, D. House- man and S. N. Cohen (1975). Isolation of Histone Genes from Unfractionated Sea Urchin DNA by Subculture Cloning in E. coli. Nature 255, 533. 25. Tanaka, T. and B. Weisblum (1975). Construction of a Colicin El-R Factor Com- posite Plasmid in Vitro: Means for Ampli- fication of Deoxyribonucleic Acid. J. Bacte- riol. 121, 354-362. 26. Tanaka, T., B. Weisblum, M. Schnoss and R. Inman (1975). Construction and Characterization of a Chimeric Plasmid Com- posed of DNA from Escherichia coli and Drosophila melanogaster. Biochemistry I4, 2064-2072. 27. Thomas, M., J. R. Cameron and R. W. Davis (1974). Viable Molecular Hybrids of Bacteriophage Lambda and Eukaryotic DNA. Proc, Nat. Acad. Sci. USA 71, 4579-4583. 28. Murray, N. E. and K. Murray (1974). Manipulation of Restriction Targets in Phage 4 to form Receptor Chromosomes far DNA Fragments. Nature 251, 476-481. 29. Rambach, A. and P. Tiollais (1974). Bacteriophage \} Having EcoRl Endonuclease Sites only in the Non-essential Region of the Genome. Proc, Nat. Acad. Sci. USA 71, 3927- 3930. 30. Smith, H. W. (1975) Survival of Orally- Administered Escherichia colf K12 in the Alimentary Tract of Man. Nature 255, 500- 502. 31. Anderson, E. 8. (1975). Viability of, and Transfer of a Plasmid from Escherichta coli K12 in the human intestine. Nature 255, 502-504, 32. Falkow, 8. (1975). Unpublished expert- ments quoted in Appendix D of the Report of the Organizing Committee of the Asilo- mar. Conference on Recombinant DNA Mole- cules (P. Berg, D. Baltimore, S. Brenner, R. O. Roblin and M. Singer, eds.) submitted to the National Academy of Sciences. 33. R. Curtiss II, personal communica- tion. 34, Novick, R. P. and S, I. Morse (1967). In Vivo Transmission of Drug Resistance Factors between Strains of Staphylococcus aureus. J. Exp. Med, 125, 45-59. 36. Anderson, J. D., W. A. Gillespie and M. H. Richmond. 1974. Chemotherapy and Antibiotic Resistance Transfer between En- terobacteria in the Human Gastrointestinal Tract. J. Med. Microbiol. 6, 461-473. 36. Ronald Davis, personal communication. 37. K. Murray, personal communication: W. Szybalski, personal communication. 88. Manly, K. R., E. R. Signer and C. M. Radding (1969). Nonessential Functions of Bacteriophage y. Virology 37 177. 39. Gottesman, M. E. and R. A. Weisberg (1971). Prophage Insertion and Exciston. In The Bacteriophage Lambda (A. D. Hershey, ed.). Cold Spring Harbor Laboratory pp. 113- 138. 40. Shimada, K., R. A. Weisberg and M. &. Gottesman (1972). Prophage Lambda at Un- usual Chromosomal Locations: I. Location of the Secondary Attachment Sites and the Properties of the Lysogens. J. Mol. Biol. 63, 483-503. 41, Signer, BE. (1969). Plasmid Formation: A New Mode of Lysogeny by Phage \. Nature 223, 158-160. 42, Adams, M. H. (1959). Bacteriophages. Intersciences Publishers, Inc., New York. 43. Jacob, F. and E. L. Wollman (1956). Sur les Processus de Conjuqaison et de Re- combinasion chez Escherichia colt. I. L’induc- tion par Conjugaison ou Induction Zygoti- que. Ann. Inst. Pasteur 91, 486-510. 44. J. S. Parkinson as cited (p. 8) by Her- shey, A. D. and W. Dove (1971). Introduc- tion to Lambda. In: The Bacteriophage }. A. D. Hershey, ed. Cold Spring Harbor Lake- tatory, New York. VIT. MEMBERS oF THE RECOMBINANT DNA MoLECULE PROGRAM ADVISORY COMMITTES CHARMAN STETTEN, DeWitt, Jr., M.D., PR.D., Deputy Director for Science, National Institistes of Health. VICE CHAIRMAN JACOBS, Leon, Ph.D., Associate Director for Collaborative Research, National Institutes of Health. ADELBERG, Edward A., Ph.D., Professor, De- partment of Human Genetics, Schoo) of Medicine, Yale University, CHU, Ernest H. Y. Ph.D., Professor, De- partment of Human Genetics, Medical School, University of Michigan. CURTISS, Roy, II, Ph.D., Professor. De- partment of Microbtology, School of Medi- cine, University of Alabama. DARNELL, James E., Jr.. M.D., Professcr, Department of Molecular Cell Biology, Rockefeller University. HELINSKI, Donald R., Ph.D., Professor, De- partment of Biology, University of Cali- fornia, San Diego. HOGNESS, David S., Ph.D., Professor. De- partment of Biochemistry, Stanford Uni- versity. KUTTER, Elizabeth M., Ph.D., Member cf the Faculty in Biophysics, The Evergreen State College. LITTLEFIELD, John W., M.D., Professor & Chairman, Department of Pediatrics, Chii- dren’s Medical & Surgical Center, Johns Hopkins Hospital. REDFORD, Emmette S., Ph.D., LL.D., Ashbea Smith Professor of Government and Pub- lic Affatra, Lyndon B. Johnsons Schooi of Public Affairs, University of Texas at Ats- tin . FEDERAL REGISTER, VOL. 47, NO. 176—THURSDAY, SEPTEMBER 9, 1976 ROWE, Wallace P., MD. Chief, Laboratory of. Viral Diseases, National Institute of Al- lergy & Infectious Diseases, National In- stitutes of Health. . SETLOW, Jane K., Ph.D., Biologist, Brook- haven National Laboratory. SPIZIZEN, John, Ph.D., Member and Chair- man, Department of Microbiology, Scripps Clinic & Research Foundation. SB2YBALSKI, Waclaw, D.Sc., Professor of Oncology, McArdle Laboratory, Univer- sity of Wisconsin. THOMAS, Charles A., Jr., Ph.D., Professor, Department of Biological Chemistry, Har- vard Medical School. EXECUTIVE SECRETARY GARTLAND, William J., Jr, Ph.D., Health Scientist Administrator, National Institute of General Medical Sciences, National In- stitutes of Health. LIAISON REPRESENTATIVES HEDRICH, Richard, Ph.D., Coordination Pro- gram of Sclence Technology & Human Value, National Endowment for the Hu- manities. LEWIS, Herman W., Ph.D., Division of Bio- logical and Medical Sciences, National Sci- ence Foundation. NIGHTINGALE, Elena O., Ph.D., Assembly of Life Sciences, National Academy of Sciences. SHEPHERD, George R., Ph.D., Division of Bio- medical and Environmental Research, En- ergy Research and Development Adminis- tration. APPENDIX A TO APPENDIX D STATEMENT ON THE USE OF BACILLUS SUBTILIS IN RECOMBINANT MOLECULE TECHNOLOGY Unquestionably, Escherichia colt 1s the most well characterized unicellular organism. Years of basic research have enabled investi- gators to develop a well characterized genetic map, to obtain detailed knowledge of viru- lent and temperate bacteriophages, and to explore the physiology, genetics, and regula- tion of plasmids. More recently, the develop- ment of DNA-mediated transformation has permitted exogenous fragments or molecules of DNA to be incorporated into the genome or to reside as self-replicating units. The dis- covery of transformation of Bacillus subtilis by Spizizen (1) stimulated the development of an alternative model system. The purpose of this report is to summarize the current status of this genetic system and to describe the actual and potential vectors and vehicles available for recombinant molecule technol- ogy. A. Current knowledge of the chromosomal architecture and mechanisms of genetic ex- change in B. subtilis. Two mechanisms of genetic exchange have been utilized to estab- lish the Linkage map of B, subtilis, DNA- mediated transformation (capable of trans- ferring approximately 1 percent of the gen- ome) and transduction with bacteriophage PBSI (capable of transferring 5-8 percent of the chromosome). Recent detailed genetic studies with PBSI by Lepesant-Kejzlorova et al. (2) have resulted in the development of a circular genetic map for this organism. The current edition of the map (3) contains 196 loci. Biophysical analyses have estab- lished that the chromosome is circular (4) and replicates bidirectionally (5). Transformation with purified fragments of DNA is a highly efficient process in B. subtilis with frequencies of 1 to 4 percent usually attained for any auxotrophic or antibiotic resistance markers. Frequencies of approxt- mately 10 percent transformation can be achieved with DNA prepared from gently lysed L-forms or protoplasts (6). These large fragments of DNA are readily incorporated by the recipient cell. Generalized transduc- ~ NOTICES tion occurs with bacteriophages SP10 (7), PBS1 (8), and SPP1 (9), while a low fre- quency of specialized transduction has been reported with bacteriophage ¢105 (10). Although transformation its most efficient in homologous crosses (B. subtilis into B. subtilis), it has also been possible to ex- change DNA among closely related species (11). The most extensively studied members of the B. subtilis genospecies include B. lichenijormis, B. pumilus, B. amylolique- faciens, and B. globigti (refer to reference 12 for a review and references 13-15 for exam- ples of this heterologous exchange). This ex- change occurs even though there is a sur- prisingly wide discrepancy between DNA-— DNA hybridization among these organisms (16). Even though the frequency of trans- formation is low in the heterologous cross [e.g., B. amyloliquefaciens (donor)/B sub- tilis (recipient)], the newly acquired DNA from B. amyloliquefaciens in the B. subtilis packground can be readily transferred at high efficiencies to other recipient strains of B. subtilis (14). Therefore, the extremely high frequency of transformation permits the recognition and selection of rare events. B. Current and potential vectors for re- combinant molecule experiments. Lovett and coworkers have recently described crypti plasmids in B. pumilus (17) and B,. subtilis (18). Of these organisms, B. subtilis ATCC 7003 appears to be the most useful since it earries one to two copies of a plasmid with @ molecular weight of 46 x 10°. This strain is also closely related to B. subtilis 168. An- other strain of B. subtilis (ATCC 15841) con- tains 16 copies of a plasmid with a molecular weight of 4.6 x 10%. Currently it is not known whether genetic markers can be readily in- troduced into these plasmids. To date it has not been possible to readily stabilize plas- mids derived from B. pumilus in B. subtilis even with heavy selective pressure (P. Lovett, personal communication). Two temperate bacteriophages are under development as vectors in B. subtilis, ¢3T and SPO2, Lysogeny of thymine auxotrophs (strains carrying thyA thyB) by bacterio- phage $3T results tn “conversion” to a Thy+ phenotype. The attachment site for this bacteriophage and the bacteriophage gene for thymidylate synthetase (thyP) map be- tween the bacterial thyA and thyB loci in the terminal region of the chromosome of B, subtilis (19).’The viral genome is readily cleaved by the site-specific endonuclease, . Bam 1 (20), to produce & fragments (one of which carries the thyP gene). The thyP carrying gene can be integrated into the bacterial genome in the absence of the intact viral genome. Because deletions are available that include the tiyP region, it is theoreti- cally possible to introduce thyP at many sites on the chromosome. The thyP gene can be readily purified for insertion into Plasmids or utilized as a scaffold to integrate other heterologous DNA into the chromo- some of B. subtilis. Alternatively, it is pos- sible to purify fragments of the chromosome by gel electrophoresis (21, 22), for insertion into bacteriophage #8T or SPO2. At present, unfortunately, only the former carries a selective marker, 1.e., the gene for thymidyi- ate synthetase, thyP. C. Development of vehicles. B. subtilis 1s a Gram-positive sporulating rod that usually inhabits soil. Although it can exist on cutaneous surfaces of man (23) and experi- mental animals, it rarely produces disease. To develop a suitable vehicle it is imperative to have @ host that is asporogenic. The most appropriate deletion mutation is deletion 29 (cit D). In addition to a deficiency in sporulation this mutant rapidly lyses when it has reached the end of its growth cycle. Presumably this is due to the failure to inactivate one of the autolytic enzymes (24). 88461 Through the introduction of a D-alanine requirement (34 ug/ml) it is possible to block transport of compounds that are transported by active transport (25,26). The further introduction of thymine auwxotrophy (defects in the thyA thyB loci) will enable the strain to survive only with a plasmid vector carrying the purified thyP gene from bacteriophage $3T or a defective bacterio- phage #3T carrying the thyP gene but at- tached to the chromosome at an alternative site (due to the presence of deletion 29 in the host). We have recently isolated tem- perature-sensitive thyP mutants. If we can isolate a temperature-dependent lysogen that will grow only at 48°C it should be possible to make an unusual vehicle. D. Site-specific endonucleases. Recently two restriction modification systems have been observed between B. subtilis 168 and other bacilli. Trautner et al. have isolated an effective system that inhibits infection of the R strain of B. subtilis by bacteriophage SPPI propagated on B. subtilis 168 (27). The site-specific nuclease recognizes the sequence GGCC. CCGG . Young, Radnay, and Wilson observed a restriction modificaiton system between B. amyloliquefaciens and B. subtilis 168 (28). The endonuclease from B. amyloliquefaciens (20) recognizes the sequence GGTAC (29). CCTAGG More recently, two additional enzymes have been isolated from B. globigii (30). The recog- nition sequence is not known, E. Advantages and liabilities of the B. sub- tilis system—a. Advantages. 1. B. subtilis ts nonpathogenic. Asporogenic deletion mu- tants are available to preclude the problem of persistence through sporulation. 2. The circular chromosomal map is well defined. At least 196 loci have been posi- tioned. 3. The organism is commercially important in the fermentation industry. 4. Large numbers of organisms can be dis- posed of readily with minimal environmental impact. 5. Unlike E. co/i, it lacks endotoxin in the cell wall. Therefore the cells can be used as @ single cell protein source. 6. The frequency of transformation is very high, facilitating the detection of rare events. 7. A unique bacteriophage, 43T, exists that carries a gene that can be readily purified for “scaffolding” experiments. b. Disadvantages. 1. The Enowledge of genetics and physiology of plasmids and viruses 1s primitive compared with £. colt. 2. High-frequency, specialized transduc- tion is not available as a means of gene enrichment. Based on its promise, it seems appropriate, and not chauvinistic, to urge development of this system, Prepared by: Dr. Frank Young, University of Rochester. REFERENCES 1. Spizizen, J. 1958. Transformation of bio- chemically deficient strains of Bacillus sub- tilis by deoxyribonucleate. Proc. Nat. Acad. Sci. U.S.A. 44:1072-1078. 2. Lepesant-Kejzlarova, J., J. A. Lepesant, J. Walle, A. Billault, and R. Dedonder. 1975. Revision of the linkage map of Bacillus sub- tilis 168: indications for circularity of the chromosome. J. Bacteriol. 121:823-834. 3. Young, F. E. and G@ A. Wilson. 19°78. Chromosomal map of Bacillus subtilis p- 596-614. In P, Gerhardt, R. N. Costilow, and H. L. Sadoff (ed.), Spores VI. American So- slety for Microbiology, Washington, D.C. 4. Wake, R. G. 1974. Termination of Ba- etlius subtilis chromosome replication as “FEDERAL REGISTER, VOL. 41, NO. 176—-THURSDAY, SEPTEMBER 9, 1976 38462 visualized by autoradiography. J. Mo). Biol. 86 5223-231. 5. Harford, N. 1975. Bidirectional chromo- some replication in Bacillus subtilis. J. Bac- teriol. 121:835-847. 6. Bettinger, G. E. and F. E. Young. 1975. Transformation of Bacillus subtilis: Trans- forming ability of deoxyribonucleic acid in lysates of L-forms or protoplasts. J. Bacter- iol. 122:987-993. 7. Thorne, C. B. 1962, Transduction in Bacillus subtilis. J, Bacteriol. 83:106-111. 8. Takahashi, I. 1961. Genetic transduc- tion in Bacillus subtilis. Blochem. Biophys. Res, Commun. 5:171-175. 9. Yasbin, R. E. and F. E. Young. 1974. Transduction in Bacillus subtilis by bac- teriophage SPPI. J. Virol. 14: 1343-1348. 10. Shapiro, J. A., D. H. Dean and H. O. Halvorson. 1974. Low-frequency specialized transduction with Bacillus subtilis bacterio- phage $105. Virology 62:393-403. 11. Marmur, J., E. Seaman, and J. Levine. 1963, Interspecific transformation in Bacil- lus. J. Bacteriol. 85:461-467,. 12, Young, F. E. and G. A. Wilson. 1972, Genetics of Bacillus subtilis and other gram-positive sporulating bacilli, p. 77-106. in H. O. Halvorson, R. Hanson, and L. L. Campbell (ed.), Spores V. American Society for Microbiology, Washington, D.C. 13. Chilton, M. D., and B. J. McCarthy. 1969. Genetic and base sequence homologies in bacilli. Genetics 62:697-710. 14. Wilson, G. A. and FP. E. Young. 1972. Intergenotic transformation of the Bacillus subtilis genospecies. J. Bacteriol. 111:705- 716. 15. Yamaguchi, K., Y. Nagata, and B. Maruo, 1974. Genetic control of the rate of an amylase synthesis in Bacillus subtilis. J. Bacteriol. 119:410-415. 16. Lovett, P. S., and F. E. Young. 1969. Identification of Bacillus subtilis NRRL B- 3275 as a strain of Bacillus pumilus. J. Bac- teriol. 100:658-661. 17. Lovett, P. S, and M. G. Bramuccl. 1975, Plasmid deoxyribonucleic acid in Bacillus subtilis and Bacillus pumilus. J. Bacteriol. 124:484-490, 18. Lovett, P. S. 1973. Plasmid in B. pumi- qus and the enhanced sporulation of plasmid negative variants. J. Bactertol. 115:291-298. 19. Young, F. E., M. T. Williams, and G. A. Wilson. Genetics of Bacilius subtilis. In D. Schlessinger (ed.) Microblology 1976, in press. 20. Wilson, G. Isolation of a A. and F. EB. Young. 1975. sSequence-specific endonu- clease (Bam 1) from Bacillus amyiolique- jaciens H. J. Mol, Biol. 97:123-125. 21. Brown, L. Recombination analysis with purified endonuclease fragments in the RNA polymerase region of Bacillus subtilis. In D. Schlessinger (ed.), Microbiology 1976, in press, 22. Harris-Warrick, R. M., Y, Elkana, 8S. D. Ehriich, and J. Lederberg. 1975. Electro- phoretic separation of Bucillus subtilis genes. Proc. Nat. Acad. Sel. U.S.A. 72:2207- 2211. 23. Kloos, W. F., and M. 8. Musselwhite. 1975. Distribution and persistence of Sta- phylococcus and Micrococcus species and other aerobic bacteria on human skin. Ap- plied Micro. 30:381-395. 24, Brown, W. C., and F. EB. Young. 1970. Dynamic interactions between cell wall polymers, extracellular proteases and auto- lytic enzymes. Biochem. Biophys. Res, Commun. 33:564-568. 25, Clark, V. L, and FP. BE. Young. 1974. Active transport of D-alanine and related amino acids by whole cells of Bacillus sub- tis. J. Bacteriol. 120:1085-1092, 26. Clark, V. L. and FP. E. Young. Active transport in celia of B. subtilis 168: Loss of NOTICES endogenously energized transport in auxoe- trophs deprived of D-alanine or glycerol. Submitted to J. Bacteriol. 27. Trautner, T. A., B. Pawlek, S. Bron, and C, Anagnostopoulos. 1974. Restriction and modification in B. subtilis: biologic as- pects. Mol. Gen, Genet. 131:181-191. 28. Young, F. E., E. Radnay, and @. A Wilson. Manuscript in preparation. 29. Wilson, G. A. and F. E. Young. Unpub- Ushed data. 380. Wilson, G. A., R. Roberts, and F. E. Young. Unpublished data. 31, Wilson, G. A. and F. E. Young. Re- striction and modification in bacilli. In D. Schlessinger (ed.), Microbiology 1976, iu press. APPENDIX B TO APPENDIX D POLYOMA AND SV40 VIRUS Polyoma virus is a virus of mice, and in- fection of wild mouse populations is a com- mon events, for the virus has often been isolated from a high proportion of healthy adult animals, both wild and laboratory bred, of many colonies (Gross, L., Proc. Soc, Exp. Biol. 88, 362-368, 1955; Rowe, W. P. Bact. Rev. 25, 18-31, 1961). As far as is known the virus almost never causes a disease in these animals. However, when large quanti- ties of the virus are inoculated into newborn or suckling mice or hamsters, a variety of solid tumors is induced (Gross, L., Oncogenic Viruses, Second Edition, Pergamon Press, NY). Polyoma virus grows lytically in mouse cells in tissue culture. Thus mouse celis in eulture are probably transformed only by virus particles that contain certain kinds of defective geonmes. Cells of other rodent spe- cies, however, can be transformed by poly- oma virus particles that contain complete genomes (Folk, W., J. Virol., 11, 424-431, 1973). The virus does not replicate to a significant extent in human cells in tissue culture (Eddy, B.E., Virol. Monogr., 7, 1-114, 1969; Pollack, R. E., Salas, J., Wang R. Ku- sano T., and Green, H., J. Cell Physiol. 77, 117-120, 1971). The resistance of the cells seems to be a consequence of the failure of the virus to absorb or uncoat. However even when naked viral DNA is introduced into the cells only an abortive cycle of replication en- sues; early viral proteins are made, there is induction of cellular DNA synthesis, but no expression of late viral proteins is de- tectable (Gruen, R. Grassmann, M. and Grassmann, A. Virology, 58, 290-293, 1974). There is no evidence that polyoma virus can infect humans (Hartley, J., Huebner, R., Parker, J. and Rowe, W. P., unpublished data). Thus no antibodies to the virus have been detected in people living in buildings that are infested with virus-infected mice, nor in faboratory workers who have been ex- posed to the virus for a number of years. At most, a small segment of polyoma virus DNA shows weak homology with a portion of the late region of SV40 DNA (Ferguson, J. and Davis, R. W., J. Mol. Biol., 94, 135-150, 1975). However, there appears to be no genetic interaction between the two viruses and there is no immunological cross-reaction between the gene products of the two viruses. SV40 causes perisitent but apparently harmiess infections of the kidneys of vir- tually all adult rhesus monkeys (Hsiung, G. D., Bact. Revs. 32, 185-205, 1968), it causes tumors when injected into newborn ham- sters (Girardi, A. J., Sweet, B. H., Slotnick, Vv. B. and Hillemann, M. R., Proc. Soc. Exp. Biol. Med., 105, 420-427, 1964) and trans- forms cells of several mammalian species (including human). SV40 ts able to infect humans since antibodies to the virus are found in a small proportion of the human population (Shah, E. V., Goverdhan, M. K. and Ozer, H. l., Am. J. Epid. 93, 291-298, 1976} and serum conversions have been noted in many laboratory personnel who have been exposed to the virus (Horvath, L. B., Acta Microbiol. Acta Sci. Hung. 12, 201-206, 1965). isolations of SV40 have been reported from humans, twice from patients suffering from the rare demyelinating disease, progressive multifocal leukoencephalopathy (Weiner, L., Herndon, R., Narayon, O., Johnson, R. T, Shah, K., Rubinstein L. G. Prezozisi T. J. and Conley, F. K., New England J. Med 286, 385- 390, 1972) and apparently from a tumor of a person with metastatic melanoma (Sorianc, F., Shelburne, C, E. and Gokcen, M., Nature. 249, 421-424, 1974). In other studies a non- structural antigen characteristic of papova- viruses, T antigen, has been detected in the nuciei of cells cultured from 2 meningiomas. while another SV40-specific antigen, U antigen, has been found in the cells of a third tumor of the same type (Weiss, A. F.. Portman, R., Fisher, H., Simon, J. and Zang, K. D., Proc, Nat. Acad, Sci, USA 72, 609-613. 1975}. Purthermore new papovaviruses have heen isolated from the brains of patients with PML (JC virus-Padgett, B. L., Walker, D. L.. zuRhein, G. M., Eckroade, R. I. and Desse}. B. H., Lancet 1, 1257-1260, 1971), from the urine of a patient carrying a renal allograit (BK virus-Gardner, S, D., Field, A. M., Cole- man, D. V. and Hulme, B. Lancet 1, 1253-1257, 1971) and from a reticulum cell sarcoma and the urine of patients with the sex-linked recessive disorder, Wiskott-Aldrich syndrome (Takemoto, K, K., Rabson, A. S., Mullarkey, M. F., Blaese, R. M. Garon, C. F. and Nelson. D. J., Nat. Cancer Inst., 53, 1205-1207, 1974) AN of these viruses which are distributed widely throughout human populations share antigenic and biological properties with &V 40; the virus particles are identical in size and architecture (Madeley, C. R., In Virus Morphology, Churchill-Livingstone, London. 134-135, 1972); the non-structural intrace!- lular T antigen, which appears to be coded by the A gene of SV40 cross reacts extensively with antigens found in cells infected ct transformed by BK or JC viruses: both Ic and BK viruses induce tumors in newborn hamsters (Walter, D. L., Padgett, B. L., Zu- Rhein, B. M., Albert, A. E. and Marsh, R. F.. Science 181. 674-676, 1978: Shah, K. V., Daniel, R. W. and Strandberg, J., J. Nat, Can- cer Inst. 54, 945-950, 1975); BK virus causes transformation of hamster cells in culture (Major, E. D., and DiMayorca, G., Proc. Nat. Acad. Sel. US 70, 3210-3212, 1973: Portolani, M., Barbanti, A., Brodano, G. and LaPlaca., M.J., Virol, 15, 420-422, 1975) and ig able to complement the growth of certain tempera- ture-sensitive mutants of SV40 (Mason, D. H and Takemoto, K, K., submitted for publica- tion). FURTHER WORK At present, a potential eukaryotic vecvor of choice is polyoma virus. And while avail- able information indicates that it fulfils aH the necessary criteria, we recommend that the following subjects be further in- vestigated: 1. The molecular mechanism of resistance of human celis to the virus. 2. The extent of homology between poly- oma virus DNA and the DNAs of human papovaviruses. 3. The ability of human papovaviruses ta complement defective polyoma virne genomes. Report of a Working Group Consisting of: Dr. Bernard Fields, Harvard University School of Medicine. Dr. Thomas J. Eelly, Jr., Johns Hopkins University School of Medicine. Dr. Andrew Lewis, National Institute of Aij- lergy and Infectious Diseases. Dr. Malcolm Martin, National Institute of FEDERAL REGISTER, VOL. 41, NO. 176-—--THURSDAY, SEPTEMBER 9. 1976 Allergy and Infectious Diseases. Dr. Robert Martin, National Institute of Arthritis, Metabolism,.and Digestive Dis- eases. Dr. Elmer Pfefferkorn, Dartmouth Medical School. Dr. Wallace P. Rowe, National Institute of Allergy and Infectious Diseases. Dr. Aaron Shatkin, Roche Institute of Molecular Biology. Dr. Maxine Singer, National Cancer Insti- tute. Rapporteur: Dr. Joe Sambrook, Cold Spring Harbor Laboratory. APPENDIX C TO APPENDIX D SUMMARY OF THE WORKSHOP ON THE DESIGN AND TESTING OF SAFER PROKARYOTIC VEHICLES AND BACTERIAL HOSTS FOR RESEARCH ON RE~ COMBINANT DNA MOLECULES Torrey Pines Inn, La Jolla, California The development of techniques for the cloning of DNA from both prokaryotic and eukaryotic organisms in bacteria has had great impact on research in biology and medicine and promises extraordinary social benefits. The biohazards involved in the use of this technology in many instances are very difficult to assess. For this reason codes of practice are being formulated in the United States and other countries for the conduct of those experiments that present @ potential biohazard. One of the require- ments for conducting certain cloning experi- ments is the use of safer vector (bacterio- phage or plasmid) -host systems, i.e., vector- bacterium systems that have restricted ca- pacity to survive outside of controlled condi- tions in the laboratory. Approximately sixty scientists from the United States and several foreign countries participated in a workshop on the Design and Testing of Safer Prokaryo- tic Vehicles and Bacterial Hosts for Research on Recombinant DNA Molecules at La Jolla, California, on December 1 to 3, 1975. The workshop was sponsored by the Research Resources Branch of the National Institute of Allergy and Infectious Diseases. The pur- poses of the meeting were the exchange of recent data on the development of safer prokaryotic host-vector systems, devising methods of testing the level of containment provided by these systems and exploring the various directions that future research should take in the construction of safer bacterial systems for the cloning of foreign DNA. The first session of the workshop, chaired by W. Szybalski (University of Wisconsin), was devoted to bacterlophage vectors. Szy- balski outlined the main safety features of the two-component, phage-bacterlal system, in which the host bacteria offer the safety feature of not carrying the cloned DNA, and the phage vectors cannot be propagated in the absence of an appropriate host. There are two primary escape routes for the clones of foreign DNA carried by the phage vector: (1) Establishment of a stable prophage or plasmid in the laboratory host used for phage propagation, and subsequent escape of this self replicating lysogen or carrier system, and (2) escape of the phage vector which carries the cloned DNA and its subsequent produc- tive encounter with a suitable host in the natural environment. The general consensus was that to ensure safety, both routes should be blocked by appropriate genetic modifica- tions. For phage i, route (1) can be blocked by phage mutations that interfere with lyso- genization (att-, int-, cI-, cIII-, vir) and plasmid formation (Nt, ninR, vS, rie, cl7; Ots, crots), and by mutations on the Escheri- chia coli host that affect these processes (attB-, dncAts) and host survival. Route (2), (which is of low probability since \ phages do not survive well in natural environments (no AcI phage was recovered after ingestion of 10*-10" particles), are killed by desicea- NOTICES tion, and have a low chance to encounter a naturally sensitive host) can be blocked further by the following phage modifications: (a) Mutations which result in extreme insta- bility of the infectious phage particles under all conditions other than those specially de- signed for phage propagation in the labora- tory (e.g., high concentrations of putrescine or some other compound), or (b) employing phage vectors in which the tail genes are deleted and which permit propagation of only the DNA-packed heads; only under lab- oratory conditions could such heads be made transiently infectious by rejoining them with separately prepared tails. The high in- stability of the phage would minimize the possibility of transfer of the cloned genes into receptive bacteria found in nature. Moreover, the propagation of the phage can be blocked by many conditional mutations, which would be designed to block any sec- ondary route of escape, mainly depending on transfer of the cloned DNA into another phage or bacterial host. It was recommended further that the vector be designed in such @ manner as to permit easy insertion and monitoring of the foreign DNA and rapid assay of the safety features and give a high yield of cloned DNA (not less than 104 mole- cules per ml). There also was general agree- Ment that host-phage systems other than E, coli should be considered, especially those restricted to very rare and unusual environ- ments. Also, plasmids derived from phage vectors and which give very high DNA yields while exhibiting safety features, e.g., \dvcrots, should be considered as vehicles for cloned DNA. Szybalski and S. Brenner (Cambridge Unl- versity) stressed that research on recombi- nant DNA molecules may lend itself to very simple and inexpensive mechanical con- tainment, eg. a small sealed glove box, since all the vectors that carry such re- combinant molecules possibly can be both created and destroyed in such a box, while development of special methods might per- mit study of many properties of the recom- binant DNA, without ever removing it from the box. These safety features were reflected in the subsequent presentations. F. Blattner and W. ‘Williams (Universiy of Wisconsin) described four specially constructed \-¢80 phages which incorporate many of these safety features, and which they named Charon phages, for the mythical boatman of the river Styx. Some of these highly con- tained phages give yields of over 10" parti- cles/ml. R. Davis, J. Cameron and K. Struhl (Stanford University) found that \ phages that carry foreign DNA never grow as well as the parental vector, which would select against their survival in nature. They also reported that some eukaryotic genes could be expressed in £. coli, partially compensat- ing for deficiencies in the histidine pathway or in polA or lig functions. These investi- gators surveyed over 1000 strains of E. coli isolated in the natural environment and did not find a single strain that could sup- port propagation of the dvir vector. V. Bode (Kansas State University) dis- cussed the possibility of growing tail-free 4 heads. Such heads, which are packed with DNA, are very fragile, unless stored in 0.1 M putrescine buffer. Head yields close to 10"/ml could easily be attained and, when required, heads could be quantitatively rejoined with separately supplied tails under special lab- oratory conditions. W. Arber, D, Scandella and J. Elliott (University of Basel) described bacterial host mutants that permit efficient infection only by phages with a full com- plement of DNA. This permits selecting for vectors that carry long fragments of foreign DNA. K. Matsubara, T. Mukai and Y. Takagi (University of Osaka and Kyushu Univer- 38468 sity), and G. Hobom and P. Phillippsen (University of Freiburg and Stanford Univer- sity) described various defective i plasmids (Adv) that could be used as efficient vectors. Matsubara has shown that temperature- sensitive cro mutations permit obtaining be- tween 1000 and 3000 cloned molecules per cell and at the same time result in killing of the carrier cells at body temperature. The mutations Ots and Pts were also evaluated as safety features. Phillippsen described many new Adv plasmids created by cutting A DNA with HindIII and BamlI restriction endonucleases followed by ligation. The final talk by F. Young, G. Wilson and M. Williams (University of Rochester) summarized the progress on the development of safer Bacillus subtilis host mutants and phages, especially ¢3, as vectors. New restriction nucleases, Bgl-1 and Bgl-2, were also de- scribed. The morning session on bacteriophage vectors was followed by a session on plasmid vectors that was chaired by D. Helinski (Uni- versity of California, San Diego). Helinski presented the following properties as highly desirable characteristics of a safer plasmid vehicle: (a) Non-conjugative; (b) non- mobilizable or poorly mobilizable by a con- Jugative plasmid; (c) possesses little or no extraneous genetic information; (d)} poorly recombines or does not recombine with the chromosome of the host cell; (e) provides no selective advantage to the host cell or the selective property is conditional; and (f) possesses mutations that restrict its mainte- nance to a specific host, prevent replication at mammalian body temperature and/or provide with the capability of killing any cell to which it might be transmitted other than the host cell. V. Hershfield (University of California, San Diego) described the prop- erties of a variety of derivatives of the ColE1 derivatives, ColEl-trp, constructed in col- laboration with C. Yanofsky and N. Franklin (Stanford University) provides the means to use the tryptophan genes of E. coli as a se- lective marker in transformation with re- combinant DNA in situations where it is de- sirable to avoid antibiotic resistance genes. In addition, Hershfield described collabora- tive work with H. Boyer that resulted in the development of a mini-ColE1 plasmid and derivatives of this plasmid (mini-ColE1-kan and mini-ColEl-irp) as cloning vehicles. Finally, she described the temperature-sensi- tivity properties of trp and kan derivatives of a temperature-sensitive replication mu- tant of ColE1 isolated by J. Collins (Molecu- lar Biology Institute, Stockhelm) and hybrid ‘ ColE1 plasmids carrying the EcoRI generated Cts fragment of bacteriophage \-trp61. J. Carbon (University of California, Santa Barbara) described a replica plating method that greatly facilitates the detection of E. coli clones bearing ColE1l plasmids. The proce- dure, which utilizes the F, plasmid to pro- mote the transfer of a hybrid ColEl plasmid to @ suitable auxotrophic recipient, was suc- cessful in identifying clones bearing hybrid Plasmids carrying a number of different re- gions of the £. coli chromosome. The con- tributions of A. J. Clark and collaborators (University of California, Berkeley) were rel- evant to the problem of the mobilization and subsequent transfer of non-conjugative plasmids carrying foreign DNA of a poten- tially hazardous nature. Clark described the variations in transmission frequencies be- tween the nonconjugative plasmids pSc10t, PML31, pSC138 and a number of pSC101 hy- brids containing various EcoRI fragments of F when the conjugal transfer of these plasmids was promoted by several different conjugative plasmids. I. C. Gunsalus and collaborators (Univer- sity of Iilinols) and A. Chakrabarty (General Electric Research and Development Center) FEDERAL REGISTER, VOL. 41, NO. 176-—-THURSDAY, SEPTEMBER 9, 1976 38164 described the properties of a variety of plas- mids isolated from Pseudomonas putida. These contributions were followed by a dis~ eussion on the merits of developing plasmid- host systems involving Pseudomonas strains that naturally exhibit unusual growth re- quirements. Similar studies with plasmids isolated from Bacillus megaterium by EB. Carlton (University of Georgia) from B. sub- tilis by P. Lovett (University of Maryland) and other naturally occurring Bacillus species by W. Goebel and K. Bernhard {Microbiology Institute, Wurzburg) were dis- cussed and their further development as plasmid-host cloning systems was explored. It was clear from these presentations that considerable progress has meen made re- cently in the identification and characteriza- tion of a variety of plasmid elements that oc- cur naturally in Pseudomonas and Bacillus species, Several of the plasmids described show considerable promise as plasmid cloning systems involving a host other than E. coli. A third session on the ecology and epi- demiology of vector-host systems was chaired by S. Falkow (University of Washington). This workshop emerged, in part, from ex- pressed fears that microorganisms contain- ing cloned fragments of foreign DNA may potentially pose a threat to health or dis- rupt the normal ecological chain in some manner. Consequently, this session was de- voted to a review of currently available in- formation on the ecology and epidemiology of E. colt and related bacterial species since it was recognized that Z. coli K-12 would be the prokaryotic host most commonly em- ployed in the cloning of DNA molecules in the immediate future. F. @rskov (Escherichia Reference Center, Copenhagen) reviewed the state of E. coli serotyping and what has been learned about the distribution of E. coli types in health and disease. Only certain E. coli types are generally recognized as good colo- nizers of the human gut and such strains come from a handful of the 160 well defined O (Hpopolysaccharide) antigen types and in~ variably possess EK (acidic polysaccharide capsule) antigens. Some serotypes apparently have become disseminated worldwide and possibly represent the proliferation of a bac- terial clone because of, as yet unknown, selective pressures. In contrast, E. coli K-12 has no detectable O or K antigens and is considered to be rough. This may account, at least in part, for its demonstrate poor ability to colonize the human or animal gut. However, R. Freter (University of Michigan) pointed out that we still remain largely ignorant of the factors which control in- testinal FE. coli populations. Freter also noted that while adherence to the mucosal surface of the small intestine is important in the pathogenesis of FE. coli diarrheal disease, the ‘normal’ long-lasting symbiotic relationship between a mammalian host and bacterium js established in the cecum and colon. It jis in these locations that factors come into play to determine whether an E£. coli strain passing through the intestine will become success- fully implanted or whether it will be quickly eliminated in the feces. The factors control- ling implantation include competition for substrates, inhibitors and the physiological state of the organism when it reaches the large bowel. For example, ingested E. coli previously grown under usual laboratory conditions fare poorly while cells of the same strain ‘pre-adapted’ in Eh, pH, etec., often colonize well. Freter has developed a con- tinuous flow culture model which may be useful in studying the mechanisms of im- plantation. Falkow reviewed the pathogenic- ity of E. coli. B. coli causes diarrheal disease either by direct tnvasion of the bowel epi- thelium or by elaboration of enterotoxin(s). While invasive E. coli appear to owe their pathogenicity to a constellation of at least NOTICES five unlinked chromosomal gene clusters, toxigenic E. coli species generally owe their pathogenicity to the possession of two species, Ent and K. The introduction of Ent and K plasmids may be sufficient to convert @ normal wild-type E. coli into a strain now capable of causing overt clinical disease. However, the introduction of these plasmids into E. coli K-12 sublines had no discernible effect on their ablity to cause disease, al- though the K-12 strains could now better colonize calves. Despite the observation that E, coli K-12 did not appear to offer a signifi- eant hazard as a potential enteric pathogen even when it possessed well-defined deter- Tainants of pathogenicity it was emphasized by @rskov, Freter and Falkow that E. coli K-12 strains carrying recombinant DNA molecules could still act as effective genetic donors in vivo and still posed a significant problem requiring control. E. Geldreich (U.S. Environmental Protection Agency, Cincin- nati, Ohio) discussed the possible outcomes of the release of EF. coli containing recom- binant DNA molecules into the aquatic en- vironment and concluded that total reliance cannot be placed. on sewage treatment and the natural self-purification capacity of re- ceiving waters to limit potential hazards. While these are realistic barriers to the dis- semination Of E. coli and associated fecal organisms via the water route, they are not infallible because of technological Hmita- tions, improper operational practices and system overloading. Finally, M. Starr (Uni- versity of California, Davis) described the numerous genera of gram-negative bacteria found naturally occurring in the soil and on plants. He stated. that most of these orga- nisms do not appear to be a reasonable alter- native to EF. coli K-12 as a host for recom- binant DNA molecules. Indeed, Starr pointed out that since such genera as Erwinia, Rhiz-~ obium and Agrobacterium are known to con- jJugate with £. coli, the potential dissemina- tion of recombinant DNA molecule includes a greater spectrum of microorganisms than just enteric species. The fourth session of the workshop, chaired by R. Curtiss III (University of Ala- bama), was concerned with the construction of safer bacterial hosts for DNA cloning. The goals in constructing safer host strains enu- merated at the beginning of the session in- cluded introduction of mutations that would: (a) Preclude colonization in normal ecological niches; (b) preclude cell wall bio- synthesis except in specially defined media; (c) cause degradation of genetic information in normal ecological niches; (d) cause vec- tors to be host-dependent; (e) minimize transmission of recombinant DNA to other strains in normal ecological niches; (f) in- crease usefulness for recombinant DNA molecule research; and (g) permit moni- toring. Most of the progress in developing safer hosts has been achieved with £. coli K-12, although F. Young described a B. subtilis strain with a deletion for sporulation genes which readily undergoes autolysis. The strain also has defects in genes for purine and TTP biosynthesis and a mutation con- ferring a D-alanine requirement can be in- troduced to cause cell wall biosynthesis to be defective. This strain may be defective in transformation, however, and therefore might useful only with a phage vector which has yet to be developed and/or dis- covered. A. I. Bukhari (Cold Spring Harbor Labora- tory) described the use of the dapD8 muta- tion in £. coli K-12 to block cell wall bio- synthesis and another non-reverting muta- tion which causes sensitivity to bile salts and detergents, The dapD8 allele is the most stable dap point mutation known, although it does revert at frequencies of 10-3 to 10-*. The mutation conferring bile salts sensivity was obtained after Mu-1 infection of an Hir strain and, although exhibiting the theoret- ically useful properties of ease of DNA isola- tion and inability to survive in the intestinal tract, might be due to Mu insertion which would compromise its use for safe strain construction, Curtiss reported on the work performed by him and his coworkers in constructing and testing numerous sirains with different mu- tations, Survival of strains in vivo was tested by feeding rats 10" cells in milk by stomach tube. Apur mutations did not reduce strain titers in feces whereas AthyA,; AthyA drm; and AthyA dra mutations gave 10?-fold, 10?- fold and 10'-fold reductions, respectively, in strain titers in feces. Strains with AthyA rautations also exhibited thymineless death in in vitro tests. Since strains with dapDs allele can revert to Dap’, strains were con- structed with both dupD8 and AbioH-asd mutations. These strains have not been ob- served to revert to Dap* but can survive passage through the rat intestine and in growth media lacking diaminopimelic acid but containing NaCl and 0.5% usable car- bon sources. This survival was due to the production of the mucopolysaccharide, col- anic acid, which permits many of the cells to grow and survive as spheroplasts. A Agal- cht" mutation (also deletes att, bio and uvrB genes) was introduced which blocks colanic acid biosynthesis and leads to no de- tectable survivors in media lacking diamino- pimelic acid or following passage through the rat intestine. The dapD8 AbioH-asd Agal- cht strains are more readily lysed, trans- form at higher frequencies and are conju- gation-defective in matings with donors possessing conjugative plasmids in the P, W and O incompatability groups but Con’ as recipients for F, I and T group plasmids when compared to the dap* gal+ parent strain. Strains with endéA muta- tions were also observed to exhibit in- creased transformation frequencies. Attempts to introduce temperature-sensitive polA alleles- into strains to block replication of ColE] cloning vectors at elevated temper- atures and to cause DNA degradation at ele- vated temperatures in the presence of recA and Athy alleles often do not have the same properties in the constructed strains as in the strains in which the allele was original- ly induced, Many mutations causing a Con- phenotype have been investigated, but many of these revert and/or do not exhibit a Con-~ phenotype in matings with donors possess- ing conjugative plasmids of the incompati- bility groups commonly found in enteric microorganisms. Some Con- mutants exhibit increased sensitivity to bile salts; thus, the mutant described by Bukhari may also ex- hibit a Con- phenotype. All of the strains constructed by the Curtiss group are SulI+ and most have mutations abolishing restric- tion alone or both restriction and modifica- tion, Thus, sufficient information is now known to construct a usable safer E. coli K-12 host. Curtiss and collaborators are now introducing AthyA and dna mutations inte their dapD8& AbioH-asd Agal-chl'-uvrB nAsr nalA* (for ease in monitoring) Su \* #80" strain to accomplish this objective. The final session involved a general dis- cussion of some of the major points raised * previously in the workshop. There was gen- eral agreement at this session that both plasmid-host and phage-host systems have been developed that should meet the criteria of an EK2 system specified by the National Institutes of Health guidelines for research on recombinant DNA molecules. Additional testing is required to confirm the EK2 prop- erties of these available systems, but it is anticipated that these vector-host systems will meet these tests. FEDERAL REGISTER, VOL. 417, NO. 176—THURSDAY, SEPTEMBER 9, 1976 Dr. Donald R. Helinski, University of Cali- fornia, San Diego. Dr. Stanley Falkow, University of Washing- ton. Dr. Roy Curtiss IIT, University of Alabama. Dr. Waclaw Szybalski, University of Wiscon- sin, APPENDIX D TO APPENDIX D SUPPLEMENTARY INFORMATION ON PHYSICAL CONTAINMENT CONTENTS I. Biological safety cabinets. Table I. II. Universal biohazard warning symbol. III. Laboratory techniques for biohazard control. . Pipetting. . Syringes and needles. . Opening culture plates, tubes, bot- tles, and ampoules. . Centrifuging. . High-speed centrifuges. . Blenders, ultrasonic disintegrators, colloid mills, ball mills, Jet mills, ’ grinders, mortar and pestle. G. Miscellaneous precautions and rec- ommendations. . Personal hygiene, habits, and practices. V. Care and use of laboratory animals. A. Care and handling. B. Cages housing infected animals. C. General guidelines that apply to animal room maintenance. D. Necropsy rules for infected animals. Decontamination and disposal, . Introduction. , . Decontamination methods. . Laboratory spills. Disposal. Characteristics of chemical decon- taminants in common use in labo- ratory operations. Properties of some common decon- taminants. . Vapors and gases. . Residual action of decontaminants. . Selecting chemical decontaminants for research on recombinant DNA molecules. Table II. __ . Housekeeping. A. Introduction. B. Floor care. Cc. Dry sweeping. D. Vacuum cleaning. E. Selection of a cleaning solution. F. Wet mopping—two-bucket method. @. Alternative floor cleaning method for animal care areas and areas with monolithic floors. Clean-up of biohazardous spills. A. Biohazardous spill in a biological safety cabinet. B. Biohazard spill outside a biological safety cabinet. Cc, Radioactive biohazard spill outside a biological safety cabinet. A secondary reservoir and filtration apparatus for vacuum systems. X. Packaging and shipping. A. Introduction. B. Packaging of materials. C. Labeling of packages containing re- combinant DNA materials. D. Additional shipping requirements and Hmitations for recombinant DNA materials. SHO QWpP VI. HOOD Homo wl VIII. recombinant DNA NOTICES Table III. Table Iv. XI. Training aids, materials and courses. A. Slide-tape cassettes. ' B. Films. Cc, Courses, XII. Outline of a safety and operation manual for a P4 facility. References. I. BrotocicaL SAFETY CABINETS Biological Safety Cabinets suitable for confining operations involving recombinant DNA molecules are described below: 1. Class I. A ventilated cabinet for person- nel protection only, with an unrecirculated inward flow of air away from the operator. The exhaust air from this cabinet may be filtered through a high-efficiency or high- efficiency particulate air (HEPA) filter be- fore being discharged to the outside atmos- phere. This cabinet is suitable for research work with the Center for Disease Control (CDC) classes of etiologic agents 1, 2 and 3 where no product protection is required. This cabinet may be used in three opera- tional modes: (i) With an eight-inch high, full-width open front; (ii) with an installed front closure panel (having four, eight-inch diameter openings) without gloves; and (ili) with an installed front closure panel equipped with arm length rubber gloves. See Table I for ventilation requirements, agent use limitations, and minimum performance requirements. 2. Class II. A ventilated cabinet for per- sonnel and product protection having an open front with inward air flow for per- sonnel protection, and HEPA-filtered re- circulated mass air flow for product protec- tion. The cabinet exhaust air is filtered through a HEPA filter. Two models of this cabinet are available, Type 1 and Type 2. (i) Type 1. The Type 1 recirculates ap- proximately 70 percent of the air. The ex- haust air from this cabinet may discharge 38165 into the laboratory or be diverted out of the laboratory. This cabinet is suitable for CDC classes of etiologic agents 1, 2, and 3. Vapors or gases which are hazardous from a4 toxic, radioactive, or flammability standpoint should not be used in this cabinet because of the high quantity of recirculated air. (li) Type 2. The Type 2 cabinet recirculates approximately 30 percent of the air. The ex- haust air from this cabinet is normally ducted out of the laboratory through a HEPA filter and, occasionally, an activated charcoal filter depending on the operation. The cab- inet may be used with gases or vapors that are hazardous from a toxic, radioactive, or flammability standpoint. However, any con- sideration of use of such materials should be evaluated carefully from the standpoint of build-up to dangerous levels and problems of decontamination of the cabinet. See Table I for ventilation requirements, agent use lim- itations, and minimum performance require- ments. 3. Class III. A closed front ventilated cab- inet of gastight construction providing total protection for personnel and product from contaminants exterior to the cabinet. The cabinet is operated under a negative pres- sure of at least 0.5 inches water gauge. All supply air is HEPA-filtered. Exhaust air is HEPA-filtered or incinerated to protect the environment. This cabinet, fitted with arm length rubber gloves, provides the highest containment of these three classes of cab- inets and is utilized for all activities involv- ing high risk agents (ie, CDC etiologic agents, class 4). See Table I for ventilation requirements, agent use limitations, and minimum performance requirements. The integrity of any cabinet depends on initial and periodic evaluation to meet estab- lished performance tests. Table I outlines the minimum performance required to assure that the cabinets will provide protection of ‘personnel and the environment. TABLE I BIOLOGICAL SAFETY CABINETS BAPETY PERFORMANCE REQUIREMENTS AND SPECIFICATIONS cure 1976 CABINE? USE CLASSIPICATION | PERFORMANCE REQUI met = on TTY EXHAUST AIR (CEM)® © LEAK TIGHTNESS «= EXHAUST. (linear feet PILTER _ — per minute) "hood 6*hood . EFFICIENCY zB Class £ PI-P3 2-3 75 200 300 Not applicable 99,974 s g 2 Glass It, Type 2 Pi-73 1-3 B 260 400 Gas tights > Leak pate < 99.978 e 1x10°° cc/sec o et 2%wg pressure oe Glass IT, Type 2 PIP} 1-3 300 250 *% Pressure tights No air/scap 99.976 bubble at 2*wg Pressure Class 11r et 4 Mot applicable a a Ges tights bate ee < 9.570 Sie at Seg Fe pressure “a - Foc work with recombinant DA nolecul b ~ Center for Disease Control (YS Public E Health Service)e © ~ Cr#=cubic feet per minute. @ = Based on one volume of alr Change each 3 minutes, In the absence of unusual heat or moisture that would cequice more aig changes, FEDERAL REGISTER, VOL. 41, NO. 176——THURSDAY, SEPTEMBER 9, 1976 38166 Ti. UNIVERSAL BIOHAZARD WARNING SYMBOL (1) The biological hazard warning symbol (biohazard symbol) specified herein shall be used to signify the actual or potential pres- ence of a bichazard and to identify equip- ment, containers, rooms, materials, experi- mental animals or combinations thereof which contain or are contaminated with viable hazardous agents. The biohazard symbol shall be designed and proportioned as illustrated here: i [vimensron [alelciolelr lala] Hes dstebiena The symbol shall be as prominent as prac- tical, and of a size consistent with the size of the equipment or material to which it is afixed, provided the proportions shown above are maintained, and, in any case, that the symbol can be easily seen from as many directions as possible, Except when circumstances do not permit, the symbol shall be oriented with one of the three open circles pointed up and the other two forming a base. The symbol color shall be a fluorescent orange or orange-red color.* Background color is optional as long as there is sufficient eontrast for the symbol! to be clearly defined. o Revised 3-39-66 wPay-Clo™ Fire Crange of Lhe Switzer Ercthers, Inc, ia efted am an exerpley Sot an endursement, The biohazard symbol shall be used or displayed only to signify the actual or potential presence of biological hazard. Appropriate wording may be used in as- sociation with the symbol to indicate the nature or identity of the hazard, name of individual responsible for its control, pre- cautionary information, etc. but never should this information be superimposed on the symbol. (See next page) NOTICES ADMITTANCE 10 AUTHORIZED PERSONNEL ONLY Hazard identity: Responsible Investigator: In cose of emergency call: _. Home phone __ Daytime phone Authorizotion for entrance must be obtained from the Responsible Investigator named above, III, LABORATORY TECHNIQUES FOR BIOHAZARD CONTROL A. Pipetting. 1. No infectious or toxic ma- terials should be pipetted by mouth (2, 3,4). 2. No infectious mixtures should be pre- pared by bubbling expiratory air through 4 liquid with a pipette (2,3, 4). 3. No infectious material should be blown out of pipettes (2, 3,4). 4. Pipettes used for the pipetting of in- fectious or toxic materials should be plugged with cotton (2, 3,4). 5. Contaminated pipettes should be placed horizontally in a pan containing enough suitable disinfectant to allow complete im- mersion (2,3,4). They should not be placed vertically in a cyclinder. 6. The pan and pipettes should be auto- claved as a unit and replaced by a clean pan with fresh disinfectant (2,3, 4). 7. Infectious material should not be mixed by alternate suction and expulsion through a pipette (2,3, 4). 8. Mark-to-mark pipettes are preferable to other types, as they do not require ex- pulsion of the last drop (5). 9. Discharge should be as close as pos- sible to the fluid or agar level, or the con- tents should be allowed to run down the wall of the tube or bottle whenever possible— not dropped from a height (5). 10. A disinfectant-wetted towel over the immediate work surface is useful in some cases to minimize the splash from accidental droppage (9). B. Syringes and Needles (9). 1. To lessen the chance of accidental injection, aerosol production or spills, avoid unnecessary use of the syringe and needle. For instance: (i) Use the needle for parenteral injec- tions but use a blunt needie or a cannula on the syringe for oral or intranasal inocula- tions. (ii) Do not use a syringe and needle as a substitute for a pipette In making dilutions of dangerous fluids. 2. Use the syringe and needle in a Biologi- cal Safety Cabinet only and avoid quick and unnecessary movements of the hand holding the syringe. - 3. Examine glass syringes for chips and cracks, and needles for barbs and plugs. Note: This should be done prior to steril- ization before use. 4. Use needle-locking {Luer-Lok® type) syringes oniy, and be sure that the needie is locked securely into the barrel. A disposable syringe-needle unit (where the needle is an integral part of the unit) is preferred. 5. Wear surgical or other type rubber gloves for all manipulations with needles and syringes. 6. Fill the syringe carefully to minimize air bubbles and frothing of the inoculum. 7. Expel excess air, liquid and bubbles from a syringe vertically into a cotton pledget moistened with the proper disinfectant, or into a small bottle of sterile cotton. 8. Do not use the syringe to expel force- fully a stream of infectious fluid into an open vial or tube for the purpose of mixing. Mix- ing with a syringe is condoned only if the tip of the needle is held below the surface of the fluid in the tube. 9. If syringes are filled from test tubes, take care not to contaminate the hub of the needle, as this may result in transfer of in- fectious material to the fingers. 10. When removing a syringe and needle from a rubber-stoppered bottle, wrap the needle and stopper in a cotton pletget mois- tened with the proper disinfectant. If there is danger of the disinfectant contaminating ~ sensitive experiments, a sterile dry pledget may be used and discarded immediately into disinfectant solution. 11. Inoculate animals with the hand “behind” the needle to avoid punctures. 12. Be sure the animal is properly re- strained prior to the inoculation, and be on the alert for any unexpected movements of the animal, 13. Before and after injection of an animal, swab the site of injection with a disinfectant. 14, Discard syringes into a pan of disin- fectant without removing the needle. The syringe first may be filled with disinfectant by immersing the needle and slowly with- drawing the plunger, and finally removing the plunger and placing it separately into the disinfectant. The filling action clears the needle and dilutes the contents of the syringe. Autoclave syringes and needles in the pan of disinfectant. 15. Use separate pans of disinfectant for disposable and nondisposable syringes and needles to eliminate a sorting problem in the service area. 16. Do not discard syringes and needies into pans containing pipettes or other glass- ware that must be sorted out from the syringes and needles. C. Opening Culture Plates, Tubes, Bottles, and Ampoules. 1. Plates, tubes and bottles of fungi may release spores in large nur bers when opened. Such cultures should be ma- nipulated in a Biological Safety Cabinet (6,15). 2. In the absence of definite accidents or cbvious spillage, it is not certain that open- ing of plates, tubes and bottles of other microorganisms has caused laboratory in- fection. However, it is probable that among the highly infective agents, some infections have occurred by this means and are repre- sented in the 80% for which no known act or accident is ascribable (3). 3. Water of syneresis in petri dish cul- tures is usually infected and forms a film between the rim and Hd of the inverted FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 plate. Aerosols are dispersed when this film is broken by opening the plate. Vented plas- tic petri dishes where the lid touches the rim at only three points are less likely to offer this hazard (8,19). 4. The risk may also be minimized by us- ing properly dried plates, but even these (when incubated anaerobically) are likely to be wet after removal from an anaerboci jar, Filter papers fitted into the lids reduce, but do not prevent, dispersal. If plates are obviously wet they should be opened in the Biological Safety Cabinet (8). 5. Less obvious is the release of aerosols when screw-capped bottles or plugged tubes are opened. This happens when a film of in- fected liquid which may collect between the rim and the liner is broken during removal of the closure (8). 6. Dried, infected culture material may also collect at or near the rim or neck of culture tubes and may be disposed into the air when disturbed (18). Containers of dry powdered hazardous materials, (e.g., Class 3 fungal agents in the spore phase of growth) should be opened only in a Biological Safety Cabinet (6, 14). 7, When the neck of an ampoule contain- ing Hquid is broken after nicking with 4 file, the snapping action creates aerosols. The following methods have been recommended: (i) After nicking the ampoule with a file, wrap the ampoule in disinfectant-wetted cotton before breaking. Wear gloves (2). (ii) The bottom of the ampoule should be held in several layers of tissue paper to pro- tect the hands, and a file mark made at the neck. A hot glass rod should be carefully applied to the mark. The glass will crack, al- lowing air to enter the ampoule and equalize the pressures. After a few seconds the am- poule should be wrapped in a few layers of tissue and broken along the crack. The tis- sues and ampoule neck can then be discarded into disinfectant, and the contents of the ampoule removed with a syringe. If the am-~- poule contains dried cultures, about 0.5 cm? of broth should be added slowly to avoid blowing dried material out. The contents may then be mixed without bubbling and withdrawn into a culture tube (8). (iii) The researcher uses an intense, but tiny, gas-oxygen flame and heats the tip of the hard glass ampoule until the expanding internal air pressure blows a bubble. After allowing this to cool, he breaks the bubble while holding it in a large low temperature flame: this immediately incinerates any in- fectious dust which may come from the am- poule when the glass is broken (16). Prelim- inary practice with a simulant ampoule of the same type actually in use is necessary to develop a technique that will not cause ex- plosion of the ampoule. (iv) A simple device has been recommend - ed consisting of a sleeve of rubber tubing into which the ampoule is inserted before it is broken (17,18). D. Centrifuging. 1. A safety centrifuge cab- inet or safety centrifuge cup (3,7,8,14,22) may be used to house or safeguard all cen- trifuging of infectioug substances. When bench type centrifuges are used in a Bio- logical Safety Cabinet, the glove panel should be in place with the glove ports covered. The “centrifuge operation creates air currents that may cause escape of agent from an open cab- inét (2,3,4,13). 2. In some situations, in the absence of O- ring cap sealed trunnion cups, specimens can be enclosed in sealed plastic bags before cen- trifugation (12). 3. Before centrifuging, inspect tubes for cracks, inspect the inside of the trunnion cup for rough walls caused by erosion or ad- hering matter, and carefully remove bits of glass from the rubber cushion (4,10). NOTICES 4. A germicidal solution should be added between the tube and trunnion cup to disin- fect the materials in case of accidental breakage. This practice also provides an ex~- cellent cushion against shocks that might otherwise break the tube (4,10). 5. Avoid decanting centrifuge tubes. If you must do so, afterwards wipe of the outer rim with a disinfectant; otherwise the in- fectious fluid will spin off as an aerosol (4, 10). ‘ g. Avoid filling the tube to the point that the rim, cap or cotton plug ever becomes wet with culture (4, 10). 7. Screw caps, or caps which fit over the rim outside the centrifuge tube are safer than plug-in closures. Some fluid usually collects betwen a plug-in closure and the rim of the tube. Even screw-capped bottles are not without risk, however; if the rim is soiled some fluid will escape-down the out- side of the tube. Screw-capped bottles may jam in the bucket, and removing them is hazardous. Propping such bottles higher in the bucket with additional rubber buffers is mechanically unsound (8). 8. Kitchen foil is often used to cap centri- fuge tubes. This creates more risk then the screw cap. Foil caps often become detached in handling and centrifuging (8). 9. The balancing of buckets is often mis- managed. Gare must be taken to ensure that matched sets of trunnios, buckets and plastic inserts do not become mixed. If the components are not inscribed with their weights by the manufacturer, colored stains can be applied to avoid confusion. When the tubes are balanced, the buckets, trunnions and inserts should be included in the procedure; and care must be taken to ensure that the centers of gravity of the tubes are equidistant from the axis of rota- tion. To illustrate the importance of this, two identical tubes containing 20g of mer- cury and 20g of water respectively will bal- ance perfectly on the scales; but their performance in motion is totally different, leading to violent vibration with all its at- tendant hazards (5). 10. Fill and open centrifuge tubes or trunnion cups in a Biological Safety Cabinet (10). E, High-Speed Centrifuges (22), 1. In high- speed centrifuges the bowl is connected to a vacuum pump. If there is a breakage or accidental dispersion of infected particles the pump and the oil in it will become con- taminated. A high efficiency filter should be placed between the centrifuge and the pump (8). 2. High speed rotor heads are prone to metal fatigue, and where there is a chance that they may be used on re than one machine each rotor should be accompanied by its own log book indicating the number of hours run at top or de-rated speeds. Failure to observe this precaution can result In dangerous and expensive disintegration. Fre- quent inspection, cleaning and drying are important to ensure absence of corrosion or other traumata which may lead to creeping cracks, Rubber O-rings and tube closures must be examined for deterioration and be kept lubricated with the material recom- mended by the makers. Where tubes of dif- ferent materials are provided (e.g., celluloid, polypropylene, stainless steel), care must be taken that the tube closures designed specifically for the type of tube in use are employed. These caps are often similar in appearance, but are prone to leakage if ap- plied to tubes of the wrong material. When properly designed tubes and rotors are well maintained and handled, leaking should neyer occur (5). 3. Cleaning and disinfection of tubes, rotors and other components requires con- 38167 © siderable care. It is unfortunate that no single process is suitable for all items, and the various manufacturers’ recommendations must be followed meticulously if fatigue, . distortion and corrosion are to be avoided. This is not the place to catalogue recom- mended methods, but one less well appre- ciated fact is worthy of mention. Celluloid (cellulose nitrate) centrifuge tubes are not only highly inflammable and prone to shrinkage with age and distortion on boiling, but can behave as high explosive in an auto- clave (5). Large-scale zonal cenirifugation requires special attention (11). F. Blenders, ultrasonic disintegrators, colloid mills, ball mills, jet mills, grinders, motar and pestle. All these devices release considerable aerosols during their operation. For maximum protection to the operator during the blending of infectious materials, the following practices should be observed: 1. Operate blending and cell-disruption and grinding equipment in a Biological Safety Cabinet (9). 2. Use safety blenders designed to prevent leakage from the rotor bearing at the bottom of the bowl (9). 3. In the absence of a leak-proof rotor, in- spect the rotor bearing at the bottom of the blender bowl for leakage prior to operation. Test it in a preliminary run with sterile saline or methylene blue solution prior to use with infected material (9). 4, Sterilize the device and residual infec- tious contents promptly after use. Use a towel moistened with disinfectant over the top of the blender (9). 5. Glass blender bowls are undesirable for use with infectious material because of po- tential breakage. If used, they should be cov- ered with a polypropylene jar to prevent dispersal of glass (8). 6. A new machine, the Colworth Sto- macker (England), in which material ts homogenized in a plastic bag in a closed con- tainer, would appear to be safer than some of the other blenders (8). 7. A heat-sealed flexible plastic film en~ closure for a grinder or blender can be used, put it must be opened in a Biological Safety Cabinet (7). 8. Blender bowls sometimes require sup~ plemental cooling to prevent destruction of the bearings and to minimize thermal efforts on the product (7). 9. Before opening the safety blender bowl, permit the blender to rest for at least one minute to allow settling of the aerosol cloud. 10. Clinical or other laboratories handling human blood should be aware of the aerosols produced by the microhaematocrit centri- fuge, the autoanalyzer stirrer, and the mico- tonometer, inasmuch as it seems that sir- borne transmission of infectious hepatitis may occur in the laboratory (20). G. Miscellaneous precautions and recom- mendations. 1, Water baths and Warburg baths used to inactivate, incubate, or test in- fectious substances should contain a disin- fectant. For cold water baths, 70 percent propylene glycol is recomemnded (4, 10). 2. Deepfreeze, Hquid nitrogen, and dry ice chests and refrigerators should be checked and cleaned out periodically to remove any proken ampoules, tubes, etc., containing in- fectious material, and decontaminated. Use rubber gloves and respiratory protection dur- ing this cleaning. All infectious or toxic roaterial stored in refrigerators or deep- freezes should be properly labelled. Security measures should be commensurate with the hazards (4,10,21). 3. Freeze-dried culture ampoules should al- ways be opened in a Biological Safety Cabi- net. The ampoule should be wrapped In a disinfectant-soaked swab before breaking it open to minimize the risk of cutting the hands, and to a lesser extent of releasing FEDERAL REGISTER, VOL. 41, NO. 176—-THURSDAY, SEPTEMBER 9, 1976 * 88468 aerosol of dried material. Whenever possible, ampoules should be filled with dry nitrogen after freeze-drying, thus avoiding implosion that may occur during the sealing as well as opening of evacuated ampoules. The whole process of freeze-drying itself should be per- formed in a Biological Safety Cabinet. Filtra- tion of the effluent air from the vacuum pump is desirable either up (preferably), or down stream of the pump (5). 4, Ensure that all virulent fluid cultures or viable powdered infectious materials in glass vessels are transported, incubated, and stored in easily handled, nonbreakable leak-proof containers that are large enough to contain all the fluid or powder in case of leakage or breakage cf the glass vessel (4,10). 5. All inoculated petri plates or other in- oculated solid media should be transported and incubated in leak-proof pans or leak- proof containers (4,10). 6. Care must be exercised in the use of membrane filters to obtain sterile filtrates of infectious materials. Because of the fra- gility of the membrane and other factors, such filtrates cannot be handled as nonin- fectious until culture or other tests have proved their sterility (4,10). 7. Shaking machines should be examined carefully for potential breakage of flasks or other containers being shaken. Screw capped durable plastic or heavy walled glass flasks should be used. These should be securely fastened to the shaker platform. An addi- tional precaution would be to enclose the flask in a plastic bag with or without an absorbent material. 8. No person should work alone on an ex- tremely hazardous operation (4,10). IV, PERSONAL HYGIENE, HABITS, AND PRACTICES Personal hygienic practices in the labora- tory are directed, in most part, toward the prevention of occupationally acquired phys- ical injury or disease. To a less obvious ex- tent, they can raise the quality of the lab- oratory work by reducing the possibilities for contamination of experimental materials. The reasons for many of the recommended precautions and practices are obvious, but, in some instances, amplification will permit a better review of the applicability to any one specific laboratory. Consequently, what might be forbidden in one laboratory might be only discouraged in another, and be permissible in a third. Nevertheless, adherence to safe practices that become habitual, even when seemingly not essential, provides a margin of safety in sit- uations where the hazard is unrecognized. The history of occupational injury is replete with examples of hazards unrecognized until too late. The following guidelines, recom- mendations, and comments are presented with this in mind: 1. Food, candy, gum, and beverages for human consumption will be stored and con- sumed only outside the laboratory (5, 10). 2, Foot-operated drinking fountains should be the sole source of water for drinking by human occupants of the laboratory (27). 3. Smoking is not permitted in the lab- oratory or animal quarters. Cigarettes, pipes, and tobacco will be Kept only in clean areas (5, 10, 26). 4, Shaving and brushing of iceth are net permitted in the laboratory. Razors, tooth- brushes, toiletry supplies, and cosmetics are permissible only in clean change rooms or other clean areas, and should never be used until after showering or thorough washing of the face and hands (27). 5. A beard may be undesirable in the lab- oratory in the presence of actual or potenttal airborne contamination, because it retains particulate contamination more persistently than clean-shaven skin. A clean-shaven face js essential to the adequate facial fit of a NOTICES face mask cr respirator when the work re- quires respiratory protection (10,27,31). 6. Develop the habit of keeping hands away from mouth, nose, eyes, face, and hair. This may prevent self-inoc tion (10,27). 7. For product protection, persons with long hair should wear a suitable hair net or head cover that can be decontaminated. This has Iong been a requirement in hos- pital operating rooms and in the manufac- ture of biological pharmaceutical products. A head cover also w srotect the hair from fluid splashes, from swinging into Bunsen flames and petri dishes, and will reduce facial contamination caused by habitual repetitive manual adjustment of the hair (5). 8. Long-flowing hair and loose-flapping clothing are dangerous in the presence of open flame or moving machinery. Rings and wrist watches also are a mechanical hazard during operation of some types of machines (5,10)... 9. Contact lenses do not provide eye protec- tion, The capillary space between the con- tact lenses and the cornea may trap any ma- terial present on the surface of the eye. Caustic chemicals trapped in this space can- not be washed off the surface of the cornea. If the material in the eye is painful or the contact lens is displaced, muscle spasms will make it very difficult, if not impossible, to remove the lens. For this reason, contact lenses must not be worn by persons exposed to caustic chemicals unless safety glasses with side shields, goggles, or plastic face masks are also worn to provide full protec- tion. It is the respofiSibility of supervisors to identify employees who wear contact lenses (25, 26). 10. Personal items, such as coats, hats, storm rubbers or overshoes, umbrellas, purses, etc., do not belong in the laboratory. These articles should be kept elsewhere (25). 11. Plants, cut flowers, an aquarium, and pets of any kind are undesirable sources of yeast, molds, and other potential microbial contaminants of biological experimental ma- terials (25). 12. Books and journals returnable to the institutional library should be used only in the clean areas a8 much as possible (10,27). 138. When change rooms with showers are provided, the employer should furnish skin lotion (27). 14. When employees are subject to poten- tial occupational infection, the shower and/ or face/hand-washing facilities should be provided with germicidal soap (8,27). 15. Personal cloth handkerchiefs should not be used in the laboratory. Cleansing tis- sue should be available instead. 16. Hand washing for personal protec- tion: (i) This should be done promptly after removing protective gloves. Tests show it is not unusual for microbial or chemical con- tamination to be present despite use of gloves, due to unrecognized small holes, abrasions, tears, or entry at the wrist. (ii) Throughout the dey, at intervals dictated by the nature of the work, the hands should be washed. Presence cf a wrist watch discourages adequate washing of the wrist (10,25). (Gili) Hands should be washed after re- moving solled protective clothing, before leaving the laboratory area, before eating, and before smoking. The provision of hand cream by the employer encourages these prac- tices (5,8,10). (iv) A disinfectant wash or dip may be desirable in some cases, but Its use must not be carried to the point of causing roughen- ing, desiccation or sensitization of the sKin. 17. Anyone with a fresh or healing cut, abrasion, or skin lesion should not work with infective material unless the injured area is completely protected (8.245). oR 18. Persons vaccinated for smallpox may be shedders of vaccinia virus during the phase of cutaneous reaction. Therefore, vaccinatlon requires permission of the appropriate super- visor, because two weeks’ absence may be necessary before returning to work with nor- mal cell cultures or with susceptible animals, especially the normal mouse colony (25). i9. The surgeon’s mask of gauze or filter paper is of little value for personal respira- tory protection (29). It is designed to prevent escape of droplets from the nose cr mouth (28G). If biohazards demand respiratory protection, then nothing but a full face res- pirator or ventilated hood will suffice. A half- mask respirator does not protect the eyes, which are an unevaluated avenue of infec- tion through the conjuctiva and the naso- lacrimal duct (5.8). 20, Nonspecific contamination by environ- mental organisms from humans, animals, equipment, containers for specimens cr sup- plies, and outside air is a complication that may affect or invalidate the results of an experiment. The human sources of this con- tamination are evaluated as follows: (i) Sneezing, coughing and talking (23A, 24A). Sneezing, variously reported to gen- erate as many as 32,000 or 1,000,000 droplets below 100 microns in diameter; coughing, which produces fewer and larger droplets; and talking, which has been reported to aver- age only 250 droplets when speaking 100 words, show great differences between per- sons in regard to the number of microorga- nisms aerosolized. As a general rule, it may be said that these actions by normal healthy persons may play a less important role in transmission of airborne infection to humans or experimental materials than does libera- tion of microorganisms from human skin. (il) Dispersal of bacteria from human skin. There is a tremendous variation in the num- ber of bacteria shed from the skin by a clothed subject. For instance, in one study, the number varied from 6,000 to 60,000 per minute (23C). These bacteria were released on skin scales which were of a_ size that could penetrate the coarse fabric used for the laboratory and surgical clothing in the test (23D). Dispersal of skin bacteria was several times greater from below the waist than from upper parts of the body (24D), Effective reduction is accomplished by use of closely-woven or impervious clothing fitted tightly at the neck, wrists, and ankles to prevent the clothing from acting as a bellows that disperses air carrying skin scales laden with bacteria (23B). Such clothing sometimes is too warm to work in. It was found that a significant reduction in disper- sal of bacteria occurred with the wearing of close-fitting and closely-woven underpants beneath the usual laboratory clothing (23D). The purpose of this summary is to alert laboratory personnel to the existence of this source of contamination (9). (ili!) Prolific dispersal of bacteria occurs from infected abrasions, small pustules, bolls, and skin disease (23F, 24B). Washing the lesions with germicidal soap will greatly decrease the number of organisms on the skin and dispersal into the air. Healthy nasal earriers who generate aerosolized staphy- lococci usually can be identified by the pres- ence of heavy contamination of their fin- gers, face, and hair (23E). This point may be useful in investigating the sourcerof staphylococcal contamination of ceil lines, (iv) Footwear. In moderate and high risk situations, shoes reserved for only laboratory use have been recommended as @ precau- tion against transporting spilled infectious agents outside the laboratory. However, in experiments during which reduction of po- tential contamination of experimental mate- rials is important, laboratory-only shoes can reduce the microbial load brought into the FEDERAL REGISTER, VOL. 41, NO. 176-—-THURSDAY, SEPTEMBER 9, 1976 laboratory each day by street shoes. Shoes are efficient transporters. In one study, there were 4 to 850 times as many bacterla per square centimeter on the laboratory foot- wear as on the floor itself (80). Vv. CARE AND USE OF LABORATORY ANIMALS (10,32-37) A. Care and handling. 1, Special attention must be given to the humane treatment of all laboratory animals in accordance with the Animal Welfare Act of 1970. The implement- ing rules and regulations appear in the Code of Federal Regulations (CFR) Title 9, Chap- ter I, Subchapter A, Parts 1, 2, 3. Recom- mended provisions and practices that meet the requirements of the Act have been pub- lished by the U.S. Public Health Service (32). 2. There are specific minimum require- ments (33) concerning the caging, feeding, watering, and. sanitation for dogs, cats, guinea pigs, hamsters, rabbits, and nonhu- man primates. To meet these requirements, the animal room supervisor must have a copy of 9 CFR Chapter I, Subchapter A, Parts 1, 2, 3. 8. Each laboratory should establish proce- dures to ensure the use of animals that are free of diseases prejudicial to the proposed experiments and free from carriers of disease or vectors, such as ectoparasites, which en- danger other experimental animals or per- sonnel (10). B. Cages housing infected animals (10). 1, Careful handling procedures should be employed to minimize the dissemination of dust from cage refuse and animals. 2. Cages should be sterilized by autoclav- ing. Refuse, bowls and watering devices should remain in the cage during steriliza- tion. 3. All watering devices should be of the “non-drip” type. 4. Cages should be examined each morn- ing and at each feeding time so that dead animals can be removed. 5. Heavy gloves should be worn when feed- ing, watering, handling, or removing in- fected animals. Bare hands should NEVER be placed in the cage to move any object therein. 6. When animals are to be injected with biohazardous material, the animal caretaker should wear protective gloves and the labora- tory workers should wear surgeons gloves. Animals should be properly restrained to avoid accidents that might result in dissem- inating biohazardous material, as well as to prevent injury to the animal and to per- sonnel. 7. Animals exposed to bichazardous aerosols should be housed in ventilated cages, in gas- tight cabinet systems, or in rooms designed for protection of personnel by use of venti- lated suits. 8. Animals inoculated by means other than by aerosols should be housed in equipment suitable for the level of risk involved. 9. Infected animals to be transferred be- tween buildings should be placed in venti- lated cages or other aerosol-proof containers. 10. The oversize canine teeth of large monkeys present a particular biting hazard; these are important in the potential trans- mission of naturally-occurring, and very dangerous, monkey virus infections. Such teeth should be blunted or surgically re- moved by a veterinarian. 11. Presently available epidemiological evi- dence indicates that infectious hepatitis may be transmitted from non-human primates (typically chimpanzees) to man. Newly im- ported animals may be naturally infected with this disease, and persons in close con- tact with such animals may become infected. After six months residence in this country, chimpanzees apparently no longer transmit the disease. A record should be maintained NOTICES for each newly imported animal. A sign should be posted at rooms housing these ani- mals to warn that the animals are potentlally infectious. C. General Guidelines that Apply to Animal Room Maintenance (10). 1. Doors to animal rooms should be kept closed at all times ex- cept for necessary entrance and exit. 2. Unauthorized persons should not be per- mitted to enter animal rooms. 8. A container of disinfectant should be kept in each animal room for disinfecting gloves and hands, and for general decon- tamination, even though no infectious ani- mals are present. Hands, fioors, walls, and cage racks should be washed with an ap- proved disinfectant at the recommended strength as frequently as the supervisor directs. 4, Floor drains in animal rooms, as well ‘as floor drains throughout the building should be flooded with water or disinfectant periodically to prevent backup of sewer gases. 5. Shavings or other refuse on floors should not be washed down the floor drain because such refuse clogs the sewer lines. 6. An insect and rodent control program should be maintained in all animal rooms and in animal food storage areas. 7. Special care should be taken to prevent live animals, especially mice, from finding their way into disposable trash. D. Necropsy rules for infected animals (10). 1. Necropsy of infected animals should be carried out by trained personnel in Bio- logical Safety Cabinets with the hinged glass panel down. The glove port panel with or without attached gloves, and a respirator should be used at the discretion of the su- pervisor. 2. Surgeons gowns should be worn over laboratory clothing during necropsies. 3. Rubber gloves should be worn when per- forming necropsies. 4, The fur of the animal should be wetted with a suitable disinfectant. 5. Small animals should be pinned down or fastened on wood or metal in a metal tray. 6. Upon completion of necropsy, all poten- tially biohazardous material should be placed in suitable containers and sterilized imme- diately. 7. Contaminated instruments should be placed in a horizontal bath containing a suitable disinfectant. 8. The inside of the Biological Safety Cabinets and other potentially contaminated surfaces should be disinfected with a suit- able germicide. 8. Grossly contaminated rubber gloves should be cleaned in disinfectant before re- moval from the hands, preparatory to sterili- zation, 10. Dead animals: should be placed in proper leak-proof containers, autoclaved and properly tagged before being placed outside for removal and incineration. VI. DECONTAMINATION AND DISPOSAL (7, 10, 38-42) A. Introduction. Available data on the efficacy of various decontaminants for etio- logic agents indicate that no major surprises will be forthcoming regarding the suscepti- bility of organisms containing recombinant DNA molecules. In the absence of adequate information, tests to determine the efficacy of candidate decontaminants should be con- ducted with the specific agent of interest. The goal of decontamination is not only the protection of personnel and the environment from exposure to infectious agents, but also the prevention of contamination of experi- mental materials by & variable, persistent, and unwanted background of microorga- nisms. This additional factor should be con- sidered in selecting decontamination mate- rials and methods. 38469 B. Decontamination Methods. Physical and chemical means of decontamination fall into four main categories: Heat; Liquid De¢on- taminants; Vapors and Gases; and UV Radia- tion. 1. Heat. The application of heat, either moist or dry, is recommended as the most effective method of sterilization. Steam at 121 C under pressure in the autoclave is the most convenient method of rapidly achiev- ing sterllity. Dry heat at 160 to 170 C for periods of 2 to 4 hours Is suitable for destruc- tion of viable agents on impermeable non- organic material Buch as glass, but 1s not reliable in even shallow layers of organic or inorganic material that can act as insulation. Incineration is another use of heat in the decontamination of microorganisms and also serves as an efficient means for disposal. 2, Liquid Decontaminants. In general, the liquid decontaminants find their most prac- tical use in surface decontamination and, at sufficient concentration, as decontaminants of quid wastes for final disposal in sanitary sewer systems, There are many misconcep- tions concerning the use of liquid decontami- nants. This is due largely to a characteristic capacity of such liquids to perform dra- matically in the test tube and to fail miser- ably in a practical situation. Such failures often occur because proper consideration was not given to such factors as temperature, time of contact, pH, concentration, and the presence and state of dispersion, penetrability and reactivity of organic material at the site of application. Small variations in the above factors may make large differences in effec- tiveness of decontmination. For this reason, even when used under highly favorable con- ditions, complete reliance should not be placed on Nquid decontaminants when the end result must be sterility. There are many Hquid decontaminants available under a wide variety of trade names, In general, these can be categurized as halogens, acids or alkalies, heavy metal salts, quaternary ammonium compounds, phenolic compounds, aldehydes, ketones, alcohols and amines. Unfortunately, the more active the decontaminant the more likely it is that the decontaminant will possess un- desirable characteristics, such as the posses- sion of corrosive properties. None is equally useful or effective under all conditions, 3. Vapors and Gases. A variety of vapors and gases possess decontamination proper- ties. The most useful of these are formalde- hyde and ethylene oxide. When these can be employed in closed systems and under con- trolied conditions of temperature and hu- midity, excellent decontamination can result. Vapor and gas decontaminants are primartly useful tn decontaminating: (1) Biological Safety Cabinets and associated effluent air- handling systems and air filters; (ii) bulky or stationary equipment that resists pentra- tion by liquid surface decontaminants; (ii!) instruments and optics that might be dam- aged by other decontamination methods; and (iv) rooms and buildings and associated altr~ handling systems. i 4. Radiation. The usefulness of ultraviolet (UV) irradiation as a decontaminant is limited by its low penetrating power. No in- formation is available regarding the effective- ness of UV irradiation for decontaminating microorganisms containing recombinant DNA molecules. Dependence on UV must be based on the results of experiments imitating particular anticipated environmental condi- tions and applications. Ultraviolet Ught ta generally of limited application and is’ pri- marily useful tn air locks and animal hold- ing areas for controlling low levels of air- borne contaminants. No one procedure or material will solve all decontamination problems. The only method of assuring the efficacy of selected method- ologies Is to critically examine the resulta FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 38470 obtained in practical tests with the micro- organism(s) of interest. C. Laboratory spilis. A troublesome prob- lem that may occur in the laboratory is the decontamination of an overt biological spill The occurrence of a spill poses less of a prob- lem if it occurs in a Biological Safety Cab- inet provided splattering to the outside of the cabinet does not occur, Direct applica- tion of concentrated liquid decontaminant and a thorough wipe down of the internal surfaces of such cabinetry will usually be ef- fective for decontaminating the work zone but gaseous decontaminants would be re- quired to rid the interior sections of the cabinet of contaminants. Each researcher must realize that in the event of an overt ac- cident, research materials such as tissue cul- tures, media, and animals within such cabi- nets may well be lost to the experiment. The greater problem arises if the incident occurs in the open laboratory. All laboratory protocols should be designed to prevent such occurrences. The first action in the event of an overt laboratory spill is evacuation of the affected area to minimize the exposure of personnel involved. Next, the spill area must be isolated to prevent exposure of personnel and experimental materials beyond those in- volved in the immediate area of the spill. The procedures adopted must be rapidly effec- tive and must not create additional aerosol or foster mechanical transfer of materials to unaffected areas. Personnel carrying out the procedures must be provided with pro- tective clothing and equipment, including respiratory protection. Consideration must be given to the safe disposal of all materials and liquids resulting from cleanup proce- dures. Reentry of personnel to the area should be avoided until it can be reasonably established that the area has been effectively decontaminated. Further specific details are provided in Section VIII. D. Disposal. Decontamination and disposal in infectious disease laboratories are closely interrelated acts in which decontamination constitutes the introductory phase of dis- posal. All materials and equipment used in research on recombinant DNA molecules will ultimately be disposed of; however, in the sense of daily use, only a portion of these will require actual removal from the labora- tory complex or on-site destruction. The re- mainder will be recycled for use either with- in the same laboratory or in other labora- tories that may or may not engage in DNA recombinant research. Examples of the latter that immediately come to mind are: Re- usable laboratory glassware, instruments used in necropsy of infected animals, and laboratory clothing. Disposal should there- fore be interpreted in the broadest sense of the word, rather than in the restrictive sense of dealing solely with a destructive process. The principal questions to be answered prior to disposal of any objects or matertals from laboratories dealing with potentially infectious microorganisms or animal tissues are: 1. Have the objects or materials been effec- tively decontaminated by an approved proce- dure? 2. If not, have the objects or materials been packaged in an approved manner for immediate on-site incineration or transfer to another laboratory? 3. Does disposal of the decontaminated objects or materials involve any additional potential hazards, biological or otherwise, to personnel either: (i) Those carrying out the immediate disposal procedures or (11) Those who might come into contact with the objects or materials outside the laboratory complex? Laboratory materials requiring disposal will normally occur as liquid, solid, and animal room wastes. The volume of these NOTICES can become a major problem when there is the requirement that all wastes be de- contaminated prior to disposal. It is most evident that a significant portion of this problem can be eliminated if the kinds of materials initially entering the laboratory are reduced. In any case, and wherever pos- sible, materials not essential to the research should be retained in the nonresearch areas for disposal by conventional methods. Ex- amples are the packaging materials in which goods are delivered, disposable carton-cages for transport of animals, and large carboys or tanks of fluids which can be left outside and drawn from as required. Reduction of this bulk will free autoclaves and other de- contamination and disposal processes within the laboratory for the more yapid and effi- cient handling of materials known to be contaminated. Inevitably, disposal of materials raises the question, ‘‘“How can we be sure that the ma- terials have been treated adequately to as- sure that their disposal does not constitute a hazard?” In the small laboratory, the prob- lem is often solved by requiring that each investigator decontaminate all contaminated materials not of immediate use at the end of each day and place them in suitable con- tainers for routine disposal. In larger labora- tories where the mass of materials for dis- posal becomes much greater and sterilization and decontamination bottlenecks occur, ma- terials handling and disposal will likely be the chore of personnel not engaged in the actual research. In either situation, a case can be made for establishing a positive method of designating the state of materials to be disposed of. This may consist of a tag- ging system stating that the materials are either sterile or contaminated. Disposal of materials from the laboratory and animal holding areas will be required for research projects ranging In size from an in- dividual researcher to those involving large numbers of researchers of many disciplines. Procedures and facilities to accomplish this will range from the simplest to the most elaborate. The primary consideration in any of these is to dispel the notion that labora- tory wastes can be disposed of in the same manner and with as little thought as house- hold wastes. Selection and enforcement of safe procedures for disposal. of laboratory materials are of no less importance than the consideration given to any other methodol- ogy for the accomplishment of research objectives. Materials of dissimilar nature will be com- mon in laboratorles studying recombinant DNA molecules. Examples are combinations of common flammable solvents, chemical car- cinogens, radioactive isotopes, and concen- trated viruses or nucleic acids. These may re- quire input from a number of disciplines in arriving at the most practical approach for their decontamination. E. Characteristics of chemical decontami- nants in common use in laboratory opera- tions. Every person actively working with viable miroorganisms, no matter how remote the field of specialization, will, from time to time, find it necessary to decontaminate by chemical methods work areas and materials, equipment, and specialized instruments. Chemical decontamination is necessary be- cause the use of pressurized steam, the most rapid and reliable method of sterilization, is not normally feasible for decontaminating large spaces, surfaces, and stationary equip- ment. Moreover, high temperatures and moisture often damage delicate instruments, particularly those having compléx optical and electronic components. Chemicals with decontaminant properties are, for the most part, available as powders, crystals, and liquid concentrates. These may be added to tap water for application as sur- face decontaminants, and some, when added in sufficient quantity, find use as decontam- inants of bulk MNquid wastes. Chemical de- contaminants that are gaseous at room tem- peratures are useful as space-penetrating decontaminants. Others become gases at rea- sonably elevated temperatures and can act as either aqueous surface or gaseous space- penetrating decontaminants. Inactivatiqgn of microorganisms by chem- ical decontaminants may occur in one or more of the following ways: (1) Coagula- tion and denaturation of protein, (2) Lysis, {3} Binding to enzymes, or inactivation of an essential enzyme by either oxidation, binding, or destruction of enzyme substrate. The relative resistance to the action of chemical decontaminants can be substan- tially altered by such factors as: Concentra- tion of active ingredient, duration of con- tact, pH, temperature, humidity and pres- ence of extrinsic organic matter. Depending upon how these factors are manipulated, the degree of success achieved with chemi- cal decontaminants may range from mini- mal inactivation of target microorganisms to an indicated sterility within the limits of sensitivity of the assay systems employed. There are dozens of contaminants avail- able under a wide variety of trade names, In general, these decontaminants can be classified as halogens, acids or alkalies, heavy metal salts, quaternary ammonium com- pounds, phenolic compounds, aldehydes, ke- tones, alcohols, and amines. Unfortuately, the more active the decontaminant the more likely it will possess undesirable char- acteristics. For example, peracetic acid is a fast-acting, universal decontaminant. How- ever, in the concentrated state it is a hazard- ous compound that can readily decompose with explosive violence. When diluted for use, it has a short half-life, produces strong, pungent, irritating odors, and is extremely corrosive to metals. Nevertheless, it is such an outstanding decontaminant that it is commonly used in germ-free animal studies despite these undersirable characteristics. The halogens are probably the second most active group of decontaminants. Chlorine, jodine, bromine, and fluorine will rapidly kill bacterial spores, viruses, rickettsiae, and fungi. These decontaminants are effective over a wide range of temperatures. In fact, chlorine has been shown to be effective at —40 F. (On the other hand, phenols and formaldehyde have high temperature coeffi- cients). The halogens have several undesir- able features. They readily combine with protein, so that an excess of the halogen must be used if proteins are present. Also, the halogens are relatively unstable so that fresh solutions must be prepared at frequent intervals. Finally, the halogens corrode metals. A number of manufacturerg of de- contaminants have treated the halogens to remove some of the undesirable features. For example, sodium hypochlorite reacts with p- toluenesulfonamide to form Chloramine T, and jodine reacts with certain surface-active agents to form the popular iodophors. These “tamed” halogens are stable, non-toxic, odorless, and relatively mnencorrosive to metals. However, the halogens are highly reactive elements, and, because they are reactive they are good germicides. When 4@ haolgen acts as a decontaminant, free halo- gen is the effective agent. Raising the pH or combining the halogen with other com- pounds to decrease the corrosive effect will also decrease the germicidal power. A trade- off situation occurs. Ineffectiveness of a decontaminant is due primarily to the failure of the de- contaminant to contact the microorga- nisms rather than failure of the decon- taminant to act.-If one places an item in FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 a liquid decontaminant, one can see that the item is covered with tiny bubbles. Of course, the area under the bubbles is dry, and microorganisms in these dry areas will not be affected’ by the decon- taminant. Also, if there are spots of grease, rust or dirt on the object, micro- organisms under these protective coat- ings will not be contacted by the decon- taminant. Scrubbing an item when im- mersed in a decontaminant is helpful, and a decontaminant should have, and most do have, incorporated surface- active agents. F, Properties of some common decon- taminants—1. Alcohol. Ethyl or iso- propyl alcohol in a concentration of 70— 80 percent by weight is often used. Al- cohols denature proteins and are some- what slow in their germicidal action. However, they are effective decontami- nants against lipid-containing viruses. 2. Ether and Chloroform. 'These com- pounds are not ordinarily used as decon- taminants, but they do demonstrate the fact that lipid-containing viruses are inactivated by these organic solvents, whereas non-lipid-containing viruses are quite resistant. 3. Formaldehyde. Formaldehyde for use as a decontaminant is usually mar- keted as a solution of about 37 percent concentration referred to as formalin or as a solid polymerized compound called paraformaldehyde. Formaldehyde in a concentration of 5 percent active ingredient is an effective liquid decon- taminant. It loses considerable activity at refrigeration temperatures and the pungent, irritating odors make formal- dehyde solutions difficult to use in the laboratory. Formaldehyde vapor gener~ ated from formaldehyde solution is an effective space decontaminant for decon- taminating rooms or buildings, but in the vapor state with water it tends to polymerize out on surfaces to form para- formaldehyde, which is persistent and unpleasant. Formaldehyde gas can be liberated by heating paraformaldehyde to depolymerize it. In the absence of high moisture content in the air, formal- dehyde released in the gaseous state forms less polymerized residues on sur- faces and less time is required to clear treated areas of fumes than formalde- hyde released in the vapor state. 4. Phenol. Phenol itself is not often used as a decontaminant. The odor is somewhat unpleasant and a sticky, gummy residue remains on treated surfaces. This is espe- clally true during steam sterilization. Al- though phenol itself may not be tn wide- spread use, phenol homologs and phenolic compounds are basic to a number of popular decontaminants. The phenolic compounds are effective decontaminants against some viruses, rickettsiae, fungl and vegetative bac- teria, The phenolics are not effective in ordi- nary usage against bacterial spores. 5. Quaternary Ammonium Compounds or Quats. After 30 years of testing and use, there is still a considerable controversy about the efficacy of the Quats as decontaminants, These cationic detergents are strongly sur- face-active and are effective against lipid- containing viruses. The Quats will attach to protein so that dilute solutions of Quats will quickly lose effectiveness in the presence of proteins. The Quats tend to clump micro- NOTICES organisms and are neutralized by anionic detergents, such as soap. The Quats have the advantages of being nontoxic, odorless, non- staining, noncorrosive to metals, stable, and inexpensive. 6. Chlorine. This halogen is a universal decontaminant active against all microor- ganisms, including bacterial spores. Chlorine combines with protein and rapidly decreases in concentration in its presence. Free, avail- able chlorine is an active element. It is a strong oxidizing agent, corrosive to metals. Chlorine solutions will gradually lose strength so that fresh solutions must be pre- pared frequently. Sodium hypochloride 1s usually used as a base for chlorine decon- taminants. An excellent decontaminant can be prepared from household or laundry bleach. These bleaches usually contain 5.26 percent available chlorine or 52,500 ppm, If one dilutes them 1 to 100, the solution will contain 625 ppm of available chlorine, and, if a nonionic detergent such as Naccanol is added in a concentration of about 0.7 per- cent, a very good decontaminant is created. 7. Iodine. The characteristics of chlorine and iodine are similar. One of the most popular groups of decontaminants used in the laboratory is the iodophors, and Wes- codyne is perhaps the most popular. The range of dilution of Wescodyne recommended by the manufacturer is 1 oz. in 5 gal. of water giving 25 ppm of available iodine to 3 oz. in 5 gal. giving 75 ppm. At 75 ppm, the con- centration of free iodine is .0075 percent. This small amount can be rapidly taken up by any extraneous protein present. Clean surfaces or clear water can be effectively treated by 75 ppm available iodine, but difficulties may be experienced if any appreciable amount of protein is present. For bacterial spores, a dilution of 1 to 40 giving 750 ppm is recom- mended by the manufacturer. For washing the hands, it is recommended that Wescodyne be diluted 1 to 10 or 10 percent in 50 percent ethyl alcohol (a reasonably good decon- taminant itself) which will give 1,600 ppm of available iodine, at which concentration rela- tively rapid inactivation of any and all micro- organisms will occur. G. Vapors and gases. The use of formalde- hyde as a vapor or gas has already been dis- cussed. Other chemical decontaminants which have been used this way included ethylene oxide, peracetic acid, beta-propliolac- tone (BPL), methyl bromide, and ethylene amine. When these can be used in closed systems and under controlled conditions of temperature and humidity, excellent decon- tamination can be otbained. Residues from ethylene oxide must be removed by aeration; but otherwise tt is convenient to use, versatile, and noncorrosive. Paracetic acid ta corrosive for metals and rubber. BPL in the vapor form acts rapidly against bacteria, rickettsiae, and viruses. It has a half-life of 3.5 hours when mixed with water, is easily neutralized with water, and lends itself to removal by aeration. The National Institutes of Health does not recommend BPL as a decontaminant because it has been identified as a suspect carcinogen. H. Residual action of decontaminants. As noted in the preceding discussion of decon- taminant properties, many of the chemical decontaminants often have residual proper- ties that may be considered a desirable fea- ture in terms of aiding in the control of background contamination. One is cautioned, however, to consider residual properties care- Tully. Ethylene oxide used to sterilize labora- tory shoes can leave residues which cause skin irritation. Animal cell cultures, as well as viruses of interest, are also inhibited or inactivated by decontaminants persisting af- ter routine cleaning procedures. Therefore, reusable items that are routinely held in liquid decontaminant prior to autoclaving 38471 and cleaning should recelve particular atten- tion in rinse cycles. Similarly, during gen- eral area decontamination with gases or va- pors, it may be necessary to protect new and used clean items by removing them from the area or by enclosing them in gastight bags or by insuring adequate aeration following decontamination. I. Selecting chemical decontaminants for research on recombinant DNA molecules. No single chemical decontaminant or method will be effective or practical for all situations in which decontamination is required. Selec- tion of chemical decontaminants and proce- dures must be preceded by practical consid- eration of the purposes for the decontamina- tion and the interacting factors that will ul- timately determine how that purpose is to be achieved. Selection of any given procedure will be influenced by the information derived from answers‘to the following questions: 1. What is the target microorganism (s) ? 2. What decontaminants in what form are Known to, or can be expected to, inactivate the target microorganism (s) ? 3. What degree of inactivation is required? 4. In what menstruum is the microorga- nism suspended; i.e., simple or complex, on solid or porous surfaces, and/or airborne? 5. What is the highest concentration of cells anticipated to be encountered? 6. Can the decontaminant either as an aqueous solution, a vapor, or a gas reason- ably be expected to contact the microorga- nisms, and can effective duration of contact be maintained? 7. What restrictions apply with respect to compatibility of materials? 8. Does the anticipated use situation re- quire immediate availability of an effective concentration of the decontaminant or will sufficient time be available for preparation of the working concentration shortly before its anticipated use? The primary target of decontamination in the infectious disease laboratory is the microorganism under active investigation. Laboratory preparations oor infectious agents usually have titers grossly in excess of those normally observed in nature. The decontamination of these high-titer ma- terlais presents certain problems, Mainte- nance systems for bacteria or viruses are specifically selected to preserve viability of the agent. Agar, proteinaceous nutrients, and cellular materials can be extremely ef- fective in physically retarding or chemically binding active moieties of chemical decon- taminants. Such interferences with the de- sired action of decontaminants may require the use of decontaminant concentrations and contact times in excess of those shown to be effective in the test tube. Similarly, a major portion of decontaminant contact time required to achleve a given level of agent inactivation may be expended in in- activating a relatively small number of the more resistant members of the population. The current state of the art provides little information on which to predict the prob- able virulence of these survivors. These problems are, however, common to all po- tentially pathogenic agents and must always be considered in selecting decontaminants and procedures for thelr use. Microorganisms exhibit a range of resist- ance to chemical decontaminants. In terms of practical decontamination, most vegeta- tive bacteria, fungi and lipid-containing vi- ruses, are relatively susceptible to chemical decontamination. The non-lipid-containing viruses and bacteria with a waxy coating such as tubercle bacillus occupy a mid-range of resistance. Spore forms are the most re- sistant. A decontaminant selected on the basis of its effectiveness against microorganisms on* any range of the resistance scale will be ef- FEDERAL REGISTER, VOL. 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 38472 fective against microorganisms lower on the scale. Therefore, if decontaminants that ef- fectively control spore forms are selected for routine laboratory decontamination, it can be assumed that any other microorganisms generated by laboratory operations, even in high concentrations, would also be inacti- vated. An additional area that must be considered and for which there is little definitive infor- mation available is the “inactivation” of nucleic acids. Nucleic acids often have better survival characteristics under adverse con- ditions than do the intact virions and cells from which they were derived. Strong oxi- dizers, strong acids and bases, and either gaseous or aqueous formaldehyde should re- act readily with nucleic acids, Their ability NOTICES to destroy the nucleic acid being studied, however, should be confirmed in the experi- menter’s laboratory. Because of innate dif- ferences in the chemistry of RNA and DNA the effectiveness of a decontaminant for one cannot be extrapolated to the other. For ex- ample, RNA molecules are susceptible to mild alkaline hydrolysis by virtue of the free hy- droxyl group in the 2’ position, whereas DNA molecules are not susceptible to mild alka- line hydrolysis. Table II summarizes pertinent characteris- tics and potential applications for several categories of chemical decontaminants most likely to be used in the biological laboratory. Practical concentrations and contact times that may differ markedly from the recom- mendations of manufacturers of proprietary products are suggested. It has been assumed that micoorganisms will be afforded a high degree of potential protection by organic menstruums, It has not been assumed that @ sterile state will result from application of the indicated concentrations and contact times. It should be emphasized that these data are only indicative of efficacy under artificial test conditions. The efficacy of any of the decontaminants should be conclu- sively determined by individual investigators. It is readily evident that each of the de- contaminants has a range of advantages and disadvantages as well as 8 range of potentia! for inactivation of a diverse microfilor. Equal- ly evident is the need for compromise as an alternative to maintaining a veritable “drug store” of decontaminants. werecls B pak 1s DAPPURY CF PORCTICAL RECOORALOS FOR USE Ts Fut LASCRR TORE : smrKEDa emDIOALeS KONE US 1 PORTAL APPLICATION, FICTION, MOQUiNENOTE pecriars wr pewonteuns “ ° i RERARE: £ Pere YI -. es | 3 y g «i ls8 = 13 ER < ¥ 2 ae eejz las li] ¥ ds g43 3 ¥ [2822 (Slee | ul s 5 = «|. 3 = = g BE /2 wa iPs Elie Pr dE | seid § Ele a Baty feet S (be 2] 2 [set- | 3 3 $0) gy (33 is ig lst] ee! * Ele. fstisi ct clelsie| es eer ee iosie yee le le (Sez | 412] 2 lselzaie [se lez (Ese] e2| § wer[ ome | KE Ex LES EL ay el El E/E | ES eer ee (3stS 128/512 (dele | 212] 2 ise] Bele (28 £2 (ES) 22 peurin| qat. seman, crus} me we [ae ofe * ede efe rebate ‘ ‘ 2-93, CQ, OHAAC, BI-90R, BRIO Menai ie CIOS na we Jee. ejpepa ote . ete etelé ¢ ’ MEE, BREN, MERIO-WC, OF i Oier ine Cros a » ofeleje . ate efefeqgedele ‘ ‘ ‘ manne T, CLO, WOE * Weerghar na » $ epaetets » ‘ . . + . . vid v ‘ . e-sve, eave aoc & cect, Boys foe fe fas. efefa e e ° odele ‘ 7 Micthe), leopeapy]) 054 = wm jas. etapa e e ° * , ¢ ¢ ‘ Pocesoetyte - wie ol otolod « . ofe apete ‘ ‘ ore River aléshyée a u s ef etote * ° e e . . é‘ ¢ ¢ ‘ nen e wy? Ce ee ed Oe ed Oe i lee oye ° * ohelode ¢ é Ca Oornsct, Craxiee, sO eS v7 Paretacwe entyte vet | oa lof) a3]- ee of eftates wa. * ° e ed ° « ° ¢ é ‘ v é é‘ Ae aot opplicable srieat en virie, eltective \. ‘on fe iter tamale oy spiel oe Ln 908 or Phwoeinate hydrocarbon wie ferm, . onvone of 1 te 710 by volume Ja sir onlid-enponuie te pen Sars, : . Protectea tron bi ent Aixerature snd/or Merch [ndets gS Slate boverctone cr tistiog at, Meee wratleclon tecirinuat Hietioge onnent of rejection of any prodact by the RIK, : jo Rulers Le microecope and cane: VII. HOUSEKEEPING A. Introduction. Well-defined housekeep- ing procedures and schedules are essential in reducing the risks of working with etio- logic agents and in protecting the integrity of the research program. This is particularly true in the biological laboratory operating under less than total containment concepts and in all areas used for the housing of ani- mals, whether or not they have been inten-~ tionally infected. A well-conceived and well- executed housekeeping program limits physi- eal clutter that could distract the attention and interfere with the activities of labora- tory personnel at a critical moment in a po- tentially hazardous procedure, provides a work area that will not in itself be a source of physical injury or contamination, and pro- vides an area that promotes the efficient use of decontaminants in the event of the In- advertent release of a harmful agent. Less immediately evident are the benefits of es- tablishing, among personnel of widely vary- ing levels of education, an appreciation of the nature and sources of biological con~ tamination. ; Housekeeping is an omnibus term that can be interpreted as broadly or as narrowly as one chooses. It can be seen that many of the procedures found under special headings, such as decontamination, disposal, and ani- mal care, are, in reality, specific instructions for safely accomplishing otherwise routine housekeeping chores. In these safety sug- gestions for research on recombinant DNA molecules, it has been elected to address specifically only tasks of a janitorial nature under the subject of housekeeping. FEDERAL REGISTER, VOL. 41, The objectives of*houseKeeping in the bio- logical laboratory are to: 1. Provide an orderly work area conducive to the accomplishment of the research program. 2. Provide work areas devoid of physical hazards. 8. Provide a clean work area with back- ground contamination ideally held to a zero level but more realistically to a level such that extraordinary measures in sterile tech- niques are not required to maintain integ- rity of the biological systems being. researched. 4. Prevent the accumulation of materials from current and past experiments that con- stitute a hazard to laboratory personnel. 5. Prevent the creation of aerosols of haz- ardous materials as a result of the housekeep- ing procedures used. Procedures developed in the ares of house- Keeping should be based on the highest level of risk to which the personnel and integrity of the experiments will be subject. Such an approach avolds the confusion of multiple ‘practices and retraining of personnel. The primary function, then, of routine house- Keeping procedures is to prevent the accumu- lation of organic debris that (i) may harbor microorganisms that are a potential threat to the integrity of the biological systems un- der investigation, (ii) may enhance the sur-~ vival of microorganisms inadvertently re- leased in experimental procedures, (ili) may retard penetration of decontaminants, (iv) may be transferable from one area to an- other on clothing and shoes, (v) may, with sufficient buildup, become a bichazard as @ consequence of secondary aerosolization by personnel and air movement, and (vi) may cause allergenic sensitization of personnel, e.g., to animal danders. Housekeeping in animal care units has the same primary function as that stated for the laboratory and should, in addition, be as meticulously carried out in quarantine and conditioning areas as in areas used to house experimentally infected animals. No other areas in the laboratory have the con- stant potential for creation of significant quantities of contaminated organic debris than do animal care facilities, In all laboratories, efforts to achieve total decontamination and to conduct a major cleanup of the biological complex are nor- mally undertaken at relatively long time in- tervals. Routine housekeeping must be relied on to provide a work area free of significant sources of background contamination. The provision of such a work area is not simply a matter of indicating in a general way what has to be done, who will do it, and how often. The supervisor must view each task critically in terms of the potential biohazard involved, decide on a detailed procedure for its accomplishment, and provide instructions to laboratory personnel in a manner that minimizes the opportunity for misunder- standing. The following checklist outlines a portion of the items requiring critical review by the laboratory supervisor. It is not intended to be complete but is presented as an example of the detailed manner in which housekeep- ing in the biological laboratory complex must be viewed. NO. 176-——THURSDAY, SEPTEMBER 9, 1976 Administration Areas Aisles Animal Food Storage Animal Bedding Storage Biological Safety Cabinets Bench Tops and Other Work Surfaces Ceilings Change Rooms Cleaning Solution Disposal Cages and Cage Racks Dr¥ Ice Chests Deep Freeze Chests Entry and Exit Ways Equipment Storage Floors Glassware General Laboratory Equipment Cleanup Hallways Incubators Instruments Insect and Rodent Control Light Fixtures Mechanical Equipment Areas Mops Pipes—Wall and Celling Hung Refrigerators Showers Supply Storage UV Lamps Vacuum Cleaners Waste Accumulations Waste Water Disposal Others Housekeeping in the laboratory is one of the avenues that leads to accomplishing the research program safely. It is important that housekeeping tasks be assigned to personnel who are knowledgeable of the research pro- gram and special hazards of the research en~ vironment. The recommended approach to housekeeping i8 the assignment of house- keeping tasks to the research teams on an in- dividual basis for their immediate work areas and on a cooperative basis for areas of com- mon usage. Similarly, animal caretaker per~ sonnel should be responsible for housekeep- ing in animal care areas. The laboratory su- pervisor must determine the frequency with which the individual and cooperative house- keeping chores need be accomplished. He should provide schedules and perform fre- quent inspection to assure compliance. This approach assures that research work fiow patterns will not be interrupted by an alien cleanup crew, delicate laboratory equipment will be handled only by those most Knowl- edgeable of its particular requirements, and the location of concentrated biological prep- arations and contaminated equipment used in their preparation and application wlll be known. B. Floor care. Avoidance of dry sweeping and dusting will reduce the formation of nonspecific environmental aerosols. Wet mop- ping or vacuum cleaning with a high-efii- ciency particulate air (HEPA) filter on the exhaust is recommended. Careful consideration must be given to de- sign and quality in the selection of cleaning equipment and materials and in their use to prevent the substitution of one hazard for another. In the absence of overt hazardous spills, the cleaning process commonly will consist of an initial vacuuming to remove all gross particulate matter and a follow-up wet mopping with a solution of chemical de- contaminant containing a detergent. De- pending on the nature of the surfaces to be cleaned and availability of floor drains, re- moval of residual cleaning solutions can be accomplished by a number of methods. Among these are: Pickup with a partially dry mop, pickup with a wet vacuum that has an adequately filtered exhaust, or remov- al to a convenient floor drain by use of a floor squeegee. After cleaning up a spill of Infected mate- ral, the residual solution should not be NOTICES discharged to a sanitary sewer until it has been autoclaved or given further chemical treatment, such as by the addition of sodi- um hypochlorite sufficient to provide a final concentration of 500 ppm chlorine. Most household bleaches are marketed with a chlorine content of 5.25%. These in a final dilution of 1:100, yield 525 ppm of available chlorine. After allowing a contact time of 15 minutes, these solutions may be flushed down any available drain. Chlorine solutions in these high concentrations may be too corrosive for general application to floors and equipment. In any event, if solutions are used in this way, after the contact time the area should be rinsed with water. C. Dry sweeping.— While it is recommended that dry sweeping be minimized, this may be the only method available or practicable under certain circumstances. In such cases, sweeping compounds used with push brooms and dry-dust mop heads treated to suppress aerosolization of dust should be used. Sweeping compounds available from the usual janitorial supply firms fall in three categories: Wax-based compounds used on vinyl floors and waxed floor coverings. Oil-based compounds for concrete floors. Oll-based compounds with abrasives (such ag sand) to achieve a dry scouring action where much soll is present. Dry-dust mop heads can be purchased as treated disposabie units or as reusable, wash- able heads that must be treated with appro- ptiate sprays or by other means to improve their dust-capturing property. D. Vacuum cleaning. In the absence of a HEPA filter on the exhaust, the usual wet and dry industrial-type vacuum cleaner is a potent aerosol generator. The HEPA-filtered exhaust used in conjunction with a well- sealed vacuum unit, however, can negate this factor because of its ability to pass large volumes of exhaust air while retaining par- ticles with a minimum effictency of 99:97 per- cent. Wet and dry units incorporating a HEPA filter on the exhaust are available from @ number of manufacturers. There are no particular requirements with respect to the manner in which the dry vacuuming is accomplished other than te emphasize that the objective js to remove all debris and particulate matter. The manufac- turer’s directions adequately detail the fre- quency of bag changes, filter changes, and mechanical adjustments. Dry material vacuum-collected during these floor-cleaning activities is potentially con- taminated, but the nature of the risk is probably greater to the experiment than to the experimenter. It 1s wise to effect bag and filter changes and to clean out collection tanks in a manner that will avoid or mini- mize acrosolizing the contents of the vacuum cleaner. A vacuum machine that collects debris in a disposable bag is preferable to machines that collect the major debris in a tank and on an exposed primary filter. Even though it may serve as a primary filter, the disposable bag must be removed with caution. A bel- lows effect may pump dust out of the bag if its intake opening is not sealed before moving it to a plastic bag for transfer out of the area. In any event, the outer surface of the disposable bag will probably bear some dust contamination, which also may occur on inner surfaces of the machine. To avold contaminating experimental ma- terlals, the emptying of vacuum collection tanks and changing of bags and filters are best done away from the immediate labora- tory area, for example, in a small area that can be easily cleaned afterwards. The use of heavy rubber gloves is recommended when removing wastes from tanks in case broken glass ia present. After making the filter changes, all external surfaces of the imme- 38173 diate work area and the equipment should be wiped with a cloth moistened in decon- taminant, The operator might plan for a change of laboratory clothing afterwards so as to minimize carrying contamination into other areas of the laboratory. Avoid use of dry vacuum cleaning equip- ment in work with high risk agents in the open laboratory. Should it be necessary to use it, it ils recommended that gaseous ster- ilization may be used to minimize aerosoli- zation of microorganisms before waste is emptied from the vacuum container. Be- cause complete penetration of sterilizing gases into the collected dry dust may be a problem, all wastes should be placed in a plastic bag, which then is tightly closed and incinerated or disposed of in an approved manner. When dry vacuum cleaning equipment has been used within a gastight safety cab- inet system, it can be treated in an attached double-door carboxyclave (an autoclave equipped with an ethylene oxide gas sterill- zation system) to allow for removal and emptying of the collection tank. If a wet vacuum is to be used for pickup of the detergent-germicide solution from the ficor, the manufacturer's recommenda- tions on filter life should be followed. In addition, the operation of the vacuum should be closely observed for evidence of operating changes indicating restricted air- flow or, conversely, increased flow indicating filter failure. Liquids collected in the vac- uum cleaner after floor mopping will con- tain decontaminant materials. These liquids may be poured down a convenient floor drain, except in the case of cleanup wastes from an overt spill. The collected Hquid should then be autoclaved or treated with chlorine solution before disposal. Provisions should be made for regular de- contamination of the entire vacuum clean- er with formaldehyde gas or vapor, or ethyl- ene oxide. This should be done after use if the vacuum is used in any manner for cleanup of overt spills of infectious material, E. Selection of a cleaning solution. The selection of a detergent-decontaminant com- bination for routine cleaning of the labora- tory complex should be based on the require- ments of the area of greatest potential for contamination by the widest spectrum of microorganisms. With rare exception, this will be identified as the animal holding area and the expected microorganisms may well include fungi, viruses, and the vegetative and spore forms of bacteria. A decontaminat- ing solution for such a range of microorga- nisms would, however, be expensive and ex- cessively corrosive for routine use. Except in those rare instances where it can be as- sumed that pathogenic spores are being shed by laboratory animals, the risks from the spores are more likely to affect the experi- ments than the personnel. The spores tend to be associated with organic debris from bedding and food, thus offering potential for removal or at least a large initial reduc- tion in their numbers by vacuum cleaning. A wide range of cleaning solutions that are mildly sporicidal, reasonably residual, and are not destructive to the physical plant are available. Phenol derivatives in combination with a detergent have these characteristica and have been selected for routine use in a number of research facilities. There are num- erous detergent-phenolic combinations avail- able on the market. The phenols are one type of a broad spectrum of biocidal substances that inclade the mercurials, quaternary ammonium compounds, chlorine compounds, todophores, alcohols, formaldehyde, glutaral- dehyde, and combinations of alcohol with either iodine or formaldehyde. These have been discussed in Section VI. The laboratory supervisor should make a selection from those types most readily avall- FEDERAL REGISTER, VOL. 41, NO. 176-——THURSDAY, SEPTEMBER 9, 1976 38474 able which meet the general criteria of effec- tiveness, residual properties, and low corro- siveness. F. Wet mopping—two-bucket method. Wet mopping of floors in laboratory and animal care areas is, from a safety standpoint, most conveniently and efficiently accomplished using a two-bucket system. The principal feature of such a system is that fresh deter- gent-decontaminant solution is always ap- plied to the floor from one bucket, while all spent cleaning solution wrung from the mop ig collected in the second bucket. Compact dolly-mounted double-bucket units with foot-operated wringers are available from most janitorial supply houses. A freshly Jaundered mop head of the cotton string type should be used daily. This requires that @ mop with removable head be provided as opposed to a fixed-head type. In practice, the mop is saturated with fresh solution, very lightly wrung into the second pucket and applied to the floor using a figure eight mio- tion of the mop head. After every four or five strokes, the mop head is turned over and the process continued until an area of approxi- mately 100 ft? has been covered. After allow- ing a contact time of five minutes, the solu- tion is removed with either a wet vacuum cleaner with HEPA-filtered exhaust or with the wrung-out mop. The mopping is con- tinued in 100 ft? increments until the total ficor area has been covered. Floor-cleaning procedures are most effectively completed after the majority of the work force has de- parted and should progress from areas of jeast potential contamination to those of greatest potential. Before a mop head ts sent to @ laundry, it should be autoclaved. Spent cleaning fluids are disposed of by flushing down the drain. If the cleanup follows an overt spill of in- fectious material, the spent cleaning solution, after removal from the floor, should be auto-~ elaved or treated with chlorine solution. Chlorine (as household bleach) should be added to give 500 ppm and held for a contact time of 15 minutes before dumping in the sanitary sewer. G. Alternative floor cleaning method for animal care areas and areas with monolithic floors. The absence of permanently placed laboratory benches and fixed equipment, coupled with the mobility of modern cage racks, makes possible alternate floor-cleaning procedures in animal care facilities. As in all considerations of methodologies in biomedi- cal laboratory facilities, it is necessary to assess the compatibility of procedures and facilities from the hazard point of view. The alternative floor-cleaning procedure to be discussed requires that floors are completely sealed or of monolithic construction so that Hquid leakage to adjacent areas does not occur end that floor drains or wet vacuum cleaners are available. Subsequent to the removal of all debris by ary vacuum, move the cage racks to one side of the room. Cover the floor of the remaining cleared portion of the room with detergent- decontaminant solution applied at a rate of approximately one gallon per 144 ft from a one-galion tank sprayer, using a setting on the nozzle which will cause the solution to flow on and not create a spray, The nozzle is pleced close to the floor. Allow a fifteen- minute contact period; then push the clean- ing solution to the floor drain with a large floor squeegee or pick ft up with a wet Vac- uum. Allow the floor to air dry; move the cage racks into the cleaned area, and repeat the process for the remaining floor area. Floor drains in these areas should be rim-flush, et Jeast six inches in diameter, and fitted with a sereen or porous trap bucket to catch large debris that escapes the initial dry cleaning. Such screens and baskets should be emptied after treatment with a decontaminant. If space utilization does not require frequent floor washdown, pour a half-gallon of deter- NOTICES gent-decontaminant solution into the draln each week to keep the trap in the waste line filled against backup of sewer gases. VII. CLEAN-UP OF BIOHAZARDOUS SPILLS (3, 8, 10) A. Biokacardous spill in a biological safety cabinet. Chemical decontamination proce- dures should be initiated at once while the cabinet continues to operate to prevent escape of contaminants from the cabinet. 1. Spray or wipe walle, work surfaces, and equipment with a 2 percent solition of an jiodophor-decontaminant (Wescodyne or equivalent). A decontaminant detergent has the advantage of detergent activity, which is important because extraneous organic sub- stances frequently interfere with the reaction petween the microorganisms and the active agent of the decontaminant. Operator should wear gloves during this procedure. 2. Flood the top work surface tray, and, if a Class II cabinet, the drain pans and catch basins below the work surface, with a decon- taminant and allow to stand 10-15 minutes. 3. Remove excess decontaminant from the tray by wiping with a sponge or cloth soaked in a decontaminant. For Class II cabinets, drain the tray into the cabinet base, lift out tray and removable exhaust grille work, and wipe off top and bottom (underside) surfaces with a sponge or cloth soaked in a decon- taminant. Then replace in position and drain recontaminant from cabinet base into ap- propriate container and autoclave according to standard procedures, Gloves, cloth or sponge should be discarded in an autoclave pan and autociaved. B. Biohazard spill outside a bdiological sayety cabinet. 1. Hold your breath, leave the room immediately, and close the door. 2. Warn others not to enter the contaml- nated area. 3, Remove and put into a container con- taminated garments for autoclaving and thoroughly wash hands and face. 4, Wait 30 minutes to allow dissipation of aerosols created by the spill. 83. Put on a long-sleeve gown, mask, and rubber gloves before reentering the room. (For a high risk agent, & jumpsuit with tight-fitting wrists and use of a respirator should be considered). 6. Pour a decontaminant solution (5% jodophor or 5% hypochlorite are recom- mended) around the spill and allow to flow into the spill. Paper towels soaked with the decontaminant may be used to cover the area. To minimize aerosolization, avoid pour- ing the decontaminant solution directly onto the spill. 7, Let stand 20 minutes to allow an ade- quate contact time. 8. Using an autoclavable dust pan and squeege, transfer all contaminated materials (paper towels, glass, liquid, gloves, etc.) into a deep autoclave pan. Cover the pan with aluminum foil or other suitable cover and autoclave according to standard direc- tions. 9. The dust pan and squeegee should be placed in an autoclavable bag and auto- claved according to standard directions. Con- tact of reusable items with non autoclavable plastic bags should be avoided—separation of the plastic after autoclaving can be very diffi- cult. C. Radioactive biohazard spill outside a Diological safety cabinet. In the event that a pichazardous spill! also involves a radiation hazard, the clean-up procedure may have te be modified, depending on an evaluation of the risk assessment of relative biological and radiological hazard. Laboratories handling radioactive sub- stances nust have the services of a designated radiation protection officer available for con- eultation. The following procedure indicates suggest- ed variations from the biohazard spill pro- eodure (above) that should be considered when a radioactive biohazard spill occurs out- side a Biological Safety Cabinet.1 1, Holding your breath, leave the room Im- mediately and close the door. 2. Warn others not to enter the contami- rated area. 3. Remove and put in ea container con- taminated garments for autoclaving and thoroughly wash hands and face. 4. Wait thirty minutes to allow dissipa- tion of aerosols created by the spill. *Pefore clean-up procedures begin, a radta- tion protection officer should survey the spill for external radiation hazard to determine the relative degree of risk, 5. Put on a long-sleeve gown, mask, and rubber gloves before reentering the room. (For a high risk agent, a Jumpsuit with tight- fitting sleeves and a respirator should be ccn- sidered). 6. Pour a deconiaminant solution (5% lodc- phor or 5 hypochlorite are recommended) aronnd the spill and allow to flow into the spill. Paper towels soaked with the decon- taminant may be used to cover the area. Tc minimize aerosolization, avoid pouring the decontaminant solution directly onto the spill. 7. Let stand 20 minutes to allow adequaie disinfectant contact time. 8. tin most cases, the spill will involve nC or +H, which present no external hazard. However, if more energetic beta or gamma emitters ere involved, care must be taken to prevent hand and body radiation exposure. The radiation protection officer must make this determination before the clean-up opera- tion is begun. If the radiation protection officer approves, the bio-hazard-handling procedure may be- gin: Using an autoclavable dust pan and squeegee, transfer all contaminated materials (paper towels, glass, liquid, gloves, etc.) into a deep autoclave pan. Cover the pan with aluminum foil or other suitable cover and autoclave according to standard directions. *If the radiation protection officer deter- mines thafiradioactive vapors may be re- leased and thereby contaminate the auto- clave, the material must not be autoclaved, In that case, sufficient decontaminant solu- tion to immerse the contents should be added to the wastes container. The cover should be sealed with waterproof tape, and the con- tainer stored and handled for disposal as radioactive waste. Radioactive and biohazara warning symbols should be affixed to the waste container. As a general rule, autociar- ing should be avoided. 9. If autoclaving has been approved, the aust pan and squeegee should be placed in an autoclavable bag and autoclaved according to standard directions. Contact of reusable items with plastic bags should be avoided— separation of the plastic after autoclaving can be very difficult. *A final radioactive survey should be made of the spill area, dust pan, and squeegee with a Geiger counter, or a smear should be taken and counted in a liquid scintillation counter. IX. A SECONDARY RESERVOIR AND FILTRATION APPARATUS FOR VACUUM SYSTEMS The aspiration of tissue culture media from monolayer cultures and of superna- tants from centrifuged samples into collec- tion vessels or reservoirs is a common pro- cedure in many laboratories. To prevent the accidental contamination by aerosols or fluids of house vacuum systems or labora- tory pumps, some investigators have in- stalled side arm flasks containing cotton, sulfuric acid or decontaminant between the reservoir and the vacuum line, Cotton it not completely effective as a filtering agent, 3 Changes in procedures have been starred and italicized. FEDERAL REGISTER, VOL. 43, NO. 176-—THURSDAY, SEPTEMBER 9, 1976 sulfuric acid will corrode pipes, and con- taminants may lose their inactivating abil- ity upon standing. The introduction of a cartridge-type filter that is moisture resist- ant and has a rated capacity to remove particles 350 mm (0.35u) or larger in size provides an effective barrier to virus aerosols. The secondary reservolr and filtration ap- paratus can be assembled from readily avail- able units as shown in Figure 1. A length of plastic tubing 4% inch I.D x ‘ig inch wall is attached at one end of the reservoir and at the other end to the lower arm of a filtration and media storage flask. These fiasks vary in capacity from 250 to 4000 mi, the choice of flask depending on available space and amount of fluid that could be accidentally aspirated. A second tube ‘of the same dimensions js attached from the upper arm of the flask to the inlet port of the disposable filter assembly. The third tube is attached from the filter assembly to a@ vacuum source. The tubes are securely held to the filter by fittings supplied with the filter and the other tubing connections can be secured by worm drive hose clamps. Ideally the flask should be placed higher than the reservoir of collection vessel. If fluid is accidentally drawn into the flask, the Hquid can drain back into the resérvoir by gravity if the connection at the vacuum line is broken. This prevents the loss of fluid which the investigator needs to retain. Should the flask be used only for the re- covery and storage of waste fluids, then the addition of a few grams of Dow Corning Antifoam A to the flask will reduce violent foaming of fluids aspirated into it. Such fluids can be decontaminated by introducing into the reservoir a final 5% concentration of an iodophor or other appropriate decon- taminant, holding for 30 minutes and drain- ing as above. If the filter becomes contaminated or re- quires changing, the filter and flask can be safely removed by clamping the line between filter and vacuum source. The filter and flask should be autoclaved before the filter is discarded. A new filter can then be installed and the assembly replaced. APPENDIY O, Page 9-79 Ree + @ SECONDARY REDSAVOR Ang TATHaT om APPA tOT ee ECO RL ASI Weal 7 FE hs nace, ioe wa Coe sone B Depceeme fear etteeity CUetpor OFk, Pom Tontz Bet Carre cies Wren, ak Colsieng NA MEVECOMMAR acs th eure ee a Ficeure X. PACKAGING AND SHIPPING A, Introduction. Federal regulations and carrier tariffs have been promulgated to ensure the safe transport of hazardous bio~ FEDERAL REGISTER, VOL. 41, NO. NOTICES logical materials. The NIH Guidelines specify that all DNA recombinant materials will be packaged and shipped in containers that meet the requirements of these regulations and carrier tariffs. In addition when any por- tion of the recombinant DNA material is derived from an etiologic agent Hsted in paragraph (c) of 42 CFR 72,25 (which 1s included at the end of this section, page D-85) the labeling requirements in these reg- ulations and carrier tariffs shall apply. B. Packaging of recombinant DNA mate- rials. 1. Volume less than 50 ml. Material shall be placed in a securely closed, water- tight container [primary container (iest tube, vial, etc.)] which shall be enclosed in @ second, durable watertight container (secondary container). Several primary con- tainers may be enclosed in a single secondary container, if the total volume of all the primary containers so enclosed does not ex- ceed 50 ml. The space at the top, bottom, and sides between the primary and secondary containers shall contain sufficient nonpar- ticulate absorbent material to alsorb the entire contents of the primary container (s) in case of breakage or leakage. Each set of primary and secondary containers shall then be enclosed in an outer shipping container constructed of corrugated fiberboard, card- board, wood, or other material of equivalent strength. If dry ice is used as a refrigerant, it must be placed outside the secondary container(s). er(s). Descriptions of this packaging method are given in Table III. 2. Volumes of 50 ml or Greater. Material shall be placed in a securely closed, water- tight container (primary container) which shall be enclosed in a second, durable water- tight container (secondary container). Single primary containers shall not contain more than 500 ml. of material. However, two or more primary containers whose combined volumes do not exceed 500 ml. may be placed in a single secondary container. The space at the top, bottom, and sides between the primary and secondary containers shall con- tain sufficient non-particulate absorbent ma- terial to absorb the entire contents of tha primary container(s) in case of breakage or leakage. Each set of primary and secondary containers shall then be enclosed in an outer shipping container constructed of corrugated fiberboard, cardboard, wood, or other ma- terial of equivalent strength. A shock absorb- ent material, in volume at least equal to that of the absorbent material between the pri- mary and secondary containers, shall be placed at the top, bottom, and sides between the secondary container and the outer ship- ping container. Not more than eight sec- ondary shipping containers may be enclosed in a single outer shipping container. (The maximum amount of materials which may 38475 be enclosed within a single outer shipping container should not exceed 4,000 ml). If dry ice is used as a refrigerant, it must be placed outside the secondary container(s). If dry ice is used between the secondary con- tainer and the outer shipping container, the shock absorbent material shall be placed so that the secondary container does not become loose inside the outer shipping container as the dry ice sublimates. Descriptions of packages which comply with the regulations of the Department of Transportation (DOT) are given in Table IV. C. Labeling of packages containing re- combinant DNA naterials. 1. Materials which do not contain any portion of an etiologic agent listed in paragraph (c) of 42 CFR 72.25. Material data forms, letters, and other information identifying or describing the material should be placed around the out- side of the secondary container. Place only the address label on the outer shipping con- tainer. DO NOT USE THE LABEL FOR ETIOLOGIC AGENTS/BIOMEDICAL MATERIAL. 2. Materials which contain any portion of an etiologic agent Hsted in paragraph (c) of 42 CFR 72.25, Material data forms, letters, and other information identifying or describing the material should be placed around the outside of the secondary container. In addition to the address label, the label for Etiologic Agents/Biomedical Material must be affixed to the outer shipping container. This label is described in paragraph (c)(4) of 42 CFR 72.25. 3. Materials which contain any portion of a plant pest (plant pathogens) which are so defined by the Department of Agriculture (USDA). Material data forms, letters, and other in- formation identifying or describing the ma- terial should be placed around the outside of the secondary container. In addition to the address label, the shipping labels fur- nished by the USDA as part of the General, Courtesy, or Special Permits required for re- search with and shipment of such agents shall be affixed to the outer shipping container. D. Additional shipipng requirements and limitations for recombinant DNA mate- rials —1, Domestic Transportation. Civil Aeronautics Board Rule No. 82 (Air Trans- port Association Restricted Articles Tariff 6-D) requires that a Shipper's Certificate, depicted below, be completed and affixed to all shipments which bear the ETIOLOGIC AGENT/BIOMEDICAL MATERIALS label re- quired under the provisions of the Inter- state Quarantine regulations (42 CFR 72.25(c)). The Certificate must be com- pleted in duplicate and affixed to the outer shipping container. This Is to certify that the contents of this consignment are properly classified. described by pronee shipping name and are packed. marked and labelled and are in proper condition for carriage by nig according to all applicable carrier and government regulations. {For international shisments add “and to the JATA Restricted Articles Regulutions’J This cons.anment {ts within the limitations Drescribed for: PASSENGER AIRCRAFTICARGO ONLY {cross out nonapplicabie). Number of Specify Each Article Separately : . Net Quantity Packages (Proper Shipping Name) Classification per Package ETIOLOGIC AGENT, n.0.8. ETIO. AG, Shipper: Dete . Bignsture of Shipped 176—THURSDAY, SEPTEMBER 9, 1976 38476 Shipments of recombinarit DNA Materiala exceeding 50 ml in volume and containing any portion of an etiologic agent listed in paragraph (c) of 42 CFR 72.25 are restricted, by DOT regulations, to transport by sargo only aircraft. When the volume of a single primary container exceeds the 60 ml limita- tion, this restriction must be indicated on the Shipper’s Certificate by crossing out “Passen- ger Aircraft”. When dry ice is used as 8 refrigerant an “ORA—Group A—DRY ICE LABEL” should be affixed to the outer shipping container. NOTICES The amount of dry ice used and the date packed should be designated on the label. 2, International Transportation.—in addi- tion to the packaging and labeling require- ments of the regulations previously cited, in- ternational shipments of recombinant DNA materials in which any portion of the mate- yial is derived from an etiologic agent listed in paragraph (c) of 42 CFR 72.25 must have one or more of the following documents— depending on the country of destination: (1) Parcel Post Customs Declaration (PS 2966) tag. APPENDIX D, Pace D-83 TABLE TIL (2) Parce) Post Customs Declaration (PS 2966—A) label. - (3) International Parcel Post—Instructions Given by Sender (POD 2922) label. (4) Dispatch note (POD 2972) tag (5) “Violet Label” (6) Shipper’s Certificate specified In the current International Air Transport Associa- tion Teriff. Individual country requirements are listed in “International Postage Rates and _ Fees” (USPO Publication 51). Description of Packager for Material tn Volume lest then 50 wl, Wolune Primary Gut) Container 35 Sealed viel(s) or onali mex. glace test tube, ecrew cept @¥ stopper, taped x One 20 x 150 on teat tubs, Ci Gaped* etopper cr multiple Joes wal) viale » Plastic’ screw cap* bottle on or Pyrex glass with ekire less zubdbey stopper | so Multiple watercight viale or or * tubes, taped stoppers Jess fhe Qlexibiliey of the pleetic bottle requires that # atopper ox screw cap flat-sided preacription bottle fa too fragile for use, For air transport, and all ecrew-cepped container of unfrozen Liquid must be that may result dn leakage past the acrew cap, place vith wire, tepe, or other means, at both ende to prevent atmospheric: decompresalon ©0.D, = outside dimenaions. af Monparticulete absorbent material at Bi 610 x 708 and 804 x 906 are trade designations for ovtelde dimensions of §-10/16 Inches diemeter x 7-8/16" height, and B-4/26" ae} Wone required, but with the 306 x 400 cans or larger cane u df If mteriale are to ba refrigerated, @hipping container, Gerben dioxide, top, bottom and eided that will completely abaork contents 4¢ da recommended that an overpack be use A leak proof outer container must be used for water ice. Becondary Packing Container af Hetai can 2" diam, x 2" O.D, metal ecrew cap al Metal can 2-1/2" diam, x 6-2/2" high 0,D, screw fap s/ Metal can 2-1/2" dian. x 6-1/2" high 0,D. ecrew cap al One or more Priction- weal tin cana b/ 306 x 400 - or larger he secured in place by adhesive tape, The all stoppers, corks, and cape oa primary containers must be secured in placed in $ or 6 wil polyvinyl tubing heat-sealed Outer Shipping £/ Packing Container one Fiberbody; metal screw Required eaep, top and Letton; A-1/2" dion, % 7 to 7-1/2" O.De Rona Fiberbody; metal ecrew Required gap, top and bottom; 3-1/4" diem, x 7 fo 7-1/2" 0.0, Rene Fiberbody; metal acrew Required. cap, top and bottom) 3-1/4" ‘diam, #7 to 7-1/2" OD. cf Fiberboard box pousl equivalent-eize glase of the prinery contelner{e). x 9-8/16". ae xuffictent nonparticulate shock-absorbent material to prevent rattling. d@ to contain the refrigerant and the secured (original) outer If dry ice ie used the outer tontainer muet permit release of Interior eupporte must be provided to hold the container(e) in the original position(s) after wet ox dry ice haa Blesipated, FEDERAL REGISTER, VOL, 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 ‘NOTICES 88497 TABLE 1¥ Besediption of Packages for Material {nm Volumes of 50 al or greater * . Packing Suter Shipping Container Yoluse Primary Secondary With Without With Without (al) Container Packing Container Refrigerant Refrigerant Refrigerant Refrigerant S81 te Plaatic® or Pyrex af Conatsts of metal con- Styrofoam box shock= cf Piberboard box closely Corrugated fiber= 100 al glass screw cap* tainer & outer container absorbent insulation fitting the atyrofoam board or cardboard bottle; cubber or speciffed in Table ILL box, taped shut box, taped ahut ekire rubber stopper, Cuped® 103 Oria 100 wl plasticA af No. Jerimp seal tin dan Styrofoam box shocks = ef Fiberboard box closely Y¥3C cardboard bax max, screw cap* narrow 404 x 700 or a 1-gallon absorbent insulation iecing the styrofoam PS) type, 9-3/16 neck bottle or friction-seal tin can, box, taped shut x 9-3/16" x 11-1/6" Pyrex glase, taped®# 610 x 708, top acldered high 0.0. taped, er clipped st 4 points bf shue with 3” type Fad tape 200 Two 100 ml plastic® al No, 3 crimp seal tin can Styrofoam box shock= of Piberboard box closely V3C cardboard box max, screw cap* bottles 404 x 700 or a I~gallon absorbent {neuiation fitting the styrofoam PS3 type, 9-3/16% or Pyrex glass, teped friction-seal tin can, box, taped shut x 9-3/16" x L1-1/4" 610 x 708, top soldered high 0.D. taped or clipped at 4 pointe bf shut with 3" type 2 PS) tape a ao 250 One 250 wk, plastic& af No, J crimp aeal tin can Styrofoam box shocks ef Fiberboard box closely V3C cardboard box od max, farrow mouth acrew . 404 x 700 or a 1-~gallon absorbent inauletion fitting the styrofoam PSI type, 9-3/16" cap* bottle or Pyrex friction-seal tin can, box, taped shut x 9-3/16" x 11-2/46" FF Blass skirted rubber 610 x 708, top soldered o¢ high 0.D, taped — stopper, taped@ Clipped at 4 pointe b/ whut with 3" type 3 PS] tape 2 300 Two 250 ol plastict af 2-galion Frictlon-seal tin Styrofoam box shock« gv Fiberbosrd box closely VIC cardboard box zg max, actew cap* bottles can, 804 x 908, top absorbent ineulatioa Ficting the atycofoem = 22-2/4" x 12-1/4" oc Pyrex glass bottles, aoldered or clipped at & box, faped shut x 10-3/16" high taped pointa b/ O.D. taped shut with 3" wide Psd gape, $00 500 ml Pyrex gloss al No, 12 eriap meal tin ean — Styrofoaa box ahock= = ef Fiberboard box closely V3C cardboard box max, bottle, rubber-shice 603 x 810 2-galion Friction~ absorbent inaulatton Citting the styrofoam = 12-1/4" x 12-174 “tha Flexibility of the plastic bottle requires that a stopper or screw cap be secured in place by adhesive tapes Yor air trenaport, alk stoppers, corks, and cape om primary containers must be secured ia flat-eided prescription bottle ts toe fragile for use. quid must be placed in § or 6 mil polyvinyl tubing heat-sealed Place with wire, cape, or other meane, and all serew-capped containera of unfrozen 1i stopper, taped, of 500 mi plastic® bottle, narrow or wide pouth, screw cap*, taped weal tin can, 804 x 906, top soldered or clipped at 4 points b/ et both ends to prevent atmospheric decompression that may result tn leakage past the ecrew cap, 0,D. = outeide dimenatona, dox, taped shut o/ Nonparticulate absorbent oatecdal at top, bottom and aldes that will completely absorb contents of the primary contalner(a), xu 10-3/16" high O.D. taped ahue with 3“ wide 253 tape. For the fo, 12 can @ cardboard box fe ok taped ebut Tha usual equivalant-alze plese B/ 610 x 708 and 804 x 908 are trade designations for outatde dimensions of 610/16 inches dismeter x 2-8/16" hetght, and B-A/16" x 9-B/16%. gf Shock absorbent material, in volume at least the escondary container and the not becone loose inside the outer ehipping container ae th. outer shipping container. equal to that between tha primary and secondary container(e), at the top, The shock absorbent material ehall be eo placed that the eecondary contalaer(e) deep je water ice or dry ice fe diesipsted. FEDERAL REGISTER, VOL, 41, NO. 176—THURSDAY, SEPTEMBER 9, 1976 bottom, and eldes betvess 38478 NOTICES APPENDIX D, Page D-85 ATTACHMENT 1 DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE _ PUBLIC HEALTH SERVICE CENTER FOR DISEASE CONTROL ATLANTA, GEORGIA 30333 Telephone: (404) 633-3313, Ext. 3683 TITLE 42—PUBLIC HEALTH Chapter I~Public Health Service, Department of Health, Education, and Welfare SUBCHAPTER F-QUARANTINE, INSPECTION; LICENSING Section 72.25 of Part 72, Title 42, Code of Federal Regulations, is amended to greed as follows: $72.23 Etiologic agents (a) Definitions. As used in this sec~ lon: aD An “etiologic agent’ means a vi-+ able microorganism or its toxin which * gauses, or may cause, human disease. QA “diagnostic specimen” means any human or animal material in¢lud- ang, but not limited to, excreta, secreta. blood and its components, tissue, and tissue fluids being shipped for purposes of diagnosis. (3) A “biological product” means & Dlological product prepared and manu- Yactured in accordance with the provi- sions of 9 CFR Part 10, Licensed Veteri- Nary Biological Products, 42 CFR Part 73, Zicénsed Human Biclogical Products. 21 CFR 130.3, New drugs for investigational usein humans, 9 CFR Part 103, Biological Products for Experimental Treatment of Animals, or 21 CFR 120.3(a), New drugs for investigational use in animals, and Which, in accordance with such provi- aions, may be shipped in interstate traffic,