Viruses, Serums, Toxins, and Analogous Products; Standard Requirements for Live Vaccines, 4470-4472 [E7-1531]
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4470
Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Proposed Rules
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 113
Animal biologics, Exports, Imports,
Reporting and recordkeeping
requirements.
Accordingly, we propose to amend 9
CFR part 113 as follows:
PART 113—STANDARD
REQUIREMENTS
1. The authority citation for part 113
would continue to read as follows:
Authority: 21 U.S.C. 151–159; 7 CFR 2.22,
2.80, and 371.4.
2. Section 113.31 would be revised to
read as follows:
mstockstill on PROD1PC62 with PROPOSALS
§ 113.31 Detection of extraneous
replicating avian leukosis virus.
A test that will detect extraneous
replicating avian leukosis virus and that
is acceptable to the Animal and Plant
Health Inspection Service (APHIS) shall
be conducted on all biological products
containing virus that has been
propagated in substrates of chicken
origin: Provided, An inactivated viral
product will be exempt from this
requirement if the licensee can provide
data that demonstrates to APHIS that
the agent used to inactivate the vaccine
virus would also inactivate lymphoid
leukosis virus.
(a) Propagation of extraneous
lymphoid leukosis viruses shall be done
in chick embryo cell cultures or other
substrate acceptable to APHIS.
(1) Each vaccine virus cytopathic to
the cell culture being used shall be
effectively neutralized, inactivated, or
separated so that minimal amounts of
extraneous replicating lymphoid
leukosis virus can be propagated during
the specified growth period. If the
product cannot be tested for extraneous
replicating lymphoid leukosis virus
because the vaccine virus cannot be
effectively neutralized, inactivated, or
separated, an alternative procedure
acceptable to APHIS shall be specified
in the filed Outline of Production.
(2) When cell cultures are tested, 5
mL of the final cell suspension as
prepared for seeding of production cell
cultures shall be used as inoculum.
When vaccines are tested, the
equivalent of 200 doses of cytopathic
vaccine viruses, including Newcastle
disease vaccine, bursal disease vaccine,
tenosynovitis vaccine, and reovirus
vaccine, or 500 doses of other vaccines
for use in poultry, or 1 dose of vaccine
for use in other animals shall be used as
inoculum. Control cultures shall be
prepared from the same cell suspension
as the cultures for testing the vaccine.
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15:07 Jan 30, 2007
Jkt 211001
(3) Uninoculated chick embryo
fibroblast cell cultures shall act as
negative controls. One set of chick
fibroblast cultures inoculated with
subgroup A virus and one set of chick
fibroblast cultures inoculated with
subgroup B virus shall act as positive
controls A and B, respectively.
(4) The cell cultures shall be passed
when necessary to maintain viability,
and samples harvested from each
passage shall be tested for groupspecific antigen.
(b) A test that will detect extraneous
replicating lymphoid leukosis virus and
that is acceptable to APHIS shall be
used.
(1) All test materials, including
positive and negative controls, shall be
stored at ¥60 °C or colder until used in
the test.
(2) The test procedure, including the
cutoff value indicative of a positive test
for extraneous replicating lymphoid
leukosis virus, shall be specified in a
filed Outline of Production or Special
Outline.
(3) The detection of extraneous
replicating lymphoid leukosis virus at
the first passage shall be considered
suspicious and the sample shall be
further subcultured and tested to
determine the presence of extraneous
replicating lymphoid leukosis virus.
(4) Biological products or primary
cells that are found contaminated with
lymphoid leukosis viruses are
unsatisfactory. Source flocks from
which contaminated material was
obtained are also unsatisfactory.
Done in Washington, DC this 25th day of
January 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–1528 Filed 1–30–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 113
[Docket No. APHIS–2006–0079]
RIN 0579–AC30
Viruses, Serums, Toxins, and
Analogous Products; Standard
Requirements for Live Vaccines
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: We are proposing to amend
the Virus-Serum-Toxin Act regulations
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Fmt 4702
Sfmt 4702
for certain live bacterial and viral
vaccines by removing the requirement
to retest the Master Seeds for
immunogenicity 3 years after the initial
qualifying immunogenicity test. In
addition, we are proposing to amend the
requirement concerning mouse safety
tests prescribed for a biological product
recommended for animals other than
poultry. These proposed changes would
update the standard requirements by
eliminating unnecessary testing of
Master Seed bacteria and viruses and
other forms of bulk or completed
biological product.
DATES: We will consider all comments
that we receive on or before April 2,
2007.
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov, select
‘‘Animal and Plant Health Inspection
Service’’ from the agency drop-down
menu, then click ‘‘Submit.’’ In the
Docket ID column, select APHIS–2006–
0079 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. APHIS–2006–0079,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2006–0079.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Albert P. Morgan, Chief Staff Officer,
Operational Support Section, Center for
Veterinary Biologics, Policy, Evaluation,
and Licensing, APHIS, USDA, 4700
ADDRESSES:
E:\FR\FM\31JAP1.SGM
31JAP1
Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Proposed Rules
River Road Unit 148, Riverdale, MD
20737–1228; (301) 734–8245.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC62 with PROPOSALS
Background
The Virus-Serum-Toxin Act
regulations in 9 CFR part 113 (referred
to below as the regulations) contain
standard procedures and requirements
that are used to establish the purity,
safety, potency, and efficacy of
veterinary biological products. Current
standard requirements in the regulations
for certain live bacterial and viral
vaccines require each lot of Master Seed
virus or bacteria used for vaccine
production to be tested for the ability to
provoke an immune response
(immunogenicity) prior to licensure. In
addition, the regulations require such
Master Seed virus and bacteria to be
retested 3 years after completion of the
initial immunogenicity test to confirm
persistence of the ability to provoke an
immune response.
The requirement to periodically
confirm the immunogenicity of a Master
Seed has been in place since the
adoption of the master seed concept for
vaccine production; and had been
considered necessary by APHIS until
such time that an accumulation of data
derived from such confirmatory testing
established the antigenic stability of
Master Seed bacteria and viruses over
extended periods of storage. APHIS’
analysis of data submitted by veterinary
biologics licensees over several years
has shown that the immunogenicity of
the Master Seed is not adversely
affected over extended periods of
storage. Therefore, the requirement to
retest Master Seed bacteria and viruses
for immunogenicity 3 years after
completion of the initial
immunogenicity test is no longer
considered necessary and would be
removed. The elimination of such
testing would result in a reduction in
testing costs for veterinary biologics
licensees and permittees.
Mouse Safety Tests
Safety tests are conducted to ensure
that veterinary biologicals are free from
properties causing undue local or
systemic reactions. When the mouse
safety test is prescribed in a standard
requirement or filed Outline of
Production for veterinary biologicals,
the current regulations in § 113.33
specify that vaccine must be tested by
inoculating one group of eight mice
intracerebrally with 0.03 mL of vaccine
and a second group of eight mice
intraperitoneally with 0.5 mL of
vaccine. Recent data, however, show
that inoculating mice subcutaneously
with 0.5 mL of vaccine is as effective as
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15:07 Jan 30, 2007
Jkt 211001
intracerebral inoculation with 0.03 mL.
Therefore, we are proposing to amend
the regulations regarding the mouse
safety test by removing the reference to
intracerebral inoculation with 0.03 mL
of vaccine and replacing it with a
reference to subcutaneous inoculation
with 0.5 mL of vaccine. The
subcutaneous and intraperitoneal routes
of inoculation are considered equally
sensitive for the purposes of the mouse
safety test. Therefore, we are also
proposing to amend the regulations to
provide that only one route of
inoculation—either the subcutaneous
route or intraperitoneal route—be used
in the test, rather than two routes as is
currently required, and that the test be
performed on a single group of eight
mice, rather than the two groups of eight
currently required. Although this
proposed change would reduce the level
of testing required by the regulations,
we do not anticipate that the reduction
in the number of mice used in the safety
test would result in an increased
number of vaccine-associated local or
systemic reactions.
These proposed amendments would
update the standard requirements for
veterinary biological products by
eliminating test procedures which are
no longer necessary to ensure the safety
of veterinary biologics.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866 and,
therefore, has not been reviewed by the
Office of Management and Budget.
We are proposing to amend the
regulations for certain live bacterial and
viral vaccines to eliminate the
requirement to retest the Master Seed
for immunogenicity 3 years after the
initial qualifying immunogenicity test.
In addition, this proposed amendment
would update the regulations
concerning mouse safety tests by
requiring either intraperitoneal or
subcutaneous inoculation of mice in
place of the current requirement to
inoculate mice intracerebrally and
intraperitoneally. These proposed
amendments, if adopted, would remove
test procedures that do not provide
additional assurance that such products
are not worthless, contaminated,
dangerous, or harmful.
This proposed rule would affect
veterinary biologics licensees and
permittees producing live bacterial and
viral vaccines and/or conducting the
mouse safety test. According to the 2006
Current Veterinary Biologics Product
Catalog, there are approximately 122
licensed and 21 permittee veterinary
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
4471
biologics establishments. The majority
of these establishments produce
veterinary products and would be
affected by this proposal. The entities
are classified under North American
Industrial Classification System
(NAICS) code 325414, Biological
Product Manufacturing, and NAICS
code 541710, Research and
Development in the Physical,
Engineering and Life Sciences. The
small entity size standard for both
groups is 500 or fewer employees.
According to the Small Business
Administration, most veterinary
biologics establishments would be
classified as small entities. In 2002,
there were 296 establishments in the
Biological Product Manufacturing
subsector, 96 percent of which had
fewer than 500 employees. However,
APHIS does not have the 2006
information on the sizes of all
potentially affected entities.
The proposed changes would reduce
testing costs for those entities by
eliminating the requirement to retest the
Master Seed for immunogenicity 3 years
after the initial qualifying
immunogenicity test. The proposed
changes would also reduce, by half, the
number of mice used in mouse safety
tests by requiring either intraperitoneal
or subcutaneous inoculation of mice in
place of the current requirement to
inoculate mice both intracerebrally and
intraperitoneally. By revising the mouse
safety test, it would only be necessary
to test mice by requiring inoculation
either intraperitoneally or
subcutaneously. Reducing the number
of mice needed for inoculation would
therefore decrease the total cost of
laboratory testing.
This proposal would not impose any
additional economic burden upon the
establishments because it actually
eliminates testing requirements for the
Master Seed and reduces the number of
mice, by half, to be tested. The overall
effects of this action would be to reduce
the costs associated with producing and
testing veterinary and biological
products. APHIS has been unable to
quantify the potential cost savings, and
welcomes public comment on the
savings that would be afforded by the
proposed rule. While the overall effect
of this action would be to reduce the
costs associated with producing and
testing veterinary biological products,
we do not expect the amount saved
would represent a significant percentage
of overall costs.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action would not
E:\FR\FM\31JAP1.SGM
31JAP1
4472
Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Proposed Rules
have a significant economic impact on
a substantial number of small entities.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. This rule would
not preempt any State or local laws,
regulations, or policies unless they
present an irreconcilable conflict with
this rule. The Virus-Serum-Toxin Act
does not provide administrative
procedures which must be exhausted
prior to a judicial challenge to the
provisions of this rule.
Paperwork Reduction Act
This proposed rule contains no new
information or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
tested by inoculating eight mice
intraperitoneally or subcutaneously
with 0.5 mL, and the animals observed
for 7 days.
(2) If unfavorable reactions
attributable to the product occur in any
of the mice during the observation
period, the serial or subserial is
unsatisfactory. If unfavorable reactions
which are not attributable to the product
occur, the test shall be declared
inconclusive and may be repeated:
Provided, That, if the test is not
repeated, the serial or subserial shall be
declared unsatisfactory.
*
*
*
*
*
§ 113.310
§§ 113.66, 113.68, and 113.69
§§ 113.313 and 113.328
[Amended]
§ 113.70
[Amended]
6. In § 113.70, paragraph (b)(5) would
be removed.
PART 113—STANDARD
REQUIREMENTS
8. In § 113.303, paragraph (c)(6)
would be removed.
1. The authority citation for part 113
would continue to read as follows:
§ 113.302, 113.304, 113.314, 113.315,
113.317, 113.327, 113.331, and 113.332
[Amended]
mstockstill on PROD1PC62 with PROPOSALS
*
*
*
*
*
(d) Extending the dating of a
reference. * * *
*
*
*
*
*
3. In § 113.33, paragraphs (a)(1) and
(a)(2) would be revised to read as
follows:
§ 113.33
*
*
*
*
*
(a) * * *
(1) Vaccine prepared for use as
recommended on the label shall be
VerDate Aug<31>2005
15:07 Jan 30, 2007
§ 113.303
Jkt 211001
[Amended]
[Amended]
9. In §§ 113.302, 113.304, 113.314,
113.315, 113.317, 113.327, 113.331, and
113.332, paragraph (c)(4) would be
removed and paragraph (c)(5) would be
redesignated as paragraph (c)(4).
§ 113.305
[Amended]
10. In § 113.305, paragraphs (b)(1)(iii)
and (b)(2)(iii) would be removed and
paragraph (b)(2)(iv) would be
redesignated as paragraph (b)(2)(iii).
§§ 113.308 and 113.316
[Amended]
11. In §§ 113.308 and 113.316,
paragraph (b)(5) would be removed and
paragraph (b)(6) would be redesignated
as paragraph (b)(5).
§ 113.309
Mouse safety tests.
[Amended]
15. In § 113.312, paragraphs (b)(5)
and(b)(6) would be removed and
paragraph (b)(7) would be redesignated
as paragraph (b)(5).
[Amended]
§§ 113.325 and 113.326
[Amended]
5. In § 113.67, paragraph (b)(7) would
be removed and paragraph (b)(8) would
be redesignated as paragraph (b)(7).
7. In §§ 113.71, 113.306, and 113.318,
paragraph (b)(4) would be removed and
paragraph (b)(5) would be redesignated
as paragraph (b)(4).
In vitro tests for serial release.
§ 113.312
§ 113.67
Animal biologics, Exports, Imports,
Reporting and recordkeeping
requirements.
Accordingly, we propose to amend 9
CFR part 113 as follows:
§ 113.8
[Amended]
14. In § 113.311, paragraph (c)(7)
would be removed and paragraph (c)(8)
would be redesignated as paragraph
(c)(7).
16. In §§ 113.313 and 113.328,
paragraph (c)(6) would be removed and
paragraph (c)(7) would be redesignated
as paragraph (c)(6).
§§ 113.71, 113.306, and 113.318
2. In § 113.8, paragraph (d) would be
amended as follows:
a. By revising the heading to
paragraph (d).
b. By removing paragraph (d)(1).
c. By removing the paragraph
designation ‘‘(d)(2)’’.
§ 113.311
4. In §§ 113.66, 113.68, and 113.69,
paragraph (b)(6) would be removed and
paragraph (b)(7) would be redesignated
as paragraph (b)(6).
List of Subjects in 9 CFR Part 113
Authority: 21 U.S.C. 151–159; 7 CFR 2.22,
2.80, and 371.4.
[Amended]
13. In § 113.310, paragraph (c)(8)
would be removed and paragraph (c)(9)
would be redesignated as paragraph
(c)(8).
[Amended]
12. In § 113.309, paragraph (c)(9)
would be removed and paragraph (c)(10)
would be redesignated as paragraph
(c)(9).
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Frm 00010
Fmt 4702
Sfmt 4702
[Amended]
17. In §§ 113.325 and 113.326,
paragraph (c)(5) would be removed and
paragraph (c)(6) would be redesignated
as paragraph (c)(5).
§ 113.329
[Amended]
18. In § 113.329, paragraph (c)(5)
would be removed and paragraphs (c)(6)
and (c)(7) would be redesignated as
paragraphs (c)(5) and (c)(6),
respectively.
Done in Washington, DC, this 25th day of
January 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–1531 Filed 1–30–07; 8:45 am]
BILLING CODE 3410–34–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2006–0973; FRL–8274–8]
Approval and Promulgation of
Implementation Plans; State of Kansas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a request to revise the State
Implementation Plan (SIP) made by the
state of Kansas to include updates to its
Prevention of Significant Deterioration
(PSD) of Air Quality rule. The Kansas
revision adopts by reference provisions
of 40 CFR 52.21 as in effect July 1, 2004,
except for subsections with references to
Clean Unit Exemptions, Pollution
Control Projects, and the record keeping
E:\FR\FM\31JAP1.SGM
31JAP1
Agencies
[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Proposed Rules]
[Pages 4470-4472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1531]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 113
[Docket No. APHIS-2006-0079]
RIN 0579-AC30
Viruses, Serums, Toxins, and Analogous Products; Standard
Requirements for Live Vaccines
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the Virus-Serum-Toxin Act
regulations for certain live bacterial and viral vaccines by removing
the requirement to retest the Master Seeds for immunogenicity 3 years
after the initial qualifying immunogenicity test. In addition, we are
proposing to amend the requirement concerning mouse safety tests
prescribed for a biological product recommended for animals other than
poultry. These proposed changes would update the standard requirements
by eliminating unnecessary testing of Master Seed bacteria and viruses
and other forms of bulk or completed biological product.
DATES: We will consider all comments that we receive on or before April
2, 2007.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0079 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0079, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0079.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Albert P. Morgan, Chief Staff
Officer, Operational Support Section, Center for Veterinary Biologics,
Policy, Evaluation, and Licensing, APHIS, USDA, 4700
[[Page 4471]]
River Road Unit 148, Riverdale, MD 20737-1228; (301) 734-8245.
SUPPLEMENTARY INFORMATION:
Background
The Virus-Serum-Toxin Act regulations in 9 CFR part 113 (referred
to below as the regulations) contain standard procedures and
requirements that are used to establish the purity, safety, potency,
and efficacy of veterinary biological products. Current standard
requirements in the regulations for certain live bacterial and viral
vaccines require each lot of Master Seed virus or bacteria used for
vaccine production to be tested for the ability to provoke an immune
response (immunogenicity) prior to licensure. In addition, the
regulations require such Master Seed virus and bacteria to be retested
3 years after completion of the initial immunogenicity test to confirm
persistence of the ability to provoke an immune response.
The requirement to periodically confirm the immunogenicity of a
Master Seed has been in place since the adoption of the master seed
concept for vaccine production; and had been considered necessary by
APHIS until such time that an accumulation of data derived from such
confirmatory testing established the antigenic stability of Master Seed
bacteria and viruses over extended periods of storage. APHIS' analysis
of data submitted by veterinary biologics licensees over several years
has shown that the immunogenicity of the Master Seed is not adversely
affected over extended periods of storage. Therefore, the requirement
to retest Master Seed bacteria and viruses for immunogenicity 3 years
after completion of the initial immunogenicity test is no longer
considered necessary and would be removed. The elimination of such
testing would result in a reduction in testing costs for veterinary
biologics licensees and permittees.
Mouse Safety Tests
Safety tests are conducted to ensure that veterinary biologicals
are free from properties causing undue local or systemic reactions.
When the mouse safety test is prescribed in a standard requirement or
filed Outline of Production for veterinary biologicals, the current
regulations in Sec. 113.33 specify that vaccine must be tested by
inoculating one group of eight mice intracerebrally with 0.03 mL of
vaccine and a second group of eight mice intraperitoneally with 0.5 mL
of vaccine. Recent data, however, show that inoculating mice
subcutaneously with 0.5 mL of vaccine is as effective as intracerebral
inoculation with 0.03 mL. Therefore, we are proposing to amend the
regulations regarding the mouse safety test by removing the reference
to intracerebral inoculation with 0.03 mL of vaccine and replacing it
with a reference to subcutaneous inoculation with 0.5 mL of vaccine.
The subcutaneous and intraperitoneal routes of inoculation are
considered equally sensitive for the purposes of the mouse safety test.
Therefore, we are also proposing to amend the regulations to provide
that only one route of inoculation--either the subcutaneous route or
intraperitoneal route--be used in the test, rather than two routes as
is currently required, and that the test be performed on a single group
of eight mice, rather than the two groups of eight currently required.
Although this proposed change would reduce the level of testing
required by the regulations, we do not anticipate that the reduction in
the number of mice used in the safety test would result in an increased
number of vaccine-associated local or systemic reactions.
These proposed amendments would update the standard requirements
for veterinary biological products by eliminating test procedures which
are no longer necessary to ensure the safety of veterinary biologics.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
We are proposing to amend the regulations for certain live
bacterial and viral vaccines to eliminate the requirement to retest the
Master Seed for immunogenicity 3 years after the initial qualifying
immunogenicity test. In addition, this proposed amendment would update
the regulations concerning mouse safety tests by requiring either
intraperitoneal or subcutaneous inoculation of mice in place of the
current requirement to inoculate mice intracerebrally and
intraperitoneally. These proposed amendments, if adopted, would remove
test procedures that do not provide additional assurance that such
products are not worthless, contaminated, dangerous, or harmful.
This proposed rule would affect veterinary biologics licensees and
permittees producing live bacterial and viral vaccines and/or
conducting the mouse safety test. According to the 2006 Current
Veterinary Biologics Product Catalog, there are approximately 122
licensed and 21 permittee veterinary biologics establishments. The
majority of these establishments produce veterinary products and would
be affected by this proposal. The entities are classified under North
American Industrial Classification System (NAICS) code 325414,
Biological Product Manufacturing, and NAICS code 541710, Research and
Development in the Physical, Engineering and Life Sciences. The small
entity size standard for both groups is 500 or fewer employees.
According to the Small Business Administration, most veterinary
biologics establishments would be classified as small entities. In
2002, there were 296 establishments in the Biological Product
Manufacturing subsector, 96 percent of which had fewer than 500
employees. However, APHIS does not have the 2006 information on the
sizes of all potentially affected entities.
The proposed changes would reduce testing costs for those entities
by eliminating the requirement to retest the Master Seed for
immunogenicity 3 years after the initial qualifying immunogenicity
test. The proposed changes would also reduce, by half, the number of
mice used in mouse safety tests by requiring either intraperitoneal or
subcutaneous inoculation of mice in place of the current requirement to
inoculate mice both intracerebrally and intraperitoneally. By revising
the mouse safety test, it would only be necessary to test mice by
requiring inoculation either intraperitoneally or subcutaneously.
Reducing the number of mice needed for inoculation would therefore
decrease the total cost of laboratory testing.
This proposal would not impose any additional economic burden upon
the establishments because it actually eliminates testing requirements
for the Master Seed and reduces the number of mice, by half, to be
tested. The overall effects of this action would be to reduce the costs
associated with producing and testing veterinary and biological
products. APHIS has been unable to quantify the potential cost savings,
and welcomes public comment on the savings that would be afforded by
the proposed rule. While the overall effect of this action would be to
reduce the costs associated with producing and testing veterinary
biological products, we do not expect the amount saved would represent
a significant percentage of overall costs.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not
[[Page 4472]]
have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
This rule would not preempt any State or local laws, regulations, or
policies unless they present an irreconcilable conflict with this rule.
The Virus-Serum-Toxin Act does not provide administrative procedures
which must be exhausted prior to a judicial challenge to the provisions
of this rule.
Paperwork Reduction Act
This proposed rule contains no new information or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 113
Animal biologics, Exports, Imports, Reporting and recordkeeping
requirements.
Accordingly, we propose to amend 9 CFR part 113 as follows:
PART 113--STANDARD REQUIREMENTS
1. The authority citation for part 113 would continue to read as
follows:
Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.
2. In Sec. 113.8, paragraph (d) would be amended as follows:
a. By revising the heading to paragraph (d).
b. By removing paragraph (d)(1).
c. By removing the paragraph designation ``(d)(2)''.
Sec. 113.8 In vitro tests for serial release.
* * * * *
(d) Extending the dating of a reference. * * *
* * * * *
3. In Sec. 113.33, paragraphs (a)(1) and (a)(2) would be revised
to read as follows:
Sec. 113.33 Mouse safety tests.
* * * * *
(a) * * *
(1) Vaccine prepared for use as recommended on the label shall be
tested by inoculating eight mice intraperitoneally or subcutaneously
with 0.5 mL, and the animals observed for 7 days.
(2) If unfavorable reactions attributable to the product occur in
any of the mice during the observation period, the serial or subserial
is unsatisfactory. If unfavorable reactions which are not attributable
to the product occur, the test shall be declared inconclusive and may
be repeated: Provided, That, if the test is not repeated, the serial or
subserial shall be declared unsatisfactory.
* * * * *
Sec. Sec. 113.66, 113.68, and 113.69 [Amended]
4. In Sec. Sec. 113.66, 113.68, and 113.69, paragraph (b)(6) would
be removed and paragraph (b)(7) would be redesignated as paragraph
(b)(6).
Sec. 113.67 [Amended]
5. In Sec. 113.67, paragraph (b)(7) would be removed and paragraph
(b)(8) would be redesignated as paragraph (b)(7).
Sec. 113.70 [Amended]
6. In Sec. 113.70, paragraph (b)(5) would be removed.
Sec. Sec. 113.71, 113.306, and 113.318 [Amended]
7. In Sec. Sec. 113.71, 113.306, and 113.318, paragraph (b)(4)
would be removed and paragraph (b)(5) would be redesignated as
paragraph (b)(4).
Sec. 113.303 [Amended]
8. In Sec. 113.303, paragraph (c)(6) would be removed.
Sec. 113.302, 113.304, 113.314, 113.315, 113.317, 113.327, 113.331,
and 113.332 [Amended]
9. In Sec. Sec. 113.302, 113.304, 113.314, 113.315, 113.317,
113.327, 113.331, and 113.332, paragraph (c)(4) would be removed and
paragraph (c)(5) would be redesignated as paragraph (c)(4).
Sec. 113.305 [Amended]
10. In Sec. 113.305, paragraphs (b)(1)(iii) and (b)(2)(iii) would
be removed and paragraph (b)(2)(iv) would be redesignated as paragraph
(b)(2)(iii).
Sec. Sec. 113.308 and 113.316 [Amended]
11. In Sec. Sec. 113.308 and 113.316, paragraph (b)(5) would be
removed and paragraph (b)(6) would be redesignated as paragraph (b)(5).
Sec. 113.309 [Amended]
12. In Sec. 113.309, paragraph (c)(9) would be removed and
paragraph (c)(10) would be redesignated as paragraph (c)(9).
Sec. 113.310 [Amended]
13. In Sec. 113.310, paragraph (c)(8) would be removed and
paragraph (c)(9) would be redesignated as paragraph (c)(8).
Sec. 113.311 [Amended]
14. In Sec. 113.311, paragraph (c)(7) would be removed and
paragraph (c)(8) would be redesignated as paragraph (c)(7).
Sec. 113.312 [Amended]
15. In Sec. 113.312, paragraphs (b)(5) and(b)(6) would be removed
and paragraph (b)(7) would be redesignated as paragraph (b)(5).
Sec. Sec. 113.313 and 113.328 [Amended]
16. In Sec. Sec. 113.313 and 113.328, paragraph (c)(6) would be
removed and paragraph (c)(7) would be redesignated as paragraph (c)(6).
Sec. Sec. 113.325 and 113.326 [Amended]
17. In Sec. Sec. 113.325 and 113.326, paragraph (c)(5) would be
removed and paragraph (c)(6) would be redesignated as paragraph (c)(5).
Sec. 113.329 [Amended]
18. In Sec. 113.329, paragraph (c)(5) would be removed and
paragraphs (c)(6) and (c)(7) would be redesignated as paragraphs (c)(5)
and (c)(6), respectively.
Done in Washington, DC, this 25th day of January 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-1531 Filed 1-30-07; 8:45 am]
BILLING CODE 3410-34-P