[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR799.2700]



[Page 254-258]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 799_IDENTIFICATION OF SPECIFIC CHEMICAL SUBSTANCE AND MIXTURE 

TESTING REQUIREMENTS--Table of Contents

 

                 Subpart B_Specific Chemical Test Rules

 

Sec.  799.2700  Methyl ethyl ketoxime.



    (a) Identification of test substance. (1) Methyl ethyl ketoxime 

(MEKO, CAS No. 96-29-7) shall be tested in accordance with this section.

    (2) MEKO of at least 99 percent purity shall be used as the test 

substance.

    (b) Persons required to submit study plans, conduct tests, and 

submit data. All persons who manufacture (including import) or process 

or intend to manufacture or process MEKO, including persons who 

manufacture or process or intend to manufacture or process



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MEKO as a byproduct, or who import or intend to import products which 

contain MEKO, after the date specified in paragraph (e) of this section 

to the end of the reimbursement period, shall submit letters of intent 

to conduct testing, submit study plans, conduct tests and submit data, 

or submit exemption applications, as specified in this section, subpart 

A of this part, and parts 790 and 792 of this chapter for single-phase 

rulemaking. Persons who manufacture, import, or process MEKO only as an 

impurity are not subject to these requirements.

    (c) Health effects testing--(1) Pharmacokinetics testing--(i) 

Required testing. Pharmacokinetics testing shall be conducted with MEKO 

in accordance with paragraph (c)(1)(ii) of this section.

    (ii) [Reserved]

    (2) Oncogenicity--(i) Required testing. Oncogenicity testing shall 

be conducted in accordance with Sec.  798.3300 of this chapter.

    (ii) Route of administration. MEKO shall be administered either 

orally or by inhalation.

    (iii) Reporting requirements. (A) Oncogenicity testing shall be 

completed and a final report submitted to EPA within 53 months of the 

date specified in paragraph (e) of this section.

    (B) Interim progress reports shall be submitted to EPA at 6-month 

intervals, beginning 6 months after the date specified in paragraph (e) 

of this section, until submission of the final report to EPA.

    (3) Developmental toxicity--(i) Required testing. Developmental 

toxicity testing shall be conducted in a rodent and a nonrodent 

mammalian species in accordance with Sec.  798.4900 of this chapter.

    (ii) Route of administration. MEKO shall be administered orally.

    (iii) Reporting requirements. (A) Developmental toxicity testing 

shall be completed and a final report submitted to EPA within 15 months 

of the date specified in paragraph (e) of this section.

    (B) Interim progress reports shall be submitted to EPA at 6-month 

intervals, beginning 6 months after the date specified in paragraph (e) 

of this section.

    (4) Reproductive toxicity--(i) Required testing. (A) Reproductive 

toxicity testing shall be conducted orally in accordance with Sec.  

798.4700 of this chapter except for the provisions in paragraphs (c) 

(8)(iii) and (9)(i) of Sec.  798.4700.

    (B) For the purpose of this section, the following provisions also 

apply:

    (1) The following organs and tissues, or representative samples 

thereof, shall be preserved in a suitable medium for possible future 

histopathological examination: Vagina, uterus, oviducts, ovaries, 

testes, epididymides, vas deferens, seminal vesicles, prostate, 

pituitary gland, and, target organ(s) of all P and F1 animals 

selected for mating.

    (2)(i) Full histopathology shall be conducted on the organs and 

tissues listed in paragraph (c)(4)(i)(B)(1) of this section for all high 

dose and control P and F1 animals selected for mating.

    (ii) The integrity of the various cell stages of spermatogenesis 

shall be determined, with particular attention directed toward achieving 

optimal quality in the fixation and embedding. Preparations of 

testicular and associated reproductive organ samples for histology 

should follow the recommendations of Lamb and Chapin (1985) under 

paragraph (d)(1) of this section, or an equivalent procedure. 

Histopathology of the testes shall be conducted on all P and 

F1 adult males at the time of sacrifice, and histological 

analyses shall include evaluations of the spermatogenic cycle, i.e., the 

presence and integrity of the 14 cell stages. These evaluations should 

follow the guidance provided by Clermont and Percy (1957) under 

paragraph (d)(2) of this section. Information shall also be provided 

regarding the nature and level of lesions observed in control animals 

for comparative purposes.

    (iii) Data on female cyclicity shall be obtained by conducting 

vaginal cytology in P and F1 females over the last 3 weeks 

prior to mating; the cell staging technique of Sadleir (1978) and the 

vaginal smear method in Hafez (1978) under paragraphs (d)(3) and (d)(7) 

of this section, respectively, or equivalent methods should be used. 

Data shall be provided on whether the animal is cycling and the cycle 

length.

    (iv) P and F1 females shall continue to be exposed to 

MEKO for at least an additional 2 weeks following weaning of offspring 

to permit them to begin cycling once again. They shall then be



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sacrificed and their ovaries shall be serially sectioned with a 

sufficient number of sections examined to adequately detail oocyte and 

follicular morphology. The methods of Mattison and Thorgiersson (1979) 

and Pederson and Peters (1968) under paragraphs (d) (4) and (5) of this 

section, respectively, may provide guidance. The strategy for sectioning 

and evaluation is left to the discretion of the investigators, but shall 

be described in detail in the study plan and final report. The nature 

and background level of lesions in control tissue shall also be noted.

    (v) Gross and histopathologic evaluations shall be conducted on the 

mammary glands in F1 females and F2 pups 

sacrificed at weaning and in adult F1 females at the 

termination of the study. Any abnormalities shall be described in the 

final report.

    (ii) Reporting requirements. (A) Reproductive toxicity testing shall 

be completed and a final report submitted to EPA within 29 months of the 

date specified in paragraph (e) of this section.

    (B) Interim progress reports shall be submitted to EPA at 6-month 

intervals, beginning six months after the date specified in paragraph 

(e) of this section until submission of the final report to EPA.

    (5) Mutagenic effects--gene mutations--(i) Required testing. The 

sex-linked recessive lethal assay in Drosophila shall be conducted with 

MEKO in accordance with Sec.  798.5275 of this chapter.

    (ii) Reporting requirements. (A) The sex-linked recessive lethal 

assay in Drosophila shall be completed and a final report submitted to 

EPA within 18 months of the date specified in paragraph (e) of this 

section.

    (B) Interim progress reports shall be submitted to EPA at 6-month 

intervals beginning 6 months after the date specified in paragraph (e) 

of this section.

    (6) Mutagenic effects--chromosomal aberrations--(i) Required 

testing. (A) An in vivo mammalian bone marrow cytogenetics test shall be 

conducted with MEKO in accordance with either Sec.  798.5385 

(chromosomal analysis) of this chapter, or Sec.  798.5395 (micronucleus 

assay) of this chapter except for the provisions in paragraphs (d)(5) 

(ii), (iii), and (iv) of Sec. Sec.  798.5385 and 798.5395.

    (B) For the purpose of this section, the following provisions also 

apply if Sec.  798.5385 of this chapter is used in conducting the test:

    (1) Dose levels and duration of exposure. At least three dose levels 

shall be tested. The highest dose tested shall be the maximum tolerated 

dose or that dose producing some signs of cytotoxicity (e.g., partial 

inhibition of mitosis) or shall be the highest dose attainable. Under 

oral administration, animals shall be exposed once per day for 5 

consecutive days. Under administration by inhalation, animals shall be 

exposed 6 hours per day for 5 consecutive days.

    (2) Route of administration. Animals shall be exposed to MEKO either 

orally or by inhalation.

    (C) For the purpose of this section, the following provisions also 

apply if Sec.  798.5395 of this chapter is used in conducting the test:

    (1) Dose levels and duration of exposure. At least three-dose levels 

shall be tested. The highest dose tested shall be the maximum tolerated 

dose or that dose producing some signs of cytotoxicity (e.g., a change 

in the ratio of polychromatic to normochromatic erythrocytes) or shall 

be the highest dose attainable. Under oral administration animals shall 

be exposed once per day for 5 consecutive days. Under administration by 

inhalation, animals shall be exposed 6 hours per day for 5 consecutive 

days.

    (2) Route of administration. Animals shall be exposed to MEKO either 

orally or by inhalation.

    (ii) Reporting requirements. (A) The oral in vivo mammalian 

cytogenetics test shall be completed and a final report submitted to EPA 

within 14 months of the date specified in paragraph (e) of this section. 

The inhalation in vivo mammalian cytogenetics test shall be completed 

and a final report submitted to EPA within 17 months of the date 

specified in paragraph (e) of this section.

    (B) Interim progress reports shall be submitted to EPA at 6-month 

intervals, beginning 6 months after the date specified in paragraph (e) 

of this section.

    (7) Neurotoxicity--(i) Required testing--(A) Functional 

observational battery. (1)



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A functional observational battery shall be conducted with MEKO in 

accordance with Sec.  798.6050 of this chapter except for the provisions 

in paragraphs (d) (4)(ii), (5), and (6) of Sec.  798.6050.

    (2) For the purpose of this section, the following provisions also 

apply:

    (i) Route of exposure. Animals shall be exposed either orally or by 

inhalation.

    (ii) Lower doses. The data from the lower doses shall show either 

graded dose-dependent effects in at least two of all the doses tested, 

including the highest dose, or no neurotoxic (behavioral) effects at any 

dose tested.

    (iii) Duration and frequency of exposure. For the oral acute 

testing, animals shall be exposed once. For the oral subchronic testing, 

animals shall be exposed once per day 5 days per week for a 90-day 

period. For the inhalation acute testing, animals shall be exposed for 6 

hours for 1 day. For the inhalation subchronic testing, animals shall be 

exposed 6 hours per day 5 days per week for a 90-day period.

    (B) Motor activity. (1) A motor activity test shall be conducted 

with MEKO in accordance with Sec.  798.6200 of this chapter except for 

provisions in paragraphs (d) (4)(ii), (5), and (6) of Sec.  798.6200.

    (2) For the purpose of this section, the following provisions also 

apply:

    (i) Route of exposure. Animals shall be exposed either orally or by 

inhalation.

    (ii) Lower doses. The data from the lower doses shall show either 

graded dose-dependent effects in at least two of all the doses tested 

including the highest dose, or no neurotoxic (behavioral) effects at any 

dose tested.

    (iii) Duration and frequency of exposure. For the acute oral 

testing, animals shall be exposed once. For the oral subchronic testing, 

animals shall be exposed once per day 5 days per week for a 90-day 

period. For the acute inhalation testing, animals shall be exposed for 6 

hours for 1 day. For the inhalation subchronic testing, the animals 

shall be exposed for 6 hours per day 5 days per week for a 90-day 

period.

    (C) Neuropathology. (1) A neuropathology test shall be conducted 

with MEKO in accordance with Sec.  798.6400 of this chapter except for 

the provisions in paragraphs (d) (4)(ii), (5), (6), and (8)(iv)(C) of 

Sec.  798.6400.

    (2) For the purpose of this section, the following provisions also 

apply:

    (i) Route of exposure. Animals shall be exposed either orally or by 

inhalation.

    (ii) Lower doses. The data from the lower doses shall show either 

graded dose-dependent effects in at least two of all the doses tested 

including the highest dose, or no neurotoxic (behavioral) effects at any 

dose tested.

    (iii) Duration and frequency of exposure. Animals shall be exposed 

orally once per day 5 days per week for a 90-day period; or if exposed 

by inhalation, for 6 hours per day 5 days per week for a 90-day period.

    (iv) Clearing and embedding. After dehydration, tissue specimens 

shall be cleared with xylene and embedded in paraffin or paraplast 

except for the sural nerve which should be embedded in plastic. Multiple 

tissue specimens (e.g., brain, cord, ganglia) may be embedded together 

in one single block for sectioning. All tissue blocks shall be labeled 

to provide unequivocal identification. A suggested method for plastic 

embedding is described by Spencer et al. in paragraph (d)(6) of this 

section.

    (ii) Reporting requirements. (A) The neurotoxicity tests required 

under this paragraph (c)(7) and administered orally shall be completed 

and the final results submitted to EPA within 18 months of the date 

specified in paragraph (e) of this section. The neurotoxicity tests 

required under this paragraph (c)(7) and administered by inhalation 

shall be completed and the final results submitted to EPA within 21 

months of the date specified in paragraph (e) of this section.

    (B) Interim progress reports shall be submitted to EPA at 6-month 

intervals beginning 6 months after the date specified in paragraph (e) 

of this section until submission of the final report to EPA.

    (d) References. For additional background information, the following 

references should be consulted.

    (1) Lamb, J. and Chapin, R.E. ``Experimental models of male 

reproductive toxicology.'' In: ``Endocrine Toxicity.'' Thomas, J.A., 

Korach, K.S., and McLachlan, J.A., eds. New York, NY: Raven Press. pp. 

85-115. (1985).



[[Page 258]]



    (2) Clermont, Y. and Percey, B. ``Quantitative study of the cell 

population of the seminiferous tubules in immature rats.'' ``American 

Journal of Anatomy.'' 100:241-267. (1957).

    (3) Sadleir, R.M.F.S. ``Cycles and seasons.'' In: ``Reproduction in 

Mammals: I. Germ Cells and Fertilization.'' Austin, R. and Short R.V., 

eds. New York, NY: Cambridge Press. Chapter 4. (1978).

    (4) Mattison, D.R. and Thorgiersson, S.S. ``Ovarian aryl hydrocarbon 

hydroxylase activity and primordial oocyte toxicity of polycyclic 

aromatic hydrocarbons in mice.'' ``Cancer Research.'' 39:3471-3475. 

(1979).

    (5) Pederson, T. and Peters, H. ``Proposal for classification of 

oocytes and follicles in the mouse ovary.'' ``Journal of Reproduction 

and Fertility.'' 17:555-557. (1968).

    (6) Spencer, P.S., Bischoff, M., and Schaumburg, H.H. 

``Neuropathological methods for the detection of neurotoxic disease.'' 

In: ``Experimental and Clinical Neurotoxicology.'' Spencer, P.S. and 

Schaumburg, H.H., eds. Baltimore, MD: Williams and Wilkins, pp. 743-757 

(1980).

    (7) Hafez, E.S., ed., ``Reproduction and Breeding Techniques for 

Laboratory Animals.'' Chapter 10. Philadelphia: Lea and Febiger. (1970).

    (e) Effective dates. (1) The effective date of this final rule is 

October 27, 1989.

    (2) The guidelines and other test methods cited in this section are 

referenced here as they exist on October 27, 1989.



[54 FR 37808, Sept. 13, 1989, as amended at 58 FR 34205, June 23, 1993]