Daily Rules, Proposed Rules, and Notices of the Federal Government
On August 18, 1975 (40 FR 36167), the National Highway Traffic Safety Administration (NHTSA) published a standard for Calibrating Units for Breath Alcohol Testers. A Qualified Products List of calibrating units for breath alcohol testers that met the standard was first issued on November 30, 1976 (41 FR 53389).
On December 14, 1984, NHTSA issued a notice to convert the mandatory standards for calibrating units for breath alcohol testers to Model Specifications for such devices (49 FR 48865) and to establish a Conforming Products List (CPL) of calibrating units meeting the Model Specifications. Calibrating units provide known concentrations of ethanol vapor for the calibration or calibration checks of instruments that measure breath alcohol (BrAC).
On December 29, 1994, NHTSA published a notice amending the Model Specifications and updated the CPL for calibrating units (59 FR 67377). That notice also proposed and sought comments about an alternate test procedure using National Institute for Standards and Technology (NIST) Reference Gas Mixtures for evaluating the accuracy and precision of dry-gas ethanol calibrating units. In Appendix A of that notice, NHTSA identified the calibrating units with an asterisk that had been tested and found to conform to the 1984 Model Specifications (49 FR 48864), when tested at alcohol concentrations 0.050, 0.100, and 0.150. All the other calibrating units listed had been tested and found to conform to the 1994 amended Model Specifications (59 FR 67377) when tested at alcohol concentrations 0.000, 0.020, 0.040, 0.080 and 0.160.
The agency amended the Model Specifications on August 13, 1997 by incorporating the NIST test procedure (62 FR 43416). In that same notice, NHTSA updated the CPL and proposed an alternate test procedure for evaluating the accuracy and precision for wet bath and dry gas calibrating units using infra-red spectroscopy. On June 25, 2007, NHTSA adopted an alternate procedure for evaluating wet bath and dry gas calibrating units using infra-red spectroscopy (72 FR 34742). That notice also adds references to the dry gas standards by fixed concentration of ethanol in terms of parts per million (ppm) and tank size in terms of liters (L). In that same notice, NHTSA updated the CPL to include 22 new listings (8 wet bath and 14 dry gas units).
The CPL that appears in today's notice lists calibrating units that have been determined to conform to the current Model Specifications and continues to identify those units found to conform to the 1984 Model Specifications.
The updated CPL includes 44 new calibrating units (3 wet bath and 41 dry gas units). The wet bath units include:
(1) Alcosim, submitted by Alcohol Countermeasure Systems, Toronto, Ontario, Canada;
(2) Model 12V500 submitted by Guth Laboratories, Inc Harrisburg, Pennsylvania; and
(3) Model 3402C-Tandem submitted by RepCo Marketing, Inc., Raleigh, North Carolina.
The dry gas units
(4) 105.1 ppm/30 L, 225.8 ppm/30 L, 104 ppm/55 L, 226 ppm/55 L, 274 ppm/55 L, 53.5 ppm/108 L, 224.9 ppm/108 L, 273.8 ppm/108 L, and 316.2 ppm/108 L totaling nine (9) tanks submitted by Airgas, Mid-America, St. Louis, Missouri.
(5) 65.1 ppm/15 L, 130.3 ppm/15 L, 195.4 ppm/15 L, 208.4 ppm/15 L, 390.8 ppm/15 L, 65.1 ppm/34 L, 130.3 ppm/34 L, 195.4 ppm/34 L, 208.4 ppm/34 L, 260.5 ppm/34 L, 390.8 ppm/34 L, 260.5 ppm/105 L, and 260.5 ppm/116 L totaling 13 tanks submitted by Air Liquide CALGAZ, Cambridge, Maryland.
(6) 104 ppm/34 L, 208 ppm/34 L, 223 ppm/34 L, 260 ppm/34 L, 52 ppm/67 L, 103.5 ppm/67 L, 209 ppm/67 L, 260 ppm/67 L, 103.5 ppm/105 L, 208 ppm/105 L, 223 ppm/105 L, 260 ppm/105 L, 273 ppm/105 L, 52 ppm/108 L, 209 ppm/108 L, 103.5 ppm/110 L, 208 ppm/110 L, 223 ppm/110 L, and 260 ppm/110 L totaling 19 tanks submitted by ILMO Specialty Gas Products, Jacksonville, Illinois.
This notice also removes nine (9) manufacturers of fourteen (14) CUs from the CPL whose products are discontinued or no longer sold or supported by the manufacturer. In some cases, the manufacturer no longer exists or expressed an interest in removing their unit(s) from the CPL. In one case, a unit was previously produced by one manufacturer and is now being supported by another manufacturer. This unit will not be removed from the CPL, but it will be listed only under the manufacturer that is currently supporting it. The manufacturers and units being removed include:
(1) Davtech Analytical Services, Canada, and its CALWAVE dT-100 unit;
(2) Intoximeters, Inc., St. Louis, Missouri, and its Alco Breath Alcohol Standards unit;
(3) Luckey Laboratories, San Bernardino, California, and its Simulator unit;
(4) PLD of Florida, Inc., Rockledge, Florida, and its BA 500 unit;
(5) Protection Devices, Inc., U.S. Alcohol Testing, Inc., Rancho Cucamonga, California, and its LS34 Model 6100 unit;
(6) Scott Specialty Gases, Inc., Plumsteadville, Pennsylvania, and its Model EBS
(7) Smith & Wesson Electronic Co., Springfield, Massachusetts is being removed from the CPL. However, its Mark II-A Simulator continues to be supported and maintained by National Draeger, Inc., Colorado. This unit will continue to be listed under National Draeger.
(8) Systems Innovation, Inc., Hallstead, Pennsylvania and its True-Test MD 901 unit; and
(9) U.S. Alcohol Testing, Cucamonga, California and its Alco-Simulator 2000 and Alco-Simulator 61000 units.
The other change today is an update to the listing for Liquid Technology Corp., Orlando, Florida, which expands Ethanol-in-Nitrogen to specify that the unit includes a 105 Liter tank with alcohol concentrations of 104.3 to 219 ppm.
Consistent with the paragraphs above, NHTSA updates the Conforming Products List of Calibrating Units for Breath Alcohol Testers (Manufacturer and Calibrating Unit)
23 U.S.C. 403; 49 CFR 1.50; 49 CFR part 501.