Highway Safety Programs; Model Specifications for Devices To Measure Breath Alcohol

AGENCY:

National Highway Traffic Safety Administration, DOT.

ACTION:

Notice.

SUMMARY:

This notice amends the Conforming Products List published in 2004 (69 FR 42237) for instruments that conform to the Model Specifications for Evidential Breath Testing Devices (58 FR 48705).

DATES:

Effective Date: June 29, 2006.

FOR FURTHER INFORMATION CONTACT:

Dr. Maria E. Vegega, Office of Behavioral Safety Research, Behavioral Research Division (NTI-131), National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590; Telephone: (202) 366-4892.

SUPPLEMENTARY INFORMATION:

On November 5, 1973, the National Highway Traffic Safety Administration (NHTSA) published the Standards for Devices to Measure Breath Alcohol (38 FR 30459). A Qualified Products List of Evidential Breath Measurement Devices comprised of instruments that met this standard was first issued on November 21, 1974 (39 FR 41399).

On December 14, 1984 (49 FR 48854), NHTSA converted this standard to Model Specifications for Evidential Breath Testing Devices (Model Specifications), and published a Conforming Products List (CPL) of instruments that were found to conform to the Model Specifications as Appendix D to that notice (49 FR 48864).

On September 17, 1993, NHTSA published a notice (58 FR 48705) to amend the Model Specifications. The notice changed the alcohol concentration levels at which instruments are evaluated, from 0.000, 0.050, 0.101, and 0.151 BAC, to 0.000, 0.020, 0.040, 0.080, and 0.160 BAC; added a test for the presence of acetone; and expanded the definition of alcohol to include other low molecular weight alcohols including methyl or isopropyl. On July 14, 2004, the most recent amendment to the Conforming Products List (CPL) was published (69 FR 42237), identifying those instruments found to conform with the Model Specifications.

Since the last publication of the CPL, five (5) instruments have been evaluated and found to meet the Model Specifications, as amended on September 17, 1993, for mobile and non-mobile use. In alphabetical order by company, they are:

(1) The “Alcotest 6810” manufactured by Draeger Safety, Inc., Durango, Colorado. This is a hand held device intended for use in stationary or roadside operation and is powered by an internal battery. It uses a fuel cell sensor.

(2) & (3) The “Alcotector BAC-100” and the “Alcotector C2H5OH”, both sold by Guth Laboratories, Inc. of Harrisburg, Pennsylvania. These devices are hand held devices intended for use in stationary or roadside operations. Both devices use fuel cell sensors and are powered by 4 “AA” batteries. The two devices are identical except for their printers. The BAC-100 has an internal printer. The C2H5OH does not have an internal printer, but can use an optional wireless printer.

(4) The “EV 30” manufactured by Lifeloc Technologies, Inc. of Wheat Ridge, Colorado. This device is a hand held device that uses a fuel cell sensor and is powered by an internal battery. It is intended for stationary or roadside operations.

(5) The “DataMaster DMT”, manufactured by National Patent Analytical Systems, Inc. of Mansfield, Ohio. This is a bench-top, AC powered, infrared type breath tester with an analytical filter at 3.44 microns, and interference filters at 3.37 and 3.50 microns.

The CPL has been amended to add the five instruments identified above.

In accordance with the foregoing, the CPL is therefore amended, as set forth below.

(23 U.S.C. 402; delegations of authority at 49 CFR 1.50 and 501.1)