[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16720-16723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07161]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0058]


Model Specifications for Breath Alcohol Ignition Interlock 
Devices (BAIIDs)

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Technical corrections; proposed changes and request for 
comments.

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SUMMARY: NHTSA published a notice in the Federal Register on May 8, 
2013, (78 FR 26849; NHTSA Docket 2013-0058) that revised the Model 
Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs). 
The text of the notice contained some typographical and technical 
errors. This document describes and corrects those errors. This notice 
also proposes some additional changes to the BAIID Model Specifications 
and requests comments on the proposed changes.

DATES: The technical corrections contained in this notice are effective 
on March 30, 2015. Regarding the proposed changes contained in this 
notice, written comments may be submitted to this agency and must be 
received no later than April 29, 2015.

ADDRESSES: You may submit comments identified by DOT Docket ID Number 
NHTSA-2013-0058 by any of the following methods:
     Electronic submissions: Go to http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Eastern Time, Monday through Friday, except Federal 
holidays. Regardless of how you submit your comments, you should 
identify the Docket number of this document.
    Instructions: For detailed instructions on submitting comments and 
additional information, see http://www.regulations.gov. Note that all 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. 
Please see the ``Privacy Act'' heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
complete User Notice and Privacy Notice for Reglations.gov at http://www.regulations.gov/search/footer/privacyanduse.jsp.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or 
visit the West Building, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Eastern Time, 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: 
For technical issues: Ms. De Carlo Ciccel, Behavioral Research 
Division, NTI-131, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590; Telephone number: (202) 
366-1694; Email: [email protected].
For legal issues: Ms. Jin Kim, Attorney-Advisor, Office of the Chief 
Counsel, NCC-113, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590; Telephone number: (202) 
366-1834; Email: [email protected].

SUPPLEMENTARY INFORMATION: NHTSA published a notice in the Federal 
Register on May 8, 2013, (78 FR 26849; NHTSA Docket 2013-0058) that 
revised the Model Specifications for Breath Alcohol Ignition Interlock 
Devices (BAIIDs).
    The notice that was published on May 8, 2013, went into effect one 
year later, on May 8, 2014. As explained in the 2013 notice, NHTSA 
considered whether it should evaluate ignition interlocks against the 
Model Specifications and publish a conforming products list (CPL) of 
devices that meet the specifications. For reasons described in some 
detail in the 2013 notice, NHTSA explained that it would delay

[[Page 16721]]

rendering a decision about the feasibility and timing of a CPL until 
more information is available. NHTSA stated, in the notice, that it 
planned to conduct an assessment to determine whether establishing and 
maintaining a CPL is feasible, prior to making a decision.
    Following publication of the 2013 notice, NHTSA initiated such an 
assessment. During the course of the assessment, NHTSA identified some 
aspects of the Model Specifications that may warrant clarification and/
or modification. In addition, the agency received written 
communications from a number of organizations, including interlock 
providers, a testing laboratory, the Association of Ignition Interlock 
Program Administrators (AIIPA) and others, which brought some 
typographical and technical errors to the agency's attention and/or 
sought clarification regarding some elements of the Model 
Specifications. These written communications and our responses have 
been placed in our public docket (NHTSA-2013-0058).
    This notice describes and corrects the technical errors. These 
technical corrections will take effect immediately. This notice also 
proposes some revisions to the Model Specifications and requests 
comments on the proposed changes.

A. Technical Corrections (Which Will Take Effect Immediately)

    The following changes are considered by the agency to be technical 
corrections. They will take effect immediately upon publication of this 
notice in the Federal Register.

Test 9. Tampering and Circumvention--e. Cooled 0.032 BrAC Sample

    In the Federal Register notice published on May 8, 2013, Test 9e in 
the Model Specifications indicated that a .032 sample should be 
``cooled to ice temperature''.
    This notice inserts the word ``water'' and the parenthetical 
``(0[deg]C/32[deg]F)'' to clarify that the sample should be ``cooled to 
ice water temperature,'' which is 0[deg]C (32[deg]F).

Test 11. Altitude

    In the Federal Register notice published on May 8, 2013, Test 11 in 
the Model Specifications was entitled ``High Altitude'' (78 FR 26865). 
However, it covers tests for both high altitude (low pressure) and low 
altitude (high pressure) conditions.
    This notice corrects the title for the test to read, ``Altitude.'' 
The tests themselves have not been changed.

Test 16. Data Integrity and Format

    In the Federal Register notice published on May 8, 2013, there was 
a reference under Test 16 to Appendix D (78 FR 26866). This was a 
typographical error. There were only two appendices to that notice, 
Appendix A and Appendix B.
    This notice corrects that reference to Appendix B.

B. Proposed Changes (About Which We Request Comments)

    The following changes are being proposed by the agency. The agency 
requests comments on these proposed changes.

Test 8. Retest

    Test 8 of the Model Specifications include a series of tests to 
simulate the BAIID functions that must operate in connection with 
retests once the vehicle has been started, including an indication to 
the driver that a retest must be taken. Two commenters requested 
clarification regarding this test. Specifically, their questions 
related to provisions requiring that the BAIID ``indicate the need for 
a service call'' and stating that ``the BAIID must not allow the 
vehicle to start without a service call.''
    As provided in Test 8 of the Model Specifications, a failed retest 
must trigger an alert to the driver and be flagged (recorded) on the 
interlock data logger. A missed retest also must be flagged (recorded) 
on the data logger. Conformance will require verification that alerts 
were made and that these events were recorded on the data logger.
    In the Federal Register notice published on May 8, 2013, NHTSA 
expressed agreement with comments received that some decisions are 
programmatic in nature and should not be included in the Model 
Specifications. The Model Specifications are intended to apply to the 
performance of BAIID units, not the manner in which State and local 
jurisdictions conduct their programs (78 FR 26851). Consistent with 
this sentiment, NHTSA had intended to remove certain references, 
including those providing for the need for a service call in Test 8, 
but the agency inadvertently left them in this subsection.
    This notice proposes to correct the third sentence, in the first 
paragraph under Test 8b (78 FR 26864), which currently reads: ``The 
BAIID must treat this test as a failed retest and prominently indicate 
the need for a service call.'' This notice proposes to revise this 
sentence as follows: ``The BAIID must treat this test as a failed 
retest and prominently alert the driver.''

Test 9. Tampering and Circumvention

    One request for clarification related to elements of Test 9 in the 
Model Specifications, which test a BAIIDs ability to prevent tampering 
and circumvention.
d. Warmed Air Sample
    The commenter asserted that ``a 12 oz Styrofoam coffee cup with a 
plastic lid can never get enough pressure. It would be better to mirror 
CNRC version of 0.5L PLASTIC cup with a lid.''
    The purpose of Test 9d is to determine whether a warmed air sample 
(not from a person) can be pumped into a BAIID and cause an interlock-
equipped vehicle to start. In the Federal Register notice published on 
May 8, 2013, NHTSA specified that a ``foam coffee cup'' with a 
``plastic lid'' be used (78 FR 26864). However, the properties of the 
cup and lid are more important than the materials they are made from.
    This notice proposes to clarify that the cup must be insulated, but 
it need not be constructed of Styrofoam; and that the lid must be 
secure, but it need not be constructed of plastic. This notice proposes 
to change the first sentence of the instructions for this test by 
providing, ``Prepare a 12-ounce insulated cup, fitted with a bubble 
tube inlet and a vent tube (rubber or tygon tubing), attached through a 
secure lid.''
f. Filtered 0.032 BrAC Sample
    The commenter asserted that ``The paper tube called for does not 
work. You can typically not build up enough pressure in the paper tube 
to trigger a sample at all, meaning the test is very easy to pass. If 
it were changed to any readily available material, it would be more 
effective to testing for the ability of the filtering material itself 
to filter out the alcohol and not just the fact that there is not 
enough pressure.''
    In the Federal Register notice published on May 8, 2013, Test 9f in 
the Model Specifications provided, ``Prepare a 1 to 2 inch diameter 3 
to 5 inches long paper tube loosely packed with an active absorbent 
material . . . [and using] cotton plugs to retain the absorbent 
[material] in the paper tube.'' (78 FR 26864)
    The purpose of this test is to determine whether an interlock-
equipped vehicle would start if a person with alcohol in their system 
were to blow an air sample through a filter. NHTSA believes that using 
``a 1 to 2 inch diameter 3 to 5 inches long paper tube loosely packed 
with an active absorbent material . . . [and using] cotton plugs to 
retain the absorbent [material] in the paper tube'', as

[[Page 16722]]

described in the Model Specifications, will permit a sufficient test 
under this section. To clarify, a cardboard tube can be used in lieu of 
thinner paper goods, and absorbent material can include charcoal, kitty 
litter or other materials that are readily available. Moreover, this 
test is not designed to determine the ability of any particular 
material to filter alcohol from an air sample. Rather, it is a test of 
the BAIID's ability to detect whether an air sample containing alcohol 
has been filtered to remove the alcohol.
    Accordingly, this notice proposes to provide additional flexibility 
in the materials that may be used in conducting this test. It proposes 
to provide instead, ``Prepare a 1 to 2 inch diameter 3 to 5 inches long 
tube loosely packed with an active absorbent material. Use porous plugs 
(such as cotton) to retain the absorbent material in the tube.''

Test 10. Restart of Stalled Motor Vehicle

    In the Federal Register notice published on May 8, 2013, Test 10 in 
the Model Specifications stated that a restart without breath sample in 
less than 3 minutes should allow the vehicle to start, but then it 
stated, ``Attempt to restart the ignition without a breath sample 
within 3 minutes . . . the vehicle must not start.'' (78 FR 26865) The 
agency received comments, stating that these provisions appear 
contradictory and are confusing.
    This notice proposes to correct the Model Specifications as 
follows: ``Attempt to restart the engine without a breath sample in 
less than 3 minutes--the vehicle must start. Turn off the engine. 
Attempt to restart the engine without a breath sample 3 minutes or more 
after turning off the engine--the vehicle must not start.'' If trying 
to start the vehicle after 3 minutes, a breath sample would need to be 
provided.

Test 14. Radiofrequency Interference/Electromagnetic Interference

    Test 14 of the Model Specifications is entitled ``Radiofrequency 
Interference (RFI)/Electromagnetic Interference (EMI)''. It contains a 
series of tests to evaluate BAIID for radiofrequency and 
electromagnetic immunity and compatibility. These tests are based on 
standards that are commonly used in the industry for motor vehicles and 
motor vehicle equipment, including Society of Automotive Engineers 
(SAE) Surface Vehicle Standard J1113 series, Required Function 
Performance Status, as defined in Surface Vehicle Standard J113-1 for 
Class C devices and the International Special Committee on Radio 
Interference (CISPR), Subcommittee of International Electrotechnical 
Committee (IEC), CISPR 25.
    In conducting its assessment of the RFI/EMI tests, NHTSA determined 
that some aspects of Test 14 required correction and/or clarification. 
This notice proposes a number of revisions to account for these issues.
a. Drive and Standby Modes
    The Model Specifications provide that Test 14 ``must be performed 
while the BAIID is in the drive and standby modes.'' During our 
assessment, we observed no differences between the RFI/EMC test results 
obtained in standby (ready to blow) mode and the results obtained in 
drive mode. Therefore, testing in Drive mode appears to be unnecessary. 
For this reason, NHTSA proposes to revise the Model Specifications to 
provide that Test 14 need only ``be performed in standby mode.''
b. Frequency Range of Tests 14c. and 14f
    The Model Specifications specifies the frequency range for some, 
but not all, tests to be performed under Test 14. In particular, the 
Model Specifications did not specify the frequency range for Test 14c 
(J1113-4 2004-08 Conducted Immunity--Bulk Current Injection (BCI) 
Method). Consistent with SAE Standards, this notice proposes to add 
that Test 14c should be performed from 1 MHz to 400 MHz.
    Normally, the frequency ranges of Test 14c and Test 14f (J1113-21 
2005-10 Immunity to Electromagnetic Fields) are run as companion tests. 
Together, they cover the entire frequency range of a device being 
tested. Accordingly, consistent with SAE Standards, this notice 
proposes to revise the Model Specification to provide that Test 14f 
should be performed from 400 MHz to 18 GHz. Combined with Test 14c, the 
entire frequency range of 1 MHz to 18 GHz would be covered.
c. Clarification of Conditions Under Test 14d, Pulse 5
    The Model Specifications identified the final pulse under Test 14d 
as Pulse 5, but this pulse should have been identified as Pulse 5a. 
This notice proposes to make that correction. The parameters of the 
test will remain unchanged. It should continue to be conducted at Level 
1, with 87 volts. As before, to conform to the test, a BAIID must 
achieve Status IV (no damage to function after disturbance is removed; 
dealer action may be required to return the function to normal 
operation after the disturbance is removed, e.g., battery reset).
    The agency encourages interested parties to carefully review this 
notice and the proposed revisions to the Model Specifications that are 
described herein, and to submit comments in the manner identified in 
the Addresses above.

Techical Corrections to Text of Model Specifications

    For convenience and clarity, the full text of the Tests that are 
corrected are included below.
    1. In the Federal Register of May 8, 2013, on page 26864, in column 
3, Test 9e is corrected to read as follows:

Test 9. Tampering and Circumvention

* * * * *
    e. Cooled 0.032 BrAC sample. Attach a 4 foot long tygon tube of 3/8 
inch inside diameter which has been cooled to ice water temperature (0 
[deg]C/32 [deg]F) to the inlet of the BAIID, then test at 0.032 BrAC. 
The vehicle must not start.
    2. In the Federal Register of May 8, 2013, on page 26865, in column 
1, the title for Test 11 is corrected to read as follows:

Test 11. Altitude

    3. In the Federal Register of May 8, 2013, on page 26866, in column 
1, Test 16 is corrected to read as follows:

Test 16. Data Integrity and Format

    Complete all other tests before performing Test 16. Download the 
data from the interlock data logger and compare it to the data recorded 
for each test. Disconnect, then reconnect the power to the interlock 
data logger. Download the data again and compare it to the first data 
download. No lost or corrupted data is allowed. Check the data format 
(i.e., date and time of event) to verify conformance with the sample 
format in Appendix B.

Proposed Changes to Text of Model Specifications

    1. NHTSA proposes to revise the Model Specifications published in 
the Federal Register of May 8, 2013, on page 26864, in column 1, Test 8 
to read as follows:

Test 8. Retest

    If a BAIID includes a feature designed to detect whether the 
vehicle is moving, conduct Test 8 using a motor vehicle. If a BAIID 
does not include a feature designed to detect whether the vehicle is 
moving, conduct Test 8 using a motor vehicle or a bench test set-up 
that simulates the relevant functions of a motor vehicle.
    a. Within an interval of 5 to 7 minutes after a vehicle 
successfully starts, using

[[Page 16723]]

a 0.000 g/dL BrAC test sample, and while the engine is still running, 
the BAIID must indicate that a second breath sample is required. 
Conduct Test 1b five times. The BAIID must treat this test as a passed 
retest all 5 times.
    b. Within an interval of 5 to 7 minutes after a vehicle 
successfully starts, using a 0.000 g/dL BrAC test sample, and while the 
engine is still running, the BAIID must indicate that a second breath 
sample is required. Conduct Test 1c five times. The BAIID must treat 
this test as a failed retest and prominently alert the driver.
    A failed retest must be identified as an alert condition and 
flagged on the interlock data logger. A missed retest must be flagged 
on the interlock data logger.
    2. NHTSA proposes to revise the Model Specifications published in 
the Federal Register of May 8, 2013, on page 26864, in columns 2-3, 
Test 9d and Test 9f to read as follows:

Test 9. Tampering and Circumvention

* * * * *
    d. Warmed air sample. Prepare a 12-ounce insulated cup fitted with 
a bubble tube inlet and a vent tube (rubber or tygon tubing), attached 
through a secure lid. Fill the cup with 8 ounces of water warmed to 
36[deg]C and attach the lid. Attach the vent tube to the BAIID and pass 
an air sample of at least 2 liters through the bubble tube into the 
heated water and thence into the BAIID. The flow rate must not be high 
enough to cause a mechanical transfer of water to the BAIID. The 
vehicle must not start.
* * * * *
    f. Filtered 0.032 BrAC sample. Prepare a 1 to 2 inch diameter 3 to 
5 inches long tube loosely packed with an active absorbent material. 
Use porous plugs (such as cotton) to retain the absorbent material in 
the tube. Pack the tube so that a person can easily blow 2 liters of 
air through the assembly within 5 seconds. Test the absorbent by 
passing a 2 liter 0.032 BrAC sample though the assembly within 5 
seconds. If the air passing out of the BAIID is found to have a 
concentration of 0.006 BrAC or less, prepare 5 tubes packed in the same 
manner, fit separately to the BAIID and test at 0.032 BrAC. The vehicle 
must not start.
* * * * *
    4. NHTSA proposes to revise the Model Specifications published in 
the Federal Register of May 8, 2013, on page 26865, in column 1, Test 
10 to read as follows:

Test 10. Restart of Stalled Motor Vehicle

    Conduct Test 10 using a motor vehicle.
    Using a 0.000 g/dL BrAC sample, turn on the engine. Turn off the 
engine. Attempt to restart the ignition without a breath sample in less 
than 3 minutes--the vehicle must start. Turn off the engine. Attempt to 
restart the engine without a breath sample 3 minutes or more after 
turning off the engine--the vehicle must not start. Conduct Test 10 
five times.
    5. NHTSA proposes to revise Test 14 of the Model Specifications 
published in the Federal Register of May 8, 2013, beginning on page 
26865, in column 1, to read as follows:

Test 14. Radiofrequency Interference (RFI)/Electromagnetic Interference 
(EMI)

    The Society of Automotive Engineers (SAE) Surface Vehicle Standard 
J1113 series, Required Function Performance Status, as defined in 
Surface Vehicle Standard J1113-1 for Class C devices (devices essential 
to the operation or control of the vehicle), and the International 
Special Committee on Radio Interference (CISPR), Subcommittee of 
International Electrotechnical Committee (IEC), specifically CISPR 25, 
will be used to evaluate BAIID electromagnetic immunity and 
compatibility. The test severity levels are specified below. The tests 
must be performed while the BAIID is in standby mode.
* * * * *
    c. J1113-4 2004-08 Conducted immunity, 1 MHz to 400 MHz--Bulk 
Current Injection (BCI) Method.

 
------------------------------------------------------------------------
                                     Severity  (volts,
              Level                    peak to peak)          Status
------------------------------------------------------------------------
1................................  25 to 60.............  I
2................................  60 to 80.............  II
3................................  80 to 100............  III
4................................  100..................  IV
------------------------------------------------------------------------

    d. J1113-11 2007-06 Immunity to Conducted Transients on Power 
Leads.

 
------------------------------------------------------------------------
                                               Severity
        Pulse  (12 v sys)            Level     (volts)        Status
------------------------------------------------------------------------
1................................          1        -25  I
                                           2        -50  II
                                           3        -75  II
                                           4       -100  IV
2a...............................          1         25  I
                                           2         40  II
                                           3         50  II
                                           4         75  IV
2b...............................          1         10  I
3a...............................          1        -35  I
                                           2        -75  II
                                           3       -112  II
                                           4       -150  IV
3b...............................          1         25  I
                                           2         50  II
                                           3         75  II
                                           4        100  IV
4................................          1         -4  I
                                           2         -5  II
                                           3         -6  II
                                           4         -7  IV
5a...............................          1         87  IV
------------------------------------------------------------------------

* * * * *
    f. J1113-21 2005-10 Immunity to Electromagnetic Fields, 400 MHz to 
18 GHz.

 
------------------------------------------------------------------------
               Severity (V/M)                           Status
------------------------------------------------------------------------
Up to 60....................................  I
60-80.......................................  II
80-100......................................  III
100-150.....................................  IV
------------------------------------------------------------------------

(Authority: 23 U.S.C. 403; 49 CFR 1.95; 49 CFR Part 501)

    Dated: March 25, 2015.
Jeffrey Michael,
Associate Administrator for the Office of Research and Program 
Development, National Highway Traffic Safety Administration.
[FR Doc. 2015-07161 Filed 3-27-15; 8:45 a.m.]
 BILLING CODE 4910-59-P