Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), 61820-61833 [2010-25131]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Pages 61820-61833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25131]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0033]


Model Specifications for Breath Alcohol Ignition Interlock 
Devices (BAIIDs)

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice proposes revisions to the Model Specifications for 
Breath Alcohol Ignition Interlock Devices (BAIIDs). The Model 
Specifications are guidelines for the performance and testing of 
BAIIDs. These devices are designed to prevent a driver from starting a 
motor vehicle when the driver's breath alcohol concentration (BrAC) is 
at or above a set alcohol level. Most States currently use BAIIDs as a 
sanction for drivers convicted of driving while intoxicated offenses. 
In 1992, this technology was new. Now that it has matured, NHTSA 
proposes to revise the 1992 Model Specifications, to test BAIIDs for 
conformance and to maintain a conforming products list (CPL) of BAIIDs 
that have been found to meet the Model Specifications. These proposed 
revisions are based, in part, on input from interested parties during 
an open comment period.

DATES: Written comments may be submitted to this agency and must be 
received no later than December 6, 2010.

ADDRESSES: You may submit comments identified by DOT Docket ID Number 
NHTSA-2010-0033 by any of the following methods:
     Electronic submissions: Go to https://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 https://www.regulations.gov. Note that all 
comments received will be posted without change to https://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 Regulations.gov at https://www.regulations.gov/search/footer/privacyanduse.jsp.

[[Page 61821]]

    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov at any time or to 
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; E-mail: 
decarlo.ciccel@dot.gov. 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; E-mail: jin.kim@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    In 1992, the National Highway Traffic Safety Administration (NHTSA) 
adopted and published Model Specifications for Breath Alcohol Ignition 
Interlock Devices (BAIIDs). (57 FR 11772.) Ignition interlocks are 
alcohol breath-testing devices installed in motor vehicles that require 
the driver to provide a breath sample in order to start the engine and 
to provide a breath sample periodically while the engine is running. If 
the breath sample provided by the driver contains more than a 
predetermined alcohol concentration, the ignition interlock device 
prevents the vehicle from starting.
    Before NHTSA adopted the Model Specifications, a number of States 
passed laws authorizing the use of ``certified'' BAIIDs. However, there 
was no single standard or test procedure among the States for 
certifying BAIIDs. Manufacturers of ignition interlock devices 
requested that the Federal Government develop and issue standards for 
certifying such devices rather than leaving the industry subject to 
numerous State standards and test requirements. After notice and 
comment, NHTSA adopted the Model Specifications for BAIIDs to provide a 
degree of consistency.
    Since the Model Specifications were adopted in 1992, many States 
have incorporated them or some variation into their certification 
requirements. Persons required to use BAIIDs are generally under the 
direct supervision of a court or another State agency (e.g., Motor 
Vehicle Administration). As of March 2010, 47 States and the District 
of Columbia allow the use of BAIIDs for some driving while intoxicated 
(DWI) offenders. Of these States, 22 mandate the use of BAIIDs for 
repeat DWI offenders, and 13 mandate or highly incentivize the use of 
BAIIDs by all DWI offenders, including first-time offenders.
    While many States have incorporated the Model Specifications to 
certify BAIIDs used by DWI offenders, there remains considerable 
variability among State certification requirements. Due to this 
variability and to rapid technological advances in the industry, States 
and manufacturers of BAIIDs have requested that NHTSA test the devices 
against the Model Specifications and maintain a conforming products 
list (CPL) of devices found to meet the Model Specifications, similar 
to CPLs that NHTSA maintains for other breath alcohol measuring 
devices, such as Alcohol Screening Devices, Evidential Breath Testers, 
and Calibrating Units for Breath Alcohol Testers.
    In response to these requests, NHTSA proposes to revise and update 
the 1992 Model Specifications, add provisions for the agency to conduct 
conformance testing of BAIIDs, and maintain a CPL of BAIIDs that have 
been found to meet those Model Specifications. This proposal is not 
intended to take the place of any State certification requirements; 
rather, it would establish a voluntary testing and conformance program.
    In advance of these proposed revisions of the 1992 Model 
Specifications, NHTSA published a request for comments on February 15, 
2006. (71 FR 8047.) NHTSA explained that it was interested in obtaining 
comments from interested parties in 13 specific areas:
    (1) Accuracy and precision requirements. Is the current set point 
of 0.025 grams of alcohol per 210 Liters of air (g/dL) appropriate or 
should it be changed? Are the current specifications for 90 percent 
accuracy at 0.01 g/dL above the set point in the unstressed testing 
conditions, and 90 percent accuracy at 0.02 g/dL above the set point in 
the stressed testing condition appropriate?
    (2) Sensor technology. The 1992 Model Specifications do not address 
what type of sensor technology should be used to satisfy those 
performance requirements. Should the Model Specifications limit sensor 
technology to alcohol-specific sensors (such as fuel cell technology 
based on electro-chemical oxidation of alcohol) or other emerging 
sensor technologies? Or, should NHTSA not specify the sensor technology 
and rely on performance requirements?
    (3) Sample size requirements. The 1992 Model Specifications set the 
minimum breath sampling size at 1.5 Liters. Informal comments received 
over the years have suggested that this requirement may be too high. 
Should NHTSA consider lowering the minimum breath sampling size 
requirement? Should NHTSA include a minimum sample size and minimum 
back pressure at the input-mouthpiece of the device?
    (4) Temperature extreme testing. The 1992 Model Specifications call 
for testing at -40 [deg]C, -20 [deg]C, +70 [deg]C and +85 [deg]C, but 
allow for the removability of the alcohol sensing unit so that it may 
be kept at an artificial temperature when the vehicle may be subject to 
extremely cold or hot temperatures. Is this approach to extreme 
temperature testing sufficient, or should it be more stringent?
    (5) Radio Frequency Interference (RFI) or Electromagnetic 
Interference (EMI) Testing. The RFI testing protocol in the 1992 Model 
Specifications uses power sources that are no longer commonly in use. 
New power sources that may interfere with the operation of BAIIDs 
(e.g., cell phones) have output power commensurate with equipment in 
use today. What are the appropriate levels to measure RFI/EMI?
    (6) Circumvention testing. The 1992 Model Specifications offer a 
number of procedures for evaluating whether existing devices can be 
easily circumvented. Are these procedures sufficient or should new or 
modified procedures be incorporated into the Model Specifications?
    (7) The Vehicle-Interlock Interface. Anecdotal reports from 
ignition interlock manufacturers have suggested that it is sometimes 
difficult to install existing interlock systems in some of the newer 
electronic ignition systems. Should NHTSA establish any guidelines 
regarding the vehicle-interlock interface?
    (8) Calibration stability. Is the duration of calibration stability 
testing sufficient? Should ignition interlocks be required to hold 
their calibration for a longer period of time, thereby requiring less 
frequent calibration checks?
    (9) Ready-to-use Times. Should NHTSA establish a ``ready-to-use'' 
time period for extreme cold temperatures, such that devices must 
operate within a given period of time under extreme cold conditions?
    (10) NHTSA testing. Should NHTSA undertake the responsibility to 
evaluate ignition interlocks against its Model Specifications and 
publish a Conforming Products List (CPL) of devices meeting those 
specifications?

[[Page 61822]]

    (11) International Harmonization. Is it important to harmonize the 
ignition interlock Model Specifications with standards in other parts 
of the world, such as the European Union, Canada, and Australia?
    (12) Specifications for Ignition Interlock Programs. Does the 
ignition interlock community (users, manufacturers, States, etc.) favor 
NHTSA development of an interlock program, in addition to Model 
Specifications for devices?
    (13) Acceptance Testing. NHTSA's current Model Specifications 
involve ``type-testing'' (i.e., testing particular models of BAIIDs for 
conformance) of various models of BAIIDs. Should NHTSA establish 
standardized acceptance-testing procedures (i.e., testing each 
individual device for conformance), instead of the current type-testing 
guidelines? What testing should be included in such Model 
Specifications? Who should conduct the testing?
    In addition to the above 13 specific areas, NHTSA's 2006 notice 
solicited comments on other areas that might enhance the revisions of 
the Model Specifications. Comments were received from five 
manufacturers of interlock devices, five State government 
representatives, two automobile manufacturers, one association of 
interlock installers and the European Committee for Electrotechnical 
Standardization (CENELEC). Today's notice responds to these comments in 
setting forth the agency's proposal.
    In addition, this notice sets forth the proposed procedures for 
submitting BAIIDs for NHTSA testing (Appendix A) and re-examination of 
BAIIDs that have been tested (Appendix B).

II. Response to Comments

    The comments were supportive of the agency's proposal to revise the 
Model Specifications, noting that they had served well in organizing 
the interlock field but that some adjustments were warranted to assure 
more consistency in the quality of equipment in use today.

A. Set Point, Accuracy and Precision Requirements

    There was a lot of variability among comments on the alcohol set 
point (i.e., Breath Alcohol Concentration (BrAC) at which a BAIID is 
set to lock the ignition). Two commenters stated that the 1992 Model 
Specification requirements for set point was appropriate and should not 
be changed. One State representative recommended a 0.025 g/dL set point 
for adults and a 0.02 g/dL set point for minors. Other State 
representatives commented that the alcohol set point could be more 
stringent. One commenter stated that several States already use a 0.02 
g/dL set point.
    NHTSA proposes to lower the set point for testing BAIIDs from 0.025 
g/dL to 0.02 g/dL. This is the critical point that is used in the 
Breath Alcohol Screening Devices to indicate the presence of alcohol. 
Accordingly, for listing on the Conforming Products List (CPL), NHTSA 
proposes to test BAIIDs that are capable of locking out at a set point 
of 0.02 g/dL. NHTSA believes that 0.02 g/dL is an appropriate set point 
because it is an appropriate level to test the presence of alcohol 
among offenders using ignition interlocks and it is our understanding 
that the technology is available for BAIIDs to have a set point at 0.02 
g/dL.
    A few commenters stated that the 1992 Model Specifications for 
accuracy and precision were appropriate. Most commenters indicated that 
with improved technology, a greater degree of accuracy was possible, 
but did not specify to what degree. One interlock manufacturer 
advocated 95 percent accuracy with a precision of 19 out of 20 test 
trials at 0.01 g/dL above the set point for unstressed conditions 
(i.e., normal) and 100 percent accuracy and with a precision of 20 out 
of 20 test trials at 0.02 g/dL above the set point for stressed 
conditions (i.e., atypical, such as extreme temperatures).
    Accuracy is the degree to which a BAIID measures the BrAC 
correctly. For example, for a BAIID to be accurate, a breath sample 
with no alcohol present (0.000 g/dL) must not lock the ignition. 
Precision is the degree to which that same measure can be repeated. In 
the previous example, for that BAIID to be precise, that same alcohol 
free breath sample should not lock the ignition 20 out of 20 test 
trials.
    NHTSA agrees with the commenters that because of improved 
technology, BAIIDs should be subject to a higher degree of accuracy and 
precision. NHTSA proposes to define the accuracy and precision 
requirements for BAIIDs by testing at 0.012 g/dL above and 
below the nominal set point of 0.02 g/dL, i.e., 0.032 g/dL and 0.008 g/
dL, respectively. At 0.032 g/dL, not more than 1 ignition unlock in 20 
trials would be allowed. At 0.008 g/dL, not more than 1 ignition lock 
in 20 trials would be allowed. No ignition locks in 20 trials would be 
allowed at 0.000 g/dL. This increases the accuracy from 90 percent to 
95 percent at 0.012 g/dL above and below the nominal set 
point of 0.02 g/dL, and 100 percent at 0.000 g/dL. NHTSA determined 
these proposed test levels by using standard statistical techniques for 
small samples.

B. Sensor Technology

    Most commenters stated that it is important to require alcohol-
specific technology in the Model Specifications, but that the 
particular sensor design should not be specified. A small group, 
including States, favored the use of a particular sensor design (e.g., 
fuel cell). One interlock manufacturer stated that a non-alcohol-
specific technology, such as a semi-conductor that senses alcohol 
differently and costs about 50 percent less than a fuel cell, was an 
economic alternative to the fuel cell.
    While alcohol-specific sensor technologies have made great 
advances, this proposal does not limit the sensor technology used in 
the BAIIDs as long as the BAIID meets the performance requirements of 
the Model Specifications. We believe that this approach will allow a 
wider variety of options, including the use of emerging technologies as 
they become available.

C. Sample Size Requirement

    Most commenters advocated lowering the current 1.5 Liters (L) 
minimum sample size (to either 1.2 L or 1.0 L). A subset of these 
commenters felt that anything lower than 1.2 L should be set only on 
recommendation of a physician. One commenter thought that a 1.5 L air 
sample was not enough to ensure an accurate measure of the alcohol 
content. NHTSA agrees with the recommendation to lower the minimum 
sample size to 1.2 L and proposes a minimum 1.2 L sample size. NHTSA 
believes that, at this level, accuracy can be attained and that users 
will be able to deliver this smaller sample size.
    Some commenters felt that a minimum back pressure, which controls 
the force of the air entering the BAIID, was not necessary if the 
sample size was not lower than 1.0 L. One commenter suggested requiring 
1.2 L sample size with a minimum back pressure and a flow rate of 0.2 
L/second. A manufacturer suggested requiring 1.2 L sample size with a 
back pressure of 20 hectoPascal (hPa) (e.g., 2 kiloPascals (kPa)) and a 
flow rate of 0.1 L/sec. One State suggested an exhale-inhale-exhale 
pattern as an alternative to setting a standard. Two States suggested a 
1.2 L sample size with back pressure, temperature and time 
requirements. Two commenters felt that NHTSA should only set the 
minimum sample size, and should not prescribe the means by which the 
sample delivery would be accomplished.
    In addition to lowering the minimum sample size to 1.2 L as 
discussed above,

[[Page 61823]]

NHTSA proposes to require a minimum flow rate of 0.1 L/sec. Flow rate 
is the length of time that a sample breath is delivered into the BAIID. 
NHTSA believes that a 0.1 L/sec minimum flow rate is a level that will 
enable more people to deliver an adequate sample. By lowering the 
minimum sample size and adding a minimum flow rate, NHTSA does not 
believe that specifying a minimum back pressure is necessary. NHTSA 
believes that this proposal will make the BAIID available to a larger 
population of users.

D. Extreme Temperature Testing, Removable Sensing Heads or Units

    One interlock manufacturer suggested that NHTSA test for extreme 
temperature at -45 [deg]C, as temperatures reach that level in high 
latitudes and high altitudes. Another interlock manufacturer suggested 
that NHTSA leave the testing temperature unchanged and continue to 
allow the sensing unit to be removed from the vehicle. Most commenters 
felt that the current testing temperature extremes of -40 [deg]C and 
+85 [deg]C were appropriate, but did not object to tests at more 
extreme temperatures. The CENELEC suggested that the component of the 
device that is mounted in the engine compartment be tested for +125 
[deg]C in addition to -45 [deg]C. CENELEC further suggested that the -
45 [deg]C temperature test be conducted at 75 percent of nominal 
battery voltage because extreme temperatures can reduce available 
voltage from a vehicle battery.
    NHTSA proposes to retain the current extreme temperature tests at -
40 [deg]C and +85 [deg]C. The agency believes that the current 
temperature range is reasonably representative of the environments 
encountered in the United States. However, NHTSA proposes to conduct 
additional high temperature tests for components of the BAIID installed 
in the passenger compartment (at +49 [deg]C) and in the engine 
compartment (at +85 [deg]C), and to specify the humidity level for 
these high temperature tests. Further, NHTSA proposes to discontinue 
testing at -20 [deg]C and +70 [deg]C because our experience indicates 
that testing at the extreme temperatures is sufficient.
    NHTSA also agrees that the -40 [deg]C temperature test should be 
performed at 9 volts, which is representative of 75 percent of the 
nominal battery voltage (i.e., 12-volt automobile battery). NHTSA 
believes that the test should be conducted at this voltage because 
vehicles often do not operate at the optimal battery voltage. 
Accordingly, NHTSA proposes to test BAIIDs using a 9-volt direct 
current (DC) power source, simulating a 12-volt DC battery operating at 
low temperatures.
    Many commenters stated that NHTSA should not allow the removal of 
the sensing unit because BAIIDs are expected to operate at a variety of 
ambient temperature conditions. One State favored a removable 
mouthpiece (to protect users' lips from extreme temperatures), rather 
than a removable sensing unit, and another State favored a prescribed 
warm-up period. NHTSA agrees with the commenters that the sensing unit 
should not be removable because it can more easily be damaged or 
mishandled, leading to frequent repairs and increased cost. 
Accordingly, NHTSA proposes to test only BAIIDs without removable 
sensing heads or units. (The agency does not object to BAIIDs with a 
removable mouthpiece.)

E. RFI or EMI Testing

    Commenters noted that appropriate power for RFI testing should be 
considered because an increasing number of electronic devices are being 
operated in close proximity to BAIIDs, such as gaming, remote keyless 
entry, portable medical and Bluetooth-capable devices. Two BAIID 
manufacturers suggested that the European Standard for EMI be adopted 
because it describes electromagnetic compatibility of vehicles for 
broadband and narrowband interference and shielding. Two commenters 
noted that CB radios were more relevant sources of interference and 
that the CENELEC standard is unnecessarily restrictive on EMI. A State 
government commenter suggested that the Society of Automotive Engineers 
(SAE) J551 Vehicle Electromagnetic Immunity-Bulk Current Injection 
Standard be applied to BAIIDs.
    NHTSA agrees that the current specifications do not adequately 
define or describe RFI/EMI tests. NHTSA proposes to test BAIIDs for 
emissions and transmissions of RFI/EMI and immunity to RFI/EMI using 
the SAE Surface Vehicle Standard J1113 series 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, for RFI/EMI testing. NHTSA proposes these tests 
because we believe that they represent a broad consensus in the 
industry.

F. Tampering and Circumvention Testing

    There was some criticism that the 1992 Model Specifications for 
tampering and circumvention testing are confusing and lack specificity. 
One BAIID manufacturer felt that the U.S. should adopt the CENELEC 
standards for charcoal filters, water bubbler, condensation through a 
long cool tube and pressurized air, and interlock bypass. Another BAIID 
manufacturer commented that there are aspects of the circumvention 
detection specifications that are difficult to quantify because 
different companies develop their own proprietary anti-circumvention 
strategies (e.g., a learned hum code or toot sequence). This 
manufacturer commented that program standards should address this by 
imposing consequences for tampering with devices. Three State 
government commenters suggested that NHTSA should set higher anti-
circumvention standards and have a counter system or data log that 
records attempts to start the vehicle by bypassing the ignition. One 
State thought that the use of time, pressure, differing blow patterns 
and breath temperature should help prevent circumvention. States 
believed that device design should not present challenges to the user, 
and that the individual's breath signature should be used as the basis 
for anti-circumvention efforts.
    Although NHTSA believes that an individual's breath signature 
(i.e., a person's unique breath pattern) is a good goal for the future, 
NHTSA's proposal does not include individual breath signature as an 
anti-circumvention measure. NHTSA does not believe that technology is 
sufficiently advanced to warrant including individual breath signature 
in this proposal. However, NHTSA agrees with commenters that the 
circumvention requirements are confusing. Accordingly, the agency 
proposes to clarify and specify the requirement for circumvention and 
tampering tests and to specify that the BAIID must have tamper proof 
seals to indicate when a BAIID has been disconnected from the ignition.

G. Vehicle-interlock interface

    Interlock manufacturers and providers supported a standard 
interlock-vehicle interface, and recommended that NHTSA require all 
vehicles to have either a communications bus interface or another hard-
wired interface connector for specific use for any ignition interlock 
device. Other commenters suggested that a common interface would be a 
great convenience since it would make installation easier. However, two 
automobile manufacturers commented that although there may be benefits, 
requiring all vehicles to have a common interface for BAIIDs presented 
significant challenges

[[Page 61824]]

that could compromise vehicle ignition security systems and anti-theft 
immobilizing technologies.
    While we understand the installation convenience that would be 
afforded by a common vehicle interlock interface, such a requirement 
goes beyond the scope of this proposal, which is limited to the BAIID 
itself and not to changes to the vehicle.

H. Calibration Stability and Service Interval

    NHTSA received comments regarding both calibration stability and 
service interval requirements. Some manufacturers commented that NHTSA 
should establish separate requirements for the minimum period of 
calibration stability and the service interval. NHTSA notes that these 
two requirements are interrelated. If a BAIID's calibration remains 
stable for a given period of time, it follows that service will be 
required after that period to verify the calibration of the BAIID. For 
clarity, NHTSA proposes to define calibration stability as the ability 
of the BAIID to hold its accuracy and precision over a defined time 
period and calibration interval as the maximum time period that a BAIID 
may be used without a calibration check, after which the ignition must 
lock. NHTSA proposes to define the service interval as the maximum time 
period that a BAIID may be used without maintenance.
    For both the calibration interval and the service interval, most 
commenters stated that the BAIID should enter a lockout countdown to 
notify the BAIID user that the BAIID needs a calibration check or 
maintenance, service or data download, and the BAIID should prevent the 
vehicle from starting at the end of the lockout countdown period. In 
response to these comments, NHTSA proposes to incorporate a 7-day 
lockout countdown for both calibration interval and service interval. 
NHTSA believes that requiring a lockout countdown for both the 
calibration interval and the service interval is important to ensure 
that the BAIID is accurately reading breath samples and is properly 
working. NHTSA further proposes that during the lockout countdown 
period, the BAIID should notify the user of the time remaining before 
the ignition locks. However, NHTSA declines to impose any countdown or 
lockout requirement for downloading data, as this decision should 
properly be left to the States or the courts for decision.
    NHTSA proposes to revise the calibration stability requirements. 
The 1992 Model Specifications called for calibration stability for 7 
days beyond the manufacturer's designated calibration stability period 
of 30, 45, or 60 days. For example, if the manufacturer required that 
the calibration of BAIIDs be checked after 60 days, the BAIID would 
need to hold the calibration for 67 days. NHTSA now proposes that 
BAIIDs must hold calibration for a minimum 30 days plus the 7-day 
lockout countdown described previously (i.e., 37 days) in order to 
conform to the Model Specifications. Although some manufacturers have 
BAIIDs that are claimed to hold calibration for a longer time period, 
NHTSA proposes to test the calibration stability at 37 days (i.e., 30 
days plus the 7-day lockout countdown) and to require lockout after 37 
days. Accordingly, NHTSA proposes that only BAIIDs that meet both the 
37-day calibration stability test and the 30+ 7-day lockout countdown 
function will be listed on the CPL.
    NHTSA also proposes to add service interval requirements. The 1992 
Model Specifications did not specifically require a service interval 
period. Although the term ``service interval'' is used in the 1992 
Model Specifications, that term was used only in relation to 
calibration stability. It is our understanding that some States use 
this term to denote the time period for maintenance and data download 
as well as calibration stability checks. Commenters from State 
governments recommended that NHTSA require that BAIIDs have a service 
interval not greater than 30 days, plus a 7-day lockout countdown. 
NHTSA agrees with these comments and proposes to incorporate this 
requirement in the Model Specifications because requiring regular 
maintenance checks is important to ensure that the BAIID is properly 
working. As noted above, we do not specify a lockout requirement for 
data download.

I. Ready-to-Use Times and Retest

    Commenters stated that a quicker ready-to-use time is possible with 
newer technology. A commenter stated that one of the biggest complaints 
with users of BAIIDs is the waiting time for the breath test, and that 
reducing the waiting time may increase the acceptance of BAIIDs. 
Several manufacturers indicated that a faster ready time of 3 minutes 
at low temperatures was achievable.
    NHTSA agrees that with current technology, BAIIDs can be ready for 
use faster than the times provided under the 1992 Model Specifications. 
NHTSA proposes that at temperatures above -40 [deg]C (-40 [deg]F), 
BAIIDs should be ready for use in 1 minute or less and be ready to 
retest in 1 minute or less. For temperatures at -40 [deg]C (-40 
[deg]F), NHTSA proposes that the BAIID should be ready for use in 3 
minutes or less and ready to retest in 3 minutes or less. NHTSA 
proposes to test this performance.
    NHTSA does not intend that retests be conducted while the vehicle 
is moving, but rather while the engine is running with the vehicle 
stopped in a safe location on the side of the road. The proposed Model 
Specifications make this point clear.

J. NHTSA Testing

    Commenters favored a certified testing laboratory program. Most 
advocated a NHTSA test program and the development of a Conforming 
Products List (CPL) based on the Model Specifications. One commenter 
favored having a single private testing laboratory certified by NHTSA 
for this purpose. Several manufacturers noted significant problems with 
State certification requirements leading to questionable test results 
for some products. In general, both manufacturers and States favored a 
NHTSA test program because it would organize and standardize the 
industry and exclude less effective BAIIDs. One commenter suggested 
that NHTSA require BAIID re-certification in the event of an instrument 
design change and/or at some reasonable interval.
    NHTSA proposes to test BAIIDs for conformance with the Model 
Specifications. See Appendix A for proposed BAIID submission 
procedures. NHTSA also proposes to maintain and publish periodically a 
CPL with BAIIDs that have been tested and found to conform to the Model 
Specifications. NHTSA proposes to manage this new program as it does 
its other breath alcohol instrument testing programs, including the re-
examination of BAIIDs at its sole discretion (Appendix B) and requiring 
manufacturers to inform NHTSA of any changes or modifications to a 
tested BAIID. As with NHTSA's other testing programs, NHTSA also 
proposes to require manufacturers to submit a quality assurance plan 
(QAP) for BAIIDs being tested. A QAP is a manufacturer's plan for 
maintaining the integrity and the calibration of a BAIID. NHTSA 
proposes that the QAP include the following information: instructions 
for checking the calibration of the BAIID (i.e., recommended 
calibrating unit, BrAC of 0.02 g/dL, agreement not greater than 0.005 BrAC, verification of accuracy of readout, actions to take 
for failed calibration check), instructions for downloading the data 
from the data logger, instructions to maintain the BAIID, instructions 
on checking for

[[Page 61825]]

tampering, and any other information regarding quality assurance unique 
to the instrument. See Appendix C, the proposed sample QAP template.
    Testing of BAIIDs will be subject to the availability of Federal 
funds. If Federal funds are not available, NHTSA will discontinue 
testing BAIIDs until funds become available.

K. International Harmonization

    There was considerable variability from commenters on this issue. 
Those favoring harmonization with the CENELEC standards argued that in 
an increasingly global marketplace, common standards would benefit both 
economic and safety concerns. Some against harmonization stated that 
aspects of the CENELEC standard are potentially restrictive and costly. 
Others opposed harmonization because the U.S. organized the BAIID 
industry by emphasizing safety and design flexibility in a way that 
encouraged the domestic industry and avoided costly requirements.
    NHTSA believes that there are some benefits to harmonizing some 
standards, and has proposed to incorporate aspects of CENELEC standards 
as identified elsewhere in this proposal.

L. Interlock Program Specifications

    Some commenters stated that interlock program specifications or 
interlock program guidelines (i.e., programs to implement the use of 
BAIIDs) have been and should remain a function of State government. 
Others largely expressed support for NHTSA development of interlock 
program guidelines, especially in the areas of installation 
requirements, monitoring and recalibration of devices, and recognizing 
device tampering. While NHTSA believes that such a program is 
important, today's notice addresses only BAIID performance criteria and 
testing of BAIIDs. NHTSA may explore interlock program guidelines in a 
future action.

M. Acceptance Testing

    Some commenters stated that acceptance testing is being performed 
by some States, but that the criteria vary among those States. These 
commenters stated that NHTSA should establish standardized acceptance-
testing procedures in addition to the 1992 Model Specifications. 
Several commenters requested that the term ``acceptance testing'' be 
more clearly defined. One commenter recommended that NHTSA establish 
enforceable guidelines, mandatory audits and periodic re-examinations.
    NHTSA defines ``acceptance testing'' as the pass-fail evaluation of 
each individual device performed before placing that device into 
service. Because of limited resources, NHTSA proposes to conduct 
``type-testing'' (i.e., testing of a sample of a particular model of 
BAIID, rather than every device manufactured).

N. Additional Comments

    1. Two commenters suggested that BAIID manufacturers make available 
the operating software codes of the BAIIDs, including disclosure of how 
the BAIIDs monitor their own malfunctions and the criteria the devices 
use to trigger recalls. NHTSA does not believe that making a 
manufacturer's proprietary software publicly available is desirable or 
necessary, as the agency's proposal sets forth performance 
specifications, not design specifications. Moreover, making such 
information public may lead to increased circumvention and tampering.
    2. Commenters suggested that data loggers distinguish calibration 
tests from user samples. NHTSA agrees that distinguishing such 
information would be useful for monitoring the BAIID user. Accordingly, 
NHTSA proposes that the BAIID must include a data logger that will 
distinguish calibration tests from user samples as well as record all 
start attempts and outcomes, such as emergency override, circumvention, 
tampering, and BrAC for each start attempt. The data must be presented 
in chronological order (i.e., by date and time of event). See Appendix 
D for a sample format for downloaded data from the data logger. The 
audit trail should also indicate the version of the metrological 
software (i.e., the BAIID's operating system) in use. All printed and 
downloaded reports should indicate the software version. NHTSA proposes 
to test these features.
    The agency understands that some customers (such as States) request 
certain changes to the BAIID, so that read-out data is presented in a 
particular format. Such customization is generally accomplished through 
software modifications. Testing customer-driven software modifications 
is beyond the scope of this program. Moreover, if such modifications 
were permitted to be performed to the internal software of the BAIID at 
a customer's behest, the integrity of the CPL would be compromised as 
the BAIID tested could then differ from customized devices in 
production. However, NHTSA is aware that States (and local 
jurisdictions) use different set points in their interlock programs. 
Therefore, we do not believe that changes to the set point, alone, 
should be deemed impermissible modifications. Accordingly, the agency's 
proposal does not allow any modifications of internal BAIID software at 
the behest of customers, except for adjustments to the set point. (We 
note that for testing purposes, NHTSA proposes to test BAIIDs with an 
alcohol set point of 0.02 g/dL.) Manufacturers wishing to accommodate a 
customer's interest in data formatting options should do so by 
providing a port that allows connection of a peripheral device with its 
own formatting software. Manufacturers are advised that, when 
submitting a BAIID to NHTSA for testing, they must submit the basic 
model without any customized or add-on software.
    3. Commenters suggested that the BAIID memory should be located in 
a fixed control box. NHTSA agrees with these commenters and proposes to 
add this to the General Requirements and BAIID Features because a fixed 
control box provides less opportunity for potential damage to the BAIID 
memory.
    4. Commenters suggested that restarts should be allowed only if a 
vehicle stalls, but not if the ignition is intentionally turned-off or 
if a BAIID malfunctions or is awaiting a retest. NHTSA proposes that a 
restart (i.e., without a breath sample) should be allowed when the 
vehicle stalls, provided the restart is accomplished in no more than 20 
seconds. NHTSA also proposes that in all other situations where the 
vehicle malfunctions, the vehicle should be prevented from starting 
without a breath test.
    Commenters further suggested that if a BAIID malfunctions or fails, 
the device should default to preventing the vehicle from starting. 
NHTSA agrees with the commenters and proposes that if a BAIID 
malfunctions or fails (e.g., improper voltage, temperature exceeding 
operating range, dead sensor, etc.), the BAIID should prevent the 
vehicle from starting.
    5. Some commenters stated that an emergency override was a useful 
feature. NHTSA declines to propose that BAIIDs be required to have an 
emergency override feature (i.e., the ability to start the vehicle 
without a breath test) in order to conform with the Model 
Specifications. However, should a BAIID be equipped with an emergency 
override feature, NHTSA proposes to allow its activation to start the 
vehicle only once. After that, the BAIID must indicate the need for 
service and record the use of the emergency override. No additional 
emergency overrides would be allowed during the lifetime of the BAIID 
installation. The agency proposes to test this feature. NHTSA also 
proposes that this emergency override feature have a default to prevent 
an

[[Page 61826]]

override from being used when the BAIID malfunctions or fails. See 
Section II, N, 4 above.
    6. A commenter suggested that the BrAC test results be displayed to 
the driver. NHTSA declines to propose that BAIIDs display the BrAC test 
results to the driver and does not propose to add this requirement in 
the Model Specifications. NHTSA believes that the role of the BAIID is 
to detect the presence of alcohol and to prevent the driver from 
operating the vehicle if alcohol is present. We believe that displaying 
the BrAC goes beyond the purpose of the BAIID. Accordingly, NHTSA does 
not propose to test BAIIDs for the accuracy of the BrAC display. NHTSA 
proposes to test only the accuracy of the notifications to a BAIID user 
that are related to the features tested by NHTSA, such as warm-up time, 
retest, calibration check and service interval.
    In addition, NHTSA proposes to remove a number of tests for 
optional features identified in the 1992 Model Specifications.
    7. A commenter suggested that an interlock-specific tone (other 
than a honking horn) be used to alert outsiders to BAIID violations. At 
this time, NHTSA does not believe that audible sounds or lights to 
alert the public to interlock violations are necessary, and does not 
include the suggestion in this proposal.
    8. A commenter suggested that several CENELEC standards be adopted 
into the Model Specifications, including a dust test, a drop test for 
removable sensor heads, vibration tests, and protection against reverse 
polarity on all circuits. That commenter also suggested that 
instruction guides or manuals be provided to the interlock installers 
and user.
    In two decades of experience, NHTSA has received no reports 
suggesting that dust is an issue or source of concern in BAIIDs 
installed in vehicles. Therefore, we are not proposing a dust standard. 
As the agency's proposal does not allow the removal of the sensor head, 
we are not proposing a drop test. NHTSA proposes to update the 
vibration and cigarette smoke tests from the 1992 Model Specifications 
to incorporate aspects of the CENELEC standard (see Test 7 and Test 12, 
respectively). NHTSA agrees with the commenter that electrical 
properties of the vehicle (contact safety, etc.) must not adversely 
affect or be affected by a properly installed BAIID. NHTSA also agrees 
that instruction guides or manuals should be made available to 
interlock installers and users.

O. Other Proposed Revisions

    The agency proposes to re-organize the Model Specifications to 
improve clarity. NHTSA also proposes to delete the commentary sections 
of the 1992 Model Specifications because these sections are no longer 
necessary. Also, we have not retained the previous organization of 
sections on safety and utility, and we have specified in more detail 
the tests for humidity, cigarette smoke, retest, and circumvention and 
tampering. In addition, the proposed Model Specifications no longer 
include a separate test for user displays, but rather incorporate the 
test for user display under other tests (e.g., warm up time, retest, 
calibration interval, service interval). The proposed Model 
Specifications delineate conformance tests and performance 
requirements.
    NHTSA proposes to delete the following terms as no longer 
applicable: Safety and Utility (Safety Feature, Utility Feature, and 
Optional Feature), Stress Tests, Certification Tests, Clearance Rates, 
Device, Fail-safe, False-negative, False-positive, High end and Low 
end. NHTSA also proposes to add three terms--calibration stability, 
calibration interval, and service interval. See Section II, H.
    NHTSA proposes to delete the Certification Test Summary and the 
Equipment List that appeared in Appendices A and B because these 
provisions are obsolete, and relevant information is incorporated in 
the Tests.
    NHTSA proposes to add two tests to the Model Specifications--High 
Altitude (Test 11) and Acetone (Test 13). NHTSA believes that because 
high altitudes may affect semi-conductor type alcohol sensors, this 
condition should be tested. NHTSA believes that acetone should be 
tested because it is the most common interfering substance for BAIIDs. 
Finally, of the tests listed, Test 17 (Data Integrity and Format) must 
be performed last as this test checks the integrity of the downloaded 
data. See also Appendix D for a sample format for downloaded data from 
the data logger.
    In addition, NHTSA proposes that in order to be listed on the CPL, 
manufacturers must submit a self-certification, certifying that the 
manufacturer meets the requirements of the U.S. Department of Health 
and Human Services Public Health Services, Food and Drug 
Administration's (FDA) Good Manufacturing Practices regulations for 
devices used for medical purposes (21 CFR Part 820), and that the 
device's label meets the requirements contained in FDA's Labeling 
regulations for devices used for medical purposes (21 CFR 809.10), even 
if the devices are not to be used for medical purposes. If NHTSA 
becomes aware that a manufacturer of a BAIID on the CPL is not in 
compliance with the requirements in FDA's Good Manufacturing Practices 
regulations for devices used for medical purposes or that the device's 
label does not comply with the requirements in FDA's labeling 
regulations for devices used for medical purposes, NHTSA may remove the 
manufacturer's BAIID from the CPL.
    The agency encourages interested parties to review carefully this 
notice and the Model Specifications set forth below, and to submit 
comments in the manner identified in Addresses above.
    These proposed Model Specifications, if adopted in final, would not 
have the force of regulations and are not binding. States and others 
may adopt these Model Specifications and rely on NHTSA's type-test 
results or they may conduct their own tests according to their own 
procedures and specifications.
    After consideration of the comments, the agency proposes the Model 
Specifications for Breath Alcohol Ignition Interlock Devices as set 
forth below.

    Authority:  23 U.S.C. 403; 49 CFR 1.50; 49 CFR part 501.

Model Specifications for Breath Alcohol Ignition Interlock Devices 
(BAIID)

A. Purpose and Scope

1. In General
    The purpose of these specifications is to establish performance 
criteria and test methods for breath alcohol ignition interlock devices 
(BAIIDs), commonly referred to as alcohol interlocks or ignition 
interlocks. BAIIDs are breath alcohol sensing instruments designed to 
be connected to the ignition system in a way that prevents the motor 
vehicle from starting unless the driver first provides a breath sample 
whose alcohol concentration is below the set point into the BAIID. If 
the measured breath alcohol concentration (BrAC) is at or above a set 
level, the ignition is locked and the vehicle will not start. BAIIDs 
are currently being used as court sanctions as well as administrative 
conditions of licensure. Drivers convicted of Driving While Intoxicated 
(DWI) may be required to use BAIIDs in their vehicle under court 
supervision or as part of a required path to full reinstatement of 
driving privileges. These specifications are intended for use in 
conformance testing of BAIIDs installed in vehicles. BAIIDs found to 
conform to these specifications will be placed on a conforming products 
list

[[Page 61827]]

(CPL) published in the Federal Register. NHTSA will periodically update 
this CPL. These specifications are voluntary and do not impose any 
compliance obligations on BAIID manufacturers or others.
2. Limitations
    NHTSA will test BAIIDs for conformance with these Model 
Specifications on a first-come, first-served basis, subject to the 
manufacturer submission requirements of Appendix A. Any re-examination 
of BAIIDs will be conducted at the agency's sole discretion, in 
accordance with the provisions of Appendix B. All tests are subject to 
the availability of Federal funds.

B. Terms

    Alcohol--Ethanol or ethyl alcohol (C2H5OH).
    Alcohol set point--Breath Alcohol Concentration (BrAC) at which a 
BAIID is set to lock the ignition.
    Breath Alcohol Concentration (BrAC)--The amount of alcohol in a 
given amount of breath, expressed in weight per volume (w/v) based upon 
grams of alcohol per 210 liters (L) of breath, in accordance with the 
Uniform Vehicle Code, Chapter 11, Section 11-903.4 and 5.\1\
---------------------------------------------------------------------------

    \1\ Available from the National Committee on Uniform Traffic 
Laws and Ordinances, 107 South West Street, 110, 
Alexandria, VA 22314 (https://www.ncutlo.org).
---------------------------------------------------------------------------

    Breath alcohol ignition interlock device (BAIID)--A device that is 
designed to allow a driver to start a vehicle if the driver's BrAC is 
below the set point and to prevent the driver from starting the vehicle 
if the driver's BrAC is at or above the set point.
    Breath Sample - Normal expired human breath primarily containing 
air from the deep lung.
    Calibration Interval--The maximum time period that a BAIID may be 
used without a calibration check, after which the ignition must lock.
    Calibration Stability--The ability of a BAIID to hold its accuracy 
and precision over a defined time period.
    Circumvention--An attempt to bypass the correct operation of a 
BAIID, whether by use of an altered breath sample, by starting the 
vehicle without using the ignition switch, or by any other means 
without first providing a breath sample.
    Filtered air sample--Any human breath sample that has intentionally 
been altered so as to remove alcohol from it.
    Interlock Data Logger--A device within a BAIID that records all 
pertinent events, dates, and times during the period of installation 
and use of a BAIID.
    Retest--A breath test that is required after the initial engine 
start-up breath test and while the engine is running with the vehicle 
stopped in a safe location on the side of the road. This is also 
referred to as a running retest or a rolling retest.
    Service Interval--The maximum time period that a BAIID may be used 
without maintenance or data download, after which the ignition must 
lock.
    Simulator--A device that produces an alcohol-in-air test sample of 
known concentration (e.g., a Breath Alcohol Sampling Simulator 
(BASS))\2\ or a device that meets the NHTSA Model Specifications for 
Calibrating Units (72 FR 34742)).
---------------------------------------------------------------------------

    \2\ See NBS Special Publication 480-41, July 1981. Available 
from Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402.
---------------------------------------------------------------------------

    Tampering--An attempt to physically disable, disconnect, adjust, or 
otherwise alter the proper operation of a BAIID.

C. General Requirements and Features of BAIIDs

    In order to be listed on NHTSA's Conforming Products List (CPL), a 
BAIID must meet the following requirements:
    The BAIID must pass each of the conformance tests 1 through 17 in 
Section D, unless explicitly excluded from a test by the specific terms 
of these specifications.
    Installation and service of the BAIID in a vehicle must not 
compromise any normal function of the vehicle, including anti-theft 
functions, on-board computer functions, or vehicle safety features 
required by the Federal Motor Vehicle Safety Standards, and must not 
cause harm to the vehicle occupants. Care should be taken to protect 
against reverse polarity and damage to other circuits and to ensure 
that the BAIID does not drain the vehicle's battery while in sleep mode 
(i.e., power save mode).
    The BAIID must not have a removable sensing head or unit, but may 
include the use of a detachable mouthpiece for breath sample delivery.
    The BAIID memory must be in a fixed control box.
    The BAIID must have tamper proof seals to indicate when a BAIID has 
been disconnected from the ignition.
    The BAIID must be capable of locking out at a specified breath 
alcohol concentration. The submitted BAIID will be tested at an alcohol 
set point of 0.02 g/dL with a minimum flow rate of 0.1 L/sec. Upon 
detecting an alcohol concentration at or above that set point, the 
BAIID must lock the ignition for a period of time before another test 
can be performed.
    If the vehicle is equipped with a remote start device, the BAIID 
must be installed so that the remote start function is bypassed or 
disabled so that a valid breath test must be performed before the 
vehicle may be started.
    The BAIID must include clear instructions to the driver (e.g., when 
to blow, when to wait, when to start the vehicle, when to retest, when 
a lockout countdown occurs, including the time remaining before the 
BAIID locks the vehicle's ignition, and when to seek service).
    Manufacturers must submit the operator's manual (user's guide or 
instructions to the user), the maintenance manual, and specifications 
and drawings fully describing the BAIID to the Volpe Center.
    In addition, manufacturers must submit the quality assurance plan 
(QAP) to NHTSA for approval. The QAP must include the following 
information: instructions for checking the calibration of the BAIID 
(i.e., recommended calibrating unit, BrAC of 0.02 g/dL, agreement not 
greater than 0.005 BrAC, verification of accuracy of 
readout, actions to take for failed calibration check), instructions 
for downloading the data from the data logger, instructions to maintain 
the BAIID, instructions on checking for tampering, and any other 
information regarding quality assurance unique to the BAIID. See 
Appendix C for sample QAP template.
    Manufacturer must also submit a self-certification to NHTSA, 
certifying that the manufacturer meets the requirements of the U.S. 
Department of Health and Human Services Public Health Services, Food 
and Drug Administration's (FDA) Good Manufacturing Practices 
regulations for devices used for medical purposes (21 CFR Part 820), 
and that the device's label meets the requirements contained in FDA's 
Labeling regulations for devices used for medical purposes (21 CFR 
809.10), even if the devices are not to be used for medical purposes. 
(If NHTSA becomes aware that a manufacturer of a BAIID on the CPL is 
not in compliance with the requirements in FDA's Good Manufacturing 
Practices regulations for devices used for medical purposes or that the 
device's label does not comply with the requirements in FDA's labeling 
regulations for devices used for medical purposes, NHTSA may remove the 
manufacturer's BAIID from the CPL.)
    The design of the BAIID must include a data logger that will record 
all start

[[Page 61828]]

attempts and outcomes, including an emergency override, delineation of 
calibration checks, circumvention, tampering, operator attempts to 
start the vehicle, and BrAC for each start attempt. The data must be 
presented in chronological order (i.e., by date and time of event). See 
Appendix D for a sample format for downloaded data from the data 
logger. The manufacturer must provide NHTSA with a means of downloading 
the data from the data logger.
    The BAIID must track all changes to the metrological software and 
indicate the software version and date on all printed and downloaded 
reports. The BAIID must not include any add-on or specialized software 
to meet the needs of a specific customer. Manufacturers wishing to 
accommodate a customer's interest in data formatting options should do 
so by providing a port that allows connection of a peripheral device 
with its own formatting software. We are aware that States (and local 
jurisdictions) use different set points in their interlock programs, 
and such changes to the set point, alone, would not be deemed 
impermissible. However, NHTSA will test BAIIDs at an alcohol set point 
of 0.02 g/dL.

D. BAIID Test Procedures

General Test Conditions
    Unless otherwise specified in the conformance test, the following 
conditions apply to each test:
     Number of trials at each alcohol level = 20
     Ambient temperature: 22 [deg]C  3 [deg]C (71.6 
[deg]F  5.4 [deg]F).
     Ambient atmospheric pressure: 97.5 kPa  10.5 
kPa (25.7 and 31.9 inches Hg).
     Sample parameters: volume 1.2 liters; ambient flow rate 
0.3 Liters per second; maximum delivery pressure 2.5 kPa; temperature 
34 [deg]C (93.2 [deg]F)
     Simulated breath samples will be generated by the BASS\3\ 
or by a wet bath type calibrating unit that is listed on the NHTSA 
Conforming Products List for such devices. Solutions used in the 
calibrating device will be prepared as described in the NHTSA Model 
Specifications for Calibrating Units published June 25, 2007 (72 FR 
34742).
---------------------------------------------------------------------------

    \3\ See NBS Special Publication 480-41, July 1981. Available 
from Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402.
---------------------------------------------------------------------------

Performance Requirements
    Unless otherwise specified in the conformance test, the BAIID must 
meet the following performance requirements in each test:
     Tests at 0.032 g/dL BrAC (grams alcohol/210 liters of 
air): not more than 1 ignition unlock in 20 trials is allowed.
     Test at 0.008 g/dL BrAC: not more than 1 ignition lock in 
20 trials is allowed.
     Tests at 0.000 g/dL BrAC: no ignition lock in 20 trials is 
allowed.
     A BAIID must be ready for use 1 minute after it is turned 
on. A BAIID must be ready for a second test within 1 minute of a 
preceding test.
Conformance Tests
    Unless otherwise specified in a test, these conformance tests need 
not be conducted in any particular order. Except when a test or portion 
of a test specifically requires the use of a motor vehicle, NHTSA may 
elect to use either a motor vehicle or a bench test set-up that 
simulates the relevant functions of a motor vehicle.
Test 1. Precision and Accuracy
    Test the BAIID at the following alcohol concentrations:
    a. 0.000 g/dL BrAC,
    b. 0.008 g/dL BrAC, and
    c. 0.032 g/dL BrAC.
Test 2. Breath Sample Volume and Flow Rate
    Use a mass flow meter to monitor sample volume. Conduct each test 
(a-d) five times.
    a. Test at 0.000 g/dL BrAC with sample volume 1.0 liter. The BAIID 
must lock the ignition and indicate insufficient volume 5 out of 5 
times.
    b. Test at 0.000 g/dL BrAC with sample volume 1.5 liters. The BAIID 
must not lock the ignition 5 out of 5 times.
    c. Test at 0.000 g/dL BrAC with sample volume 1.2 liters at 0.1 L/
s. The BAIID must not lock the ignition 5 out of 5 times.
    d. Test at 0.000 g/dL BrAC with sample volume 1.2 liters at 0.7 L/
s. The BAIID must not lock the ignition 5 out of 5 times.
Test 3. Calibration Interval and Calibration Stability
    Initialize the BAIID to begin the calibration stability test. A 
BAIID must not be re-calibrated after the start of Test 3. Conduct Test 
1. Repeat Test 1 at 37 days. Test 2 and Tests 4-15 may be performed 
between these two Precision and Accuracy tests.
    After 30 days, the BAIID must prominently indicate a 7-day lockout 
countdown, i.e., an indication that the BAIID must be taken to a 
designated facility for a calibration check within 7 days or the 
ignition will lock and the event will be logged. Over the course of the 
7-day lockout countdown, the BAIID must prominently indicate that the 
BAIID needs a calibration check, the time remaining until ignition 
lockout, but the ignition must not lock. At the end of this 7-day 
lockout countdown, the BAIID must prominently indicate that the BAIID 
needs a calibration check and the ignition must lock.
Test 4. Input Power
    Conduct Test 1b and Test 1c at the following input power 
conditions:
    a. Test at 11 VDC input power.
    b. Test at 16 VDC input power.
Test 5. Extreme Temperature and Humidity
    Using a temperature/humidity chamber:
    a. Soak the BAIID at -40 [deg]C (-40 [deg]F) for 1 hour, then 
conduct Test 1b and Test 1c at that temperature using 9 VDC input 
power.
    b. Soak the BAIID at 49 [deg]C (120 [deg]F), 95 percent relative 
humidity for 1 hour, then conduct Test 1b and Test 1c at that 
temperature and humidity using 16 VDC input power.
    c. This part of the test applies only to BAIIDs with components 
installed in the engine compartment. Soak the components of the BAIID 
that are installed in the engine compartment at 85 [deg]C (185 [deg]F), 
95 percent relative humidity for 1 hour, then conduct Test 1b and Test 
1c at that temperature and humidity using 16 VDC input power. The 
components that are installed in the passenger compartment should 
remain at ambient temperature and humidity conditions (see General Test 
Conditions).
Test 6. Warm Up Time at -40 [deg]C
    Using a temperature chamber, soak the BAIID for 1 hour at -40 
[deg]C. With input power set at 9 VDC, the BAIID must be ready to test 
in 3 minutes, and ready to retest in 3 minutes after being turned on. 
Conduct Test 6 five times. The BAIID must indicate that it is ready to 
test or ready to retest in 3 minutes all five times. This test may be 
conducted in conjunction with Test 5 Extreme Temperature and Humidity.
Test 7. Vibration
    Vibrate the BAIID in simple harmonic motion on each of three main 
axes uniformly through the frequency schedule specified below. For 
components not intended to be mounted on the engine, vibrate according 
to Test 7a; for components intended to be mounted on the engine, 
vibrate according to Test 7b. If a BAIID consists of several components 
connected by electrical wires or connected wirelessly,

[[Page 61829]]

vibrate these components separately. After completion of the vibration, 
remove the BAIID from the shake table and conduct Test 1b and Test 1c.

                                                              Vibration Frequency Schedule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         Acceleration,
                         Test 7                            Frequency range,   Number of cycles     Sweep rate,      Amplitude, inches  gravity (g), 0 to
                                                                  Hz                                octave/min          0 to peak             peak
--------------------------------------------------------------------------------------------------------------------------------------------------------
a.......................................................          10 to 500                 10                  1                0.2                   3
b.......................................................          10 to 500                 10                  1                0.08                 15
--------------------------------------------------------------------------------------------------------------------------------------------------------

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. Retests must 
not be conducted while the vehicle is moving, but must be conducted 
while the engine is running with the vehicle stopped in a safe location 
on the side of the road.
    a. Within an interval of 5 to 7 minutes after a successful ignition 
unlock, using a 0.000 g/dL BrAC test sample, and while the ignition 
remains unlocked and the engine is running, the BAIID must indicate 
that a second breath sample is required. Conduct Test 1b five times. 
The ignition must remain unlocked all 5 times.
    b. Within an interval of 5 to 7 minutes after a successful ignition 
unlock, using a 0.000 g/dL BrAC test sample, and while the ignition 
remains unlocked and the engine is running, the BAIID must indicate 
that a second breath sample is required. Conduct Test 1c five times. 
The igniti