Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), 16720-16723 [2015-07161]
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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices
approximately 50 registrants governed
by Rule 6c–7. The burden of compliance
with Rule 6c–7, in connection with the
registrants obtaining from a purchaser,
prior to or at the time of purchase, a
signed document acknowledging the
restrictions on redeem ability imposed
by Texas law, is estimated to be
approximately 3 minutes per response
for each of approximately 2,300
purchasers annually (at an estimated
$64 per hour),1 for a total annual burden
of 115 hours (at a total annual cost of
$7,360).
Rule 6c–7 requires that the separate
account’s registration statement under
the Securities Act of 1933 (15 U.S.C. 77a
et seq.) include a representation that
Rule 6c–7 is being relied upon and is
being complied with. This requirement
enhances the Commission’s ability to
monitor utilization of and compliance
with the rule. There are no
recordkeeping requirements with
respect to Rule 6c–7.
The estimate of average burden hours
is made solely for the purposes of the
Paperwork Reduction Act, and is not
derived from a comprehensive or even
a representative survey or study of the
costs of Commission rules or forms. The
Commission does not include in the
estimate of average burden hours the
time preparing registration statements
and sales literature disclosure regarding
the restrictions on redeem ability
imposed by Texas law. The estimate of
burden hours for completing the
relevant registration statements are
reported on the separate PRA
submissions for those statements. (See
the separate PRA submissions for Form
N–3 (17 CFR 274.11b) and Form N–4 (17
CFR 274.11c).)
Complying with the collection of
information requirements of the rules is
necessary to obtain a benefit. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid control
number.
The public may view the background
documentation for this information
collection at the following Web site,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to: Shagufta_
1 $64/hour figure for a Compliance Clerk is from
SIFMA’s Office Salaries in the Securities Industry
2013 survey, modified by Commission staff to
account for an 1800-hour work year and multiplied
by 2.93 to account for bonuses, firm size, employee
benefits and overhead.
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19:57 Mar 27, 2015
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Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
100 F Street NE., Washington, DC 20549
or send an email to: PRA_Mailbox@
sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
Dated: March 24, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–07130 Filed 3–27–15; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0058]
Model Specifications for Breath
Alcohol Ignition Interlock Devices
(BAIIDs)
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Technical corrections; proposed
changes and request for comments.
AGENCY:
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
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.,
SUMMARY:
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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 Reglations.gov at
https://www.regulations.gov/search/
footer/privacyanduse.jsp.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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: decarlo.ciccel@dot.gov.
For legal issues: Ms. Jin Kim, AttorneyAdvisor, 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: jin.kim@dot.gov.
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
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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°C/32°F)’’ to
clarify that the sample should be
‘‘cooled to ice water temperature,’’
which is 0°C (32°F).
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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.
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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.’’
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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 interlockequipped 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 interlockequipped 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
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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.’’
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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),
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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
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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 °C/32 °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
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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
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*
*
*
*
*
d. Warmed air sample. Prepare a 12ounce 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°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.
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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.
Pulse
(12 v sys)
Severity
(volts)
Level
3b ...........
4 .............
5a ...........
4
1
2
3
4
1
2
3
4
1
¥150
25
50
75
100
¥4
¥5
¥6
¥7
87
Status
IV
I
II
II
IV
I
II
II
IV
IV
*
*
*
*
*
f. J1113–21 2005–10 Immunity to
Electromagnetic Fields, 400 MHz to 18
GHz.
Severity (V/M)
Up to 60 .........................................
60–80 .............................................
80–100 ...........................................
100–150 .........................................
Status
I
II
III
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
DEPARTMENT OF TRANSPORTATION
1
2
3
4
Office of the Secretary
Severity
(volts, peak
to peak)
Level
...........................
...........................
...........................
...........................
Status
25 to 60 ........
60 to 80 ........
80 to 100 ......
100 ...............
I
II
III
IV
d. J1113–11 2007–06 Immunity to
Conducted Transients on Power Leads.
[Docket No. DOT–OST–2012–0087]
Advisory Committee for Aviation
Consumer Protection
Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Notice of seventh meeting of
advisory committee.
AGENCY:
This notice announces the
seventh meeting of the Advisory
Committee for Aviation Consumer
Protection.
SUMMARY:
Pulse
(12 v sys)
1 .............
2a ...........
2b ...........
3a ...........
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Severity
(volts)
Level
1
2
3
4
1
2
3
4
1
1
2
3
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Status
¥25
¥50
¥75
¥100
25
40
50
75
10
¥35
¥75
¥112
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I
II
II
IV
I
II
II
IV
I
I
II
II
The seventh meeting of the
advisory committee is scheduled for
April 14, 2015, from 9:00 a.m. to 4:00
p.m., Eastern Time.
ADDRESSES: The meeting will be held in
the Media Center (located on the lobby
level of the West Building) at the U.S.
Department of Transportation (DOT)
headquarters, 1200 New Jersey Avenue
SE., Washington, DC. Attendance is
open to the public up to the room’s
DATES:
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16720-16723]
From the Federal Register Online via the Government Printing 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 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 Reglations.gov at https://www.regulations.gov/search/footer/privacyanduse.jsp.
Docket: For access to the docket to read background documents or
comments received, go to https://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: 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; Email: jin.kim@dot.gov.
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
