Equipment to Determine Blood Alcohol Content
[38 Pa.B. 944]
[Saturday, February 16, 2008]The Department of Health (Department) has approved the following equipment for determining the alcohol content of blood by analysis of a person's breath. This list of approved equipment replaces the previous list published at 37 Pa.B. 5435 (October 6, 2007) and is published under the authority of the Motor Vehicle Code, 75 Pa.C.S. § 1547(c)(1) (relating to chemical testing to determine amount of alcohol or controlled substance), the Fish and Boat Code, 30 Pa.C.S. § 5125(c)(1) (relating to chemical testing to determine amount of alcohol or controlled substance), the Game and Wildlife Code, 34 Pa.C.S. § 2502(c) (relating to chemical test to determine amount of alcohol) and The Administrative Code of 1929 (71 P. S. § 532).
Equipment approved under this notice may be used by law enforcement officials to obtain test results which will be admissible in evidence in any summary or criminal proceeding in which the defendant is charged with a violation of 75 Pa.C.S. § 3802 (relating to driving under the influence of alcohol or controlled substance), any other violation of the Vehicle Code arising out of the same action, 30 Pa.C.S. § 5502 (relating to operating watercraft under influence of alcohol or controlled substance), any other violation of the Fish and Boat Code arising out of the same action, 34 Pa.C.S. § 2501 (relating to hunting or furtaking under influence of alcohol or controlled substance) or any other violation of the Game and Wildlife Code arising out of the same action. Law enforcement agencies should determine that an approved training program in the use of the equipment is available in accordance with the previously referenced statutes before purchasing any of the devices contained on this list.
The approval of equipment by the Department is based on the evaluation of the equipment by the National Highway Traffic Safety Administration (NHTSA) of the United States Department of Transportation. Equipment which met the Federal requirements was published at 72 FR 71480 (December 17, 2007) as a Conforming Products List. The list contained in this notice is based on that Conforming Products List.
Instruments marked with an asterisk meet the model specifications detailed in 49 FR 48854 (December 14, 1984) (that is, instruments tested at breath alcohol concentrations of 0.000, 0.050, 0.101 and 0.151 grams of alcohol per 210 liters of air). Instruments not marked with an asterisk meet the model specifications detailed in 58 FR 48705 (September 17, 1993), and were tested at breath alcohol concentrations of 0.000, 0.020, 0.040, 0.080 and 0.160 grams of alcohol per 210 liters of air. The amended specifications that were published on September 17, 1993, added a test for the presence of alcohol to include other low molecular weight alcohols including methyl and isopropyl. Instruments whose precision and accuracy have been evaluated in the latter concentration range (that is, devices not marked with an asterisk) should be used when reliable results are required at blood concentrations below 0.050%.
The NHTSA also evaluates equipment to determine if it must be operated at fixed locations (that is, nonmobile equipment) or can be transported to nonfixed operational sites in the field (mobile equipment). Equipment on the list is approved for mobile and/or nonmobile operation unless otherwise specified.
The NHTSA's amended Conforming Products List published at 72 FR 71480 includes six additional devices that were not included on the previous Federal conforming products list that were published at 71 FR 37159 (June 29, 2006). The six additional devices are:
1) The CMI Intoxilyzer 240 (a/k/a the Lion Alcolmeter 400+, outside U.S.) manufactured by CMI, Inc., Owensboro, Kentucky.
2) The ''Alcotest 9510'' manufactured by Draeger Safety, Inc., Durango, Colorado.
3) The ''AlcoQuant 6020'' manufactured by EnviteC by Honeywell GmbH, Fond Lu Lac, Wisconsin.
4) The ''EC-IR-II (Enhanced with serial numbers above 10,000),'' manufactured by Intoximeters, Inc., St. Louis, Missouri.
5) The ''Phoenix 6.0,'' manufactured by Lifeloc Technologies, Inc., Wheat Ridge, Colorado.
6) The ''ALC-PRO II (US),'' manufactured by Tokai-Denshi, Inc., Tokyo, Japan.
The Draeger Safety Alcotest 9510 and the Intoximeters EC-IR II enhanced with serial number 10,000 or higher meet the NHTSA requirements for nonmobile operations only. The other four devices meet the NHTSA requirements for both nonmobile or mobile operations.
Law enforcement agencies that plan to utilize a device which does not appear on the following list should contact the manufacturer of the equipment to verify that it has been evaluated by NHTSA and found by NHTSA to meet NHTSA's performance requirements. If a device is approved by NHTSA after the date of this publication, the manufacturer of the device will need to forward documentation of NHTSA acceptability to Dr. M. Jeffery Shoemaker at the address given so that the Department has information sufficient to enable it to publish a notice in the Pennsylvania Bulletin identifying the device as breath testing equipment approved by the Department.
To facilitate accessibility to information concerning breath alcohol testing devices which are approved for law enforcement purposes in this Commonwealth, the Department will publish revisions of this list of equipment annually as notices in the Pennsylvania Bulletin in addition to publishing a notice of a newly approved device when the necessary information is provided to the Department. This practice will proceed even if an updated conforming products list has not appeared in the Federal Register since the Department's last annual publication of approved breath testing devices.
Inquiries concerning this notice may be directed to M. Jeffery Shoemaker, Ph.D., Director, Division of Chemistry and Toxicology, Bureau of Laboratories, Department of Health, P. O. Box 500, Exton, PA 19341-0500, (610) 280-3464, Ext. 3229.
Persons with a disability who require an alternative format of this notice (for example, large print, audiotape, Braille) should contact Dr. Shoemaker at the previously referenced address or phone number. Persons who are speech or hearing impaired may use V/TT (717) 783-6514 or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TT).
Conforming Products List of Evidential Breath Measurement Devices Manufacturer and Model Mobile Nonmobile Alcohol Countermeasure Systems Corp., Mississauga, Ontario, Canada: Alert J3AD* X X Alert J4X.ec X X PBA3000C X X BAC Systems, Inc., Ontario, Canada: Breath Analysis Computer* X X CAMEC Ltd., North Shields, Tyne and Ware, England: IR Breath Analyzer* X X CMI, Inc., Owensboro, KY: Intoxilyzer Model: 200 X X 200D X X 240 (aka Lion Alcolmeter 400 + outside the US) X X 300 X X 400 X X 400PA X X 1400 X X 4011* X X 4011A* X X 4011AS* X X 4011AS-A* X X 4011AS-AQ* X X 4011AW* X X 4011A27-10100* X X 4011A27-10100 with filter* X X 5000 X X 5000 (w/Cal. Vapor Re-Circ.) X X 5000 (w/3/8" ID hose option) X X 5000CD X X 5000CD/FG5 X X 5000EN X X 5000 (CAL DOJ) X X 5000 (VA) X X 8000 X X PAC 1200* X X S-D2 X X S-D5 X X Draeger Safety, Inc., (aka: National Draeger) Durango, CO: Alcotest Model: 6510 X X 6810 X X 7010* X X 7110* X X 7110 MKIII X X 7110 MKIII-C X X 7410 X X 7410 Plus X X 9510 -- X Breathalyzer Model: 900 X X 900A* X X 900BG* X X 7410 X X 7410-II X X EnviteC by Honeywell GmbH. Fond du Lac, WI AlcoQuant 6020 X X Gall's Inc., Lexington, KY: Alcohol Detection System
-A.D.S. 500X X Guth Laboratories, Inc., Harrisburg, Pennsylvania: Alcotector BAC-100 X X Alcotector C2H5OH X X Intoximeters, Inc.,
St. Louis, MO:Photo Electric Intoximeter* -- X GC Intoximeter MK II* X X GC Intoximeter MK IV* X X Auto Intoximeter* X X Intoximeter Model: 3000* X X 3000 (rev B1)* X X 3000 (rev B2)* X X 3000 (rev B2A)* X X 3000 (rev B2A) w/FM option* X X 3000 (Fuel Cell)* X X 3000D* X X 3000DFC* X X Alcomonitor -- X Alcomonitor CC X X Alco-Sensor III X X Alco-Sensor III (Enhanced with Serial Numbers above 1,200,000) X X Alco-Sensor IV X X Alco-Sensor IV-XL X X Alco-Sensor AZ X X Alco-Sensor FST X X EC/IR X X EC/IR II X X EC/IR II (enhanced with serial number 10,000 or higher) -- X Portable EC/IR II X X RBT-AZ X X RBT III X X RBT III-A X X RBT-IV X X RBT-IV with CEM (cell enhancement module) X X Komyo Kitagawa, Kogyo, K.K.: Alcolyzer DPA-2* X X Breath Alcohol Meter PAM 101B* X X Lifeloc Technologies, Inc. (formerly Lifeloc, Inc.) Wheat Ridge, CO: PBA 3000-B X X PBA 3000-P* X X PBA 3000-C X X Alcohol Data Sensor X X Phoenix X X Phoenix 6.0 X X EV 30 X X FC 10 X X FC 20 X X Lion Laboratories, Ltd., Cardiff, Wales, UK: Alcolmeter Model: 300 X X 400 X X 400 + (aka: Intoxilzyer 240 in
the U.S.)X X SD-2* X X SD-5 (aka: S-D5 in the U.S.) X X EBA* X X Intoxilyzer Model: 200 X X 200D X X 1400 X X 5000 CD/FG5 X X 5000 EN X X Luckey Laboratories, San Bernardino, CA: Alco-Analyzer Model: 1000* -- X 2000* -- X National Patent Analytical Systems, Inc., Mansfield, OH: BAC DataMaster (with or without the Delta-1 accessory): BAC Verifier DataMaster (with or without the Delta-1 accessory) X X DataMaster cdm (with or without the Delta-1 accessory) X X DataMaster DMT X X Omicron Systems, Palo Alto, CA: Intoxilyzer 4011* X X Intoxilyzer 4011AW* X X Plus 4 Engineering, Minturn, CO: 5000 Plus 4* X X Seres, Paris, France: Alco Master X X Alcopro X X Siemans-Allis, Cherry Hill, NJ: Alcomat* X X Alcomat F* X X Smith and Wesson Electronics, Springfield, MA: Breathalyzer Model: 900* X X 900A* X X 1000* X X 2000* X X 2000 (Nonhumidity Sensor)* X X Sound-Off Inc., Hudsonville, MI: AlcoData X X Seres Alco Master X X Seres Alcopro X X Stephenson Corp.: Breathalyzer 900* X X Takai-Denshi Inc., Tokyo, Japan: ALC-PRO II (US) X X U.S. Alcohol Testing, Inc./Protection Devices, Inc., Rancho Cucamonga, CA: Alco-Analyzer 1000 -- X Alco-Analyzer 2000 -- X Alco-Analyzer 2100 X X Verax Systems, Inc., Fairport, NY: BAC Verifier* X X BAC Verifier Datamaster X X BAC Verifier Datamaster II* X X CALVIN B. JOHNSON, M. D., M.P.H.,
Secretary[Pa.B. Doc. No. 08-281. Filed for public inspection February 15, 2008, 9:00 a.m.]
