Comment on FR Doc # 2026-12989, NRC-2025-1303-0001, from Anonymous
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Summary: The commenter requests an update to 10 C.F.R 26.91 to allow the use of alcohol testing devices that have been approved by NHTSA but are not yet listed on the Conforming Products List (CPL). They argue that an official approval letter from NHTSA should suffice for licensees to use these devices and urge NHTSA to update the CPL in the Federal Register.
Please fix the requirements in 10 C.F.R 26.91, which mandate that acceptable alcohol screening devices in 26.91a and acceptable evidential breath testing devices in 26.91b must be approved by the National Highway Traffic Safety Administration and listed in the most current version of the NHTSA Conforming Products list.
DOT NHTSA has approved additional alcohol testing devices that do not appear on the CPL. The last update to the CPL was on November 2, 2017, https://www.govinfo.gov/content/pkg/FR-2017-11-02/pdf/2017-23869.pdf.
Examples of NHTSA approved devices that do not appear on CPL but are in use by licensees include the CMI, Inc. Intoxilyzer 800, which was approved on August 16, 2018, and the CMI, Inc. Intoxilyzer 900, which was approved on November 11, 2022. Please update the 10 C.F.R 26.91 requirements so that if NHTSA approves a device for screening or evidential testing—or both—an official approval letter will suffice for licensees to use the device. And please urge DOT NHTSA to update its CPL in the Federal Register.