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CFR › Title 10 › Chapter I › Part 26 › Subpart E › Section 26.101

10 CFR 26.101 - Conducting a confirmatory test for alcohol.

There is 1 rule appearing in the Federal Register for 10 CFR 26. Select the tab below to view, or View eCFR (GPOAccess)
§ 26.101
Conducting a confirmatory test for alcohol.
(a) The confirmatory test must begin as soon as possible, but no more than 30 minutes after the conclusion of the initial test.
(b) To complete the confirmatory test, the collector shall—
(1) In the presence of the donor, conduct an air blank on the EBT before beginning the confirmatory test and show the result to the donor;
(2) Verify that the reading is 0.00. If the reading is 0.00, the test may proceed. If not, then conduct another air blank;
(3) If the reading on the second air blank is 0.00, the test may proceed. If the reading is greater than 0.00, take the EBT out of service and proceed with the test using another EBT. If an EBT is taken out of service for this reason, the EBT may not be used for further testing until it is found to be within tolerance limits on an external check of calibration;
(4) Open an individually wrapped or sealed mouthpiece in view of the donor and insert it into the device as required by the manufacturer's instructions;
(5) Read the unique test number displayed on the EBT, and ensure that the donor reads the same number;
(6) Instruct the donor to blow steadily and forcefully into the mouthpiece for at least 6 seconds or until the device indicates that an adequate amount of breath has been obtained; and
(7) Show the donor the result displayed on or printed by the EBT, record the result, and document the time at which the confirmatory test result was known.
(c) Unless there are problems in administering the breath test that require an additional collection, the collector shall collect only one breath specimen for the confirmatory test. If an additional collection(s) is required because of problems in administering the breath test, the collector shall rely on the breath specimen from the first successful collection to determine the confirmatory test result. Collection procedures may not require collectors to calculate an average or otherwise combine results from two or more breath specimens to determine the confirmatory test result.
(d) If an EBT that meets the requirements of § 26.91(b) and (c) was used for the initial alcohol test, the same EBT may be used for confirmatory testing.

Title 10 published on 2012-01-01

The following are only the Rules published in the Federal Register after the published date of Title 10.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-06-07; vol. 77 # 110 - Thursday, June 7, 2012
    1. 77 FR 33619 - Certification of Substance Abuse Experts
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      Petition for rulemaking; consideration in the rulemaking process.
      The docket for the petition for rulemaking, PRM-26-7, is closed on June 7, 2012.
      10 CFR Part 26

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United States Code
U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2073 - Domestic distribution of special nuclear material

§ 2111 - Domestic distribution

§ 2112 - Foreign distribution of byproduct material

§ 2133 - Commercial licenses

§ 2134 - Medical, industrial, and commercial licenses

§ 2137 - Operators’ licenses

§ 2297f - Gaseous diffusion facilities

§ 5841 - Establishment and transfers

§ 5842 - Licensing and related regulatory functions respecting selected Administration facilities

§ 5846 - Compliance with safety regulations

Title 10 published on 2012-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 10 CFR 26 after this date.

  • 2013-04-15; vol. 78 # 72 - Monday, April 15, 2013
    1. 78 FR 22209 - Additional Synthetic Drug Testing
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      NUCLEAR REGULATORY COMMISSION
      Petition for Rulemaking; consideration in the rulemaking process.
      The docket for the petition for rulemaking, PRM-26-8, is closed on April 15, 2013.
      10 CFR Part 26