OSAC Legal Resource Committee

Jose Almirall

OSAC Chemistry/Instrumental Analysis ChairAugust 16, 2018

Subject: Final Determination of the Ad hoc Independent Review PanelThe Ad hoc Independent Review Panel has completed its evaluation of comments, adjudication response, and

appeal received for the document listed below in accordance with RA-1 800 Appeals.

• ASTM E3085-17 Standard Guide for Fourier Transform Infrared Spectroscopy in Forensic Tape

Examinations — Comment adjudication completed on January 3, 2018.

A summary of the appeal, comments from the Ad hoc Panel, and final determination are as follows:

1. Summary of Appeal:

During the appeal period ending June 29, 2018, an appeal was submitted and received from the Legal

Resource Committee (LRC). The appeal is attached for reference; however, can be summarized asfollows: The LRC asserted the subcommittee did not adjudicate the LRC’s comment that theguidelines on ascertaining “meaningful differences” are missing.

a. Comments from the Ad hoc Panel:

The Ad hoc Panel participated in a conference call on August 3, 2018 where this appeal was discussed.

The appeal contained opinions on the specificity and relevance of the factors used to assess

“meaningful differences” between spectra as written; such opinions were outside the scope of the

appeals process. The panel unanimously determined that the subcommittee appropriately addressedthe LRC’s comments during the registry approval process by providing a response citing the definition

for “meaningful differences” given in the beginning of the document. Additionally, the response cited

Sections 8.5.1 — 8.8 as including lists of parameters and how to evaluate them (e.g., presence/absence

of absorption bands, etc.). The comments provided addressed the concerns that the document lacked

guidance on evaluating “meaningful differences”. The panel concluded that the adjudication

procedure was followed and that the subcommittee’s response was appropriate. This documentation

is attached for reference.

b. Final Determination:

This appeal is denied.

In regard to the appeal itself, the Ad hoc Panel recommends — No Action.
the Standard Development Organization (SDO) that the clarifications and explanations provided as

part of this comment adjudication process be included within the standard. While the definition andparameters are there, they could be put into better context by further clarification. For example, the

subcommittee should consider including a clearer reasoning of why +1- 5cm1 is the acceptable rangeand how that is used; an expanded explanation how this standard fits into an overall analytical scheme

of tape comparisons; and including some references in the text that cover the evaluation andinterpretation of FFW spectra.Another suggestion for improvement the subcommittee should provide to the SDO is to add achecklist of explicit parameters, some or all of which could be used by examiners, to measure andevaluate when determining the range of (intra-sample) variation exhibited by the comparison (known)

sample. Such parameters should include both physical and chemical attributes and whether the

variations observed can only be characterized by subjective observation and/or can actually be

measured in SI units. It would also be helpful to include additional guidance on establishing intrasample variation of a known sample through replicate sampling and how this intra-sample variation

is utilized in evaluating what is a meaningful difference during comparisons to evidentiary samples.

This guidance should include examples of features or attributes which should be evaluated during

intra-sample comparisons, how the results of those comparisons should be used to determine whether

further replicate samples are needed and to determine whether meaningful differences exist or not.

Sincerely,

Arlene Hall

Ad hoc Independent Review Panel Chair

cc: Diana Wright, OSAC Materials (Trace) Subcommittee Chair

Karen Reczek, OSAC Quality Infrastructure Committee Chair

Panel Members:Erin Henry, QIC representativeDevin Stasicha, Tape representative

Christiana Drake, Statistician representative

Mark Stolorow, FSSB/OSAC Affairs representative

2