Blackwood:1. Yah, I came back and re-phrased it.
However, on EAN40, NOAA gives you 45 minutes at 99FSW. Many people don't pay attention to anything but their air supply and nitrogen loading...
2. All I'm saying is this: diving with hyperoxic gasses necessitates a higher level of awareness than normoxic gasses. Were I a Nitrox instructor leading a student on a checkout dive and I felt that he was either unable to recognize the danger or was otherwise unable to help me out should I go clonic, I'd fail him.
I think we're seeing a very good example of some of the issues of learning comlpex and conditional information in the absence of good instruction. An extended 99' dive on 40% mix is one of the things an experinced instructor could cover. Lots of dicey issues on that profile alone.
Maybe the role of instructor for a course like this isn't clear - unlike 5th grade, a student who doesn't get it doesn't have to fail. Many instructors have a very low fail rate - they remediate and ultimately the student can pass because s/he learns.