34742 Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Notices 

require between 4–8 days and when 

empty the SRV would disconnect from 

the buoy and leave the port. 

Initially it is expected that Port 

Dolphin would be capable of a natural 

gas throughput of 400 mmscfd and 

would eventually be capable of 800 

mmscfd with a peak capacity of 1200 

mmscfd by having at least one SRV 

regasifying and discharging at all times. 

The system would be designed so that 

two SRVs can be moored 

simultaneously for continuous 

unloading of natural gas. 

Port Dolphin Energy LLC is seeking 

Federal Energy Regulatory Commission 

(FERC) approval for the onshore 

pipelines concurrent with this 

deepwater port application. As required 

by FERC regulations, FERC will also 

maintain a docket for the FERC portion 

of the project. The docket numbers are 

CP07–191–000 and CP07–192–000. The 

filing may also be viewed on the web at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. For assistance, call (866) 

208–3767 or TYY, (202) 502–8659. 

In addition, pipelines and structures 

such as the moorings may require 

permits under Section 404 of the Clean 

Water Act and Section 10 of the Rivers 

and Harbors Act which are administered 

by the Army Corps of Engineers 

(USACE). 

Port Dolphin will also require permits 

from the Environmental Protection 

Agency (EPA) pursuant to the 

provisions of the Clean Air Act, as 

amended, and the Clean Water Act, as 

amended. 

The new pipeline will be included in 

the National Environmental Policy Act 

(NEPA) review as part of the deepwater 

port application process. FERC, EPA, 

and the USACE among others, are 

cooperating agencies and will assist in 

the NEPA process as described in 40 

CFR 1501.6; will be participating in the 

scoping meetings; and will incorporate 

the EIS into their permitting processes. 

Comments sent to the FERC docket, EPA 

or USACE will also be incorporated into 

the DOT docket and EIS to ensure 

consistency with the NEPA Process. 

Construction of the deepwater port 

would be expected to take 

approximately 22 months with startup 

of commercial operations following 

construction, should a license be issued. 

The deepwater port would be designed, 

constructed and operated in accordance 

with applicable codes and standards. 

Privacy Act 

The electronic form of all comments 

received into the DOT docket are 

available to any person and may be 

searched by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477–

78) or you may visit http://dms.dot.gov. 

(Authority: 49 CFR 1.66) 

Dated: June 20, 2007. 

By Order of the Maritime Administrator. 

Daron T. Threet, 

Secretary, Maritime Administration. 

[FR Doc. E7–12243 Filed 6–22–07; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2007–28067] 

Highway Safety Programs; Model 

Specifications for Calibrating Units for 

Breath Alcohol Testers; Conforming 

Products List of Calibrating Units for 

Breath Alcohol Testers 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice. 

SUMMARY: This notice amends the Model 

Specifications for Calibrating Units for 

Breath Alcohol Testers (Model 

Specifications) by adopting an alternate 

test procedure for evaluating the 

accuracy of both wet bath and dry gas 

breath alcohol calibrating units infra-red 

spectroscopy, as proposed in the 

Federal Register on August 13, 1997 (62 

FR 43416). Published with this notice is 

an updated Conforming Products List of 

Calibrating Units for Breath Alcohol 

Testers (CPL) of calibrating units that 

meet the Model Specifications. This 

updated CPL includes 22 new listings—

8 wet bath units and 14 dry gas units. 

DATES: Effective Date: The amendments 

to the Model Specifications and the 

issuance of the CPL become effective on 

June 25, 2007. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues: Ms. J. De Carlo Ciccel, 

Office of Behavioral Safety Research, 

NTI–130, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590; 

Telephone (202) 366–1694. For legal 

issues: Ms. Allison Rusnak, Office of 

Chief Counsel, NCC–113, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590; Telephone (202) 

366–1834. 

SUPPLEMENTARY INFORMATION: On August 

18, 1975 (40 FR 36167), NHTSA 

published a standard for Calibrating 

Units for Breath Alcohol Testers. A 

Qualified Products List of calibrating 

units for breath alcohol testers that met 

the standard was first issued on 

November 30, 1976 (41 FR 53389). 

On December 14, 1984, NHTSA 

issued a notice to convert the mandatory 

standards for calibrating units for breath 

alcohol testers to Model Specification 

for such devices (49 FR 48865) and to 

establish a Conforming Products List 

(CPL) of calibrating units meeting the 

Model Specifications. Calibrating units 

provide known concentrations of 

ethanol vapor for the calibration or 

calibration checks of instruments that 

measure breath alcohol (BrAC). 

On December 29, 1994, NHTSA 

published a notice amending the Model 

Specifications and updating the CPL for 

calibrating units (59 FR 67377). The 

notice also proposed and sought 

comments about providing an alternate 

test procedure using National Institute 

for Standards and Technology (NIST) 

Reference Gas Mixtures for evaluating 

the accuracy and precision of dry-gas 

ethanol calibrating units. The agency 

amended the Model Specifications on 

August 13, 1997 by incorporating the 

NIST test procedure (62 FR 43416). In 

that same notice, NHTSA updated the 

CPL and proposed an alternate test 

procedure for evaluating the accuracy 

and precision for evaluating wet bath 

and dry gas calibrating units using infrared spectroscopy. 

Having received no comments 

regarding the infra-red spectroscopy test 

procedure, this notice adopts the 

alternate procedure for evaluating wet 

bath and dry gas calibrating units using 

infra-red spectroscopy as proposed. This 

notice also amends the CPL of 

Calibrating Units for Breath Alcohol 

Testers, adding 8 wet bath units and 14 

dry gas units. 

A. Procedures for a Product Submission 

Testing of calibrating units submitted 

by manufacturers to these Model 

Specifications will continue to be 

conducted by the DOT Volpe National 

Transportation Systems Center 

(VNTSC). Tests will continue to be 

conducted semi-annually or as 

necessary. Manufacturers wishing to 

submit calibrating units for testing must 

apply to NHTSA for a test date (Office 

of Behavioral Safety Research, NTI–130, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, Telephone (202) 

366–1694). Normally, at least 30 days 

will be required from the date of 

notification until the test can be 

scheduled. One week prior to the 


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1Farrington Daniels & Robert Alberty, ‘‘Physical 

Chemistry’’ 3d. Ed. John Wiley & Sons, New York, 

1996. 

2The naming convention of the dry gas units 

added to the CPL today is illustrative of the ethanol 

Continued 

scheduled initiation of the test program, 

the manufacturer shall deliver at least 

one unit of the device to be tested to: 

VNTSC, RTV–4F, 55 Broadway, 

Cambridge, MA 02142. The 

manufacturer shall be responsible for 

ensuring that the unit is operating 

properly. If the manufacturer wishes to 

submit a duplicate, backup unit, it may 

do so. 

When a manufacturer delivers a 

device to be tested, it shall also deliver 

to VNTSC specifications and drawings 

that fully describe the unit and the 

Operator’s Manual and Maintenance 

Manual normally supplied with 

purchase of the equipment. NHTSA will 

consider claims of confidentiality under 

49 CFR Part 512. 

The manufacturer shall also deliver 

the instructions that will accompany the 

device when it is sold. The instructions 

shall include information about the 

procedures to be followed to protect 

against possible condensation that 

might occur as a result of freezing 

during shipment and to correct for 

atmospheric pressure. The instructions 

shall also include information about any 

offsets that may apply to the use of a 

particular type of breath tester. NHTSA 

will examine these instructions to 

ensure that they provide sufficient 

information about these matters. 

Products submitted without this 

information will not be tested. 

The manufacturer will have the right 

to check the calibrating unit between 

arrival at VNTSC and the start of the test 

and to ensure that the calibrating unit is 

in proper working condition. The 

manufacturer will have no access to the 

calibrating unit during the tests. Any 

malfunction of the calibrating unit that 

results in failure to complete any of the 

tests satisfactorily will result in a 

finding that it does not conform to the 

Model Specifications. If a unit fails to 

conform, it may be resubmitted for 

testing after appropriate corrective 

action has been taken. 

On the basis of these results, NHTSA 

periodically will publish a CPL 

identifying the calibrating units that 

conform to the Model Specifications. 

Re-testing of units will be conducted 

when necessary. NHTSA intends to 

modify and improve these Model 

Specifications as new data and 

improved test procedures become 

available. (The test procedures may be 

altered in specific instances, if 

necessary, to meet the unique design 

features of a calibrating unit). If these 

Model Specifications are modified, 

notification will be provided in the 

Federal Register. If NHTSA determines 

that re-testing to the modified 

specifications is necessary, a 

manufacturer whose equipment is listed 

on the CPL will be notified to resubmit 

the equipment for testing to the 

modified specifications only. 

NHTSA reserves the right to test any 

unit on the CPL throughout its useful 

life to ensure that the unit is performing 

in accordance with the Model 

Specifications. If at any time a 

manufacturer plans to change the design 

of a calibrating unit currently on the 

CPL, the manufacturer shall submit the 

proposed changes to the NHTSA Office 

of Behavioral Safety Research for 

review. Based on this review, NHTSA 

will decide whether the change will 

require re-testing of the unit. Normally, 

such re-testing will be accomplished the 

next time testing is performed. 

Guidance to manufacturers on 

considerations governing this decision 

is available from NHTSA upon request. 

NHTSA’s Office of Behavioral Safety 

Research will be the point of contact for 

information about acceptance testing 

and field performance of equipment 

already on the list. NHTSA requests that 

users of calibrating units provide both 

acceptance and field performance data 

to NHTSA when such data is available. 

Information from users will be used to: 

(1) Help NHTSA determine whether 

units continue to perform according to 

the Model Specifications, and (2) ensure 

that field use does not indicate 

excessive breakdown or maintenance 

problems. 

If information gathered indicates that 

a device on the CPL is not performing 

in accordance with the Model 

Specifications or demonstrates problems 

involving the device, NHTSA will direct 

VNTSC to conduct a special 

investigation. This investigation may 

include visits to users and additional 

tests of the unit obtained from the open 

market. If the investigation indicates 

that the units actually sold on the 

market are not meeting the Model 

Specifications, then the manufacturer 

will be notified that the unit may be 

removed from the CPL. The 

manufacturer shall have 30 days from 

the date of notification to reply. 

Based on the VNTSC investigation 

and any data provided by the 

manufacturer, NHTSA will decide 

whether the unit should remain on the 

CPL. Upon resubmission, the 

manufacturer must submit a statement 

describing what has been done to 

overcome the problems that led to the 

removal of the unit in question from the 

CPL. 

B. Infra-Red Spectroscopy 

This notice incorporates into the 

Model Specifications an alternate 

procedure for evaluating wet bath and 

dry gas calibrating units using infra-red 

spectroscopy. When infra-red 

spectroscopy is used, the wet bath or 

dry gas sample to be analyzed is passed 

into a chamber through which infra-red 

radiation is transmitted. The wavelength 

of the transmitted radiation is chosen so 

that some of it is absorbed by alcohol. 

According to the Beer-Lambert Law of 

absorption of radiation,1 the amount of 

energy absorbed by the sample in the 

chamber is proportional to the 

concentration of the alcohol in the 

sample. By measuring the amount of 

radiation transmitted when the sample 

chamber is empty and the amount 

transmitted when the sample is present, 

the concentration of the alcohol in the 

sample can be determined. 

The agency believes that use of infrared spectroscopy offers important 

advantages. First, the technique can be 

used to evaluate both wet bath 

calibrating units and dry gas calibrating 

units because surface interactions do 

not affect the analysis. Second, 

standards used in the evaluations can be 

prepared at VNTSC, eliminating the 

necessity of obtaining standards from an 

outside source. 

C. Conforming Products List 

The CPL, which appears as an 

Appendix to this notice, lists the 

calibrating units that have been re-tested 

to date at the lower BACs (i.e., at 0.020, 

0.040, 0.080, and 0.160) and found to 

conform to the Model Specifications 

reprinted herein. The CPL also lists 

devices that have not been tested at the 

lower BAC levels (.020, .040, .080 and 

.0160), but were listed on the CPL for 

calibrating units on the basis that they 

were tested and found to conform to the 

earlier Model Specifications (49 FR 

48864) when tested at BAC levels 0.050, 

0.100 and 0.150. These devices are 

identified on the CPL with an asterisk. 

The CPL published today includes 22 

new listings—8 wet bath units and 14 

dry gas units. The wet bath units 

include: CALWAVE dt–100, submitted 

by Davtech Analytical Service, Canada; 

Model 10–4D, Model 10–4D Revision A, 

Model 2100 (aka: Model 210021), Model 

2100 Revision A, and 590 submitted by 

Guth Laboratories, Inc., Harrisburg, 

Pennsylvania; Alcotest CU 34 submitted 

by National Draeger, Inc., Durango, 

Colorado; and Model 3402C–2K 

submitted by RepCo Marketing, Inc., 

Raleigh, North Carolina. The dry gas 

units 2 include: 103 ppm/108L and 270 


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concentration in the volume of nitrogen dry gas. 

Concentration is expressed in parts per million 

(ppm) or marketed as breath alcohol concentrations 

(BAC) and volume is expressed in Liters(L). 

3Available from National Committee on Uniform 

Traffic Laws and Ordinances, 405 Church Street, 

Evanston, IL 60201. 

4RN Harger, BB Raney, EG Bridwell, MF Kitchel 

J. Biol. Chem. 183, 197–213 (1950). Additional data 

from Harger in a private communication (see 49 FR 

48869). 

ppm/30L submitted by Airgas, Inc., 

(previously know as Gateway Airgas, 

Inc., A.G. Specialty Gas Co., or 

Acetylene Gas Co) St. Louis, Missouri; 

115 ppm/34L, 115 ppm/103L, 230 ppm/ 

34L, 230 ppm/103L, 260.5 ppm/58L, 

260.5 ppm/537L, and 260.5 ppm/15L 

submitted by Air Liquide, CALGAZ, 

Cambridge, Maryland; and Scotty 28 

0.040 BAC/28L, 0.045 BAC/28L, 0.080 

BAC/28L, 0.100 BAC/28L, 0.105 BAC/ 

28L submitted by Scott Specialty Gases, 

Inc., Plumsteadville, Pennsylvania. One 

device, Toxitest Model ABS120 by 

Federal Signal Corporation, is being 

removed from the CPL as it is no longer 

manufactured. 

In consideration of the foregoing, 

NHTSA amends the Model 

Specifications for Calibrating United as 

set forth below. 

Model Specifications for Calibrating 

United for Breath Alcohol Testers 

1.0 Purpose and Scope 

These specifications establish 

performance criteria and methods for 

testing of calibrating units which 

provide known concentrations of 

ethanol vapor for the calibration or 

calibration checks of breath alcohol 

testers. The results of this testing are 

intended for use in the conformance 

testing for the maintenance of a 

Conforming Products List for calibrating 

units. 

2.0 Definitions 

2.1 Conformance testing. Testing to 

check the conformance of a product 

with these model specifications in 

advance of and independent of any 

specific procurement action. 

2.2 Concentration units. Blood 

alcohol concentration: grams alcohol 

per 100 milliliters blood or grams 

alcohol per 210 liters of breath in 

accordance with the Uniform Vehicle 

Code, Section 11–903(a)(5).3 BrAC is 

often used to indicate that the 

measurement is a breath measurement, 

i.e. grams alcohol per 210 liters of 

breath. 

2.3 Relative Standard Deviation 

(RSD). The ratio of the standard 

deviation (SD) of a series of 

measurements to the mean of the series 

expressed as a percentage: 

RSD = (SD/Mean) × 100 percent 

2.4 Standard Deviation (SD). A 

common indication of precision in the 

measurement of the concentration of a 

succession of N vapor samples. 

SD = {Sum (Xi¥Xm)2/(N-1)}1⁄2

Where: 

Xi = a single measurement result; 

Xm = the average of the measurements; 

N = the number of measurements made in the 

test. 

2.5 Systematic Error (SE). An 

indication of the accuracy of the 

measurement of the concentration of a 

succession of vapor samples. 

SE = Xm ¥ test BrAC 

2.6 Least Squares Fit Calibration 

Curve. A Line fitted to a number of 

measurement pairs, one the 

independent value (X) and the other the 

dependent value (Y), over a 

measurement range. 

The fitted line is of the form: Y = a 

+ bX, where intercept, a = Ym¥bm, and 

slope, b = (SumXiYi¥NXm) / 

(SumXi

2¥nXm2) 

3.0 Tests and Requirements 

If the BrAC of the CU is fixed, perform 

the tests at the fixed BrAC; otherwise, 

prepare the CU for testing at 0.08 BrAC 

except as otherwise required in Test 1 

below. Each of the tests requires 10 

measurements to three decimal places 

using the test procedure specified in 3.1, 

3.2, or 3.3, respectively. The CU will be 

operated according to the 

manufacturer’s instructions. Unless 

otherwise specified, the tests will be 

performed in the absence of drafts and 

at prevailing normal laboratory 

temperature, humidity, and barometric 

pressure. Performance requirements are: 

¥0.002 BrAC ≤ SE ≤ +0.002 BrAC; RSD 

≤ 2% 

Test 1. Precision and Accuracy. Test 

at each specified BrAc. 

Test 1.1: 0.020 BrAC 

Test 1.2: 0.040 BrAC 

Test 1.3: 0.080 BrAC 

Test 1.4: 0.160 BrAC 

Test 2. Ambient Temperature. Use a 

temperature chamber controllable to ± 

°C. Soak the CU at the specified 

temperature for 1 hour, being careful to 

prevent drafts on the device, then test at 

that temperature. 

Test 2.1: 10 °C 

Test 2.2: 30 °C 

Test 3. Input Power. If the CU is 

powered by nominal voltages of 120 

volts AC of 12 volts DC, condition the 

device for one half hour at the 

appropriate input voltage specified 

below, then test at that voltage. Monitor 

the input power with a voltmeter 

accurate to ± 2% full scale in the range 

used and re-adjust the voltage, if 

necessary. If the voltage is Ac, conduct 

test 3.1 and 3.2. 

If the voltage is DC, conduct tests 3.3 

and 3.4. 

Test 3.1: 108 Volts/AC 

Test 3.2: 123 Volts/AC 

Test 3.3: 11 Volts/DC 

Test 3.4: 15 Volts/DC 

Test 4. Electrical Safety Inspection. 

Examine the CU for protection of the 

operator from electrical shock. Examine 

for proper use of input power fuses, and 

verify that there are no exposed male 

connectors at high potential. Determine 

that overheating does not occur during 

operation and that undue fire hazards 

do not exist. 

3.1 Test Procedure (Original, wet-bath 

calibrating units) 

Equipment and Supplies: Gas 

Chromatograph capable of complete 

resolution of ethanol in test samples, 

with heated gas sampling valve. Water 

bath thermostated at 34 °C ± 0.1 °C. 

Glass Reference Sample Bottles (300 ml 

capacity or greater) with Stopper and 

Inlet and Outlet Air Hoses (see Figure 

1). Hoses should be about 1/8’’ OD 

Teflon tubing. Reference Ethanol 

Solutions prepared using Class A 

glassware and American Chemical 

Society reagent grade ethanol or USP 

grade ethanol. The purity of the ethanol 

used shall be compared with the 

National Institute of standards and 

Technology (NIST) Standard Reference 

Material for ethanol. Use the value of 

Harger, et al., for the partition ratio for 

concentration of ethanol in headspace to 

concentration in solution at 34 °C, Ka/ 

w = 0.000393 4 to prepare two solutions 

which, when thermostated at 34 °C, 

produce headspace ethanol vapor 

concentrations that bracket the test 

BrAC by no more than ± 20%. Small Air 

Pump for bubbling air through reference 

solutions (see Figure 1). 

Step 1. Prepare the Gas 

Chromatograph for measurement of 

vapor samples. Adjust instrument 

temperatures, gas flows, detector, and 

recording device for optimum response 

for ethanol. Prepare the CU for use 

according to manufacturer’s 

instructions. 

Step 2. Fill two reference solution 

bottles to 3⁄4 full with above reference 

solutions. Insert stopper assemblies 

with bubble line and alcohol vapor line 

in place and put bottles in the water 

bath with water level up to the stopper. 

Connect air pump to bubble line. 

Connect alcohol vapor line to gas 

chromatograph sampling valve inlet 

fitting. Allow 1 hour for temperature 

equilibrium to be achieved. 


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Step 3. Turn on air pump which has 

been pre-set to pump air through the 

reference solution bottle-gas 

chromatograph sampling assembly at a 

rate just sufficient to thoroughly flush 

the system in 10 seconds. After flushing 

is complete, allow the sample to relax 

to atmospheric pressure, then inject the 

reference sample onto the gas 

chromatograph column. In this way, 

obtain 5 chromatograms of one of the 

reference solution headspace ethanol 

vapors. 

Step 4. Thoroughly flush the sample 

loop with vapors from the CU device, 

while avoiding over-pressurizing of the 

sampling system. To prevent 

condensation of alcohol, warm the 

transfer line if necessary. Allow the 

sample to relax to atmospheric pressure, 

then inject the sample onto the column. 

In this way, obtain 10 ethanol 

chromatograms using the CU device. 

Step 5. Repeat step 3 using the second 

reference solution. 

Step 6. Calculations. Peak height to 

BrAC conversion factor. For each 

ethanol peak obtained in Step 3 and 

Step 5, calculate a conversion factor for 

ethanol concentration by dividing the 

equivalent BrAC of the vapor sample by 

the peak height obtained for that 

sample. From the 10 samples, obtain the 

mean and the RSD of the conversion 

factors. If the RSD obtained fails to meet 

the criteria for RSD in 3.0, perform 

necessary troubleshooting and repeat 

the procedure from Step 1. Use the 

mean of the conversion factors to 

calculate the BrAC for each of the 10 

ethanol peaks obtained in Step 4. 

Calculate the mean, the RSD, and the 

systematic error of the experimental 

BrACs. 

3.2 Test Procedures (for dry gas 

calibrating units). Alternate Test 

Method using National Institute of 

Standards and Technology Reference 

Gas Mixtures (NISTRGMs) in place of 

wet bath reference samples 

The following alternate method for 

the evaluation of dry gaseous ethanol 

calibration devices is presented. 

Additional required material: For the 

alternate method for evaluation of dry 

gaseous ethanol calibration devices, the 

following will be required: Four 

cylinders of National Institute of 

Standards and Technology ethanol-ininert gas Technical Reference Gas 

Mixtures (NISTRGMs) which span the 

BrAC range 0.01 to 0.16. 

Alternate procedure for evaluation of 

dry gaseous ethanol calibration devices. 

This procedure substitutes the use of 

NISTRGMs in place of the wet bath 

reference samples when evaluating dry 

gas CUs. 

Step A1. Connect one of the 

NISTRGM cylinders to the inlet of the 

gas chromatograph sampling valve and 

pass reference gas through the sampling 

system at a rate just sufficient to 

thoroughly flush the system in about 10 

seconds. Allow the sample to relax to 

atmospheric pressure, then inject the 

sample onto the column. In this way, 

obtain 5 chromatograms of the reference 

gas. 

Step A2. Repeat Step A1 for each of 

the four NISTRGM reference gas 

mixtures. 

Step A3. Calculate the RSD of the 

concentration divided by peak height 

data obtained in Step A1 and Step A2. 

If the calculated RSD meets the criteria 

of 3.0, calculate the slope and intercept 

of the least squares fit calibration line 

for conversion of peak height to BrAC. 

Using the average peak height of each 

NISTRGM and the slope and intercept 

data, calculate the concentration of each 

NISTRGM. If the resulting 

concentrations are within the stated 

accuracy of the NISTRGM, proceed to 

Step A4. 

Step A4. Connect the calibrating 

device to the inlet of the gas 


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chromatograph sampling system and 

allow the calibrating device gas to flow 

at a rate just sufficient to thoroughly 

flush the sampling system in about 10 

seconds. Allow the sample to relax to 

atmospheric pressure, then inject the 

sample onto the column. In this way, 

obtain 10 chromatograms of the 

calibrating device gas. 

Step A5. Calculations. Using the peak 

height data obtained in Step A4 and 

intercept and slope data obtained in 

Step A3, calculate the BrAC for each of 

the 10 peak heights. Calculate the mean, 

RSD, and systematic error of the 

calculated BrACs. 

3.3 Test Procedures (for dry gas or wet 

bath calibrating units) 

This alternate procedure uses infrared spectroscopy that is suitable for 

evaluating ethanol vapor samples from 

either wet-bath CUs or from dry-gas 

CUs. 

3.3.1 General. This method uses the 

Beer-Lambert Law of absorption of 

radiant energy by fluids. 

I = Io × e¥abc

Where: 

Io is the energy entering the sample chamber 

of a spectrophotometer containing the 

sample to be analyzed. 

I is the energy transmitted from the sample 

chamber. 

a is the absorptivity of the sample. 

b is the radiation path length of the sample 

chamber. 

c is the concentration of the sample in the 

sample chamber. 

A convenient form of the BeerLambert law is 

Ln(Io/I) = abc 

where the term Ln(Io/I), the logarithm of 

the ratio of incident to transmitted 

energy, is called the absorbance of the 

sample. In the procedure described 

below, the terms a and b are treated as 

a single quantity, ab, and the term c is 

BrAC. 

3.3.2 Test Procedure. 

Equipment and Supplies. Infra-red 

Spectrophotometer with sample 

chamber that can be heated to above 40 

°C. A non-dispersive instrument with 

appropriate band pass filters and 

configured to measure breath alcohol 

samples, such as an infra-red evidential 

breath tester listed on the NHTSA 

Conforming Products List for evidential 

breath testers may be used. The detector 

voltage of the instrument must be 

accessible for measurement. The 

sampling hoses of the device may be 

altered for more convenient processing 

of test samples. Water bath thermostated 

at 34 °C ± 0.1 °C. Glass Reference 

Sample Bottles (300 ml capacity or 

greater) and Stoppers with Bubble and 

Alcohol Vapor lines (see Figure 2). 

Reference Ethanol Solutions prepared 

using Class A glassware and American 

Chemical Society reagent grade ethanol 

or USP grade ethanol. The purity of the 

ethanol used shall be compared with the 

National Institute of Standards and 

Technology (NIST) Standard Reference 

Material for ethanol. Use the value of 

Harger, et al., for the partition ratio for 

concentration of ethanol in headspace to 

concentration in solution at 34 °C, Ka/w

= 0.0003932 to prepare two aqueous 

alcohol solutions which bracket the test 

BrAC by no more than ± 20%. A 

cylinder of inert Flushing Gas, which is 

optically clear in the absorption region 

used for measurement. This gas will be 

used to flush the sample chamber of the 

spectrophotometer and to deliver 

reference headspace vapors and wet 

bath sample vapors into the sample 

chamber. Pressure regulating valve with 

Teflon delivery hose for controlling flow 

and delivery of flushing gas. 

Step B1. Prepare the spectrometer for 

measurement of vapor samples. Prepare 

the CU for use according to 

manufacturer’s instructions. 

Step B2. Fill a reference sample 

bottles to 3⁄4 full with water and two 

reference sample bottles to 3⁄4 full with 

the above reference solutions. Insert 

stopper assemblies ensuring that the 

end of the bubble line reaches to at least 

4 inches below the surface of the 

solution, then place the bottles in the 

water bath with water level up to the 

stopper. Allow 1 hour for temperature 

equilibrium to be achieved. 

Step B3. Connect the bubble line of 

the sample bottle containing water only 

to the flushing gas valve and the vapor 

line to the spectrophotometer inlet and 

flush the sample chamber with water 

vapor and obtain the detector voltage 

reading. Then flush the detector 

chamber with flushing gas only and 

obtain the detector reading. Repeat 2 

times to obtain 3 sets of readings. If the 

CU being evaluated is a wet bath device, 

skip this step and proceed to Step B4. 

Step B4. In the manner of Step B3, 

obtain 5 sets of detector readings using 

one of the reference alcohol solution 

bottles. 

Step B5. In the manner of Step B3, 

obtain 10 sets of detector readings from 

the CU being evaluated. If the CU is a 

wet bath device, use the flushing gas to 

fill the sample chamber, operating the 

device according to manufacturer’s 

instructions. If the CU device is dry gas 

device, fill the sample chamber 

according to manufacturer’s 

instructions. 

Step B6. Repeat Step B5 using the 

other reference alcohol solution bottle. 

Step B7. Repeat Step B3. 

Step B8. Calculations. For each 

measurement pair, Io is the detector 

voltage obtained for the flushing gas 

alone in the sample chamber and I is the 

voltage obtained for the flushing gas 

with reference sample or test sample in 

the sample chamber corrected for water 

vapor absorption, i.e.; the detector 

voltage obtained for headspace reference 

samples at 0.000 BrAC. Use the average 

of the 6 voltage readings obtained for 

the water samples for the correction for 

water vapor absorption (I = Isample ¥ 

Iwater). In the case of wet bath device 

samples, there is no correction for water 

vapor absorption. If the detector is 

biased, it will be the difference between 

the bias voltage and the above voltage. 

Calculate the absorbance for each of 

the 10 reference samples. Divide each 

absorbance by the corresponding BrAC 

of the sample. Obtain the mean (which 

is the factor ab), SD, and RSD for the 10 

ratios. If the RSD is more than 2%, 

troubleshoot the procedure and repeat. 

Calculate the absorbance for each of 

the 10 CU test samples. Divide each by 

the ab factor to obtain the BrAC for each 

of the 10 CU samples. Obtain the mean, 

SD, RSD, and SE. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Notices 34747 

1 Infra-red (IR) and fuel cell breath testers may be 

calibrated with either wet bath or dry gas CUs. 

However, it is inadvisable to use dry gas CUs when 

calibrating gas chromatograph EBTs. 

Appendix—Conforming Products List 

of Calibrating Units for Breath Alcohol 

Testers [Manufacturer and Calibrating 

Unit] 1

CONFORMING PRODUCTS LIST OF CALIBRATING UNITS FOR BREATH ALCOHOL TESTERS

Manufacturers 

Type of device 

Dry gas Wet bath 

1. Airgas, Inc. (Formerly known as: Gateway Airgas, AG Specialty Gas, or Acetylene Gas Co.), St. Louis, MO 

• Ethanol Breath Alcohol Standard ................................................................................................................................. X 

• 103 parts per million (ppm)/108 Liters (L) .................................................................................................................... X 

• 270 ppm/30L ................................................................................................................................................................. X ................

2. Air Liquide CALGAZ, Cambridge, MD 

• 115 ppm/34L ................................................................................................................................................................. X ................

• 115 ppm/105L ............................................................................................................................................................... X ................

• 230 ppm/34L ................................................................................................................................................................. X ................

• 230 ppm/105L ............................................................................................................................................................... X ................

• 260.5 ppm/58L .............................................................................................................................................................. X ................

• 260.5 ppm/537L ............................................................................................................................................................ X ................

• 260.5 ppm/15L .............................................................................................................................................................. X ................

3. CMI, Inc., Owensboro, KY 

• Toxitest II ...................................................................................................................................................................... ................ X 

4. Davtech Analytical Services, Canada 

• CALWAVE dT–100 ....................................................................................................................................................... ................ X 

5. Guth Laboratories, Inc., Harrisburg, PA 

• Model 34C Simulator (variations: Model 34C Cal DOJ, 34–C–FM, and 34C–NPAS) ................................................. ................ X 

• Model 3412 ................................................................................................................................................................... ................ X 

• Model 10–4 and 10–4D ................................................................................................................................................ ................ X 

• Model 10–4D Revision A .............................................................................................................................................. ................ X 

• Model 1214 ................................................................................................................................................................... ................ X 

• Model 2100 (formerly Model 210021) .......................................................................................................................... ................ X 

• Model 2100 Revision A ................................................................................................................................................. ................ X 

• 590 ................................................................................................................................................................................ ................ X 

6. Intoximeters, Inc., St. Louis, MO 

• Alco Breath Alcohol Standards* ................................................................................................................................... X ................

7. Lion Laboratories, Cardiff, Wales, UK (a subsidiary of CMI, Inc.) 

• AlcoCal Breath Alcohol Standard ................................................................................................................................. X 

8. Liquid Technology Corp., Orlando, FL 

• Ethanol-in-Nitrogen ....................................................................................................................................................... X ................

9. Luckey Laboratories, Inc., San Bernardino, CA 

• Simulator* ...................................................................................................................................................................... ................ X 


sroberts on PROD1PC70 with NOTICESEN25JN07.001</GPH>
34748 Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Notices 

CONFORMING PRODUCTS LIST OF CALIBRATING UNITS FOR BREATH ALCOHOL TESTERS—Continued 

Manufacturers 

Type of device 

Dry gas Wet bath 

10. National Draeger, Inc., Durango, CO 

• Mark II–A ....................................................................................................................................................................... ................ X 

• Alcotest CU 34 .............................................................................................................................................................. ................ X 

11. PLD of Florida, Inc., Rockledge, FL 

• BA 500 .......................................................................................................................................................................... ................ X 

12. Protection Devices, Inc., U.S. Alcohol Testing, Inc., Rancho Cucamonga, CA 

• LS34 Model 6100* ........................................................................................................................................................ ................ X 

13. RepCo Marketing, Inc., Raleigh, NC 

• AS–1 ............................................................................................................................................................................. ................ X 

• Model 3402C ................................................................................................................................................................. ................ X 

• Model 3402C–2K .......................................................................................................................................................... ................ X 

14. Scott Specialty Gases, Inc., Plumsteadville, PA 

• Model EBSTM Gaseous Ethanol Breath Standard ....................................................................................................... X ................

• Scotty 28 0.040 BAC/28L ............................................................................................................................................. X ................

• Scotty 28 0.045 BAC/28L ............................................................................................................................................. X ................

• Scotty 28 0.080 BAC/28L ............................................................................................................................................. X ................

• Scotty 28 0.100 BAC/28L ............................................................................................................................................. X ................

• Scotty 28 0.105 BAC/28L ............................................................................................................................................. X ................

15. Smith & Wesson Electronic Co., Springfield, MA 

• Mark II–A Simulator* ..................................................................................................................................................... ................ X 

16. Systems Innovation, Inc., Hallstead, PA 

• True-Test MD 901* ....................................................................................................................................................... ................ X 

17. U.S. Alcohol Testing, Rancho Cucamonga, CA 

• Alco-Simulator 2000* .................................................................................................................................................... ................ X 

• Alco-Simulator 61000 .................................................................................................................................................... ................ X 

*Six instruments marked with an asterisk (*) meet the Model Specifications in 49 FR 48864 (December 14, 1984), i.e. instruments tested at 

0.050, 0.100, and 0.150). Instruments not marked with an asterisk meet the model specifications detailed in this notice, and were tested at 0.020, 

0.040, 0.080, and 0.160 BrAC. 

Authority: 23 U.S.C. 402; delegations of 

authority at 49 CFR 1.50 and 501. 

Issued on: June 25, 2007. 

Marilena Amoni, 

Associate Administrator for the Office of 

Research and Program Development. 

[FR Doc. 07–3060 Filed 6–22–07; 8:45 am] 

BILLING CODE 4910–59–M 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 290 (Sub–No. 5) (2007–

3)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board, 

Department of Transportation. 

ACTION: Approval of rail cost adjustment 

factor. 

SUMMARY: The Board has approved the 

third quarter 2007 rail cost adjustment 

factor (RCAF) and cost index filed by 

the Association of American Railroads. 

The third quarter 2007 RCAF 

(Unadjusted) is 1.197. The third quarter 

2007 RCAF (Adjusted) is 0.558. The 

third quarter 2007 RCAF–5 is 0.531. 

DATES: Effective Date: July 1, 2007. 

FOR FURTHER INFORMATION CONTACT: Mac 

Frampton, (202) 245–0317. [Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our Web site http://www.stb.dot.gov. 

To purchase a copy of the full decision, 

write to, e-mail or call the Board’s 

contractor, ASAP Document Solutions; 

9332 Annapolis Rd., Suite 103, Lanham, 

MD 20706; e-mail asapdc@verizon.net; 

phone (202) 306–4004. [Assistance for 

the hearing impaired is available 

through FIRS: 1–800–877–8339.] 

This action will not significantly 

affect either the quality of the human 

environment or energy conservation. 

Pursuant to 5 U.S.C. 605(b), we 

conclude that our action will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. 

Decided: June 19, 2007. 

By the Board, Chairman Nottingham, Vice 

Chairman Buttrey, and Commissioner 

Mulvey. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E7–12163 Filed 6–22–07; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

Submission for OMB Review; 

Comment Request—Interagency 

Guidance on Asset Securitization 

Activities 

AGENCY: Office of Thrift Supervision 

(OTS), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The proposed information 

collection requirement described below 

has been submitted to the Office of 

Management and Budget (OMB) for 

review and approval, as required by the 

Paperwork Reduction Act of 1995. OTS 

is soliciting public comments on the 

proposal. 

DATES: Submit written comments on or 

before July 25, 2007. 

ADDRESSES: Send comments, referring to 

the collection by title of the proposal or 

by OMB approval number, to OMB and 

OTS at these addresses: Office of 

Information and Regulatory Affairs, 

Attention: Desk Officer for OTS, U.S. 

Office of Management and Budget, 725–

17th Street, NW., Room 10235, 

Washington, DC 20503, or by fax to 

(202) 395–6974; and Information 

Collection Comments, Chief Counsel’s 

Office, Office of Thrift Supervision, 

1700 G Street, NW., Washington, DC 


sroberts on PROD1PC70 with NOTICES