Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 72975 

29The costs of the final rule for passenger 

operations are somewhat higher than the base case 

benefits estimate for those operations but well 

below the high case estimate. 

We also note that saving just 85 lives in a 10 year 

period would cause this rule to be cost beneficial. 

30Public Law 111–216, sec. 212(a)(2)(M). 

TABLE 1—NOMINAL COSTS AND BENEFITS (2012–2023), PASSENGER OPERATIONS

[2011 $Millions] 

Original RIA Initial SRIA Final SRIA 

Total Benefits—Base Case ......................................................................................................... $376 $401 $401 

Total Benefits—High Case .......................................................................................................... 716 757 757 

Total Costs ................................................................................................................................... 390 457 462 

TABLE 2—NOMINAL COSTS AND BENEFITS (2012–2023), CARGO OPERATIONS

[2011 $Millions] 

Original RIA Initial SRIA Final SRIA 

Total Benefits—Base Case ....................................................................................................... $20 .35 $5 $3 

Total Benefits—High Case ........................................................................................................ 32 .55 31 10 

Total Costs ................................................................................................................................. 306 550 452 

The Final SRIA results in data that 

provides justification for the exclusion 

of cargo operations from the final rule, 

and continues to provide justification 

for the final rule on passenger 

operations.29 As discussed above, the 

FAA is not only required by Executive 

Orders 12866 and 13563 to consider the 

costs and benefits of making compliance 

with this flight, duty, and rest rule 

mandatory for all-cargo operations, but 

Congress specifically permitted FAA to 

consider ‘‘[a]ny other matters the 

Administrator considers appropriate.’’ 30

Because the costs of mandating allcargo-operation compliance 

significantly exceed the benefits of 

doing so, the FAA has determined that 

no revisions to the final rule are 

warranted. 

Issued on December 3, 2014. 

Mark W. Bury, 

Assistant Chief Counsel for International Law, 

Legislation and Regulations. 

[FR Doc. 2014–28868 Filed 12–8–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0978] 

Drawbridge Operation Regulation; 

Upper Mississippi River, Dubuque, IA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Illinois 

Central Railroad Drawbridge, across the 

Upper Mississippi River, mile 579.9, at 

Dubuque, Iowa. The deviation is 

necessary to allow the bridge owner 

time to perform preventive maintenance 

that is essential to the continued safe 

operation of the drawbridge. 

Maintenance is scheduled in the winter 

when there is less impact on navigation, 

instead of scheduling work in the 

summer when river traffic increases. 

This deviation allows the bridge to open 

on signal if at least 24-hours advance 

notice is given. It further allows the 

bridge to remain closed for up to 72 

hours in duration occasionally to 

replace larger components as long as 72- 

hours notice is given to the USCG 

District Eight Western Rivers Bridge 

Branch. 

DATES: This deviation is effective from 

5 p.m., December 15, 2014 until 9 a.m., 

March 1, 2015. 

ADDRESSES: The docket for this 

deviation, (USCG–2014–0978) is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Eric A. 

Washburn, Bridge Administrator, 

Western Rivers, Coast Guard; telephone 

314–269–2378, email Eric.Washburn@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Chicago, Central & Pacific Railroad 

requested a temporary deviation for the 

Illinois Central Railroad Drawbridge, 

across the Upper Mississippi River, mile 

579.9, at Dubuque, Iowa to open on 

signal if at least 24-hours advance notice 

is given for 76 days from 5 p.m., 

December 15, 2014 until 9 a.m., March 

1, 2015 for scheduled maintenance on 

the bridge. The deviation further allows 

the bridge to remain closed for up to 72 

hours in duration occasionally to 

replace larger components as long as 72- 

hours notice is given to the USCG 

District Eight Western Rivers Bridge 

Branch. 

The Illinois Central Railroad 

Drawbridge currently operates in 

accordance with 33 CFR 117.5, which 

states the general requirement that the 

drawbridge shall open on signal. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

Winter conditions on the Upper 

Mississippi River coupled with the 

closure of Army Corps of Engineer’s 

Lock No. 17 (Mile 437.1 UMR) and Lock 

No. 20 (Mile 343.2 UMR) from 7 a.m. 

January 5, 2015 until 12 p.m., March 6, 

2015 will preclude any significant 

navigation demands for the drawspan 

opening. In addition, Army Corps Lock 

No. 12 (Mile 556.7 UMR) and Lock No. 

13 (Mile 522.5 UMR) will be closed 

from 7:30 a.m. December 15, 2014 to 

11:00 March 1, 2015. 

The Illinois Central Railroad 

Drawbridge, in the closed-to-navigation 

position, provides a vertical clearance of 

19.9 feet above normal pool. Navigation 

on the waterway consists primarily of 

commercial tows and recreational 


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72976 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 

watercraft and will not be significantly 

impacted. The drawbridge will open if 

at least 24-hours advance notice is given 

and will close for up to 72 hours 

provided 72-hours advance notice is 

given to the USCG District Eight 

Western Rivers Bridge Branch. This 

temporary deviation has been 

coordinated with waterway users. No 

objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: November 24, 2014. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2014–28842 Filed 12–8–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0206; FRL–9920–20- 

Region 5] 

Approval and Promulgation of 

Implementation Plans; Wisconsin; 

Nitrogen Oxide Combustion Turbine 

Alternative Control Requirements for 

the Milwaukee-Racine Former 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: On February 24, 2014, the 

Wisconsin Department of Natural 

Resources (WDNR) submitted revisions 

to the limits found in its nitrogen oxides 

(NOX) combustion turbine rule for the 

Milwaukee-Racine area formerly 

nonattainment for the 1997 ozone 

standard. This revision is contained in 

‘‘2013 Wisconsin Act 91—Senate Bill 

371,’’ which provides for alternative 

NOX requirements, subject to 

Environmental Protection Agency (EPA) 

approval on a case-by-case basis, to 

determine whether these alternative 

limits satisfy the reasonably available 

control technology (RACT) requirements 

of the Clean Air Act (CAA). EPA 

proposed to approve this rule as a 

revision to the State Implementation 

Plan (SIP) on April 30, 2014, and 

received adverse comments. EPA 

subsequently issued a supplemental 

proposal on October 9, 2014, to address 

the issue of whether the SIP revision 

satisfies certain anti-backsliding 

requirements of the CAA. EPA received 

an adverse comment on this 

supplemental proposal on October 23, 

2014. After duly considering both this 

comment and the adverse comments 

received in response to the April 30, 

2014, proposal, EPA is approving this 

rule because the process established 

will ensure that modified sources meet 

RACT and the revision meets the antibacksliding requirements of the CAA. 

This final action addresses all of these 

adverse comments. 

DATES: This final rule is effective on 

December 9, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2014–0206. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Steven 

Rosenthal, at (312) 886–6052 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Air Programs Branch (AR– 

18J), Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 866–6052, 

rosenthal.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this final 

approval? 

II. What are EPA’s response to comments? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this final 

approval? 

A detailed background for this 

approval is contained in the April 30, 

2014, direct final rule (79 FR 24337), 

which can also be found in the docket 

for this action. 

Under Wisconsin’s current SIPapproved NOX control program, NR 428, 

existing simple cycle combustion 

turbines larger than 84 megawatts (MW) 

that undergo a major modification after 

February 2001 must meet the emission 

limitations set forth in s. NR 

428.04(2)(g)1.a. and 2.a. This provision 

sets NOX emission limits of 12 or 25 

parts per million dry volume (ppmdv) at 

15% oxygen (O2), on a 30-day rolling 

basis, when firing natural gas or 

distillate oil, respectively. 

The WDNR originally set the NOX

emission limitations for combustion 

turbines, in NR 428.04(2)(g)1.a. and 2.a., 

based on the mistaken assumption that 

dry low NOX (DLN) combustion 

technology was feasible and available 

for both new and modified combustion 

turbines and that such technology was 

capable of meeting the established 

emission limitations. As previously 

stated, the emission limitations in NR 

428.04(2)(g)1.a. and 2.a. apply to simple 

cycle combustion turbines that are 

larger than 84 MW (of which there are 

only four in the Milwaukee-Racine 

maintenance area) and undergo a major 

modification. These four combustion 

turbines are the model 11N turbines that 

were manufactured by ASEA BrownBoveri (ABB) and are operated by We 

Energies at its Paris generating facility. 

These four combustion turbines were 

designed and manufactured to use water 

injection instead of DLN technology to 

control NOX emissions. Use of water 

injection limits NOX emissions to the 

alternate levels provided by Wisconsin 

Act 91 (25 ppmdv, for natural gas and 

65 ppmdv for oil), but cannot achieve 

the emission limits required by NR 

428.04(2)(g), Wis. Admin. Code (12 and 

25 ppmdv). These combustion turbines 

are all located in an area that is 

designated attainment for both the 1997 

and 2008 ozone standards, although 

there is a monitor in the area with a 

design value that exceeds the 2008 

ozone standard for the most recent 

three-year period for which certified 

data are available (2011–2013). 

For reasons described in the April 30, 

2014, direct final rule (79 FR 24337), 

WDNR has determined that the 

previously-approved SIP NOX emission 

limits for simple cycle combustion 

turbines that undergo a major 

modification in the Milwaukee-Racine 

area are not feasible for the four existing 

combustion turbines to which these 

limits would apply. EPA agrees with 

this determination. The Wisconsin 

legislature adopted s. 285.27(3m), which 

became effective on December 15, 2013, 

to establish feasible RACT limits in the 

event of a major modification. EPA finds 

that these limits constitute RACT and 

issued both a direct final rule and a 

proposed rule to approve the rule into 

the SIP. 


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