This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

37827 

Vol. 82, No. 155 

Monday, August 14, 2017 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1051 

[Docket No. AO–15–0071; AMS–DA–14– 

0095] 

Proposed California Federal Milk 

Marketing Order; Documents for 

Official Notice 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Request for public comments. 

SUMMARY: This document announces the 

intention of the Agricultural Marketing 

Service (AMS) to take Official Notice of 

documents related to the California 

Federal Milk Marketing Order (FMMO) 

rulemaking proceeding. This document 

invites interested parties to submit 

comments on whether the documents 

are relevant to the material issues of the 

proceeding. 

DATES: Comments are due August 29, 

2017. 

ADDRESSES: Comments should be 

submitted at the Federal eRulemaking 

portal: www.regulations.gov. Comments 

may also be filed with the Hearing 

Clerk, U.S. Department of Agriculture, 

Room 1031–S, Washington, DC 20250– 

9200, Facsimile number (202) 720–9976. 

All comments should reference the 

docket number and the date and page 

number of this issue of the Federal 

Register. All comments will be made 

available for public inspection in the 

Office of the Hearing Clerk during 

regular business hours, or can be viewed 

at: www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Erin 

Taylor, Acting Director, Order 

Formulation and Enforcement Division, 

USDA/AMS/Dairy Program, STOP 0231, 

Room 2969–S, 1400 Independence Ave. 

SW., Washington, DC 20250–0231, 

telephone: (202) 720–7311, or email 

address: erin.taylor@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Department of Agriculture (Department) 

held a hearing from September 22, 2015, 

through November 8, 2015, regarding 

promulgation of a Federal Milk 

Marketing Order (FMMO) in California. 

During the hearing, participants 

requested the Department take Official 

Notice of several documents and 

resources relevant to the proceeding. 

The Administrative Law Judge presiding 

over the hearing ruled that interested 

parties could submit requests for 

Official Notice of documents and 

resources through their post-hearing 

briefs, and the Department could then 

make a determination regarding the 

requests. 

Two parties submitted Official Notice 

requests in their post-hearing briefs and 

provided lists and sources for the 

relevant documents. On February 14, 

2017, the Department published in the 

Federal Register a recommended 

decision on the establishment of a 

California FMMO (82 FR 10634). After 

an initial review, the Department took 

Official Notice of many of the 

documents in the recommended 

decision. However, the Department did 

not make a formal determination 

regarding others. 

Two comments filed in response to 

the recommended decision took 

exception to the fact that the 

Department did not rule upon all 

documents requested for Official Notice 

submitted in post-hearing briefs by 

California Dairies, Inc.; Dairy Farmers of 

America, Inc.; and Land O’Lakes, Inc. 

(the Cooperatives); and by the Dairy 

Institute of California (the Institute). 

In response, AMS is considering 

taking Official Notice of these additional 

documents. The Code of Federal 

Regulations (7 CFR 900.8) requires 

providing interested parties an 

opportunity to object to taking Official 

Notice of documents because they are 

inaccurate or erroneously noticed; for 

example, if they are not relevant to the 

material issues of the proceeding. This 

Notice serves to provide interested 

parties the opportunity to object to the 

documents below if they believe that 

any do not meet the requirements of 7 

CFR 900.8. 

A complete list of these documents, 

along with links and sources to access 

them, is available at www.ams.usda.gov/ 

caorder. Comments should focus on 

whether the documents are relevant to 

the material issues of the California 

FMMO proceeding, which are as 

follows: 

1. Whether the handling of milk in the 

proposed marketing area is in the 

current of interstate commerce, or 

directly burdens, obstructs, or affects 

interstate commerce in milk or its 

products; 

2. Whether economic and marketing 

conditions in California show a need for 

a Federal marketing order that would 

tend to effectuate the declared policy of 

the Act; 

3. If an order is issued, what its 

provisions should be with respect to: 

a. Handlers to be regulated and milk 

to be priced and pooled under the order; 

b. Classification of milk, and 

assignment of receipts to classes of 

utilization; 

c. Pricing of milk; 

d. Distribution of proceeds to 

producers; and 

e. Administrative provisions. 

The Department will consider any 

objections filed prior to making a 

determination in this matter. 

The Department compiled the 

following list after reviewing the 

documents submitted for Official 

Notice, verifying or correcting the titles 

provided, and determining whether 

publically accessible sources exist. As 

interested parties did not provide hard 

copies of the documents they were 

requesting for Official Notice, those 

documents for which a source was not 

provided or that the Department 

determined to lack a publically 

accessible source are excluded from 

Official Notice consideration. 

Academic Sources 

• Pratt, James E., Phillip M. Bishop, 

Eric M. Erba, Andrew M. Novakovic, 

and Mark W. Stephenson: A Description 

of the Methods and Data Employed in 

the U.S. Dairy Sector Simulator, Cornell 

Program on Dairy Markets and Policy, 

July 1997; 

• Pratt, James E., Phillip M. Bishop, 

Eric M. Erba, Andrew M. Novakovic, 

and Mark W. Stephenson: Normative 

Estimates of Class I Prices Across U.S. 

Milk Markets, Cornell Program on Dairy 

Markets and Policy, July 1998; 

• Class I Surface Maps, March 2014 

and September 2014: Mark Stephenson; 

• Jacobson, Robert E., et al., Research 

Bulletin 1105: Pricing Grade A Milk 

Used in Manufactured Dairy Products, 

Ohio Agriculture Research and 

Development Center, December 1978; 

and 


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37828 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Proposed Rules 

• Baker, Burton A., and Rudolph K. 

Froker: The Evaporated Milk Industry 

Under Federal Marketing Agreements, 

University of Wisconsin, August 1945. 

Agricultural Marketing Service (AMS) 

Data and Publications 

• AMS Dairy Market News, weekly 

reports, January 1, 2015–April 2016; 

• AMS Dairy Market Statistics, 

annual reports, 1997–2015; 

• AMS FMMO Marketing and 

Utilization Summary, annual, 2015; 

• AMS FMMO Statistics, annual 

summaries, 1980–2015; 

• AMS Mailbox Milk Prices, monthly, 

January 2012–February 2016; 

• AMS Market Information Branch 

Publication: Measures of Growth in 

Federal Milk Orders, September 2016; 

• AMS National Dairy Product Sales 

Reports, weekly, 2012–2016; 

• AMS Regulatory Impact Analysis 

on FMMO Reform, March 1999; 

• Letter to Handlers in FMMO 1 

regarding temporary dumped milk 

policy, March 2016; 

• Letter to Handlers in FMMO 1 

regarding temporary dumped milk 

policy, December 2015; 

• List of Supply Plant Systems: Upper 

Midwest Marketing Area, annual, 2014– 

2016; 

• Lists of Plants and Handlers: 

Northeast Marketing Area, monthly, 

2014–2016; 

• Lists of Plants and Handlers: Pacific 

Northwest and Arizona Marketing Area, 

monthly, 2014–2016; 

• Lists of Plants, Handlers, and 

Cooperative Associations: Upper 

Midwest Marketing Area, monthly, 

2014–2016; and 

• USDA response to industry request 

for a national hearing on FMMO 

program prices, September 17, 2012. 

California Department of Food and 

Agriculture (CDFA) Data and 

Publications 

• CDFA Annual Dairy Data, 2015; 

• CDFA Appendix: Glossary of Dairy 

Terms; 

• CDFA California Dairy Plant List, 

2015; 

• CDFA California Dairy Statistics, 

annual, 2014 and 2015; 

• CDFA California Price Data, 

weighted average prices received for 

nonfat dry milk and volumes sold by 

California processors, weekly and 

monthly; 

• CDFA CME Cheddar Cheese and 

Butter Prices vs. California Sales, 

monthly, February 2004–November 

2013; 

• CDFA Dairy Industry Fact Sheet, 

2000; 

• CDFA Dairy Manufacturing Cost 

Surveys (September 18, 2007; November 

14, 2013; and December 9, 2015); 

• CDFA Dairy Product Data, monthly, 

2014–year-to-date; 

• CDFA Designated Supply Handlers 

for Procurement, Regions 1 and 2, 2015– 

2016; 

• CDFA Full Manufacturing Cost 

Survey, 2014; 

• CDFA Hearing Panel Report on 

Class 4b Pricing, June 2015; 

• CDFA Milk Production Cost Data, 

quarterly, 2013–2016; 

• CDFA Milk Production Pooling 

Data, monthly, 2014; 

• CDFA Dairy Review Newsletters, 

monthly, 2003–2016; 

• CDFA Pooling Plan for Market Milk 

as Amended, June 2013; 

• CDFA Stabilization and Marketing 

Plan for Market Milk as Amended, 

Northern California Marketing Area, 

August 2015; 

• CDFA Stabilization and Marketing 

Plan for Market Milk as Amended, 

Southern California Marketing Area, 

August 2015; 

• CDFA Statistics and Trends Annual 

Tables and Data, 2014; 

• CDFA Statistics and Trends MidYear Review, January–June 2015; 

• CDFA transcripts from Public 

Hearing to Consider Amendments to 

Stabilization and Marketing Plans (Class 

4b pricing formula changes), June 2015; 

and 

• CDFA Water Quality Regulations 

for Dairy Operators in California’s 

Central Valley–Overview and 

Compliance Cost Analysis, November 

2010. 

California State Statutes 

• California Food and Agriculture 

Code: Division 21, Part 3, Chapter 1, 

Sections 61301–61573: Marketing of 

Milk and Other Dairy Products; 

• California Food and Agriculture 

Code: Division 21, Part 3, Chapter 2, 

Sections 61801–62402: Stabilization and 

Marketing of Market Milk; 

• California Food and Agriculture 

Code: Division 21, Part 3, Chapter 2.5, 

Sections 62500–62667: Milk Producer’s 

Security Fund; 

• California Food and Agriculture 

Code: Division 21, Part 3, Chapter 3, 

Sections 62700–62731: Equalization 

Pools; and 

• California Food and Agriculture 

Code: Division 21, Part 3, Chapter 3.5, 

Sections 62750–62757: Milk Pooling. 

Congressional Legislation 

• 1965 Farm Bill; 

• 1970 Farm Bill; 

• 1985 Farm Bill; 

• 2008 Farm Bill; 

• 2000 Appropriations for 

Agriculture, Rural Development, Food 

and Drug Administration, and Related 

Agencies; and 

• Milk Regulatory Equity Act of 2005. 

Economic Research Service (ERS) 

Publications 

• ERS Dairy Data Spreadsheets: U.S. 

Dairy Situation at a Glance; Dairy 

Products Per Capita Consumption; Milk 

Cows and Production by State and 

Region; Annual Milk Production and 

Factors Affecting Supply; Per Capita 

Consumption of Selected Cheese 

Varieties (most current spreadsheets); 

• ERS Milk Costs of Production: Costs 

and returns per hundredweight sold by 

state, annual, 2010–2014; 

• ERS Milk Costs of Production: Costs 

and returns per hundredweight sold by 

size group, annual, 2014 (data set 

contains 2010–2014); 

• ERS Milk Costs of Production: U.S. 

dairy costs of production per 

hundredweight of milk sold, monthly, 

2015; 

• ERS Publication: Pricing Milk and 

Dairy Products: Principles, Practices, 

and Problems, 1971; 

• ERS Report to Congress: Report on 

the United States Department of 

Agriculture’s Reporting Procedures for 

Nonfat Dry Milk, September 2007; 

• ERS Situation and Outlook Reports: 

Feed Outlook Reports, monthly, 2014– 

2015; and 

• ERS Situation and Outlook Reports: 

Livestock, Dairy and Poultry Outlook 

Reports (Dairy Part), monthly, 2014– 

2016. 

National Agricultural Statistics Service 

(NASS) Data and Publications 

• NASS Dairy Products Mandatory 

Program Web page; 

• NASS Dairy Products Prices, 

weekly, 1998–2012; 

• NASS Dairy Products, annual 

summary, 1997–2015 (data for 1995– 

2014); 

• NASS Dairy Products, monthly, 

January 2015–April 2016; 

• NASS Milk Cows and Production 

Final Estimates (SB 988), data covers 

1998–2002; 

• NASS Milk Cows and Production 

Final Estimates (SB 1022), data covers 

2003–2007; 

• NASS Milk Cows and Production 

Final Estimates (SB 1036), data covers 

2008–2012; 

• NASS Milk Production, 

Disposition, and Income Annual 

Summary, 1995–2015; 

• NASS Milk Production, monthly 

reports, January 2015–February 2016; 

• NASS Overview of the United 

States Dairy Industry, September 22, 

2010; 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Proposed Rules 37829 

• NASS Dairy Products Prices: How 

Does That Work?; and 

• NASS Survey Cheddar Cheese Price 

Data (May 23, 1997; June 27, 1997; 

August 1, 1997; September 5, 1997; 

October 10, 1997; December 19, 1997; 

December 29, 1997; January 23, 1998; 

February 20, 1998; March 20, 1998; 

April 24, 1998; May 29, 1998; June 26, 

1998; July 31, 1998; August 28, 1998; 

and October 2, 1998). 

USDA Office of the Chief Economist 

Publication 

• Drought Monitor: Percentage of 

crops and livestock located in drought, 

March 2016. 

Federal Government Resources 

• Census Bureau data on Upper 

Midwest FMMO, Market Area 

Population; 

• Energy Information Administration 

Weekly Retail Gasoline and Diesel 

Prices, January 2011–July 2015; 

• Federal Highway Administration 

Highway Statistics Summary to 1995; 

and 

• Federal Highway Administration 

Highway Statistics, Annual Issues, 

1995–2012. 

Federal Register Publications 

• 3 FR 1945–1949 regarding the 

handling of milk in the New York 

Metropolitan Marketing Area, August 

1938; 

• 26 FR 7134–7141 regarding 

amendments to the Chicago marketing 

order, August 1961; 

• 27 FR 799–816 regarding 

amendments to pricing of milk reserves 

and excess reserves, January 1962; 

• 31 FR 7062 regarding a Puget 

Sound, Washington, market area 

expansion and amendments to 

producer-handler definition, May 1966; 

• 39 FR 11567–11571 regarding a 

partial decision on emergency measures 

to suspend butter powder prices, March 

1974; 

• 44 FR 48128–48130 regarding a 

decision to not promulgate an order in 

the Southwestern Idaho-Eastern Oregon 

marketing area, August 1979; 

• 50 FR 32716, 32718–32719 

regarding a decision to expand two 

marketing areas and revise location 

differentials in the Middle Atlantic and 

New York-New Jersey areas, August 

1985; 

• 52 FR 15951–15960 regarding 

termination of proceedings on proposed 

amendments to the Georgia and certain 

other marketing areas, May 1987; 

• 53 FR 686–731 regarding the merger 

of two marketing areas in the Great 

Basin and Lake Mead marketing areas, 

January 1988; 

• 53 FR 36321–36334 regarding a 

final decision to provide partial credits 

to handlers hauling surplus milk in the 

Texas marketing area, September 1988; 

• 55 FR 25618–25669 regarding 

promulgation of a Carolina FMMO, June 

1990; 

• 56 FR 57850–57864 regarding a 

decision to adopt multiple component 

pricing for the Mid-Atlantic FMMO, 

November 1991; 

• 58 FR 58112–58137 regarding 

amendments to the New England and 

Certain Other Marketing Areas, October 

1993; 

• 59 FR 8546–8565 regarding 

amendments to the Pacific Northwest 

and Southwestern Idaho-Eastern Oregon 

Marketing Areas, February 1994; 

• 60 FR 7290–7333 regarding 

amendments to the New England and 

Other Marketing Areas, February 1995; 

• 60 FR 25014–25071 regarding 

amendments to the Georgia and Certain 

Other Marketing Areas, May 1995; 

• 60 FR 41833–41868 regarding 

amendments to the Chicago Regional 

and Other Marketing Areas, August 

1995; 

• 60 FR 43066–43089 regarding 

amendments to the Southern Michigan 

Marketing Area, August 1995; 

• 64 Fed Reg. 70868–70912 regarding 

amendments to the New England and 

Other Marketing Areas, December 1999; 

• 65 FR 76832–76861 regarding 

amendments to the Northeast and Other 

Marketing Areas, December 2000; 

• 70 FR 74166, 7418 regarding a final 

decision on amendments to the Pacific 

Northwest and Arizona-Las Vegas 

Marketing Areas, December 2005; 

• 71 FR 67467–67495 regarding 

amendments to the Northeast and Other 

Marketing Areas, November 2006; 

• 73 FR 11194–11229 regarding 

amendments to the Appalachian, 

Florida, and Southeast Marketing Areas, 

February 2008; 

• 73 FR 35306–35331 regarding 

amendments to the Northeast and Other 

Marketing Areas, June 2008; 

• 75 FR 33534–33533 regarding 

amendments to the Northeast and Other 

Marketing Areas, June 2010; and 

• 78 FR 9248 regarding a final 

decision to adopt changes to the make 

allowances and butterfat yield factor in 

Class III and IV price formulas, February 

2013. 

Authority: 7 U.S.C. 601–608. 

Dated: August 8, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–17100 Filed 8–11–17; 8:45 am] 

BILLING CODE 3410–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0150; FRL–9965–91– 

Region 1] 

Air Plan Approval; Connecticut; 

Nonattainment New Source Review 

Permit Requirements for the 2008 8- 

Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the state implementation plan (SIP) 

revision submitted on March 9, 2017, by 

the State of Connecticut, through the 

Connecticut Department of Energy and 

Environmental Protection (CT DEEP), 

addressing the nonattainment new 

source review (NNSR) requirements for 

the 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS). The SIP revision addresses 

both of Connecticut’s ozone 

nonattainment areas for the 2008 ozone 

NAAQS; the Greater Connecticut area 

and the Connecticut portion of the New 

York-N. New Jersey-Long Island, NY-NJCT area. The Connecticut portion of the 

New York-N. New Jersey-Long Island, 

NY-NJ-CT ozone nonattainment area 

consists of Fairfield, New Haven, and 

Middlesex counties. The Greater 

Connecticut nonattainment area 

includes the rest of the State. This 

action is being taken pursuant to the 

Clean Air Act (CAA or Act) and its 

implementing regulations. 

DATES: Written comments must be 

received on or before September 13, 

2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2017–0150 at https://

www.regulations.gov, or via email to 

dahl.donald@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 


sradovich on DSK3GMQ082PROD with PROPOSALS