40232 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 

1North American Electric Reliability Corp., 138 

FERC ¶ 61,193, at P 73 (2012) (discussing 

Commission plans to survey a random sample of 

FFTs submitted each year to gather information on 

how the FFT program is working). 

2North American Electric Reliability Corp., 

Docket No. RC11–6–004, at 1 (Nov. 13, 2015) 

(delegated letter order) (accepting NERC’s proposal 

to combine the evaluation of CEs with the annual 

sampling of FFTs). 

1 Mountain Valley Pipeline, LLC, 161 FERC 

¶ 61,043 (2017), order on reh’g, 163 FERC ¶ 61,197 

(2018) (‘‘Certificate Order’’), aff’d sub. nom., 

Appalachian Voices v. FERC, No. 17–1271, 2019 

WL 847199 (D.C. Cir. Feb. 19, 2019). The Order 

required Mountain Valley to construct and place 

the facilities in service within three years of the 

date of the Order or October 13, 2020. 

2 Mountain Valley Pipeline, LLC, 173 FERC 

¶ 61,026 (2020), petition for review pending sub 

nom. Sierra Club v. FERC, No. 20–1512 (D.C. Cir.) 

(oral argument held Apr. 7, 2022). On September 

29, 2021, Mountain Valley filed a request for 

extension of time in Docket No. CP19–477–000 to 

align the in-service deadline for its alreadyconstructed Greene Interconnect with that for the 

mainline Project. The Commission has not yet acted 

on that uncontested request. As part of the instant 

request, Mountain Valley is modifying the pending 

request in that docket for consistency. 

3Contested proceedings are those where an 

intervenor disputes any material issue of the filing. 

18 CFR 385.2201(c)(1) (2019). 4Algonquin Gas Transmission, LLC, 170 FERC 

¶ 61,144, at P 40 (2020). 5 Id. at P 40. 

Reliability Corporation (NERC) to 

conduct the annual oversight of the 

Find, Fix, Track and Report (FFT) 

program, as outlined in the March 15, 

2012 Order,1 and the Compliance 

Exception (CE) Program, as proposed by 

NERC’s September 18, 2015 annual 

Compliance Filing and accepted by 

delegated letter order.2

Commission staff reviewed a sample 

of 29 FFT noncompliances out of 191 

FFT noncompliances posted by NERC 

between October 2020 and September 

2021 and a sample of 32 CE 

noncompliances out of 1,050 CE 

noncompliances posted by NERC 

between October 2020 and September 

2021. 

Commission staff found that the FFT 

and CE programs are meeting 

expectations, with limited exceptions. 

Specifically, Commission staff 

identified one instance where the CE 

would be more appropriate as an FFT 

with a moderate risk. Staff also noted in 

two instances of FFT that the originally 

posted description of the 

noncompliances were incomplete. The 

Regional Entities appropriately included 

60 of the 61 samples in the FFT and CE 

programs, and all 61 FFTs and CEs have 

been adequately remediated and the 

root cause of each noncompliance was 

clearly identified. Commission staff also 

reviewed the supporting information for 

these FFTs or CEs and agreed with the 

final risk determinations for 60 of the 61 

noncompliances, which clearly 

identified the factors affecting the risk 

prior to mitigation (such as potential 

and actual risk) and actual harm. 

Finally, Commission staff noted that 

the FFTs and CEs sampled did not 

contain any material misrepresentations 

by the registered entities. 

Dated: June 29, 2022. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2022–14331 Filed 7–5–22; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. CP16–10–000; CP21–57–000; 

CP19–477–000] 

Mountain Valley Pipeline, LLC; Notice 

of Request for Extension of Time 

Take notice that on June 24, 2022, 

Mountain Valley Pipeline, LLC 

(Mountain Valley) requested that the 

Federal Energy Regulatory Commission 

(Commission) grant an extension of 

time, until October 13, 2026, to 

complete construction of the Mountain 

Valley Pipeline Project (Project) and 

place the Project facilities into service, 

as authorized in the October 13, 2017 

Order Issuing Certificate.1 On October 9, 

2020, the Commission issued an order 

granting a two-year extension of time, 

until October 13, 2022, for Mountain 

Valley to complete construction of the 

Project and place the Project facilities 

into service.2 On April 8, 2022, the 

Commission issued an order amending 

the Project certificate to permit 

Mountain Valley to: (1) change the 

crossing method for 183 waterbodies 

and wetlands; (2) slightly shift the 

permanent right-of-way at mileposts 

0.70 and 230.8 to avoid one wetland and 

one waterbody, respectively; and (3) 

conduct 24-hour construction activities 

at eight trenchless crossings. The 

Commission conditioned the 

Amendment Order on Mountain Valley 

completing construction by the October 

13, 2022 construction deadline. 

Mountain Valley states that its request 

for an extension of time is due to the 

ongoing litigation and remand 

proceedings related to several permits 

and authorizations in the above 

identified dockets. 

Mountain Valley states that it has 

shown good cause for the extension as 

Project construction is substantially 

complete and Mountain Valley is 

actively working to reinstate all required 

permits so that it can complete 

construction as expeditiously as 

possible. Mountain Valley avers it is 

currently obtaining all necessary 

permits, including updated 

environmental findings where 

applicable, that will be in place before 

Mountain Valley is permitted to 

complete construction of the Project. 

Mountain Valley states it has expended 

approximately $5.5 billion on the 

Project to date and the Project’s total 

cost is targeted to be approximately $6.6 

billion. Mountain Valley states its 

extension of time request is necessary to 

maintain its erosion and sedimentation 

control program. Finally, Mountain 

Valley states that the Project remains 

fully subscribed under binding longterm agreements. Accordingly, 

Mountain Valley requests an extension 

of the October 13, 2022 deadline until 

October 13, 2026, to complete 

construction of the Mountain Valley 

Pipeline Project and place the Project 

facilities into service. 

This notice establishes a 15-calendar 

day intervention and comment period 

deadline. Any person wishing to 

comment on Mountain Valley’s request 

for an extension of time may do so. No 

reply comments or answers will be 

considered. If you wish to obtain legal 

status by becoming a party to the 

proceedings for this request, you 

should, on or before the comment date 

stated below, file a motion to intervene 

in accordance with the requirements of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the Natural 

Gas Act (18 CFR 157.10). 

As a matter of practice, the 

Commission itself generally acts on 

requests for extensions of time to 

complete construction for Natural Gas 

Act facilities when such requests are 

contested before order issuance. For 

those extension requests that are 

contested,3 the Commission will aim to 

issue an order acting on the request 

within 45 days.4 The Commission will 

address all arguments relating to 

whether the applicant has demonstrated 

there is good cause to grant the 

extension.5 The Commission will not 

consider arguments that re-litigate the 

issuance of the certificate order, 

including whether the Commission 

properly found the project to be in the 

public convenience and necessity and 

whether the Commission’s 

environmental analysis for the 


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Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 40233 

6Similarly, the Commission will not re-litigate 

the issuance of an NGA section 3 authorization, 

including whether a proposed project is not 

inconsistent with the public interest and whether 

the Commission’s environmental analysis for the 

permit order complied with NEPA. 

7Algonquin Gas Transmission, LLC, 170 FERC 

¶ 61,144, at P 40 (2020). 

certificate complied with the National 

Environmental Policy Act.6 At the time 

a pipeline requests an extension of time, 

orders on certificates of public 

convenience and necessity are final and 

the Commission will not re-litigate their 

issuance.7 The OEP Director, or his or 

her designee, will act on all of those 

extension requests that are uncontested. 

In addition to publishing the full text 

of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page (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. At this 

time, the Commission has suspended 

access to Commission’s Public 

Reference Room, due to the 

proclamation declaring a National 

Emergency concerning the Novel 

Coronavirus Disease (COVID–19), issued 

by the President on March 13, 2020. For 

assistance, contact FERC at 

FERCOnlineSupport@ferc.gov or call 

toll-free, (886) 208–3676 or TYY, (202) 

502–8659. 

The Commission strongly encourages 

electronic filings of comments, protests 

and interventions in lieu of paper using 

the ‘‘eFile’’ link at http://www.ferc.gov. 

Persons unable to file electronically may 

mail similar pleadings to the Federal 

Energy Regulatory Commission, 888 

First Street NE, Washington, DC 20426. 

Hand delivered submissions in 

docketed proceedings should be 

delivered to Health and Human 

Services, 12225 Wilkins Avenue, 

Rockville, Maryland 20852. 

Comment Date: 5:00 p.m. Eastern 

Time on July 14, 2022. 

Dated: June 29, 2022. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2022–14332 Filed 7–5–22; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2022–0511; FRL–9986–01– 

OGC] 

Proposed Consent Decree, 

Unreasonable Delay Claim Regarding 

Petition Concerning Treated Seeds and 

Treated Article Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with the 

Environmental Protection Agency (EPA) 

Administrator’s March 18, 2022, 

Memorandum entitled Consent Decrees 

and Settlement Agreements to Resolve 

Environmental Claims Against the 

Agency, notice is hereby given of a 

proposed consent decree that resolves 

Center for Food Safety, et al. v. U.S. 

Environmental Protection Agency, a 

case in the United States District Court 

for the Northern District of California 

(3:21–cv–09640–JSC) that alleges EPA 

unreasonably delayed responding to a 

petition for rulemaking, submitted to 

EPA on or around April 26, 2017, 

relating to the regulatory exemption of 

pesticide treated seed. 

DATES: Written comments on the 

proposed consent decree must be 

received by August 5, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OGC–2022–0511 online at https://

www.regulations.gov (EPA’s preferred 

method). Follow the online instructions 

for submitting comments. 

Instructions: All submissions received 

must include the Docket ID number for 

this action. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments, see the ‘‘Additional 

Information about Commenting on the 

Proposed Consent Decree’’ heading 

under the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Amber Aranda, Pesticides and Toxic 

Substances Law Office; telephone (202) 

564–3186; email address 

aranda.amber@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining a Copy of the Proposed 

Consent Decree 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2022–0511) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. NW, 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

The electronic version of the public 

docket for this action contains a copy of 

the proposed consent decree and is 

available through https://

www.regulations.gov. You may use 

https://www.regulations.gov to submit 

or view public comments, access the 

index listing of the contents of the 

official public docket, and access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search.’’ 

II. Additional Information About the 

Proposed Consent Decree 

Prior to this lawsuit being filed, EPA 

received a petition on or around April 

26, 2017, requesting that EPA (1) amend 

40 CFR 152.25(a) to exclude seeds for 

planting coated with systemic pesticides 

intended to kill pests of the plant, or, (2) 

in the alternative, publish a formal 

agency interpretation in the Federal 

Register stating that 40 CFR 152.25(a) 

does not apply to seeds for planting 

coated with systemic pesticides 

intended to kill pests of the plant, and 

(3) aggressively enforce FIFRA’s 

numerous pesticide registration and 

labeling requirements for each separate 

crop seed product that is coated with a 

neonicotinoid or other systemic 

insecticidal chemical (hereinafter, this 

petition will be referred to as the ‘‘2017 

Petition’’ and the three requests 

enumerated in this paragraph will be 

referred to as the ‘‘2017 Petition 

Requests’’). EPA sought public comment 

on the 2017 Petition. See ‘‘Pesticides; 

Petition Seeking Rulemaking or a 

Formal Agency Interpretation for 

Planted Seeds Treated with Systemic 

Insecticides; Request for Comment,’’ 83 

FR 66260 (December 26, 2018) (the 

‘‘Request for Comment’’). EPA received 

approximately 100 substantive 

comments. Plaintiffs filed a Complaint 

on December 14, 2021, alleging that 

EPA’s failure to respond to the petition 

constitutes an unreasonable delay under 

Section 706(1) of the Administrative 

Procedure Act, 5 U.S.C. 706(1). 

This proposed consent decree states 

that no later than September 30, 2022, 

the appropriate EPA official shall, by 


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