[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Notices]
[Pages 41873-41874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19987]



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DEPARTMENT OF COMMERCE


Coastal Zone Management: Federal Consistency Appeal by Mobil 
Exploration & Producing U.S. Inc. From an Objection by the State of 
Florida

AGENCY: National Oceanic and Atmospheric Administration, Department of 
Commerce.

ACTION: Notice of decision.

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    On June 20, 1995, the Secretary of Commerce (Secretary) issued a 
decision in the consistency appeal of Mobil Exploration & Producing 
U.S. Inc. (Mobil). Mobil is the operator of Outer Continental Leases 
OCS-G 10401, 10406, 10407, 10411, and 10412. The lease area, described 
as Pensacola Area Blocks 845, 846, 889, 890, 933 and 934 (Pensacola 
Blocks), is located in the northeast Gulf of Mexico Outer Continental 
Shelf, approximately 10-20 miles from Pensacola, Florida, and 
approximately 64 miles south-southeast of Theodore, Alabama. The 
Secretary decided to override the State of Florida's (State) objections 
to Mobil's Supplemental Plan of Exploration (SPOE).
    In 1989, Mobil submitted a proposed Plan of Exploration (POE) to 
the Minerals Management Service of the Department of the Interior (MMS) 
together with a certification that the proposed POE was consistent with 
the State's federally approved Coastal Management Program (CMP), as 
required under the Coastal Zone Management Act (CZMA), 16 U.S.C. 1451 
et seq. Mobil proposed drilling six exploratory wells to evaluate the 
hydrocarbon potential of the Pensacola Area Blocks. MMS approved 
Mobil's POE and the State concurred with Mobil's consistency 
certification on April 17, 1990.
    Subsequently, on September 6, 1991, Mobil submitted to the MMS a 
proposed SPOE to drill one additional exploratory well at Pensacola 
Block 889. The well site is located approximately 74 miles from 
Theodore, Alabama, and 13.5 miles from Pensacola, Florida. MMS approved 
Mobil's SPOE subject to the State'a review under the CZMA.
    The State objected to Mobil's SPOE, finding the proposal for 
drilling the additional exploratory well is inconsistent with the 
State's policies of protecting its marine and coastal resources. Under 
section 307(c)(3)(B) of the CZMA, and 15 CFR 930.121 and 930.122, the 
State's objections preclude MMS from issuing a permit or license for 
Mobil's proposed activity, unless the Secretary finds that the activity 
is either consistent with the objectives or purposes of the CZMA 
(Ground I) or necessary in the interest of national security (Ground 
II). If the requirements of either Ground I or Ground II are met, the 
Secretary must override the State's objections.
    In accordance with section 307(c)(3)(B) of the CZMA, Mobil filed an 
appeal with the Secretary arguing both Grounds I and II for a 
Secretarial override. Additionally, three threshold issues were raised 
by Mobil and the State during the course of the appeal. Upon 
consideration of the information submitted by Mobil, the State and 
interested Federal agencies, the Secretary made the findings discussed 
below.
    Regarding the Secretary's findings on the three threshold issues, 
the decision determined that the State's objections were properly 
lodged, the Secretary will necessarily determine the adequacy of 
information for an override rather than summarily dismiss consistency 
appeals, and the activity before the Secretary on review in this appeal 
is the one additional exploratory well proposed in Mobil's SPOE.
    The Secretary made the following findings with regard to Ground I: 
Mobil's proposed SPOE activity satisfies the first element of Ground I, 
because it furthers one of the objectives or purposes of the CZMA. The 
CZMA recognizes a national objective in achieving a greater degree of 
energy self-sufficiency. The proposed activity satisfies the second 
element of Ground I, since the adverse effects of the additional 
proposed exploratory well on the State's coastal resources and uses 
will not outweigh the benefit to the national interest.
    Mobil's proposed SPOE also satisfies the third element of Ground I, 
because the activity will not violate the Clean Air Act or the Clean 
Water Act. Finally, Mobil's proposed SPOE satisfies the fourth element 
of Ground I, because there is no reasonable alternative 

[[Page 41874]]
available to Mobil that would allow its proposed activity to be carried 
out in a manner consistent with the State's CMP.
    Regarding Ground II, the decision finds that neither Mobil nor any 
Federal agency commenting on this ground specifically identified or 
explained how Mobil's inability to proceed with its proposed SPOE 
activity would significantly impair a national defense or other 
national security interest.
    Because Mobil's propose SPOE satisfies all four of the requirements 
of Ground I, the Secretary's decision overrides the State's objections 
to Mobil's proposal for one additional exploratory well. Consequently, 
in deciding whether to permit the exploration activity proposed in 
Mobil's SPOE, MMS is not constrained by the States' objections under 
the CZMA. Copies of the decision may be obtained from the office listed 
below.

FOR ADDITIONAL INFORMATION CONTACT:
Michael I. Weiss, Attorney-Adviser, Office of the Assistant General 
Counsel for Ocean Services, National Oceanic and Atmospheric 
Administration, U.S. Department of Commerce, 1305 East-West Highway, 
Suite 6110, Silver Spring, Maryland 20910, (301) 713-2967.


    .Dated: August 7, 1995.
Terry D. Garcia,
General Counsel.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.)

[FR Doc. 95-19987 Filed 8-11-95; 8:45 am]
BILLING CODE 3510-08-M