[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Notices]
[Page 35611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13971]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Coastal Zone Management: Federal Consistency Appeal by Mobil Oil 
Exploration and Producing Southeast, Inc.; Consistency Appeal of 
Objections by the State of North Carolina

AGENCY: National Oceanic and Atmospheric Administration.

ACTION:  Notice of decision.

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    On September 2, 1994, the Secretary of Commerce (Secretary) 
declined to override two objections by the State of North Carolina to 
the proposed drilling discharges (PDD) and overall Plan of Exploration 
(POE) by Mobil Oil Exploration & Producing Southeast, Inc. (Mobil) at a 
site about 38 miles offshore North Carolina. The Secretary made these 
decisions pursuant to section 307(c)(3) of the Coastal Zone Management 
Act (CZMA). Mobil challenged the Secretary's decisions in U.S. District 
Court for the District of Columbia claiming they were made in violation 
of the Administrative Procedure Act. On March 11, 1996, the court 
ordered a stay of the litigation and remanded the matter to the 
Secretary for a determination whether the administrative record should 
be reopened to receive two recently produced studies, one on the 
impacts of Mobil's propsoed actions on benthic resources and one on 
their impacts on socio-economic resources. Mobil, et al. v. Brown, et 
al., 920 F. Supp. 1 (D.D.C. 1996).
    The Secretary's decision was held in abeyance pending settlement 
discussions and the outcome of related litigation.
    On December 8, 1999, the Secretary issued a decision declining to 
reopen the record to admit the two studies at issue in Mobil v. Brown, 
for two reasons. First, both this Department and parties to appeals 
under the CZMA have an interest in the finality of Secretarial 
decisions and the administrative process. Once the administrative 
record is closed, a decision should be made, and new materials should 
not be submitted or considered without a showing of good cause. No good 
cause was shown in this case. Second, the two studies do not address 
all of the information gaps identified by the Secretary's 1994 
decisions. The Secretary's decision has been submitted to the District 
Court in response to the court's order in Mobil v. Brown. Copies of the 
decision may be obtained from:
    Karl Gleaves, Assistant General Counsel for Ocean Services, 
National Oceanic and Atmospheric Administration (NOAA), U.S. Department 
of Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 
20910, (301) 713-2967.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance)
    Dated: May 26, 2000.
James A. Dorskind,
General Counsel.
[FR Doc. 00-13971 Filed 6-2-00; 8:45 am]
BILLING CODE 3510-08-M