[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
