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Amendment to Florida Keys National Marine Sanctuary Regulations Revising the Boundary of the Northernmost Area To Be Avoided Off the Coast of Florida

 [Federal Register: November 22, 2000 (Volume 65, Number 226)]
[Proposed Rules]
[Page 70324-70325]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no00-25]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 001116322-0322-01]
RIN 0648-AO74


Amendment to Florida Keys National Marine Sanctuary Regulations
Revising the Boundary of the Northernmost Area To Be Avoided Off the
Coast of Florida

AGENCY: National Ocean Service (NOS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.

ACTION: Proposed rule; Request for public comments; Notice of hearing.

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SUMMARY: NOAA, in cooperation with the U.S. Coast Guard (USCG),
proposes to revise the boundary of the northernmost Area To Be Avoided
(ATBA) off the coast of the Florida Keys. This change to the boundary
is expected to increase maritime safety and to avoid harm to the marine
environment and its resources.

DATES: Comments must be received on or before January 8, 2001. Public
hearings will be held on:
    1. December 12, 2000, 3:30 p.m. to 5 p.m., Key Colony Beach,
Florida.
    2. December 13, 2000, 10 a.m. to 11:30 a.m., Miami, Florida Submit
requests to present oral testimony on or before December 8, 2000.

ADDRESSES: Submit all written comments, requests to present oral
testimony, and requests for the Draft Environmental Assessment prepared
for this action to Billy Causey, Florida Keys National Marine Sanctuary
Headquarters, P.O. Box 500368, Marathon, Florida 33050.
    The hearing locations are:
    1. Key Colony Beach, Florida--Key Colony Beach City Hall, 600 West
Ocean Drive, Key Colony Beach, Florida.
    2. Miami, Florida--The Port of Miami Conference Room on the 2nd
floor, 1015 N. America Way Miami, FL 33132

FOR FURTHER INFORMATION CONTACT: Billy Causey, Superintendent, Florida
Keys National Marine Sanctuary, Florida Keys National Marine Sanctuary
Headquarters, P.O. Box 500368, Marathon, Florida 33050, Tel: (305) 743-
2357, Email: billy.causey@noaa.gov

SUPPLEMENTARY INFORMATION:

Background

    In part, as a result of three large vessel groundings within an 18-
day period in the fall of 1989 on the coral reef tract of the Florida
Keys, Congress passed the Florida Keys National Marine Sanctuary and
Protection Act (FKNMSPA), designating the area as the Florida Keys
National Marine Sanctuary (FKNMS). The primary goal of this legislation
is to protect the health of the fragile ecosystem of the Florida Keys.
Among other things, to accomplish this goal, Congress established four
ATBAs where tank vessels and vessels larger than 50 meters are
prohibited from entering. Under the FKNMSPA, NOAA and the USCG have the
authority to amend the ATBAs.
    On April 21, 1998, pursuant to input from the shipping industry,
the FKNMS Sanctuary Advisory Council (SAC) recommended a revision to
the boundary of the northernmost ATBA to eliminate a small portion of
the boundary near ``the Elbow'' which juts

[[Page 70325]]

out further than other portions of the ATBA. The proposed ATBA
amendment will permit ships in two opposing traffic patterns located
just outside the boundary of the ATBA to increase the distance between
them, thus increasing maritime safety in the area. The proposed
amendment will not result in bringing ship traffic any closer to the
reef than the other parts of the ATBA and, by reducing the potential
for collisions, the amendment is beneficial for the protection of the
marine environment.
    The north- and east-bound vessels utilize the Gulf Stream in this
area while the south- and west-bound vessels try to take advantage of
countercurrents from eddies off of the Gulf Stream. The existing
configuration of the ATBA near the coral reef known as ``the Elbow,''
when examined in relation to the axis of the Gulf Stream, results in a
potential convergence of northeasterly bound and southwesterly bound
traffic. The potential risk of collision increases when the Gulf Stream
meanders closer to ``the Elbow.'' The proposed revision of the ATBA
boundary will permit ships in these two opposing traffic patterns to
increase the distance between them, thus increasing maritime safety in
the area. A collision in this area could cause oil and other material
to seep into the Florida Keys damaging marine sanctuary resources, the
marine environment, and quite possibly, the recreational, tourism and
fishing industries of the Florida Keys.
    In March 2000, the USCG conducted a survey of mariners, who
frequently travel through this area, to see whether they believed ``the
Elbow'' of the ATBA to be a safety hazard for vessels traveling in that
area. Close to half of the mariners surveyed felt that ``the Elbow''
created a ``pinch point'' for south- and west-bound vessels that
attempt to stay out of both the ATBA and the lanes of traffic for the
north- and east-bound vessels. The USCG subsequently recommended the
revision of the ATBA boundary in order to increase maritime safety in
the area.
    Based on these recommendations, and its own draft environmental
assessment of the recommendations, NOAA proposes to amend the boundary
of the northernmost ATBA. This action is not expected to have a
significant adverse impact on the environment.

Miscellaneous Requirements

Executive Order 12866

    This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.

Regulatory Flexibility Act

    The Chief Counsel for Regulations of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the proposed rule is not expected to have a
significant economic impact on a substantial number of small entities.
The existing ATBA and the proposed boundary change do not apply to a
substantial number of small entities because the ATBA only applies to
tank vessels and those vessels greater than 50 meters in length. Most
of the vessels subject to this rule are foreign flagged vessels that
are owned or chartered by large corporations. This measure is not
expected to have any impact on the small business community.
Accordingly, an initial regulatory flexibility analysis was not
prepared.

National Environmental Policy Act Requirements

    NOAA has concluded that this regulatory action does not constitute
a major federal action significantly affecting the quality of the human
environment. Therefore, an environmental impact statement is not
required. A draft environmental assessment has been prepared. It is
available for comment (see ADDRESSES).

Plain Language Requirement

    The President has directed all agencies to use plain language in
their communications with the public, including regulations. To comply
with this directive, we seek public comment on any ambiguity or
unnecessary complexity arising from the language used in this rule (see
ADDRESSES).

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Marine
resources, Penalties, Recreation and recreation areas, Reporting and
recordkeeping requirements, Research.

Capt. Ted I. Lillestolen,
Deputy Assistant Administrator for Ocean Services and Coastal Zone
Management.
    Accordingly, for the reasons set forth in the preamble, 15 CFR Part
922 is proposed to be amended as follows:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

    1. The authority citation for part 922 continues to read as
follows:

    Authority: 16 U.S.C. 1431 et seq.

922 Appendix VII--[AMENDED]

Subpart P--Florida Keys National Marine Sanctuary

    2. Appendix VII to subpart P of part 922 is amended in the table
by redesignating the entries for points 23 through 51 as 24 through
52, and by revising the entries under ``In the Vicinity of the
Florida Keys'' to read as follows:

Appendix VII to Subpart P of Part 922--Areas To Be Avoided Boundary
Coordinates

                  In the Vincinity of the Florida Keys
 [Reference Charts: United States 11466, 27th Edition--September 1, 1990
         and United States 11450, 4th Edition--August 11, 1990]
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              Point                    Latitude            Longitude
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1...............................  25 deg.45.00'N....  80 deg.06.10'W.
2...............................  25 deg.38.70'N....  80 deg.02.70'W.
3...............................  25 deg.22.00'N....  80 deg.03.00'W.
4...............................  25 deg.06.38'N....  80 deg.10.48'W.
5...............................  24 deg.56.37'N....  80 deg.19.26'W.
6...............................  24 deg.37.90'N....  80 deg.47.30'W.
7...............................  24 deg.29.20'N....  81 deg.17.30'W.
8...............................  24 deg.22.30'N....  81 deg.43.17'W.
9...............................  24 deg.28.00'N....  81 deg.43.17'W.
10..............................  24 deg.28.70'N....  81 deg.43.50'W.
11..............................  24 deg.29.80'N....  81 deg.43.17'W.
12..............................  24 deg.33.10'N....  81 deg.35.15'W.
13..............................  24 deg.33.60'N....  81 deg.26.00'W.
14..............................  24 deg.38.20'N....  81 deg.07.00'W.
15..............................  24 deg.43.20'N....  80 deg.53.20'W.
16..............................  24 deg.46.10'N....  80 deg.46.15'W.
17..............................  24 deg.51.10'N....  80 deg.37.10'W.
18..............................  24 deg.57.50'N....  80 deg.27.50'W.
19..............................  25 deg.09.90'N....  80 deg.16.20'W.
20..............................  25 deg.24.00'N....  80 deg.09.10'W.
21..............................  25 deg.31.50'N....  80 deg.07.00'W.
22..............................  25 deg.39.70'N....  80 deg.06.85'W.
23..............................  25 deg.45.00'N....  80 deg.06.10'W.
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[FR Doc. 00-29824 Filed 11-21-00; 8:45 am]
BILLING CODE 3510-08-P

 
 

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