[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Proposed Rules]
[Pages 70324-70325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29824]


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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: [email protected]

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