[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Rules and Regulations]
[Pages 34533-34535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16172]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 001116322-1017-02]
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: Final rule.

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SUMMARY: NOAA, in cooperation with the U.S. Coast Guard (USCG), revises 
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: This final rule is effective July 30, 2001.

ADDRESSES: Copies of the Final Environmental Assessment that was 
prepared for this action and the final rule amendment can be requested 
by writing to the Florida Keys National

[[Page 34534]]

Marine Sanctuary headquarters at P.O. Box 500368, Marathon, Florida 
33050.

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-
2437, E-mail: <a href="/cdn-cgi/l/email-protection#0e6c67626277206d6f7b7d6b774e60616f6f20696178"><span class="__cf_email__" data-cfemail="b3d1dadfdfca9dd0d2c6c0d6caf3dddcd2d29dd4dcc5">[email protected]</span></a>

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 enacted the Florida Keys National Marine Sanctuary and 
Protection Act (FKNMSPA), designating the area surrounding the Florida 
Keys as the Florida Keys National Marine Sanctuary (FKNMS). The primary 
goal of this Act is to protect the health of the fragile ecosystem of 
the Florida Keys. Among other things, the FKNMSPA, 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 Florida Keys National Marine 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 
out further than other portions of the ATBA. The revision to the 
boundary 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 revised boundary 
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 boundary revision 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 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 published a proposed rule to 
revise the boundary in the Federal Register on November 22, 2000 (65 FR 
70324, Nov. 22, 2000). Two public hearings were subsequently held on 
December 12 and 13, 2000. While no formal requests to present oral 
testimony at either meeting were received, a total of six people spoke 
at the meetings regarding the revised boundary. At the first meeting 
two individuals spoke in favor of the revision. At the second meeting 
one person spoke in favor of the revision and three individuals 
requested further information as to how the revision could affect their 
tugboat operations in the Florida Keys. Once it was explained that the 
ATBA only affects boats larger than 50 meters in registered length, the 
individuals spoke in favor of the change as well. One written comment 
was received supporting the boundary revision.

Miscellaneous Requirements

Executive Order 12866

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

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration when the rule was proposed that it will not have a 
significant economic impact on a substantial number of small entities. 
The basis for that certification has not changed. Accordingly, a 
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 final environmental assessment has been prepared. Copies 
are available (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.

Margaret A. Davidson,
Acting Assistant Administrator for Ocean Services and Coastal Zone 
Management.

    Accordingly, for the reasons set forth in the preamble, 15 CFR part 
922 is 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.

Subpart P--Florida Keys National Marine Sanctuary

    2. Appendix VII to subpart P 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 Vicinity 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
------------------------------------------------------------------------
1...........................................  25 deg.45.00  80 deg.06.10
                                                        'N            'W
2...........................................  25 deg.38.70  80 deg.02.70
                                                        'N            'W
3...........................................  25 deg.22.00  80 deg.03.00
                                                        'N            'W
4...........................................  25 deg.06.38  80 deg.10.48
                                                        'N            'W
5...........................................  24 deg.56.37  80 deg.19.26
                                                        'N            'W
6...........................................  24 deg.37.90  80 deg.47.30
                                                        'N            'W

[[Page 34535]]

 
7...........................................  24 deg.29.20  81 deg.17.30
                                                        'N            'W
8...........................................  24 deg.22.30  81 deg.43.17
                                                        'N            'W
9...........................................  24 deg.28.00  81 deg.43.17
                                                        'N            'W
10..........................................  24 deg.28.70  81 deg.43.50
                                                        'N            'W
11..........................................  24 deg.29.80  81 deg.43.17
                                                        'N            'W
12..........................................  24 deg.33.10  81 deg.35.15
                                                        'N            'W
13..........................................  24 deg.33.60  81 deg.26.00
                                                        'N            'W
14..........................................  24 deg.38.20  81 deg.07.00
                                                        'N            'W
15..........................................  24 deg.43.20  80 deg.53.20
                                                        'N            'W
16..........................................  24 deg.46.10  80 deg.46.15
                                                        'N            'W
17..........................................  24 deg.51.10  80 deg.37.10
                                                        'N            'W
18..........................................  24 deg.57.50  80 deg.27.50
                                                        'N            'W
19..........................................  25 deg.09.90  80 deg.16.20
                                                        'N            'W
20..........................................  25 deg.24.00  80 deg.09.10
                                                        'N            'W
21..........................................  25 deg.31.50  80 deg.07.00
                                                        'N            'W
22..........................................  25 deg.39.70  80 deg.06.85
                                                        'N            'W
23..........................................  25 deg.45.00  80 deg.06.10
                                                        'N            'W
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[FR Doc. 01-16172 Filed 6-28-01; 8:45 am]
BILLING CODE 3510-08-P


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