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DOC/NOAA RIN: 0648-BN33 Publication ID: Spring 2025 
Title: ●Vineyard Northeast Offshore Wind Project  
Abstract:

Based on NMFS’s receipt of an application from Vineyard Northeast, LLC for incidental take regulations and a Letter of Authorization (LOA) under the Marine Mammal Protection Act, this action proposes regulations to govern the unintentional taking of marine mammals incidental to construction activities for a commercial-scale offshore wind energy facility, located off the coast of Massachusetts and Connecticut. Construction activities include impact and vibratory installation of wind turbine generators (WTG); impact installation of electrical service platform (ESP) and booster station foundations; vibratory installation and removal of cofferdams at cable landfall sites; site characterization surveys; potential unexploded ordinance (UXO) detonations; inter-array and export cable trenching, laying, and burial; seabed preparation and scour protection placement; and vessel use. The proposed regulations would set forth the permissible methods of taking, means of effecting the least practicable adverse impact on the affected species or stocks and their habitats (i.e., mitigation), and if applicable, on their availability for taking for subsistence uses; and requirements pertaining to the monitoring and reporting of such taking. A LOA issued under the regulations would authorize the take of marine mammals incidental to the specified activities for a five-year period. Title 41 of the Fixing America's Surface Transportation Act (FAST-41) requires agencies issuing permits or authorizations for covered projects to develop action milestones; the Vineyard Northeast Offshore Wind Project is a covered project. The relevant milestones for this rulemaking action are publication of the proposed rule ( November, 2025) and publication of the final rule (May 22, 2026). Promulgation of regulations and issuance of a LOA are subject to completion of a comprehensive assessment of offshore wind projects per the January 20, 2025 Presidential Memorandum Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Not subject to, not significant 
CFR Citation: 50 CFR 217   
Legal Authority: 16 U.S.C. 1361   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Kim Damon-Randall
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400
Email: kimberly.damon-randall@noaa.gov