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DOC/NOAA RIN: 0648-BL36 Publication ID: Spring 2022 
Title: ●Taking Marine Mammals Incidental to the Construction of the Ocean Wind 1 Wind Energy Facility Offshore of New Jersey 

Based on NMFS’s receipt of an application from Ocean Wind 1 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 an offshore wind energy facility, located off the coast of New Jersey. Construction activities include: impact installation of monopiles for wind turbine generators (WTG) foundations and offshore sub-station (OSS) foundations; potential detonations of unexploded ordinances UXOs; vibratory driving and removal of temporary cofferdams at the sea-to-shore transitions; site characterization surveys using a range of frequencies; associated biological resource surveys; placement of scour protection; and export cable trenching, laying, and burial, and vessel use. The proposed regulations will set forth the permissible methods of taking, means of effecting the least practicable adverse impact on the affected species or stocks and their habitats, and if applicable, on their availability for taking for subsistence uses (i.e., mitigation); and requirements pertaining to the monitoring and reporting of such taking. LOAs 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; Ocean Wind 1 is a covered project. The relevant milestones for this rulemaking action are publication of the proposed rule, (October 12, 2022) and publication of the final rule (June 27, 2023).

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 
CFR Citation: 50 CFR 217   
Legal Authority: 16 U.S.C. 1361 et seq.   
Legal Deadline:
Action Source Description Date
NPRM  Statutory  Title 41 of the Fixing America's Surface Transportation Act (FAST-41)  10/12/2022 
Final  Statutory  Title 41 of the Fixing America's Surface Transportation Act (FAST-41)  06/27/2023 
Action Date FR Cite
NPRM  10/00/2022 
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