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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).