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Based on NMFS’ receipt of an application from Sunrise Wind 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 farm to be located approximately 18.5 statute miles (mi) (16.1 nautical miles [nm], 29.8 kilometers [km]) south of Martha’s Vineyard, Massachusetts, and approximately 30 mi (26.1 nm, 48.2 km) east of Montauk, New York. Construction activities include: impact driving of monopiles for wind turbine generator (WTG) and offshore sub-station (OSS) foundations; potential detonations of unexploded ordnances (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; 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 (i.e., mitigation) on the affected species or stocks and their habitats, and, if applicable, on their availability for taking for subsistence uses; and requirements pertaining to the monitoring and reporting of such taking. LOAs issued under the regulations would authorize the taking 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; Sunrise Wind is a covered project. The relevant milestones for this rulemaking action are publication of the proposed rule, (January 10, 2023) and publication of the final rule (December 15, 2023).