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Based on NMFS’s receipt of an application from the Virginia Electric and Power Company, also known as Dominion Energy Virginia (Dominion), for incidental take regulations and a Letter of Authorization (LOA) under the Marine Mammal Protection Act, this action governs the unintentional taking of marine mammals incidental to construction activities for a commercial-scale offshore wind energy facility, located off the coast of Virginia. Construction activities include: vibratory and impact installation of monopiles foundations for wind turbine generators (WTG), vibratory and impact installation of jacket foundations for offshore sub-station (OSS); impact installation of Goal Posts during Trenchless Installation; vibratory driving and removal of temporary cofferdams using sheet piles at the sea-to-shore transitions; site characterization surveys using a range of frequencies; placement of scour protection; and export cable trenching, laying, and burial, and vessel use. The 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 ( 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. 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; CVOW-C is a covered project.