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DOC/NOAA RIN: 0648-BL97 Publication ID: Fall 2023 
Title: Taking Marine Mammals Incidental to the Construction of the Empire Wind Project Offshore of New York 

Based on NMFS’s receipt of an application from Equinor for incidental take regulations and a Letter of Authorization (LOA) under the Marine Mammal Protection Act, this action governs 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 York. Construction activities include: impact installation of monopiles for wind turbine generators (WTG) foundations and offshore sub-station (OSS) foundations; vibratory driving and removal of temporary cofferdams to support horizontal directional drilling; site characterization surveys using a range of frequencies; 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.

Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 217   
Legal Authority: 16 U.S.C. 1361 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  04/13/2023  88 FR 22696   
NPRM Comment Period End  05/15/2023 
Final Action  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  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