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Based on NMFS’ receipt of an application from US Wind, Inc. for incidental take regulations and a Letter of Authorization (LOA) under the Marine Mammal Protection Act, this action added regulations to govern the unintentional taking of marine mammals incidental to construction activities for a commercial-scale offshore wind energy facility, located off the coast of Delaware and Maryland. Construction activities include impact installation of wind turbine generators (WTG), offshore sub-stations (OSS) foundations, and a meteorological tower; site characterization surveys; interarray and export cable trenching, laying, and burial; and vessel use. The regulations 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. A LOA issued under the regulations authorizes 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; the Maryland Offshore Wind Project is a covered project.