United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2023_register executive 2023-04-13 article Part III Proposed Rules D09002ee1c79d32f8 D09002ee1c79d3438 United States Department of Commerce originator org United States Government Agency or Subagency United States National Oceanic and Atmospheric Administration originator org United States Government Agency or Subagency NMFS has received a request from Empire Offshore Wind, LLC (Empire Wind), a 50/50 joint venture between Equinor and BP p.l.c., for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA). The requested regulations would govern the authorization of take, by Level A harassment and/or Level B harassment, of small numbers of marine mammals over the course of 5 years (2024- 2029) incidental to construction of the Empire Wind Project offshore New York in a designated lease area on the Outer Continental Shelf (OCS-A-512). Project activities likely to result in incidental take include impact pile driving, vibratory pile driving and removal, and site assessment surveys using high-resolution geophysical (HRG) equipment. As required by the Marine Mammal Protection Act (MMPA), NMFS requests comments on its proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested incidental take authorization (ITA) and issuance of the LOA; agency responses to public comments will be summarized in the final notice of our decision. The proposed regulations, if issued, would be effective January 22, 2024, through January 21, 2029. 88 FR 22696 https://www.govinfo.gov/app/details/FR-2023-04-13/2023-07417 2023-07417 fr13ap23-21 RIN 0648-BL97 3510-22-P Docket No. 230404-0092 https://www.govinfo.gov/app/details/FR-2023-04-13/2023-07417 https://www.govinfo.gov/content/pkg/FR-2023-04-13/html/2023-07417.htm https://www.govinfo.gov/content/pkg/FR-2023-04-13/pdf/2023-07417.pdf Administrative Practice and Procedure Endangered and Threatened Species Fish Fisheries Marine Mammals Penalties Reporting and Recordkeeping Requirements Wildlife 92 p. 22696 22787 88 FR 22696 Title 50 Part 217 50 CFR Part 217 RIN 0648-BL97 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Empire Wind Project, Offshore New York; Federal Register Vol. 88, Issue PRORULE 2023-07417 III DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 2023-05-15 Docket No. 230404-0092 3510-22-P 2023-07417 Proposed rule; proposed letter of authorization; request for comments.

NMFS has received a request from Empire Offshore Wind, LLC (Empire Wind), a 50/50 joint venture between Equinor and BP p.l.c., for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA). The requested regulations would govern the authorization of take, by Level A harassment and/or Level B harassment, of small numbers of marine mammals over the course of 5 years (2024- 2029) incidental to construction of the Empire Wind Project offshore New York in a designated lease area on the Outer Continental Shelf (OCS-A-512). Project activities likely to result in incidental take include impact pile driving, vibratory pile driving and removal, and site assessment surveys using high-resolution geophysical (HRG) equipment. As required by the Marine Mammal Protection Act (MMPA), NMFS requests comments on its proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested incidental take authorization (ITA) and issuance of the LOA; agency responses to public comments will be summarized in the final notice of our decision. The proposed regulations, if issued, would be effective January 22, 2024, through January 21, 2029.

Comments and information must be received no later than May 15, 2023. Robert Pauline, Office of Protected Resources, NMFS, (301) 427-8401. Administrative Practice and Procedure Endangered and Threatened Species Fish Fisheries Marine Mammals Penalties Reporting and Recordkeeping Requirements Wildlife Takes of Marine Mammals Incidental to Specified Activities: Empire Wind Project, Offshore New York, andpr.itp.monitoringreports@noaa.gov nmfs.pacmdata@noaa.gov pr.itp.monitoringreports@noaa.gov robert.pauline@noaa.gov http://www.whalealert/org/ https://dosits.org/ https://seamap.env.duke.edu/models/Duke/EC/ https://www.boem.gov/renewable-energy/state-activities/empire-wind https://www.fisheries.noaa.gov/action/incidental-take-authorization-empire-offshore-wind-llc-construction-empire-wind-project-ew1?check_logged_in=1 https://www.fisheries.noaa.gov/find-species https://www.fisheries.noaa.gov/national/marine-life-distress/2016-2023-humpback-whale-unusual-mortality-event-along-atlantic-coast https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-minke-whale-unusual-mortality-event-along-atlantic-coast https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2023-north-atlantic-right-whale-unusual-mortality-event https://www.fisheries.noaa.gov/national/marine-life-distress/active-and-closed-unusual-mortality-events https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments https://www.fisheries.noaa.gov/resource/document/passive-acoustic-reporting-system-templates https://www.fisheries.noaa.gov/species-directory/marine-mammals https://www.fisheries.noaa.gov/species/north-atlantic-right-whale https://www.permits.performance.gov/ https://www.permits.performance.gov/permitting-project/empire-wind-energy-project www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments www.fisheries.noaa.gov/new-england-mid-atlantic/marine-life-distress/2018-2020-pinniped-unusual-mortality-event-along www.regulations.gov Vol. 88, no. 71 Office of the Federal Register, National Archives and Records Administration 2023-04-13 continuing daily deposited born digital 546 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2023-04-13 P0b002ee1bd431865 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr13ap23 https://www.govinfo.gov/app/details/FR-2023-04-13 https://www.govinfo.gov/content/pkg/FR-2023-04-13/pdf/FR-2023-04-13.pdf https://www.govinfo.gov/content/pkg/FR-2023-04-13/xml/FR-2023-04-13.xml fdlp 22351 22891 DGPO 2023-04-13 2024-05-29 FR-2023-04-13 machine generated eng FR FR-2023-04-13 88 71