82834 Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices 

4 Modeled take of one decreased to zero. For rough-toothed dolphin, use of the exposure modeling produces results that are smaller than the 

average GOM group size (i.e., estimated exposure value of 1, relative to assumed average group size of 14) (Maze-Foley and Mullin, 2006). 

NMFS’ typical practice is to increase exposure estimates to the assumed average group size for a species in order to ensure that, if the species 

is encountered, exposures will not exceed the authorized take number. However, given the very short survey duration and small estimated exposure value NMFS has determined that it is unlikely the species would be encountered at all. As a result, in this case NMFS has not authorized 

take for this species. 5 Modeled take of 13 increased to account for potential encounter with a group of average size (Maze-Foley and Mullin, 2006). 

Based on the analysis contained 

herein of Echo’s proposed survey 

activity described in its LOA 

application and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals will 

be taken relative to the affected species 

or stock sizes (i.e., less than one-third of 

the best available abundance estimate) 

and therefore the taking is of no more 

than small numbers. 

Authorization 

NMFS has determined that the level 

of taking for this LOA request is 

consistent with the findings made for 

the total taking allowable under the 

incidental take regulations and that the 

amount of take authorized under the 

LOA is of no more than small numbers. 

Accordingly, we have issued an LOA to 

Echo authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: November 21, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–26079 Filed 11–24–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD540] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Revolution 

Wind Offshore Wind Farm Project 

Offshore Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) as amended, and implementing 

regulations, notification is hereby given 

that a Letter of Authorization (LOA) has 

been issued to Revolution Wind, LLC 

(Revolution Wind), a subsidiary wholly 

owned by Orsted Wind Power North 

America, LLC (Orsted), for the taking of 

marine mammals incidental to the 

construction of the Revolution Wind 

Offshore Wind Farm Project. 

DATES: The LOA is effective from 

November 20, 2023 through November 

19, 2028. 

ADDRESSES: The LOA and supporting 

documentation are available online at: 

https://www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed below (see 

FOR FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Carter Esch, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made, regulations are promulgated 

(when applicable), and public notice 

and an opportunity for public comment 

are provided. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s) and 

will not have an unmitigable adverse 

impact on the availability of the species 

or stock(s) for taking for subsistence 

uses (where relevant). If such findings 

are made, NMFS must prescribe the 

permissible methods of taking; ‘‘other 

means of effecting the least practicable 

adverse impact’’ on the affected species 

or stocks and their habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and on the availability of 

the species or stocks for taking for 

certain subsistence uses (referred to as 

‘‘mitigation’’); and requirements 

pertaining to the monitoring and 

reporting of such takings. The MMPA 

defines ‘‘take’’ to mean harass, hunt, 

capture, or kill, or attempt to harass, 

hunt, capture, or kill any marine 

mammal (16 U.S.C. 1362(13); 50 CFR 

216.103). Level A harassment is defined 

as any act of pursuit, torment, or 

annoyance which has the potential to 

injure a marine mammal or marine 

mammal stock in the wild (16 U.S.C. 

1362(18); 50 CFR 216.3). Level B 

harassment is defined as any act of 

pursuit, torment, or annoyance which 

has the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (16 U.S.C. 

1362(18); 50 CFR 216.3). Section 

101(a)(5)(A) of the MMPA and the 

implementing regulations at 50 CFR part 

216, subpart I authorize NMFS to 

propose and, if appropriate, promulgate 

regulations and issue an associated 

LOA(s). NMFS promulgated regulations 

on October 20, 2023 (88 FR 72562) for 

the taking of marine mammals 

incidental to the construction of the 

Revolution Wind Offshore Wind Farm 

Project offshore of Rhode Island. The 

LOA authorizes Revolution Wind and 

those persons it authorizes or funds to 

conduct activities on its behalf to take 

marine mammals incidental to specified 

activities during the construction of the 

Project and requires them to implement 

mitigation, monitoring, and reporting 

requirements. 

Summary of Request 

On October 20, 2023, NMFS 

promulgated a final rule (88 FR 72562) 

responding to a request from Revolution 

Wind for authorization to take marine 

mammals (16 species comprising 16 

stocks) by Level B harassment (all 16 

stocks) and by Level A harassment (10 

stocks) incidental to construction 

activities occurring in Federal and State 

waters off of Rhode Island, specifically 

within and around the Bureau of Ocean 

Energy Management (BOEM) 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS) Lease 

Area OCS–A 0486 (Lease Area) and 

along 2 export cable routes to sea-toshore transition points (collectively 

referred to as the ‘‘Project Area’’), over 

the course of 5 years (November 20, 

2023 through November 19, 2028). The 

activities covered under the final rule 

include: the installation of 79 wind 

turbine generators (WTGs) and 2 

offshore substations (OSSs) on monopile 

foundations by impact pile driving; the 


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Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices 82835 

installation and subsequent removal of 

nearshore temporary cofferdams and 

goal posts by vibratory pile driving or 

two casing pipes using pneumatic 

hammering at the cable landfall sites at 

Quonset Point in North Kingstown, 

Rhode Island; high-resolution 

geophysical (HRG) marine site 

characterization surveys using active 

acoustic sources; the detonation of up to 

13 unexploded ordnance or munitions 

and explosives of concern (UXO/MECs) 

of different charge weights; fishery and 

ecological monitoring surveys; the 

placement of scour protection; the 

installation of the export cable route 

from OSSs to shore-based converter 

stations and inter-array cables between 

turbines by trenching, laying, and burial 

activities; vessel transits within the 

specified geographical region to 

transport crew, supplies, and materials 

to support construction and operation. 

Marine mammals exposed to elevated 

noise levels during impact driving or 

UXO/MEC detonations may be taken by 

Level A harassment, and marine 

mammals exposed to elevated noise 

levels during impact and vibratory pile 

driving, site characterization surveys, or 

UXO/MEC detonations may be taken by 

Level B harassment. No Level A 

harassment of North Atlantic right 

whales, blue whales, sperm whales, 

Atlantic spotted dolphins, long-finned 

pilot whales, or Risso’s dolphins is 

anticipated or authorized. No mortality 

or serious injury of any marine mammal 

is anticipated or authorized. 

Authorization 

In accordance with the final rule (88 

FR 72562, October 20, 2023, see 50 CFR 

217.276), we have issued a LOA to 

Revolution Wind authorizing the take, 

by harassment, of marine mammals 

incidental to specified construction 

activities within the specified 

geographical region. No mortality or 

serious injury of any marine mammal 

species is anticipated or authorized. The 

incidental takes authorized herein are 

the same as those analyzed and 

authorized in the final rule (88 FR 

72562, October 20, 2023). Takes of 

marine mammals will be minimized 

through the following planned 

mitigation and monitoring measures, as 

applicable for each specified activity: (1) 

implementation of seasonal/time of day 

work restrictions; (2) use of multiple 

NMFS-approved Protected Species 

Observers (PSOs) to visually observe for 

marine mammals (with any detection 

within specifically designated zones 

triggering a delay or shutdown, as 

applicable); (3) use of NMFS-approved 

passive acoustic monitoring (PAM) 

operators to acoustically detect marine 

mammals, with a focus on detecting 

baleen whales (with any detection 

within designated zones triggering a 

delay or shutdown, as applicable); (4) 

implementation of clearance and 

shutdown zones; (5) use of soft-start 

prior to the start of impact pile driving; 

(6) use of noise attenuation technology 

during impact pile driving and UXO/ 

MEC detonations; (7) use of situational 

awareness monitoring for marine 

mammal presence; (8) use of sound field 

verification monitoring; (9) use of softstart impact pile driving and ramp-up 

acoustic sources during HRG surveys; 

(10) implementation of vessel separation 

zones between marine mammals and 

project vessels; (11) use of PAM within 

the vessel transit corridor for Project 

vessels to travel over 10 knots (11.5 

miles per hour); and (12) 

implementation of Vessel Strike 

Avoidance measures to reduce the risk 

of a vessel collision with a marine 

mammals. Additionally, NMFS may 

modify the LOA’s mitigation, 

monitoring, or reporting measures, 

based on new information, when 

appropriate (see 50 CFR 217.277(c)). 

Revolution Wind is also required to 

submit reports, as specified in the final 

rule. 

Based on the findings and information 

discussed in the preamble of the final 

rule, the take authorized in the LOA 

will have a negligible impact on marine 

mammal stocks, will not have an 

unmitigable adverse impact on the 

availability of the affected marine 

mammal stock for subsistence uses, and 

the mitigation measures provide a 

means of affecting the least practicable 

adverse impact on the affected stocks 

and their habitat. 

Dated: November 21, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–26077 Filed 11–24–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Ocean Research Advisory Panel 

(ORAP) 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Notice of public meetings. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda of a 

meeting of the Ocean Research Advisory 

Panel (ORAP). The members will 

discuss issues outlined in the section on 

matters to be considered. 

DATES: The meeting is scheduled for 

December 13, 2023 from 9 a.m. to 4:30 

p.m. Eastern Standard Time (EST) and 

December 14, 2023 from 9 a.m. to 12:30 

p.m. EST. These times and the agenda 

topics described below are subject to 

change. For the latest agenda please 

refer to the ORAP website: https://

www.noaa.gov/ocean-research-advisorypanel/orap-public-meetings. 

ADDRESSES: The December 13–14, 2023 

meeting will be at the AGU Conference 

Center, 2000 Florida Ave NW, 

Washington, DC 20009. The link for the 

webinar registration will be posted, 

when available, on the ORAP website: 

https://www.noaa.gov/ocean-researchadvisory-panel/orap-public-meetings. 

FOR FURTHER INFORMATION CONTACT: 

Viviane Silva, ORAP Designated Federal 

Officer (DFO), SSMC3, Room 11320, 

1315 East-West Hwy., Silver Spring, MD 

20910; Phone Number: 240–624–0656; 

Email: DFO.orap@noaa.gov; or visit the 

ORAP website at https://www.noaa.gov/ 

ocean-research-advisory-panel/orappublic-meetings. 

SUPPLEMENTARY INFORMATION: The Ocean 

Research Advisory Panel (ORAP) 

advises the Ocean Policy Committee 

(OPC) and provides independent 

recommendations to the Federal 

Government on matters of ocean policy. 

Congress directed the establishment 

of the ORAP in section 1055(c) of the 

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal 

Year 2021 (Pub. L. 116–283), 10 U.S.C. 

8933. 

ORAP’s responsibilities are (1) to 

advise the OPC on policies and 

procedures to implement the National 

Oceanographic Partnership Program; (2) 

to advise the OPC on matters relating to 

national oceanographic science, 

engineering, facilities, or resource 

requirements; (3) to advise the OPC on 

improving diversity, equity, and 

inclusion in the ocean sciences and 

related fields; (4) to advise the OPC on 

national ocean research priorities; and 

(5) any additional responsibilities that 

the OPC considers appropriate. 

Status: The December 13, 2023 

meeting will be open to public 

participation with a 15-minute public 

comment period at 3:15 p.m. EST. The 

ORAP expects that public statements 

presented at its meetings will not be 

repetitive of previously submitted 

verbal or written statements. In general, 

each individual or group making a 

verbal presentation will be limited to a 

total time of three minutes. Written 

comments for the December 13–14, 2023 

meeting should be received by 


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