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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102115-102116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29574]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE417]

Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Construction of the Vineyard Northeast Offshore Wind 
Project Offshore of Massachusetts and Connecticut

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from Vineyard Northeast, LLC 
(Vineyard Northeast), for authorization to take small numbers of marine 
mammals incidental to the development of the Vineyard Northeast 
Offshore Wind Project (Project) in the Bureau of Ocean Energy 
Management (BOEM) Commercial Lease on the Outer Continental Shelf OCS-
A-0522 off of Massachusetts (MA) and Connecticut (CT) over the course 
of 5 years beginning on January 1, 2028. Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of Vineyard Northeast's request for regulations 
governing the incidental taking of marine mammals and associated Letter 
of Authorization (LOA). NMFS invites the public to provide information, 
suggestions, and comments on Vineyard Northeast's application and 
request.

DATES: Comments and information must be received no later than January 
16, 2025.

ADDRESSES: Comments on the applications should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. Physical comments should 
be sent to 1315 East-West Highway, Silver Spring, Maryland 20910 and 
electronic comments should be sent to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable without change. 
All personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.
    An electronic copy of Vineyard Northeast's application may be 
obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. In case of problems accessing these documents, 
please call the contact listed below.

FOR FURTHER INFORMATION CONTACT: Jessica Taylor, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    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 and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An incidental take authorization shall be granted if NMFS finds 
that the taking

[[Page 102116]]

will have a negligible impact on the species or stock(s), will not have 
an unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant), and if the permissible 
methods of taking and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance, which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) 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 (Level B harassment).

Summary of Request

    On May 24, 2024, NMFS received an application from Vineyard 
Northeast requesting authorization to take marine mammals incidental to 
the development of the Project in the BOEM Lease Area OCS-A-0522 off of 
MA and CT. In response to our comments, and following an extensive 
information exchange with NMFS, Vineyard Northeast submitted a final 
revised application on November 18, 2024, which we deemed adequate and 
complete on November 18, 2024. Vineyard Northeast requests the 
regulations and subsequent Letter of Authorization (LOA) be valid for 5 
years, beginning on January 1, 2028.
    Vineyard Northeast has proposed to construct the Project (comprised 
of two sub-projects: Project 1 and Project 2) using impact and 
vibratory pile driving of wind turbine generators (WTG) foundations, 
impact pile driving of electrical service platform (ESP) foundations 
and a booster station, vibratory installation and removal of cofferdams 
at cable landfall sites, detonation of unexploded ordinances (UXOs), 
site characterization surveys, seabed preparation and scour protection 
application, and inter-array and export cable trenching, laying, and 
burial. Vessels would be used to transport crew, supplies, and 
materials to the project area to support construction. Vineyard 
Northeast has determined that a subset of these activities (i.e., 
installing piles using impact and vibratory pile driving, vibratory 
installation and removal of cofferdams, site characterization surveys, 
and potential UXO detonation) may result in the take, by Level A 
harassment and/or Level B harassment, of marine mammals. Therefore, 
Vineyard Northeast requests authorization to incidentally take marine 
mammals. Take by mortality or serious injury of any marine mammal or 
take by Level A harassment of North Atlantic right whales is not 
requested.

Specified Activities

    Vineyard Northeast proposes to develop, construct, and operate an 
offshore wind energy facility in the BOEM Lease Area OCS-A-0522 along 
with associated offshore and onshore transmission systems. The purpose 
of this facility would be to generate renewable electricity to meet the 
demand expressed by northeastern states and other users in order to 
achieve renewable energy and carbon emission reduction goals. The Lease 
Area is located within the southeastern portion of the MA Wind Energy 
Area and is approximately 46 kilometers (29 miles) from Nantucket. 
Offshore export cable corridors (OECC) would connect the Lease Area to 
landfall sites in MA and CT. Vineyard Northeast has divided the Lease 
Area into Project 1 (northeastern portion) and Project 2 (southwestern 
portion), as well as proposed two potential construction schedules 
consisting of a 2-year (Schedule A: 2030-2031) or 4-year (Schedule B: 
2029-2032) timeline. The Project would consist of up to 160 wind 
turbine generator and electrical service platform positions within the 
Lease Area, and up to 4 offshore export cable bundles with 2 cable 
bundles making landfall in MA and 2 cable bundles making landfall in 
CT. If high voltage alternating current (HVAC) cables are used, 
Vineyard Northeast may install a booster station along the MA OECC in 
the northwestern portion of Lease Area OCS-A-0534 to increase 
efficiency of electrical transmission.
    Vineyard Northeast anticipates the following activities may 
potentially result in the harassment of marine mammals during the 
effective period of the requested regulations and associated LOA:
     Installing up to 159 WTG monopile and/or piled jacket 
foundations with a maximum diameter of 14 meters (m) using a 6,600 or 
8,000 kilojoules (kJ) impact hammer, vibratory hammer, and potential 
drilling;
     Installing up to three ESP foundations and one booster 
station foundation using piled jacket foundations comprised of 4.25 m 
pin piles driven with a 3,500 kJ impact hammer;
     Installing and removing up to 5 cofferdams comprised of 
sheet piles using a vibratory hammer;
     Using HRG equipment to survey the Lease Area over 64 days; 
and
     Potential detonation of up to 10 UXOs.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning Vineyard Northeast's request (see ADDRESSES). NMFS 
will consider all information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals by Vineyard Northeast, if 
appropriate.

    Dated: December 11, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-29574 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-22-P
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