Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Empire Wind Project Offshore of New York, 55409-55411 [2022-19514]
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
Decision (ROD) will be completed no
sooner than 30 days after the final EIS
is released, in accordance with 40 CFR
1506.11.
Scoping Process: This Notice of Intent
(NOI) commences the public scoping
process for identifying additional issues
and potential alternatives to modify the
Plan to reduce mortalities and serious
injuries of large whales in U.S.
commercial fisheries to below PBR.
Throughout the scoping process,
Federal agencies, state, tribal, local
governments, and the general public
have the opportunity to help NMFS
determine reasonable alternatives and
potential measures to be analyzed in the
EIS, as well as to provide additional
information.
Everyone potentially impacted by or
interested in changes to the Plan, and
particularly in changes to management
of commercial trap/pot and gillnet
fisheries along the East Coast, is invited
to participate in the public scoping
process by submitting written input via
email or by giving oral input at the
scoping meeting. This scoping process
aims to gather input on the gillnet and
trap/pot fisheries regarding the scope of
actions to be proposed for rulemaking,
the development of alternatives to
analyze in the EIS, and the potential
impacts of management actions.
Information received through this
scoping process will inform the
development of alternative risk
reduction measures for an
environmental impact analysis on
modifications to the Plan. Only inputs
and suggestions that are within the
scope of the proposed actions will be
considered when developing the
alternatives for analysis in the EIS. This
includes items related to reducing risk
of mortality and serious injury of large
whales due to entanglements in
commercial U.S. fishing gear and
improving gear marking to reduce
uncertainty about where entanglements
occur. The purpose is to develop
measures to fulfill the requirements of
Section 118 of the MMPA, which
regulates the taking of marine mammals
incidental to U.S. commercial fishing
operations. NMFS implements
additional endangered species
conservation and recovery programs
under the ESA and also affords marine
mammals protections under multiple
programs pursuant to the MMPA.
Therefore, for the purposes of the
scoping period for the proposed action
discussed in this notice, we are not
requesting input related to other
stressors, such as vessel strikes,
anthropogenic noise, natural mortality,
international entanglement risk,
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18:57 Sep 08, 2022
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offshore wind development, or climate
change.
To promote informed decisionmaking, input should be as specific as
possible and should provide as much
detail as necessary to allow a
commenter’s meaningful participation
and fully inform NMFS of the
commenter’s position. Input should
explain why the issues raised are
important to the consideration of
potential environmental impacts and
alternatives to the proposed action, as
well as economic and other impacts
affecting the quality of the human
environment.
It is important that reviewers provide
their input at such times and in such a
manner that they are useful to the
agency’s preparation of the EIS.
Comments should be provided prior to
the close of the scoping period and
should clearly articulate the reviewer’s
concerns and contentions. Input
received in response to this solicitation,
including names and addresses of those
who comment, will be part of the public
record for this proposed action
discussed in this notice. Input
submitted anonymously will be
accepted and considered.
References
Linden, D.W. and Pace III, R.M. 2021. A
multi-state mark-recapture-recovery
model to estimate rates of severe injury
and cause-specific mortality in North
Atlantic right whales. North Atlantic
Right Whale Consortium Annual
Meeting. October 26–27, 2021.
Hayes, S.A., Josephson, E., Maze-Foley, K.,
Rosel, P.E., & Turek, J. (2021). U.S.
Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments 2020 (p.
403). Northeast Fisheries Science Center.
NMFS. 2021. U.S. Atlantic and Gulf of
Mexico Marine Mammal Stock
Assessments 2021 https://
media.fisheries.noaa.gov/2022-08/
NOAA-TM-AFSC-441.pdf
Pace III, R.M. May 2021. Revisions and
Further Evaluations of the Right Whale
Abundance Model: Improvements for
Hypothesis Testing. NOAA NEFSC Tech
Memo 269.
Pace, R.M., R. Williams, S.D. Kraus, A.R.
Knowlton, H.M. Pettis. 2021. Cryptic
mortality in North Atlantic right whales.
Conserv. Sci. Pract. 3:e346
Pace, R.M., III, P.J. Corkeron and S.D. Kraus.
2017. State-space mark-recapture
estimates reveal a recent decline in
abundance of North Atlantic right
whales. Ecol. and Evol. 7:8730–8741.
Pettis, H.M., Pace, R.M. III, Hamilton, P.K.
2022. North Atlantic Right Whale
Consortium 2021 Annual Report Card.
Report to the North Atlantic Right Whale
Consortium.
Authority: 42 U.S.C. 4321 et seq.; 31
U.S.C 1361 et seq.
PO 00000
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55409
Dated: September 1, 2022.
Catherine G. Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022–19335 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC342]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Empire Wind Project
Offshore of New York
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
regulations and Letter of Authorization;
request for comments and information.
AGENCY:
NMFS has received a petition
from Empire Offshore Wind LLC
(Empire), a 50–50 partnership between
Equinor and BP, requesting
authorization to take small numbers of
marine mammals incidental to activities
associated with the Empire Wind
Project in a designated lease area on the
Outer Continental Shelf (OSC–A 0512)
offshore of New York state over the
course of 5 years beginning in 2024.
Equinor will be the operator through the
development, construction, and
operations phase of the project.
Pursuant to regulations implementing
the Marine Mammal Protection Act
(MMPA), NMFS is announcing receipt
of Empire’s request for the development
and implementation of regulations
governing the incidental taking of
marine mammals and issuance of a
Letter of Authorization (LOA). NMFS
invites the public to provide
information, suggestions, and comments
on Empire’s application and request.
DATES: Comments and information must
be received no later than October 11,
2022.
SUMMARY:
Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service and should be sent to
ITP.Pauline@noaa.gov.
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
ADDRESSES:
E:\FR\FM\09SEN1.SGM
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55410
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
attachments, must not exceed a 25megabyte 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-otherenergy-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.
FOR FURTHER INFORMATION CONTACT:
Robert Pauline, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of Empire’s application
may be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. In case of problems
accessing these documents, please email
the contact listed above.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with NOTICES
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. For requests
under section 101(A)(5)(A) of the
MMPA, NMFS is also required to begin
the public review process by publishing
a notice of receipt of a request for the
implementation of regulations
governing the incidental taking (50 CFR
216.104(b)(1)(ii)).
An incidental take authorization shall
be granted if NMFS finds that the taking
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
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18:57 Sep 08, 2022
Jkt 256001
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 December 7, 2021, NMFS received
an application from Empire requesting
authorization to take, by Level A
harassment and Level B harassment, 16
species of marine mammals incidental
to activities associated with the
development of the Empire Wind
Project offshore of New York in
Commercial Lease (OCS–A–0512). In
response to our comments, and
following extensive information
exchange with NMFS, Empire submitted
a final, revised application on July 28,
2022, that we determined was adequate
and complete on August 11, 2022.
Empire requests the regulations and
subsequent LOA be valid for 5 years
beginning in 2024.
Empire is proposing to develop the
Empire Wind Project in two adjacent
locations, Empire Wind 1 (EW 1) and
Empire Wind 2 (EW 2), that are
electrically isolated and independent
from each other and will each be
connected to their own points of
interconnection via individual
submarine export cable routes. There
will be a maximum of 147 wind turbine
generators (WTGs) supported by
monopile foundations and two offshore
substation (OSS) piled jacket
foundations supported with 12 pin piles
each within the Lease Area. EW 1 would
consist of up to 57 WTG, and one OSS
while EW 2 would consist of up to 90
WTGs and one OSS. EW 1 would
require up to 116 nautical miles (nm)
(214 kilometers (km)) of interarray cable
and 40 nm (74 km) of submarine export
cable with a cable landfall at South
Brooklyn Marine Terminal (SBMT). EW
2 would consist of up to 144 nm (267
km) of interarray cable and up to 26 nm
(48 km) of submarine export cable with
two out of four proposed cable landfalls
in Long Beach or Lido Beach, New York.
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Empire’s Lease Area OCS–A–0512 is
located approximately 12 nm (22 km)
south of Long Island, New York, and
16.9 nm (31.4 km) east of Long Branch,
New Jersey.
Empire considered the following
activities associated with development
of the wind farm in its application:
installation of WTGs and OSSs using
impact driving; vibratory pile driving to
install and remove temporary
cofferdams to support horizontal
directional drilling (HDD) at the export
cable landfalls of the submarine export
cables; goal post installation by impact
hammer to assist with the installation of
casing pipes for cable landfalls; and
high-resolution geophysical (HRG)
equipment during survey activities in
support of the Project. Empire has
determined that these activities may
result in the taking, by Level A
harassment and/or Level B harassment,
of marine mammals. Therefore, Empire
requests authorization to incidentally
take marine mammals.
Specified Activities
In Executive Order 14008, President
Biden stated that it is the policy of the
United States to organize and deploy the
full capacity of its agencies to combat
the climate crisis to implement a
Government-wide approach that
reduces climate pollution in every
sector of the economy; increases
resilience to the impacts of climate
change; protects public health;
conserves our lands, waters, and
biodiversity; delivers environmental
justice; and spurs well-paying union
jobs and economic growth, especially
through innovation, commercialization,
and deployment of clean energy
technologies and infrastructure.
Through a competitive leasing process
under 30 CFR 585.211, Empire Wind
was awarded Commercial Lease OCS–A
0512 offshore of New York and the
exclusive right to submit a construction
and operations plan (COP) for activities
within the lease area. Empire submitted
a COP to the Bureau of Ocean Energy
Management (BOEM) proposing the
construction, operation, maintenance,
and conceptual decommissioning of the
Empire Wind project within Lease Area
OCS–A 04512.
Empire has provided a complete
description of the specified activities
and their proposed mitigation,
monitoring and reporting measures in
their application. They have also
included a description of estimated take
methods and results. Empire anticipates
the following activities may potentially
result in harassment of marine
mammals:
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
• up to 147 WTG monopile
foundations which would not exceed
11-meters (m) in diameter would be
installed using impact hammers with
energy level not to exceed 5,225
kiloJoules (kJ). Impact driving would
not occur from January 1 through April
30 over the course of 2 years. In
addition, impact pile driving would not
occur from December 1 through
December 31, unless unanticipated
delays due to weather or technical
problems arise that necessitate
extending pile driving into December;
• two OSS jacket foundations with up
to 12 2.5 m (8.2 ft)-diameter pin piles
would be installed over 2 years using
impact hammers with energy levels not
to exceed 3,200 kJ. Impact driving of pin
piles would be subject to the same work
window restrictions as the WTG
monopile foundations;
• installation and removal of up to 5
temporary cofferdams or 6–10 goal posts
would occur over 2 years via vibratory
driving at the exit points of the longdistance horizontal directional drilling
(HDD) at each export cable landfall. Up
to 60 sheet piles would be required per
cofferdam and installation and removal
of each cofferdam would require 6 days;
• using HRG equipment to survey
approximately 103,475 (km) over 5
years (177.792 km/day × 582 vessel days
between 2024–2028).
Empire has indicated that these are
the most accurate estimates for the
durations of each planned activity, but
that the schedule may shift over the
course of the Project due to weather,
mechanical, or other related delays.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning Empire’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 Empire, if
appropriate.
jspears on DSK121TN23PROD with NOTICES
Dated: September 6, 2022.
Catherine Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022–19514 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
18:57 Sep 08, 2022
Jkt 256001
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed deletions from the
Procurement List.
AGENCY:
The Committee is proposing
to delete product(s) and service(s) from
the Procurement List that were
furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities.
DATES: Comments must be received on
or before: October 9, 2022.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 355 E Street SW, Washington,
DC 20024.
FOR FURTHER INFORMATION CONTACT: For
further information or to submit
comments contact: Michael R.
Jurkowski, Telephone: (703) 785–6404,
or email CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUMMARY:
Deletions
The following product(s) and
service(s) are proposed for deletion from
the Procurement List:
Product(s)
NSN(s)—Product Name(s): 5330–00–599–
4230—Gasket
NSN(s)—Product Name(s): 2590–00–299–
0739—Valve, Poppet, Hull Drain
Designated Source of Supply: Goodwill
Industries—Knoxville, Inc., Knoxville,
TN
Contracting Activity: DLA LAND AND
MARITIME, COLUMBUS, OH
Service(s)
Service Type: Custodial service
Mandatory for: FAA, Multiple Locations,
3491 S Roosevelt Blvd. Key West, FL
Designated Source of Supply: Mavagi
Enterprises, Inc., San Antonio, TX
Contracting Activity: FEDERAL AVIATION
ADMINISTRATION, 697DCK
REGIONAL ACQUISITIONS SVCS
Service Type: Grounds Maintenance
Mandatory for: US Army Corps of Engineers,
Bonneville Lock and Dam, Interstate 84,
Exit 40 Cascade Locks, OR
Designated Source of Supply: Relay
Resources, Portland, OR
Contracting Activity: DEPT OF THE ARMY,
W071 ENDIST PORTLAND
Service Type: Janitorial/Custodial
Mandatory for: Veterans Outreach Center:
2001 Lincoln Way, Oak Park Mall, Null,
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
55411
White Oak, PA
Contracting Activity: VETERANS AFFAIRS,
DEPARTMENT OF, NAC
Service Type: Catering Service
Mandatory for: Seattle Military Entrance
Processing Station (MEPS), 4735 E
Marginal Way South, Seattle, WA
Designated Source of Supply: Northwest
Center, Seattle, WA
Contracting Activity: DEPT OF THE ARMY,
W6QM MICC–FT KNOX
Michael R. Jurkowski,
Acting Director, Business Operations.
[FR Doc. 2022–19525 Filed 9–8–22; 8:45 am]
BILLING CODE 6353–01–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to the Procurement
List.
AGENCY:
This action adds service(s) to
the Procurement List that will be
furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities.
DATES: Date added to and deleted from
the Procurement List: October 9, 2022.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 355 E Street SW, Washington,
DC 20024.
FOR FURTHER INFORMATION CONTACT:
Michael R. Jurkowski, Telephone: (703)
785–6404, or email CMTEFedReg@
AbilityOne.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Additions
On 617/2022, the Committee for
Purchase From People Who Are Blind
or Severely Disabled published notice of
proposed additions to the Procurement
List. This notice is published pursuant
to 41 U.S.C. 8503 (a)(2) and 41 CFR 51–
2.3.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agencies to provide
the product(s) and service(s) and impact
of the additions on the current or most
recent contractors, the Committee has
determined that the product(s) and
service(s) listed below are suitable for
procurement by the Federal Government
under 41 U.S.C. 8501–8506 and 41 CFR
51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
E:\FR\FM\09SEN1.SGM
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Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55409-55411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19514]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC342]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Empire Wind Project Offshore of New York
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for regulations and Letter of
Authorization; request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a petition from Empire Offshore Wind LLC
(Empire), a 50-50 partnership between Equinor and BP, requesting
authorization to take small numbers of marine mammals incidental to
activities associated with the Empire Wind Project in a designated
lease area on the Outer Continental Shelf (OSC-A 0512) offshore of New
York state over the course of 5 years beginning in 2024. Equinor will
be the operator through the development, construction, and operations
phase of the project. Pursuant to regulations implementing the Marine
Mammal Protection Act (MMPA), NMFS is announcing receipt of Empire's
request for the development and implementation of regulations governing
the incidental taking of marine mammals and issuance of a Letter of
Authorization (LOA). NMFS invites the public to provide information,
suggestions, and comments on Empire's application and request.
DATES: Comments and information must be received no later than October
11, 2022.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service and 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
[[Page 55410]]
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.
FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of Empire'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 email the contact listed above.
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. For requests under
section 101(A)(5)(A) of the MMPA, NMFS is also required to begin the
public review process by publishing a notice of receipt of a request
for the implementation of regulations governing the incidental taking
(50 CFR 216.104(b)(1)(ii)).
An incidental take authorization shall be granted if NMFS finds
that the taking 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 December 7, 2021, NMFS received an application from Empire
requesting authorization to take, by Level A harassment and Level B
harassment, 16 species of marine mammals incidental to activities
associated with the development of the Empire Wind Project offshore of
New York in Commercial Lease (OCS-A-0512). In response to our comments,
and following extensive information exchange with NMFS, Empire
submitted a final, revised application on July 28, 2022, that we
determined was adequate and complete on August 11, 2022. Empire
requests the regulations and subsequent LOA be valid for 5 years
beginning in 2024.
Empire is proposing to develop the Empire Wind Project in two
adjacent locations, Empire Wind 1 (EW 1) and Empire Wind 2 (EW 2), that
are electrically isolated and independent from each other and will each
be connected to their own points of interconnection via individual
submarine export cable routes. There will be a maximum of 147 wind
turbine generators (WTGs) supported by monopile foundations and two
offshore substation (OSS) piled jacket foundations supported with 12
pin piles each within the Lease Area. EW 1 would consist of up to 57
WTG, and one OSS while EW 2 would consist of up to 90 WTGs and one OSS.
EW 1 would require up to 116 nautical miles (nm) (214 kilometers (km))
of interarray cable and 40 nm (74 km) of submarine export cable with a
cable landfall at South Brooklyn Marine Terminal (SBMT). EW 2 would
consist of up to 144 nm (267 km) of interarray cable and up to 26 nm
(48 km) of submarine export cable with two out of four proposed cable
landfalls in Long Beach or Lido Beach, New York. Empire's Lease Area
OCS-A-0512 is located approximately 12 nm (22 km) south of Long Island,
New York, and 16.9 nm (31.4 km) east of Long Branch, New Jersey.
Empire considered the following activities associated with
development of the wind farm in its application: installation of WTGs
and OSSs using impact driving; vibratory pile driving to install and
remove temporary cofferdams to support horizontal directional drilling
(HDD) at the export cable landfalls of the submarine export cables;
goal post installation by impact hammer to assist with the installation
of casing pipes for cable landfalls; and high-resolution geophysical
(HRG) equipment during survey activities in support of the Project.
Empire has determined that these activities may result in the taking,
by Level A harassment and/or Level B harassment, of marine mammals.
Therefore, Empire requests authorization to incidentally take marine
mammals.
Specified Activities
In Executive Order 14008, President Biden stated that it is the
policy of the United States to organize and deploy the full capacity of
its agencies to combat the climate crisis to implement a Government-
wide approach that reduces climate pollution in every sector of the
economy; increases resilience to the impacts of climate change;
protects public health; conserves our lands, waters, and biodiversity;
delivers environmental justice; and spurs well-paying union jobs and
economic growth, especially through innovation, commercialization, and
deployment of clean energy technologies and infrastructure.
Through a competitive leasing process under 30 CFR 585.211, Empire
Wind was awarded Commercial Lease OCS-A 0512 offshore of New York and
the exclusive right to submit a construction and operations plan (COP)
for activities within the lease area. Empire submitted a COP to the
Bureau of Ocean Energy Management (BOEM) proposing the construction,
operation, maintenance, and conceptual decommissioning of the Empire
Wind project within Lease Area OCS-A 04512.
Empire has provided a complete description of the specified
activities and their proposed mitigation, monitoring and reporting
measures in their application. They have also included a description of
estimated take methods and results. Empire anticipates the following
activities may potentially result in harassment of marine mammals:
[[Page 55411]]
up to 147 WTG monopile foundations which would not exceed
11-meters (m) in diameter would be installed using impact hammers with
energy level not to exceed 5,225 kiloJoules (kJ). Impact driving would
not occur from January 1 through April 30 over the course of 2 years.
In addition, impact pile driving would not occur from December 1
through December 31, unless unanticipated delays due to weather or
technical problems arise that necessitate extending pile driving into
December;
two OSS jacket foundations with up to 12 2.5 m (8.2 ft)-
diameter pin piles would be installed over 2 years using impact hammers
with energy levels not to exceed 3,200 kJ. Impact driving of pin piles
would be subject to the same work window restrictions as the WTG
monopile foundations;
installation and removal of up to 5 temporary cofferdams
or 6-10 goal posts would occur over 2 years via vibratory driving at
the exit points of the long-distance horizontal directional drilling
(HDD) at each export cable landfall. Up to 60 sheet piles would be
required per cofferdam and installation and removal of each cofferdam
would require 6 days;
using HRG equipment to survey approximately 103,475 (km)
over 5 years (177.792 km/day x 582 vessel days between 2024-2028).
Empire has indicated that these are the most accurate estimates for
the durations of each planned activity, but that the schedule may shift
over the course of the Project due to weather, mechanical, or other
related delays.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning Empire'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 Empire, if appropriate.
Dated: September 6, 2022.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-19514 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-22-P