Original Target Date Data Entry Effort
Cooperating under NEPA
Description:
The Marine Mammal Protection Act (MMPA) prohibits "take" of marine mammals with certain exceptions. An incidental take authorization, which may be issued provided certain findings are made, allows for the "take" of marine mammals provided the authorized entity abides by mitigation and monitoring measures and take limits established in the authorization. The project proponent has communicated to NMFS that the activity may result in the incidental “take" of marine mammals and has expressed plans to submit a request for an MMPA incidental take authorization. Based on initial feedback from the applicant, we anticipate the incidental take authorization under the MMPA for this project will be a letter of authorization.
Milestones:
This date is based on the applicant submitting an initial, draft LOA application to NMFS at least 6 months prior to ensure time for the applicant to provide additional information or make revisions that NMFS indicates are necessary in order to deem the application adequate and complete. The date reflects 6-8months prior to release of the proposed rule or concurrent with cooperating agency review of DEIS (whichever is earlier ).
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Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – NOAA/NMFS)
:
NOAA Determines ITA Application is Complete (Applicant Action)
- Completed Date: 08/11/2022
This date is 30 days after receipt of an adequate and complete application. NOAA’s ability to meet this schedule is contingent upon receipt of an adequate and complete application from the applicant.
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Environmental Impact Statement (EIS)
:
Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
- Completed Date: 11/18/2022
This date is 8 months after the adequate and complete application is received, after the DEIS is released for public comment, and aligns with the schedule to complete ESA consultation. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the Notice of Receipt, and the ability of NMFS to preliminarily make the required findings.
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Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 10/23/2023 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 09/08/2023
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Monthly Status Report for February 2024:NOAA Fisheries provided the Final ITA Regulations to the Federal Register (OFR) 17 days ahead of the milestone date for publication of 2/8/24. The guidelines suggest 15 days in advance; however, even though the final ITA regulations were provided earlier than requested, the OFR notified NOAA Fisheries that the final regulations will not publish on 2/8/24 as requested due to the number of large documents scheduled to publish in that timeframe. The final ITA regulations filed for public inspection on 2/13/24 and will published on 2/14/24. This delay was beyond NMFS’s control and was due to Office of Federal Regulations workload. As this project previously received a waiver of the 30-day cooling off period between publication of the final ITA regulations and issuance of the ITA decision, NOAA Fisheries intends to still meet the final MMPA milestone as scheduled.
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Monthly Status Report for January 2024:NMFS is on target for meeting the alternative completion dates for publication of the final ITA regulations in the Federal Register and issuance of the ITA decision.
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Monthly Status Report for December 2023:BOEM revised the EIS schedule, moving the ROD date back by 30 days. The MMPA final ITA regulations must be published after the ROD, so the MMPA milestone date for the final ITA regulation publication had to be revised as well. Extensive coordination was undertaken between NMFS, BOEM, and the project sponsor to determine a new final ITA regulation publication date, which was revised to 2/8/24. NMFS is now working toward meeting the milestone date for publication of the final ITA regulations in the Federal Register (2/8/22), as well as a new milestone date for the ITA decision rendered on 2/22/24. These date changes were coordinated with the project sponsor, who indicated approval of the new milestone target dates.
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Non-conformance Explanation:BOEM revised the EIS schedule, moving the ROD date back by 30 days. The MMPA final ITA regulations must be published after the ROD, so the MMPA milestone date for the final ITA regulation publication had to be revised as well. Extensive coordination was undertaken between NMFS, BOEM, and the project sponsor to determine a new final ITA regulation publication date, which was revised to 2/8/24. NMFS is now working toward meeting the milestone date for publication of the final ITA regulations in the Federal Register (2/8/22), as well as a new milestone date for the ITA decision rendered on 2/22/24. These date changes were coordinated with the project sponsor, who indicated approval of the new milestone target dates.
This date reflects no less than eight months after publishing the proposed regulations, no sooner than 60 days after the Record of Decision (ROD), and is contingent upon issuance of the Biological Opinion, FEIS and ROD. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required findings.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
PROJECT WEBSITE: Equinor's Empire Wind
All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS
ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
03/11/2024
ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED
SECTOR
Renewable Energy Production
CATEGORY
Project Category
FAST-41 Covered Projects
LEAD AGENCY
Department of the Interior, Bureau of Ocean Energy Management
View FAST-41 Postings by Agencies
Other Agencies with Actions or Authorizations:
Department of the Army, US Army Corps of Engineers - Civil Works
Department of the Army, US Army Corps of Engineers - Regulatory
Department of Commerce, National Oceanic and Atmospheric Administration
Department of the Interior, Fish and Wildlife Service
Environmental Protection Agency
Description:
Equinor Wind proposes to construct and operate the Empire Wind Energy Project located in Lease Area OCS-A 0512, which covers approximately 79,350 acres (ac; 32,112 hectares [ha]) and is located approximately 14 statute miles (mi) (12 nautical miles [nm], 22 kilometers [km]) south of Long Island, New York and 19.5 mi (16.9 nm, 31.4 km) east of Long Branch, New Jersey.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
Original Target Date: 09/11/2023
Milestone: ITA decision rendered (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
ITA decision rendered (Agency Action) extended by 133
From: 01/22/2024
To: 01/22/2024