Rule2025-14175
Safety Zone; Beltway 8 Bridge Construction, Houston Ship Channel, Houston, TX
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2025
Effective
July 28, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two temporary safety zones for navigable waters within a 120-yard radius of points on the north and south shore of the Houston Ship Channel under the Beltway 8 Bridge (Sam Houston Tollway Ship Channel Bridge) overhead construction. The safety zones are needed to protect personnel, vessels, and the marine environment from potential hazards created by constructing a new bridge. Entry of vessels or persons into these zones are prohibited unless specifically authorized by the Captain of the Port, Sector Houston-Galveston.
Full Text
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<title>Federal Register, Volume 90 Issue 142 (Monday, July 28, 2025)</title>
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[Federal Register Volume 90, Number 142 (Monday, July 28, 2025)]
[Rules and Regulations]
[Pages 35437-35439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14175]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0678]
RIN 1625-AA00
Safety Zone; Beltway 8 Bridge Construction, Houston Ship Channel,
Houston, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones for
navigable waters within a 120-yard radius of points on the north and
south shore of the Houston Ship Channel under the Beltway 8 Bridge (Sam
Houston Tollway Ship Channel Bridge) overhead construction. The safety
zones are needed to protect personnel, vessels, and the marine
environment from potential hazards created by constructing a new
bridge. Entry of vessels or persons into these zones are prohibited
unless specifically authorized by the Captain of the Port, Sector
Houston-Galveston.
DATES: This rule is effective without actual notice from July 28, 2025
through October 22, 2025. For the purposes of enforcement, actual
notice will be used from July 24, 2025 until July 28, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2025-0678 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Marine Science Technician Chief Petty Officer Anthony W.
Booth, Sector Houston-Galveston Waterway Management Division, Coast
Guard; Telephone (713) 398-5823, Email <a href="/cdn-cgi/l/email-protection#7c1413090f0813120b0b113c090f1f1b52111510"><span class="__cf_email__" data-cfemail="b7dfd8c2c4c3d8d9c0c0daf7c2c4d4d099dadedb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are impracticable.
The Coast Guard finds that good cause exists for not publishing a
notice of proposed rulemaking (NPRM). Publishing an NPRM would be
impracticable and contrary to the public interest because these
temporary safety zones must be established by July 24, 2025, when
bridge construction activities will impact the waterway. The Coast
Guard did not have sufficient information regarding the construction
schedule to publish an NPRM and consider comments before this date.
However, the Coast Guard is preparing an NPRM for a separate rulemaking
project to establish a larger safety zone that will be in effect for
the duration of the bridge construction and demolition activities,
which are anticipated to last until 2030. Also, under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register. Delaying this rule would be contrary to the public interest
because it must be established to ensure safety on the waterway during
bridge construction work beginning July 24, 2025.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Houston-Galveston (COTP) has
determined that potential hazards associated with Beltway 8 Bridge
construction starting July 24, 2025, will be a safety concern for
anyone within a 120-yard radius of construction activities on the north
shore of the Houston Ship Channel at 29[deg]44.233' N, 95[deg]8.767' W,
and the south shore of the Houston Ship Channel at 29[deg]44.067' N,
95[deg]8.783' W. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zones
while the bridge is being constructed.
IV. Discussion of the Rule
This rule establishes safety zones from July 24, 2025, through
October 22, 2025. The safety zones will cover all navigable waters
within 120-yard radius of Beltway 8 bridge construction, located in
Houston, TX on the north shore at 29[deg]44.233' N, 95[deg]8.767' W and
south shore at 29[deg]44.067' N, 95[deg]8.783' W, in the Houston Ship
Channel. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable
[[Page 35438]]
waters while the new bridge is being constructed. No vessel or person
will be permitted to enter the safety zones without obtaining
permission from COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analysis
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. The Coast
Guard has reviewed this rule and has determined that it is not a
``significant regulatory action'' under E.O. 12866.
This regulatory action determination is based on the size and
location of the safety zones. While these temporary safety zones will
be in effect for 90 days, they only restrict entry in small areas of a
120 yard radius, along the north and south shores of the Houston Ship
Channel. The zone does not restrict vessel traffic in the main
navigational channel of the Houston Ship Channel, and impact to vessel
navigation in the area will be minimal. It also allows mariners to seek
permission from the COTP to enter or transit through the zones, when
safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves safety
zones lasting only 90 days that will prohibit entry within 120 yards of
Beltway 8 Bridge construction. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T08-0678 to read as follows:
[[Page 35439]]
Sec. 165.T08-0678 Safety Zone; Houston Ship Channel, Houston, TX.
(a) Location. The following areas are safety zones: All navigable
waters in the Houston Ship Channel, Houston, TX, within 120-yard radius
of Beltway 8 bridge construction, on the north shore at 29[deg]44.233'
N, 95[deg]8.767' W, and south shore at 29[deg]44.067' N, 95[deg]8.783'
W.
(b) Definition. As used in this section, designated representative
means Coast Guard Patrol Commanders, including Coast Guard coxswains,
petty officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Houston-Galveston (COTP) in the enforcement of the
safety zones.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or a
designated representative.
(2) Persons or vessels seeking to enter the safety zones must
request permission from the COTP on VHF-FM channel 16 or by telephone
at 866-539-8114. Those in the safety zones must comply with all lawful
orders or directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This rule will be enforced from July 24,
2025 through October 22, 2025.
Dated: July 22, 2025.
Ronald J. Caputo Jr,
Captain, U.S. Coast Guard, Acting Captain of the Port Houston-
Galveston.
[FR Doc. 2025-14175 Filed 7-25-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 28, 2025.
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