Proposed Rule2025-17504
Safety Zone; Beltway 8 Bridge Construction, Houston Ship Channel, Houston, TX
Primary source
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Published
September 11, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone for certain navigable waters of the Houston Ship Channel around the Beltway 8 Bridge (Sam Houston Tollway Ship Channel Bridge), during bridge construction and demolition activities. The temporary safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by constructing a new bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Houston- Galveston. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Proposed Rules]
[Pages 43950-43952]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17504]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0643]
RIN 1625-AA00
Safety Zone; Beltway 8 Bridge Construction, Houston Ship Channel,
Houston, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of the Houston Ship Channel around
the Beltway 8 Bridge (Sam Houston Tollway Ship Channel Bridge), during
bridge construction and demolition activities. The temporary safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by constructing a new
bridge. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, Sector Houston-
Galveston. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 14, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0643 using the Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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#553d3a2026213a3b22223815202636327b383c39"><span class="__cf_email__" data-cfemail="1a72756f696e75746d6d775a6f69797d34777376">[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, Purpose, and Legal Basis
On July 24, 2025, construction of the new Beltway 8 Bridge (Sam
Houston Tollway Ship Channel Bridge) started over the navigable waters
of the Houston Ship Channel. The Coast Guard previously published a
short-term temporary safety zone to cover the initial phase of this
construction, which covers only a small area along the north and south
shorelines around the bridge (90 FR 35438, July 28, 2025). That safety
zone expires on October 22, 2025, and a long-term safety zone is
necessary to provide for safety during the remainder of the
construction and demolition project. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
The construction of the new Southbound and Northbound lanes, and
demolition of the old Beltway 8 Bridge (Sam Houston Tollway Ship
Channel Bridge) are estimated to be complete around March 2030. The
Captain of the Port Sector Houston-Galveston (COTP) has determined that
potential hazards associated with construction over the ship channel
will be a safety concern for anyone transiting under the bridge.
Hazards associated with this project include falling construction
equipment, materials or other debris. The purpose of this rulemaking is
to ensure the safety of vessels and the navigable waters during the
construction of the new Beltway 8 Bridge (Sam Houston Tollway Ship
Channel Bridge).
While this zone will be in effect for several years, the Coast
Guard anticipates that the main navigable channel of the Houston Ship
Channel will remain open for the majority of the time, and impact on
vessel navigation will be minimal. During the times of overhead
construction outside of the federal channel, vessels will be allowed to
transit under the bridge only within the federal channel. The channel
will be closed for a short period when the construction or demolition
is actively occurring over the main federal channel, and these closures
will be coordinated
[[Page 43951]]
between stakeholders, the construction contractor and Sector Houston-
Galveston. The Coast Guard will work closely with the project managers
to ensure the public and waterway users are notified well in advance of
any closure that will prohibit vessel navigation on the main channel.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary safety zone from
October 22, 2025 to March 1, 2030. The temporary safety zone would
cover all navigable waters within the following four points on the
north and south shore of the Houston Ship Channel around the Beltway 8
Bridge (Sam Houston Tollway Ship Channel Bridge) overhead construction:
from the southeast corner at Point 1 at 29[deg]44.033' N 95[deg]8.733'
W; thence west to Point 2 at 29[deg]44.100' N 95[deg]8.833' W; thence
north to Point 3 at 29[deg]44.267' N 95[deg]8.817' W; thence east to
Point 4 at 29[deg]44.267' N 95[deg]8.717' W; thence returning south to
Point 1.
The duration of the zone is intended to ensure the safety of
vessels and these navigable waters from hazards associated with bridge
construction and demolition. While this area spans the width of the
Houston Ship Channel, the safety zone will only be enforced in certain
portions within this area where overhead construction is occurring. For
most of the time this safety zone is effective, vessels will be
permitted to transit through this area using the main navigation
channel under the bridge. Vessel traffic will not be allowed to transit
underneath where overhead construction is actively taking place, and
small vessels will not be allowed to transit under the bridge outside
of the main federal channel during construction. Vessel traffic on the
main federal channel under the center of the bridge will be closed for
a short period when the construction is actively occurring over this
area. Closures will be coordinated between stakeholders, the
construction contractor and Sector Houston-Galveston. No vessel or
person would be permitted to enter the temporary safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders.
A. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. During
the times of overhead construction outside of the federal channel,
vessels will be allowed to transit under the bridge only within the
federal channel. The channel will be closed for a short period when the
construction or demolition is actively occurring over the main federal
channel, and these closures will be coordinated between stakeholders,
the construction contractor and Sector Houston-Galveston. The Coast
Guard will work closely with the project managers to ensure the public
and waterway users are notified well in advance of any closure that
will prohibit vessel navigation on the main channel. While this zone
will be in effect for several years, the Coast Guard (CG) anticipates
that the main navigable channel will remain open for the majority of
the effective period.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed rule
would 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
B. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
C. 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
D. 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
E. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a
temporary safety zone within four points on the north and
[[Page 43952]]
south shore crossing the Houston Ship Channel around the Beltway 8
Bridge (Sam Houston Tollway Ship Channel Bridge) for the construction
of the Southbound, Northbound lanes and demolition of the old Beltway 8
Bridge (Sam Houston Tollway Ship Channel Bridge) will be completed
March 2030. While this zone will be in effect for several years, the
Coast Guard (CG) anticipates that the main navigable channel will
remain open for the majority of the effective period. Normally such
actions are 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 preliminary 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. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0643 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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. 1.4.
0
2. Add Sec. 165.T08-0643 to read as follows:
Sec. 165.T08-0643 Safety Zone; Beltway 8 Bridge Construction,
Houston Ship Channel, Houston, TX.
(a) Location. The following area is a safety zone: All navigable
waters within the area encompassed by a line connecting the following
points on the north and south shore of the Houston Ship Channel around
the Beltway 8 Bridge (Sam Houston Tollway Ship Channel Bridge): Point 1
is the southeast corner at 29[deg]44.033' N 95[deg]8.733' W; thence
west to Point 2 at 29[deg]44.100' N 95[deg]8.833' W; thence north to
Point 3 at 29[deg]44.267' N 95[deg]8.817' W; thence east to Point 4 at
29[deg]44.267' N 95[deg]8.717' W; thence south returning to Point 1.
(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 zone.
(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 while overhead bridge construction or
demolition activities are occurring, unless authorized by the COTP or a
designated representative.
(2) Persons or vessels seeking to enter the safety zone must
request permission from the COTP on VHF-FM channel 16 or by telephone
at 866-539-8114. Those in the safety zone must comply with all lawful
orders or directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. The zone will be effective until the
project ends, estimated completion date of MARCH 01, 2030. That date
should include some margin for error in case of delays. Specific
enforcement times and areas within the zone will depend on construction
or demolition activities, and the CG will provide advance notice to the
public through BNMs, LNMs, and the VTS.
Dated: September 3, 2025.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston,
Texas.
[FR Doc. 2025-17504 Filed 9-10-25; 8:45 am]
BILLING CODE 9110-04-P
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