Safety Zone; Beltway 8 Bridge Construction, Houston Ship Channel, Houston, TX
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Issuing agencies
Abstract
The Coast Guard is establishing 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.
Full Text
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<title>Federal Register, Volume 90 Issue 245 (Monday, December 29, 2025)</title>
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[Federal Register Volume 90, Number 245 (Monday, December 29, 2025)]
[Rules and Regulations]
[Pages 60576-60578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23860]
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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, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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.
DATES: This rule is effective without actual notice from December 29,
2025 through March 1, 2030. For the purposes of enforcement, actual
notice will be used from December 22, 2025, until December 29, 2025.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-0643.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact 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#3f57504a4c4b50514848527f4a4c5c5811525653"><span class="__cf_email__" data-cfemail="41292e3432352e2f36362c01343222266f2c282d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
CG Coast Guard
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
VTS Vessel Traffic Service
II. Background and Authority
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 35437, July 28, 2025). The Coast
Guard also published a notice of proposed rulemaking (NPRM) to
establish a long-term temporary safety zone for this project (90 FR
43950, September 11, 2025). In that NPRM, we stated why we issued the
NPRM and invited comments on our proposed regulatory action.
[[Page 60577]]
Under the authority in 46 U.S.C. 70034, the COTP has determined
that this rule is necessary to protect personnel, vessels, and the
marine environment from potential hazards associated with this bridge
demolition and construction project. Hazards associated with this
project include falling construction equipment, materials, or other
debris. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or their designated
representative during periods of enforcement.
The Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because it is impracticable and
contrary to the public interest. Construction for this project has
begun, impacts to the waterway are on-going, and the previously
established short-term safety zone regulation has expired. Therefore,
this zone must be established immediately to protect personnel,
vessels, and the marine environment.
III. Discussion of Comments and the Rule
During the comment period that ended on October 14, 2025, we
received one comment. The comment supported the safety zone and
encouraged the Coast Guard to elaborate on timing for closure of the
federal channel to improve coordination and to assist affected users
with preparation for the closure. Due to the length of the project and
complexity and uncertainty regarding the project schedule, the Coast
Guard is unable to provide this detailed information at this time.
However, 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 waterway. The
Coast Guard will provide advance notice to the public through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and the
Vessel Traffic Service (VTS).
The Coast Guard is also making two clarifying changes to the
regulatory text. In paragraph (c)(1), the phrase ``while overhead
bridge construction or demolition activities are occurring'' has been
deleted. Also in paragraph (d), the sentence ``[t]hat date should
include some margin for error in case of delays[,]'' was also deleted.
Although not requested or commented upon, the Coast Guard believes
these changes in the regulatory text will prevent potential confusion
regarding times when the safety zone is activated. As written now, the
regulatory text clearly states that Coast Guard will provide advance
notice to the public of the specific enforcement times and areas within
the zone, which will depend on construction or demolition activities.
There are no other changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone from December 22, 2025 through
March 1, 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. The safety zone covers
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. No vessel or person
is permitted to enter the safety zone without obtaining permission from
the COTP or their designated representative.
IV. Regulatory Analyses
We developed this 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 Coast Guard certifies that, although some small entities may
intend to transit the safety zone above, this rule will not have a
significant economic impact on a substantial number of small entities,
as mandated by the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612
for the following reasons. During the times of overhead construction
outside of the federal channel, vessels will still 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 federal channel. While this zone will be in
effect for several years, the Coast Guard (CG) anticipates that the
main federal channel will remain open for the majority of the effective
period.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-
734-3247).
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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.
[[Page 60578]]
This rule is a safety zone. 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.
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; DHS Delegation No. 00170.1, Revision No. 01.4.
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) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer 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, unless authorized by the COTP or the
COTP's 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 1, 2030. Specific
enforcement times and areas within the zone will depend on construction
or demolition activities, and the Coast Guard will provide advance
notice to the public through BNMs, LNMs, and the VTS.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston, Texas.
[FR Doc. 2025-23860 Filed 12-23-25; 8:45 am]
BILLING CODE 9110-04-P
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