Proposed Rule2025-23976
Safety Zone; Rocket Test Site, Rio Grande River, Boca Chica, 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
December 30, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a permanent safety zone for certain navigable waters of the Rio Grande River. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by cryogenics and structural tests of SpaceX rockets at their Massey's test site. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port, Sector Corpus Christi. We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 246 (Tuesday, December 30, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 246 (Tuesday, December 30, 2025)]
[Proposed Rules]
[Pages 61112-61113]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23976]
[[Page 61112]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0898]
RIN 1625-AA00
Safety Zone; Rocket Test Site, Rio Grande River, Boca Chica, TX
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a permanent safety
zone for certain navigable waters of the Rio Grande River. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by cryogenics and structural
tests of SpaceX rockets at their Massey's test site. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless specifically authorized by the Captain of the Port, Sector
Corpus Christi. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before January 29, 2026.
ADDRESSES: To submit comments and view available documents, go to the
Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
search for USCG-2025-0898.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact Lieutenant Timothy Cardenas, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
244-4784, or email <a href="/cdn-cgi/l/email-protection#62360b0f0d160a1b4c284c21031006070c031122171101054c0f0b0e"><span class="__cf_email__" data-cfemail="fda9949092899584d3b7d3be9c8f9998939c8ebd888e9e9ad3909491">[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
FAA Federal Aviation Administration
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NPRM Notice of proposed rulemaking
Sec. Section
SpaceX Space Exploration Technologies Corporation
U.S.C. United States Code
II. Background and Authority
The Coast Guard has long monitored commercial spaceflight
activities impacting the maritime domain and taken actions to ensure
the safety of vessels, persons, and the marine environment. In
conducting this activity, the Coast Guard engages with other government
agencies, including the Federal Aviation Administration (FAA) and the
National Aeronautics and Space Administration (NASA), and private space
operators, including Space Exploration Technologies Corporation
(SpaceX). Through this engagement, the Coast Guard became aware of an
area within the Rio Grande River, known as the Massey's Test Site,
which SpaceX uses for pre-launch static fire test operations. Potential
hazards from activities at this site include accidental discharge of
cryogenic fuel and test failures resulting in dangerous projectiles and
falling hot embers or other debris. SpaceX conducts these tests weekly,
with plans to increase test frequency. Testing frequency may be as
often as daily by the end of 2025.
The Captain of the Port Sector Corpus Christi (COTP) has determined
that potential hazards associated with static fire tests are a safety
concern for anyone on the Rio Grande River within a half mile of the
test site. While SpaceX does follow certain safety protocols during
these tests, which include ensuring the area around the test site on
the Rio Grande River is clear, the Coast Guard believes that a legally
enforceable safety zone will provide a greater measure of safety.
Therefore, the COTP is proposing this rule under the authority in 46
U.S.C. 70034, to protect personnel and vessels in the navigable waters
within the safety zone. The regulatory text we are proposing appears at
the end of this document.
III. Discussion of the Rule
This proposed rule would establish a safety zone that would be
activated during times when rocket testing is conducted. The safety
zone would cover all navigable waters within a half mile radius of the
testing facility. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or their
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. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities. 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.
The area of the Rio Grande River that will be impacted by this
safety zone is a shallow water area with little to no regular
commercial or recreational vessel traffic. While it will not be
possible to transit around the safety zone, any vessels needing to
transit through this area will only be delayed for short periods of
time as the zone will be activated immediately before a test operation,
and will be cancelled once the operation is safely completed. The
expected duration of each safety zone activation is between 4-6 hours.
The Coast Guard will issue public advisories in advance of each safety
zone activation so that persons transiting through this area on the Rio
Grande may plan accordingly.
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 proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed 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 proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
[[Page 61113]]
C. Federalism and Indian Tribal Governments
We have analyzed this proposed 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 proposed 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 proposed 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 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
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 proposed 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 preliminary Record of
Environmental Consideration supporting this determination is available
in the docket.
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-2025-0898 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 the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
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. 01.4.
0
2. Add Sec. 165.T08-0898 to read as follows:
Sec. 165.T08-0898 Safety Zone; Rocket Test Site, Rio Grande River
near Boca Chica, TX.
(a) Location. The following area is a safety zone: All waters of
the Rio Grande River, from surface to bottom, from 25[deg]57'15.4'' N,
97[deg]14'30.4'' W (approximately 0.5 miles east of the Massey's test
facility), thence westward to 25[deg]57'03.1'' N, 97[deg]15'34.1'' W
(approximate 0.5 miles west of the Massey's test facility). These
coordinates are based on the World Geodetic System (WGS 84).
(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 Sector Corpus Christi (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) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at 1(800)874-2143.
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 periods. This section will be enforced when SpaceX
conducts operations that involve explosive material. The COTP or a
designated representative will inform the public through Broadcast
Notices to Mariners (BNMs) and Marine Safety Information Bulletins
(MSIBs) of the enforcement times and dates for this security zone.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2025-23976 Filed 12-29-25; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 30, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.