Rule2026-00453
Safety Zone; Plane Crash Response Between Mile Markers 356 and 362, Gulf Intracoastal Waterway, Galveston, TX
Primary source
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Published
January 13, 2026
Effective
January 13, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters between mile markers 356 and 362 of the Gulf Intracoastal Waterway. The safety zone is needed to support response vessels and protect the marine environment for debris recovery, incident investigation, and pollution clean-up following a plane crash. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Houston- Galveston or a designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 8 (Tuesday, January 13, 2026)</title>
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[Federal Register Volume 91, Number 8 (Tuesday, January 13, 2026)]
[Rules and Regulations]
[Pages 1248-1249]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00453]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1131]
RIN 1625-AA00
Safety Zone; Plane Crash Response Between Mile Markers 356 and
362, Gulf Intracoastal Waterway, Galveston, 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
navigable waters between mile markers 356 and 362 of the Gulf
Intracoastal Waterway. The safety zone is needed to support response
vessels and protect the marine environment for debris recovery,
incident investigation, and pollution clean-up following a plane crash.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) Houston-
Galveston or a designated representative.
DATES: This rule is effective without actual notice from January 13,
2026, through 11:59 p.m. on January 31, 2026, unless cancelled earlier
by the COTP. For the purposes of enforcement, actual notice will be
used from December 23, 2025, until January 13, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-1131.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Lieutenant Ignacio J. Fern[aacute]ndez-Cuervo, Marine Safety
Unit Texas City, Waterways Management Division, U.S. Coast Guard;
telephone 281-309-1617, or email <a href="/cdn-cgi/l/email-protection#3367564b5240705a474a64647e73464050541d5e5a5f"><span class="__cf_email__" data-cfemail="194d7c61786a5a706d604e4e54596c6a7a7e37747075">[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 and Authority
On December 22, 2025, the Coast Guard received notification that a
plane crashed in the vicinity of the Gulf Intracoastal Waterway around
mile marker 358.5 resulting in debris and potential for pollution. The
Captain of the Port (COTP) Houston-Galveston determined that this
situation has created potential hazards to the public and mariners
navigating near the incident site. The hazards include the presence of
multiple response vessels operating in close proximity, and the
presence of debris and contaminants that may be harmful to people.
Therefore, the COTP is issuing this rule under the authority in 46
U.S.C. 70034, which is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impracticable
and contrary to the public interest. Delaying the effective date of
this rule is impracticable because prompt action is needed to respond
to the potential safety hazards and pollution that resulted from the
plane crash.
For the same reasons, 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.
[[Page 1249]]
III. Discussion of the Rule
This rule establishes a safety zone from 3 p.m. on December 23,
2025, through 11:59 p.m. on January 31, 2026, unless cancelled earlier
by the Captain of the Port. The safety zone will cover all navigable
waters on the Gulf Intracoastal Waterway between mile markers 356 and
362. No vessel or person will be 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 regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
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). 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.
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.
This rule is a safety zone. It is categorically excluded from
further review under paragraph L60(d) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination will be available in the
docket as soon as possible.
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.T08-1131 to read as follows:
Sec. 165.T08-1131 Safety Zone; Plane Crash Response Between Mile
Markers 356 and 362, Gulf Intracoastal Waterway, Galveston, TX.
(a) Location. The following area is a safety zone: All waters of
Galveston Bay in the Intracoastal Waterway, from surface to bottom,
between Mile Marker 356 (approximate position 29[deg]18'24.5'' N,
094[deg]52'39.0'' W) to Mile Marker 362 (approximate position
29[deg]17'00.6'' N, 094[deg]57'45.4'' W). These coordinates are based
on the North American Datum 83 (NAD 83). As response operations
progress, the Captain of the Port may announce reductions in the size
of the safety zone via Broadcast Notice to Mariners or other public
advisories.
(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) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at (281) 464-4855.
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. This section will be enforced from 3 p.m.
on December 23, 2025, through 11:59 p.m. on January 31, 2026, unless
cancelled earlier by the COTP.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2026-00453 Filed 1-12-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on January 13, 2026.
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