Rule2026-01168
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
January 22, 2026
Effective
January 22, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for 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
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<title>Federal Register, Volume 91 Issue 14 (Thursday, January 22, 2026)</title>
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[Federal Register Volume 91, Number 14 (Thursday, January 22, 2026)]
[Rules and Regulations]
[Pages 2708-2709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01168]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1125]
RIN 1625-AA00
Safety Zone; Rocket Test Site, Rio Grande River, Boca Chica, 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 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: This rule is effective without actual notice from January 22,
2026 through February 28, 2026. For the purposes of enforcement, actual
notice will be used from December 22, 2025, until January 22, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-1125.
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#c296abafadb6aabbec88ec81a3b0a6a7aca3b182b7b1a1a5ecafabae"><span class="__cf_email__" data-cfemail="d084b9bdbfa4b8a9fe9afe93b1a2b4b5beb1a390a5a3b3b7febdb9bc">[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
SpaceX conducts rocket testing at their Massey's Test Site on a
weekly basis. This test site is on the Rio Grande River, approximately
6 miles inland from the mouth of the river. Some, but not all, test
activities at this location create hazards such as the potential
accidental discharge of cryogenic fuel and test failures resulting in
dangerous projectiles and falling hot embers or other debris. The
Captain of the Port (COTP) Corpus Christi has determined that these
potential hazards are a safety concern for anyone on the Rio Grande
River within a half mile of the test site. 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. Due to the nature of testing
activities at the site, the Coast Guard is not notified if static fire
or cryogenic test will be conducted until hours before their start.
Therefore, we do not have enough time to solicit and respond to
comments. However, the Coast Guard is preparing a separate Notice of
Proposed Rulemaking to establish a permanent safety zone around the
Massey's Test Site, and the Coast Guard will accept and consider public
comments as part of that rulemaking.
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 2709]]
III. Discussion of the Rule
This rule establishes a safety zone from December 22, 2025, through
February 28, 2026. 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 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(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.T08-1125 to read as follows:
Sec. 165.T08-1125 Safety Zone; Rocket Test Site, Rio Grande River,
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 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 (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 period. This section is effective from December 22,
2025, through February 28, 2026, however the regulations in paragraph
(c) of this section will only be enforced during times 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/or Marine Safety Information Bulletins
(MSIBs) of the enforcement times and dates for this safety zone.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2026-01168 Filed 1-21-26; 8:45 am]
BILLING CODE 9110-04-P
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