Rule2026-08732
Safety Zones; Rocket Launches in the Gulf of America and South Bay, Boca Chica Beach, TX
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Published
May 5, 2026
Effective
June 4, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two permanent safety zones to protect personnel, vessels, and the marine environment from potential hazards created by commercial spaceflight activities. The permanent safety zones are located in navigable waters of South Bay, TX and in navigable waters of the Gulf of America. This rule prohibits persons and vessels from being in the safety zones during scheduled launches, unless authorized by the Captain of the Port, Sector Corpus Christi (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
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[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Rules and Regulations]
[Pages 24126-24130]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08732]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0332]
RIN 1625-AA00
Safety Zones; Rocket Launches in the Gulf of America and South
Bay, Boca Chica Beach, TX
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing two permanent safety zones to
protect personnel, vessels, and the marine environment from potential
hazards created by commercial spaceflight activities. The permanent
safety zones are located in navigable waters of South Bay, TX and in
navigable waters of the Gulf of America. This rule prohibits persons
and vessels from being in the safety zones during scheduled launches,
unless authorized by the Captain of the Port, Sector Corpus Christi
(COTP) or a designated representative.
DATES: This rule is effective June 4, 2026.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0332 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Sector Corpus Christi Waterways Management Division
(dpw), U.S. Coast Guard; telephone 361-244-4784, email
<a href="/cdn-cgi/l/email-protection#9ad9d9cdfbeeffe8edfbe3e9daefe9f9fdb4f7f3f6"><span class="__cf_email__" data-cfemail="d1929286b0a5b4a3a6b0a8a291a4a2b2b6ffbcb8bd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of responsibility
BNM Broadcast Notice to Mariners
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
NOE Notification of Enforcement
NPRM Notice of proposed rulemaking
NM Nautical Mile
Sec. Section
SpaceX Space Exploration Technologies Corporation
TX Texas
U.S. United States
U.S.C. United States Code
[[Page 24127]]
II. Background Information and Regulatory History
The Coast Guard has long monitored space activities impacting the
maritime domain and taken actions to ensure the safety of vessels,
persons, and the marine environment during space launch operations. 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). This engagement is necessary to ensure the safety of waterway
users during launch operations. During this engagement, SpaceX, a U.S.
company, informed the Coast Guard that future launch activities may be
hazardous and impact U.S. navigable waters in the Coast Guard Heartland
District's (formerly the Eighth District) area of responsibility (AOR).
Specifically, the launches will create potential hazards in South Bay,
TX and offshore of Boca Chica Beach, TX in the Gulf of America.
In response to previous SpaceX activities, the Coast Guard
published temporary final rules in the Federal Register (such as 87 FR
23441) for anticipated rocket launching operations within the Coast
Guard Heartland District's AOR offshore of Boca Chica Beach, TX. Based
on the dates the Coast Guard was informed of rocket launching
operations and the immediate need to establish safety zones, the Coast
Guard did not have sufficient time to publish a notice of proposed
rulemaking (NPRM) for those rules. The Coast Guard has determined that
these activities will be ongoing, and regularly recurring, and
therefore permanent safety zones are required. These permanent safety
zones will be enforced only during launch activities. Vessels and
people may enter these areas when the zones are not being enforced.
On May 15, 2025, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled, ``Safety Zones;
Rocket Launches in the Gulf of America and South Bay, Boca Chica, TX.
In the NPRM (90 FR 20572). we stated the purpose of the rulemaking was
to create two permanent safety zones in the Gulf of America and South
Bay, Boca Chica, TX, for the protection of vessels, persons, and the
marine environment in navigable waters of the U.S. from the potential
hazards created by rocket launch activities. The NPRM invited comments
on the proposed rule. During the comment period that ended June 16,
2025, we received four comments.
This final rule creates two permanent safety zones for the safety
of vessels, persons, and the marine environment from ongoing, and
regularly recurring rocket launch activities. The safety zones will
only be enforced during actual launches, which will be announced by the
Coast Guard via Broadcast Notice to Mariners on VHF-FM channel 16 and
Marine Safety Information Bulletin (MSIB). The Coast Guard will also
publish a Notification of Enforcement (NOE) in the Federal Register if
we receive sufficient advance notice of the launch activity.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under section 46 U.S.C. 70034.
The Sector Commander, Coast Guard Sector Corpus Christi has determined
there are potential safety hazards associated with the launch of
spacecraft over the waters of South Bay, TX and the Gulf of America.
The purpose of this rule is to ensure the protection of vessels,
persons, and the marine environment from rocket launch activities.
IV. Discussion of Comments and Changes
As noted above, we received four comments on the NPRM that was
published on May 15, 2025. The comments covered a variety of topics
which have been grouped below.
Hazards: One commenter requested to know what specific types of
hazards are associated with commercial spaceflight activities that
necessitate establishment of the safety zones and how the Coast Guard
will effectively mitigate those specific risks to vessels and the
marine environment. The Starbase launch site is a non-military
commercial range. Access to Boca Chica Beach from the land during
launch activities is controlled by SpaceX and local Cameron County Law
Enforcement. Current and forecasted access to Boca Chica Beach may be
found at <a href="http://cityofstarbase-texas.com">cityofstarbase-texas.com</a>. The safety zones created by this
rule only control access to water areas around the launch facility, in
the Gulf of America, and in South Bay. The Captain of the Port Corpus
Christi has determined that potential hazards associated with rocket
launches from Starbase City, TX include a risk of explosion, falling
debris, and release of hazardous materials. The safety zone will only
be activated at a reasonable time before a launch and deactivated once
the area is no longer hazardous. The purpose of this rule is to ensure
the safety of vessels, mariners, and the navigable waters in the safety
zone before, during, and after the scheduled event.
Activation and enforcement: Two commenters requested that the Coast
Guard clarify when the safety zone will be activated and enforced. The
Coast Guard has modified paragraph (a) of the regulatory text to
further clarify that the safety zones will only be enforced around the
times that rocket launches are scheduled to occur at the SpaceX
facility in Boca Chica, TX. We expect the safety zones will only be
enforced for 4 to 8 hours each day that launch activities are
occurring.
Notice: Two commenters wanted to ensure that the Coast Guard will
provide adequate notice when the safety zone will be activated. One was
concerned about whether the notices would occur and how far in advance
the notice would be given. Two had concerns about whether multilingual
communications were needed, and whether standard Coast Guard
communications would reach certain communities, such as beachgoers,
local and subsistence fishers, and tribal communications. One commenter
suggested additional methods of notification for beachgoers. The Coast
Guard is reliant on the commercial company responsible for the rocket
launches to notify us that a launch will be occurring. If the Coast
Guard is notified that a launch will occur, we will activate and
enforce the safety zones and will provide notice through our standard
methods of notification and communication. We will issue Broadcast
Notice to Mariners on VHF-FM channel 16 and Marine Safety Information
Safety Bulletin (MSIB) as soon as practicable after receiving notice.
In addition, if we receive notice far enough in advance, we will issue
a Notification of Enforcement (NOE) in the Federal Register. Sector
Corpus Christi often issues broadcasts in Spanish as well as in
English. The Coast Guard has determined that these methods provide
appropriate and sufficient notice of the launches.
Public Meetings: One commenter asked that we consider holding
public meetings regarding this rule. We considered holding public
meetings but determined that they are not warranted for a rule that
establishes routine safety zones for confined and infrequent activity.
In addition, to the extent that the commenters may have been seeking a
public meeting to discuss the rocket launches themselves, that is
outside the purview of the Coast Guard. This rule is limited to
creating safety zones to ensure maritime safety during the launches.
Beaches: One commenter expressed that it is hard to tell whether
the safety zones include beaches. The regulation
[[Page 24128]]
does not include the beaches. We have revised the description of the
safety zone areas and added a chart to make this more clear.
Small businesses, commercial fishers, subsistence harvesters, and
eco-tourism operators: One commenter was concerned that the safety zone
closures will adversely impact small businesses such as commercial
fishing, subsistence harvesters, and eco-tourism operators. This
commenter recommended the Coast Guard implement a plan for compensation
or mitigation. The Coast Guard considered these possible adverse
impacts, and fully considered public comments on this issue, but has
determined that the risk to life and property of permitting people and
vessels in the safety zones during rocket launches outweighs the
potential economic harm of excluding small businesses for a few hours
during a launch activity. The potential impact on business is factored
into the regulation, in that it will only be enforced during rocket
launches, and because vessels can transit in areas around the safety
zones.
Indigenous peoples and Native American tribes: Another commenter
requested that the Coast Guard consult with local tribes and Indigenous
peoples, including Texas coastal tribes, on potential impacts to
cultural and fishing rights, in accordance with Executive Order 13175,
and include a public record of such consultations in the docket. This
rule relates only to the establishment of the water-side safety zone
and does not regulate or control activity at the SpaceX facility,
including launch approvals, frequency, or environmental impact related
to those launches. 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.
Environmental impact: Some commenters were concerned with the
environmental impact of the rule. One commenter requested an
environmental justice analysis. Another commenter recommended
evaluating the cumulative environmental impact of the rocket launches.
The Coast Guard has completed the environmental analysis required for
this rule, which will be available in the docket. That document sets
forth the Coast Guard's environmental considerations required by law.
One commenter requested that the Coast Guard mandate continuous
environmental monitoring before, during, and after launches to assess
impacts on endangered species, water quality, and habitats, and require
public release of these data, with input from independent scientists
and local community representatives. As discussed with respect to the
comment above, this rule relates only to the establishment of the off-
shore safety zone. The Coast Guard does not regulate or oversee launch
activity itself, including potential environmental or other impacts
related to launches. The Coast Guard has undertaken all environmental
analysis required by law for the purposes of establishing these
maritime safety zones. The impact of the rocket launches themselves is
beyond the scope of this rule, because the Coast Guard is not
responsible for regulating these rocket launches.
Local emergency response: One commenter suggested that we require
investment in local emergency response capability. The Coast Guard does
not have authority over state and local emergency response procedures
and equipment, nor can we require them to expend funds in a particular
manner. Concerns regarding state and local response capabilities should
be directed towards those entities.
Stakeholder advisory panel: One commenter suggested forming a
formal stakeholder advisory panel to review and provide input. The
Coast Guard has determined that a formal advisory panel is not
necessary; persons wishing to provide input have had an opportunity to
do so through this rulemaking process, and the Coast Guard has
thoroughly considered all public comments.
Adaptive management: One commenter suggested implementing an
adaptive management process for ``annual, data-driven reviews'' that
would have ``automatic triggers for revision or rollback.'' The Coast
Guard has followed all legal requirements in proposing, reviewing, and
finalizing this rule. We find that formal annual reviews are not
necessary. If we determine that adjustments to the rule are necessary,
we will follow standard rulemaking procedures.
Data: One commenter requested that ``all environmental, safety, and
economic data related to these safety zones'' be posted online. Any
data collected and maintained by the Coast Guard may be made available
upon request, pursuant to the Freedom of Information Act, 5 U.S.C. 552.
Expansion of this rule: One commenter expressed concern that a Navy
or Air Force base could be built in this area, and the safety zones
would be permanently activated, prohibiting people from ever entering
these areas. The Coast Guard has no knowledge of plans to build a Navy
or Air Force base in this area.
Stop the launches: One commenter asked the Coast Guard to stop
allowing the rocket launches, stating that they are harmful to local
land and ocean-dwelling wildlife. As discussed above, the Coast Guard
does not regulate, permit, nor oversee the launch activity, and so does
not make determinations regarding whether launches should or should not
occur. Rather, when the Coast Guard is notified that a launch will be
occurring, we create a safety zone near the launch site to avoid injury
and damage to people, vessels, and the marine environment, as much as
possible. Decisions regarding whether to permit rocket launches are
outside the scope of the Coast Guard's authority and the scope of this
rule.
V. Discussion of the Rule
The Coast Guard has analyzed this rule establishing safety zone
areas 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. The activation of the safety zone is
expected to be four to eight hours total per occurrence. 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. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
The permanent safety zones established by the Final Rule are
located within the Coast Guard Heartland District AOR in South Bay, TX
and offshore of Boca Chica Beach, TX in the Gulf of America. The rule
prohibits persons and vessels from being in the safety zones during
limited times around scheduled rocket launches, unless authorized by
the Captain of the Port, Sector Corpus Christi (COTP) or a designated
representative.
The safety zones cover an area of the South Bay, TX approximately
4.5 square miles in size, and an area of the Gulf of America offshore
of Boca Chica Beach,
[[Page 24129]]
TX approximately 115 square miles in size. The approximate coordinates
for the two safety zones are presented in the regulatory text at the
end of this document.
To the extent feasible, the COTP or a designated representative
will inform the public of the activation of the two safety zones by a
Notification of Enforcement (NOE) published in the Federal Register at
least 2 days before rocket launching activities. The NOE will identify
the approximate date(s) and timeframes during which rocket launching
activities will occur.
To the extent possible, twenty-four hours before rocket launching
activities, the COTP or designated representative will inform the
public of the activated safety zones (subject to enforcement) via
Broadcast Notice to Mariners on VHF-FM channel 16, and/or MSIB (as
appropriate). The BNM and MSIB will include the geographic coordinates
of the activated safety zones, a map identifying the location of the
activated safety zones, and information related to potential hazards
associated with rocket launching activities.
When the safety zone is activated, the COTP or a designated
representative will be able to restrict vessel movement including but
not limited to transiting, anchoring, or mooring within the safety zone
to protect vessels from hazards associated with rocket launching
activities. Once rocket launching activities have concluded, the COTP
or designated representative will issue a Broadcast Notice to Mariners
on VHF-FM channel 16 announcing the activated safety zones are no
longer subject to enforcement.
VI. 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. Vessel traffic will be able to safely
transit around this safety zone. This safety zone will only be enforced
for a few hours a few times per month. In addition, the Coast Guard
will issue a Broadcast Notice to Marines via VHF FM marine channel 16,
which will allow small entities to adjust their transit plans, and the
rule allows vessels to request permission to enter the zone from the
COTP.
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.
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 rule. If the 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.
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).
C. Collection of Information
This rule would not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. 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.
E. 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.
F. 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 involves the
establishment of two temporary safety zones for navigable waters in the
Gulf of America and South Bay, TX. The safety zones are needed to
protect personnel, vessels, and the marine environment from potential
hazards created by rocket launching activity that may include free
falling debris and/or descending vehicles or vehicle components under
various means of control. It is categorically excluded from further
review under paragraph L60(a), in 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.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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. 165.847 to read as follows:
Sec. 165.847 Safety Zones; Rocket Launches in the Gulf of America and
South Bay, Boca Chica Beach, TX.
(a) Location. The safety zone areas are described in paragraphs
(a)(1) and (2) of this section and the approximate locations are
displayed in figure 1 to this paragraph (a). All coordinates are based
on World Geodetic System (WGS) 84.
(1) Safety Zone A consists of all navigable waters of the Gulf of
America from the surface to bottom, encompassed by a line connecting
the following points beginning at Point 1A: 26[deg]2'36'' N,
097[deg]9'8'' W; thence to Point 2A: 26[deg]3'0'' N, 097[deg]7'0'' W;
thence to
[[Page 24130]]
Point 3A: 26[deg]7'48'' N, 096[deg]56'2.2'' W; thence south following
the 12NM line to the Maritime Boundary Line between the United States
of America and Mexico; thence west along the Maritime Boundary Line to
Point 4A: 25[deg]57'24.2'' N, 097[deg]8'49'' W; thence returning north
along the coast to Point 1. The area of Boca Chica Beach shoreward of
the Territorial Sea Baseline is not included in this safety zone,
however beach access during launches may be restricted by local
authorities.
(2) Safety Zone B consists of all navigable waters of South Bay,
from the surface to bottom, encompassed by a line connecting the
following points beginning at Point 1B: 26[deg]2'45'' N,
097[deg]11'6.3'' W; thence to Point 2B: 26[deg]2'45'' N,
097[deg]10'53.4'' W; thence clockwise along the coastline of South Bay
until returning back to Point 1B.
Figure 1 to Paragraph (a)--Approximate Safety Zone Locations (Refer to
GPS Coordinates for Specific Locations)
[GRAPHIC] [TIFF OMITTED] TR05MY26.000
(b) Definitions. As used in this section, designated representative
means a Coast Guard coxswain, petty officer, or other officer operating
a Coast Guard vessel and Federal, State, and local officer designated
by the Captain of the Port, Sector Corpus Christi (COTP) in the
enforcement of the safety zones.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zones described in
paragraph (a) of this section unless authorized by the COTP or a
designated representative. They may be contacted on Channel 16 VHF-FM
or by telephone at 1-800-874-2143.
(2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Notification of enforcement. (1) When time permits, the COTP or
a designated representative will inform the public of the activation of
the safety zones by Notification of Enforcement (NOE) published in the
Federal Register. The NOE will identify the approximate date(s) and
time(s) during which rocket launching activities would occur. Rocket
launch activities are often weather-dependent, and therefore alternate
dates and times may also be provided.
(2) The COTP or designated representative will inform the public
each time the safety zones are being activated via Broadcast Notice to
Mariners on VHF-FM channel 16 and by Marine Safety Information Safety
Bulletin (MSIB). The Coast Guard intends to provide this notice at
least twenty-four hours before rocket launching activities.
(3) Once rocket launching activities have concluded, the COTP or
designated representative will issue a Broadcast Notice to Mariners on
VHF-FM channel 16 announcing the safety zones are no longer subject to
enforcement.
Torrey Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2026-08732 Filed 5-4-26; 8:45 am]
BILLING CODE 9110-04-P
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