Rule2026-18855
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
September 15, 2026
Effective
September 15, 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 rockets at the Massey's test site. This rulemaking will prohibit persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port, Sector Corpus Christi.
Full Text
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<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Rules and Regulations]
[Pages 58377-58378]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18855]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-1159]
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 rockets at the
Massey's test site. This rulemaking will prohibit persons and vessels
from being in the safety zone unless specifically authorized by the
Captain of the Port, Sector Corpus Christi.
DATES: This rule is effective without actual notice from September 15,
2026 through October 31, 2026. For the purposes of enforcement, actual
notice will be used from September 4, 2026, until September 15, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1159.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact Lieutenant Commander 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#5c083531332834257216721f3d2e3839323d2f1c292f3f3b72313530"><span class="__cf_email__" data-cfemail="42162b2f2d362a3b6c086c01233026272c233102373121256c2f2b2e">[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. 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 the testing activities that create
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.
Because of these potential hazards, 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.
The Coast Guard is notified of these tests on a weekly basis, but it is
not determined if static fire or cryogenic testing will be conducted,
requiring activation of the safety zone, until hours before their
start. Therefore, we do not have enough time to solicit and respond to
comments. However, the Coast Guard has previously published a Notice of
Proposed Rulemaking to establish a permanent safety zone around this
site and is preparing a final rule for that project (90 FR 61112,
December 30, 2025, Docket number USCG-2025-0898). This temporary zone
is necessary to ensure safety on the Rio Grande River until the
permanent zone is established.
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.
III. Discussion of the Rule
This rule establishes a safety zone from September 4, 2026, through
October 31, 2026. The safety zone would cover all navigable waters
within a half mile radius of the testing facility located at
25[deg]57'09.0'' N, 97[deg]14'50.0'' W. The safety zone will only be
enforced during times when explosive or hazardous testing operations
are being conducted at the site. During those limited times, no vessel
or person would be permitted to enter the safety
[[Page 58378]]
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 analysis
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 et seq.), 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; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T08-1159 to read as follows:
Sec. 165.T08-1159 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 will be enforced anytime
between September 4, 2026, through October 31, 2026, when a company
conducts testing operations that involve explosive material within the
location described above. 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. 2026-18855 Filed 9-14-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 15, 2026.
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