[Federal Register Volume 90, Number 93 (Thursday, May 15, 2025)]
[Proposed Rules]
[Pages 20572-20575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08686]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish two permanent safety
zones to protect personnel, vessels, and the marine environment from
potential hazards created by commercial spaceflight activities. The
proposed permanent safety zones are located in navigable waters of
South Bay, TX and in navigable waters of the Gulf of America. This
proposed rulemaking would prohibit 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. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 16, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0332 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Timothy Cardenas, Sector
Corpus Christi Waterways Management Division, U.S. Coast Guard;
telephone 361-939-5130, email [email protected].
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 Notice 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
II. Background, Purpose, and Legal Basis
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 launch
operations and waterway users. During this engagement, SpaceX, a U.S.
company, informed the Coast Guard of areas within U.S. navigable waters
of the
[[Page 20573]]
Coast Guard Eighth District's area of responsibility (AOR) in South
Bay, TX and offshore of Boca Chica Beach, TX in the Gulf of America,
that may become hazardous and be impacted by planned future launch
activities.
In response to recent SpaceX activities the Coast Guard has
published eight temporary final rules in the Federal Register (such as
87 FR 23441) for anticipated rocket launching operations within the
Coast Guard District Eight 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.
The purpose of this proposed rulemaking is to ensure 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 Coast Guard is proposing this rulemaking under the
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish two permanent safety
zones in navigable waters of the U.S. for the potential safety hazards
associated with the launch of spacecraft over the waters of South Bay,
TX and the Gulf of America.
The proposed permanent safety zones are located within the Coast
Guard District Eight AOR in South Bay, TX and offshore of Boca Chica
Beach, TX in the Gulf of America. The proposed rule would prohibit
persons and vessels from being in the safety zone 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, 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
would inform the public of the activation of the two safety zones by a
Notice of Enforcement (NOE) published in the Federal Register at least
2 days before rocket launching activities. The NOE would identify the
approximate date(s) and timeframes during which rocket launching
activities would occur.
To the extent possible, twenty-four hours before rocket launching
activities, the COTP or designated representative would 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 would 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 would 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 would issue a Broadcast Notice to Mariners
on VHF-FM channel 16 announcing the activated safety zones are no
longer subject to enforcement.
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. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zones. 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 Boca Chica Beach, TX
approximately 115 square miles in size. This section will be subject to
enforcement 4 to 8 hours each day, with rocket launching currently
expected to be twice a month. The rule does not completely prohibit
vessel traffic within the waterway, and it allows mariners to request
permission to enter the zones.
B. 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. 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.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
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 rule would economically affect it.
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 proposed rule. If the proposed 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 on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
[[Page 20574]]
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. 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 made
a preliminary determination 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 involves
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. Normally such actions are categorically
excluded from further review under paragraph L60(a), in Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. For
instructions on locating the docket, see the section headed ADDRESSES
above. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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 Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0332 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 https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov 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
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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. 01.3.
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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 following areas are safety zones, 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 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.
(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.
(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 COTP in the enforcement of the safety zones.
[[Page 20575]]
(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) unless authorized by the Captain of the Port, Corpus
Christi (COTP) or a designated representative. They may be contacted on
Channel 16 VHF-FM or by telephone at 361-939-0450.
(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) To the extent feasible, the
COTP or a designated representative will inform the public of the
activation of the safety zones by Notice of Enforcement (NOE) published
in the Federal Register at least 2 days before rocket launching
activities. The NOE would identify the approximate date(s) and time(s)
during which rocket launching activities would occur.
(2) 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 Marine Safety
Information Safety Bulletin (MSIB) (as appropriate).
(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.
Dated: April 17, 2025.
Torrey Bertheau,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2025-08686 Filed 5-14-25; 8:45 am]
BILLING CODE 9110-04-P