9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0409]
RIN 1625-AA00
Safety Zone; Gulf of Mexico and South Bay, Boca Chica Beach, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing two temporary safety zones to protect
personnel, vessels, and the marine environment from potential hazards created by
commercial spaceflight activities. One safety zone is in the navigable waters of South
Bay TX and the other is in the navigable waters of the Gulf of Mexico, within 12 nautical
miles of the first. Entry of vessels or persons into these zones are prohibited unless
specifically authorized by the Captain of the Port, Sector Corpus Christi (COTP) or a
designated representative.
DATES: This rule is effective without actual notice from [INSERT DATE OF
PUBLICATION IN THE FEDERAL REGISTER] through June 17, 2024, and subject to
enforcement between the hours of 6 a.m. to noon, each day. For the purposes of
enforcement, actual notice will be used from June 5, 2024, through [INSERT DATE OF
PUBLICATION IN THE FEDERAL REGISTER] and subject to enforcement between
the hours of 6 a.m. to noon, each day.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0409 in the “SEARCH” box
and click "SEARCH." Click on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi
Waterways Management Division, U.S. Coast Guard; telephone 361-939-5130, e-mail
Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice and
opportunity to comment pursuant to 5 U.S.C. 553(b). This provision authorizes an agency
to issue a rule without prior notice and opportunity to comment when the agency for good
cause finds that those procedures are “impracticable, unnecessary, or contrary to the
public interest.” Under 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. Space Exploration Technologies Corporation (SpaceX) will
begin operation of its Starship/Super Heavy launch operations on June 5, 2024 and
continue each day through June 17, 2024. There is insufficient time between now and
then to provide notice of a proposal to create these safety zones, consider comments
received, and publish a final rule.
In addition, the Coast Guard finds that good cause also exists under 5 U.S.C.
553(d)(3) for making this rule effective less than 30 days after publication in the Federal
Register because the safety zones must be in effect in fewer than 30 days to serve their
purpose and it would be contrary to the public interest to delay their effective date until
after the hazardous activities begin.

III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The
Captain of the Port, Sector Corpus Christi (COTP) has determined that hazards inherent
in rocket launching activity necessitate provisions to protect personnel, vessels, and the
marine environment while it is taking place. The hazards inherent in SpaceX’s rocket
launching activities include the chance of being hit by free falling debris, descending
vehicles or vehicle components.
IV. Discussion of the Rule
This rule is subject to enforcement from 6 a.m. to noon., each day, from June 5,
2024 through June 17, 2024. No vessel or person will be permitted to enter the temporary
safety zones during the period in which the rule is subject to enforcement without
obtaining permission from the COTP or a designated representative, who may be
contacted on Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450. The
Coast Guard will issue Broadcast Notices to Mariners, Local Notices to Mariners, and/or
Safety Marine Information Broadcasts as appropriate.
V. 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, and we discuss First Amendment rights of protestors.
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 rule has not been designated a “significant
regulatory action,” under Executive Order 12866, as amended by Executive Order 14094
(Modernizing Regulatory Review). Accordingly, this rule 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 Mexico, offshore of Boca Chica Beach,
TX approximately 115 square miles in size. The temporary safety zones will be subject
to enforcement for a period of 6 hours a day, from June 5, 2024 through June 17, 2024.
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 rule will 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 V.A above, this rule
will not have a significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act
of 1996 (Public Law 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
contact 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 rule will 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
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 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 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section above.
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 rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security Directive
023-01 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 establishment of two temporary safety zones for
navigable waters in the Gulf of Mexico and South Bay. 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(c), in Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration is available
for viewing in the docket. For instructions on how to locate it, see the section headed
"ADDRESSES," above.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters. Protesters are
asked to contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or vessels.
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
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.
2. Add § 165.T08-0409 to read as follows:
§ 165.T08-0409 Safety Zones; Gulf of Mexico and South Bay, Boca Chica Beach, TX
(a) Location. The following areas are safety zones: Safety Zone A consists of all
navigable waters of the Gulf of Mexico, from the surface to bottom, encompassed by a
line connecting the following points beginning at Point 1: 26°2′36″ N 097°9′8″W, thence
to Point 2: 26°3′0″ N 097°7′10″W, thence to Point 3: 26°7′0″ N 097°57′0″W, thence to
Point 4: 26°6′54″ N 096°55′46″W, thence following the 12NM line to United States of
America/Mexico Maritime Boundary Line, thence following the United States of
America/Mexico Maritime Boundary Line to Point 5: 25°57′24.2″ N 097°8′49″W, thence
following the coast to Point 1. 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 6: 26°2′45″ N 097°11′6.3″W, thence to Point 7: 26°2′45″ N
097°10′53.4″W, thence following the coastline to Point 6. These coordinates are based on
World Geodetic System (WGS) 84.
(b) Enforcement period. This section will be subject to enforcement from 6 a.m.
to noon on each day, from June 5, 2024, through June 17, 2024.
(c) Regulations. (1) In accordance with the general regulations in § 165.23 of this
part, entry into the temporary safety zones described in paragraph (a) of this section is
prohibited unless authorized by the Captain of the Port, Sector Corpus Christi (COTP) or

a designated representative. They may be contacted on Channel 16 VHF-FM (156.8
MHz) 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) Information broadcasts. The COTP or a designated representative will inform
the public of the enforcement times and date for this safety zone through Broadcast
Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information
Broadcasts as appropriate.

Dated: May 24, 2024.

Jason Gunning
Captain, U.S. Coast Guard,
Captain of the Port, Sector Corpus Christi.
[FR Doc. 2024-12330 Filed: 6/5/2024 8:45 am; Publication Date: 6/6/2024]