Arian Foster and Ed Reed could be in uniform and active Sept. 9 when the Texans begin their regular season with a Monday night primetime contest at San Diego.

Antonio Smith definitely won’t be.

The NFL denied Smith’s suspension appeal forcing the 10th-year defensive end to sit out the Texans’ final two preseason games and official 2013-14 opener against the Chargers.

Texans coach Gary Kubiak was disappointed in the ruling but unaware of the specific details because he’s been focusing on a Sunday matchup against the New Orleans Saints at Reliant Stadium.

NFL appeals officer Ted Cottrell made the decision to decline Smith’s appeal.