eLaws | eCases | United States Code | Federal Courts |
 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 33 - Navigation and Navigable Waters
 Chapter I—Coast Guard, Department of Homeland Security
 SubChapter P—Ports and Waterways Safety
 Part 165 - Regulated Navigation Areas and Limited Access Areas
 Subpart F - Specific Regulated Navigation Areas and Limited Access Areas
 Ninth Coast Guard District

  § 165.939 - Safety Zones; Annual Events in the Captain of the Port Eastern Great Lakes Zone.  

Latest version.

  • § 165.939 Safety Zones; Annual Events in the Captain of the Port Buffalo Eastern Great Lakes Zone.

    (a) Regulations.

    (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo Eastern Great Lakes or his designated on-scene representative.

    (2) These safety zones are closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo Eastern Great Lakes or his designated on-scene representative.

    (3) The “on-scene representative” of the Captain of the Port Buffalo Eastern Great Lakes is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo Eastern Great Lakes to act on his behalf.

    (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo Eastern Great Lakes or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo Eastern Great Lakes or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port BuffaloEastern Great Lakes, or his on-scene representative.

    (5) The enforcement dates and times for each of the safety zones listed in Table 165.939 are subject to change, but the duration of enforcement would remain the same or nearly the same total number of hours as stated in the table. In the event of a change, the Captain of the Port Buffalo Eastern Great Lakes will provide notice to the public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariners.

    (b) Definitions. The following definitions apply to this section:

    (1) Designated representative means any Coast Guard commissioned, warrant, or petty officers designated by the Captain of the Port Buffalo Eastern Great Lakes to monitor a safety zone, permit entry into a safety zone, give legally enforceable orders to persons or vessels within a safety zone, and take other actions authorized by the Captain of the Port BuffaloEastern Great Lakes.

    (2) Public vessel means a vessel that is owned, chartered, or operated by the United States, or by a State or political subdivision thereof.

    (3) Rain date refers to an alternate date and/or time in which the safety zone would be enforced in the event of inclement weather.

    (c) Suspension of enforcement. The Captain of the Port Buffalo Eastern Great Lakes may suspend enforcement of any of these zones earlier than listed in this section. Should the Captain of the Port suspend any of these zones earlier than the listed duration in this section, he or she may make the public aware of this suspension by Broadcast Notice to Mariners and/or on-scene notice by his or her designated representative.

    (d) Exemption. Public vessels, as defined in paragraph (b) of this section, are exempt from the requirements in this section.

    (e) Waiver. For any vessel, the Captain of the Port Buffalo Eastern Great Lakes or his or her designated representative may waive any of the requirements of this section upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical for the purposes of safety or security.

    Table 165.939

    Event Location1 Enforcement date and time2
    (a) June Safety Zones
    (1) Festival of the FishVermillion, OH. All U.S. waters within a 420 foot radius of the fireworks launch site located at position 41°25′45″ N and 082°21′54″ W, (NAD 83)The 3rd Saturday in June.
    (2) City of Syracuse Fireworks CelebrationSyracuse, NY. All U.S. waters of Onondaga Lake within a 350 foot radius of land position 43°03′37.0″ N, 076°09′59.0″ W in Syracuse, NYThe last weekend of June.
    (3) Rochester Harbor and Carousel FestivalRochester, NY. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 43°15′40.2″ N, 077°36′05.1″ W in Rochester, NYThe 4th Monday of June.
    (4) Seneca River DaysBaldwinsville, NY. All U.S. waters of the Seneca River within an 840 foot radius of land position 43°09′25.0″ N, 076°20′21.0″ W in Baldwinsville, NYThe 2nd weekend of June.
    (5) Flagship Niagara Mariner's Ball FireworksErie, PA. All waters of Presque Isle Bay, Erie, PA within a 350-foot radius from the launch site located at position 42°08′22.5″ N, 080°05′15.6″ WThe 1st weekend in June.
    (6) Hope Chest Buffalo Niagara Dragon Boat FestivalBuffalo, NY. All waters of the Buffalo River, Buffalo, NY starting at position 42°52′12.0″ N, 078°52′17.0″ W then Southeast to 42°52′03.0″ N, 078°52′12.0″ W then East to 42°52′03.0″ N, 078°52′10.0″ W then Northwest to 42°52′13.0″ N, 078°52′16.0″ W and then returning to the point of originThe 3rd weekend in June.
    (7) Blazing PaddlesCleveland, OH. All waters of the Cuyahoga River in Cleveland OH, beginning at position 41°29′36″ N, 081°42′13″ W to the turnaround point at position 41°27′53″ N,081°40′38″ WOn or around the 3rd weekend of June.
    (8) Boaters Against Cancer FireworksKendall, NY. All waters of Lake Ontario contained within a 210 foot radius of the fireworks launch site located at 43°22′02.04″ N, 078°01′48.06″ W in Kendall, NYOn or around the last weekend of June.
    (b) July Safety Zones
    (1) Cleveland TriathlonCleveland, OH. All U.S. waters of Lake Erie at North Coast Harbor, Cleveland, OH within 100 feet of a line starting at position 41°30′34.6″ N and 081°41′51.3″ W extending in a straight line to the East Basin Breakwall at position 41°30′51.8″ N and 081°42′08.5″ WThe 4th or 5th Sunday in July.
    (2) Roverfest Fireworks DisplayCleveland, OH. All U.S. waters of Lake Erie, Cleveland, OH within a 280 foot radius from position 41°30′34.23″ N and 081°08′55.73″ WThe 2nd or 3rd weekend in July.
    (3) High Speed Boat RacesFairport, OH. All U.S. waters of Lake Erie, off of Headlands Beach State Park, Fairport, OH inside an area starting on shore at position 41°44′33″ N, 081°19′14″ W extending NW in a straight line to position 41°45′00″ N, 081°19′35″ W, then NE in a straight line to position 41°45′59″ N, 081°17′30″ W, and SE back to the shore at position 41°45′43″ N, 081°17′08″ WThe 3rd weekend in July.
    (4) Downtown Cleveland Alliance July 4th FireworksCleveland, OH. All U.S. waters of Lake Erie and Cleveland Harbor within a 1,000-foot radius of land position 41°30′10″ N, 081°42′36″ W (NAD 83) at Dock 20On or around the 4th of July.
    (5) Mentor Harbor Yacht Club FireworksMentor, OH. All U.S. waters of Lake Erie and Mentor Harbor within a 700 foot radius of land position 41°43′36″ N, 081°21′09″ WOn or around the 4th of July.
    (6) Parade of LightsCleveland, OH. All U.S. waters within 25 feet of the vessels participating in the Cleveland Parade of Lights in the Cuyahoga River. The safety zone will move with participating vessels as they transit from the mouth of the Cuyahoga River in the vicinity of position 41°29′59″ N, 081°43′31″ W, to Merwin's Wharf in the vicinity of 41°29′23″ N, 081°42′16″ W, and returning to the mouth of the Old River at 41°29′55″ N, 081°42′18″ WThe 3rd or 4th weekend in July.
    (7) Lorain Independence Day CelebrationLorain, OH. All U.S. waters within a 700 foot radius of the fireworks launch site located at position 41°28′35.42″ N and 082°10′51.28″ WOn or around the 4th of July.
    (8) Conneaut FestivalConneaut, OH. All U.S. waters within a 570 foot radius of the fireworks launch site located at position 41°58′00.43″ N and 080°33′34.93″ WOn or around the 4th of July.
    (9) Fairport Harbor Mardi GrasFairport, OH. All U.S. waters within a 275 foot radius of the fireworks launch site located at position 41°45′29.55″ N and 081°16′19.97″ WOn or around the 4th of July.
    (10) Sheffield Lake Community DaysSheffield Lake, OH. All U.S. waters of Lake Erie and Sheffield Lake Boat ramp within a 350 foot radius of land position 41°29′27.65″ N, 082°6′47.71″ WThe 2nd weekend in July.
    (11) Bay Village Independence Day CelebrationBay Village, OH. All U.S. waters within a 560 foot radius of the fireworks launch site located at position 41°29′23.9″ N and 081°55′44.5″ WOn or around the 4th of July.
    (12) Lake Erie Open Water SwimCleveland, OH. All U.S. waters of Lake Erie, south of a line drawn between positions 41°29′30″ N, 081°44′21″ W and 41°29′21″ N, 081°45′04″ W to the shoreThe 2nd or 3rd weekend in July.
    (13) Boldt Castle 4th of July FireworksHeart Island, NY. All U.S. waters of the Saint Lawrence River within a 1,120 foot radius of land position 44°20′38.5″ N, 075°55′19.1″ W at Heart Island, NYOn or around the 4th of July.
    (14) Clayton Chamber of Commerce FireworksCalumet Island, NY. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 44°15′04.0″ N, 076°05′40″ W at Calumet Island, NYOn or around the 4th of July.
    (15) French Festival FireworksCape Vincent, NY. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 44°07′54.6.0″ N, 076°20′01.3″ W in Cape Vincent, NYThe 2nd weekend of July.
    (16) Lyme Community DaysChaumont, NY. All U.S. waters of Chaumont Bay within a 560 foot radius of land position 44°04′06.3″ N, 076°08′56.8″ W in Chaumont, NYThe 4th weekend of July.
    (17) Village FireworksSackets Harbor, NY. All U.S. waters of Black River Bay within an 840 foot radius of land position 43°56′51.9″ N, 076°07′46.9″ W in Sackets Harbor, NYOn or around the 4th of July.
    (18) Can-Am FestivalSackets Harbor, NY. All U.S. waters of Black River Bay within a 1,120 foot radius of land position 43°57′15.9″ N, 076°06′39.2″ W in Sackets Harbor, NYThe 3rd weekend of July.
    (19) Brewerton FireworksBrewerton, NY. All U.S. waters of Lake Oneida within an 840 foot radius of the barge at position 43°14′16.4″ N, 076°08′03.6″ W in Brewerton, NYOn or around the 4th of July.
    (20) Celebrate Baldwinsville FireworksBaldwinsville, NY. All U.S. waters of the Seneca River within a 700 foot radius of land position 43°09′24.9″ N, 076°20′18.9″ W in Baldwinsville, NYThe 1st weekend of July.
    (21) Island Festival FireworksBaldwinsville, NY. All U.S. waters of the Seneca River within a 1,120 foot radius of land position 43°09′22.0″ N, 076°20′15.0″ W in Baldwinsville, NYThe 1st weekend of July.
    (22) Village FireworksSodus Point, NY. All U.S. waters of Sodus Bay within a 1,120 foot radius of land position 43°16′28.7″ N, 076°58′27.5″ W in Sodus Point, NYOn or around the 4th of July.
    (23) A Salute to our HeroesHamlin Beach State Park, NY. All U.S. waters of Lake Ontario within a 560 foot radius of land position 43°21′51.9″ N, 077°56′59.6″ W in Hamlin, NYThe 1st weekend in July.
    (24) Olcott FireworksOlcott, NY. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 43°20′23.6″ N, 078°43′09.5″ W in Olcott, NYOn or around the 4th of July.
    (25) North Tonawanda FireworksNorth Tonawanda, NY. All U.S. waters of the East Niagara River within a 1,400 foot radius of land position 43°01′39.6″ N, 078°53′07.5″ W in North Tonawanda, NYOn or around the 4th of July.
    (26) Tonawanda's Canal Fest FireworksTonawanda, NY. All U.S. waters of the East Niagara River within a 210 foot radius of land position 43°01′17.8″ N, 078°52′40.9″ W in Tonawanda, NYThe 4th Sunday of July.
    (27) Tom Graves Memorial FireworksPort Bay, NY. All waters of Port Bay, NY, within a 840 foot radius of the barge located in position 43°17′52.4″ N, 076°49′55.7″ W in Port Bay, NYOn or around the 3rd of July.
    (28) Oswego Harborfest, Oswego, NYOswego, NY. All waters of Oswego Harbor, Oswego, NY contained within a 700 foot radius of position 43°28′06.9″ N, 076°31′08.1″ W along with a 350 foot radius of the breakwall between positions 43°27′53.0″ N, 076°31′25.3″ W then Northeast to 43°27′58.6″ N, 076°31′12.1″ WThe last week of July.
    (29) Oswego Independence Day Celebration FireworksOswego, NY. All waters of Lake Ontario, Oswego, NY within a 490-foot radius from the launch site located at position 43°27′55.8″ N, 076°30′59.0″ WOn or around the 4th of July.
    (30) Wine and Walleye Festival FireworksAshtabula, OH. All waters within a 280 foot radius of the fireworks launch site located at position 41°54′06″ N, 080°47′49″ W, Ashtabula, OHOn or around the last weekend of July.
    (31) City of Erie 4th of July FireworksErie, PA. All waters of Lake Erie contained within a 280 foot radius of the fireworks launch site located at 42°08′17.13″ N, 080°05′30.17″ W in Erie, PAOn or around the 4th of July.
    (32) Buffalo Italian FestBuffalo, NY. All waters of Lake Erie contained within a 420 foot radius of 42°52′04.23″ N, 078°53′00.67″ W in Buffalo, NYOn or around 2nd or 3rd weekend of July.
    (33) Hamburg Beach BlastHamburg, NY. All waters of Lake Erie contained within a 280 foot radius of 42°45′59.21″ N, 078°52′41.51″ W in Hamburg, NYOn or around the last weekend of July.
    (34) Christmas in July FireworksHenderson Harbor, NY. All waters within a 420-foot radius of the barge at position 43°86′66″ N, 076°20′97″ W in Henderson Harbor, NYOn or around the last weekend of July.
    (c) August Safety Zones
    (1) Whiskey Island PaddlefestCleveland, OH. All U.S. waters of Lake Erie; Cleveland Harbor, from 41°29′59.5″ N and 081°42′59.3″ W to 41°30′4.4″ N and 081°42′44.5″ W to 41°30′17.3″ N and 081°43′0.6″ W to 41°30′9.4″ N and 081°43′2.0″ W to 41°29′54.9″ N and 081°43′34.4″ W to 41°30′0.1″ N and 081°43′3.1″ W and back to 41°29′59.5″ N and 081°42′59.3″ W (NAD 83)The 3rd or 4th weekend in August.
    (2) D-Day ConneautConneaut, OH. All U.S. waters of Conneaut Township Park, Lake Erie, within an area starting at 41°57.71′ N, 080°34.18′ W, to 41°58.36′ N, 080°34.17′ W, then to 41°58.53′ N, 080°33.55′ W, to 41°58.03′ N, 080°33.72′ W (NAD 83), and returning to the point of originThe 3rd weekend in August.
    (3) Celebrate Erie FireworksErie, PA. All U.S. waters of Presque Isle Bay within an 800 foot radius of land position 42°08′19.0″ N, 080°05′29.0″ W in Erie, PAThe 3rd weekend of August.
    (4) Thunder on the Niagara Hydroplane Boat RacesNorth Tonawanda, NY. All U.S. waters of the Niagara River near the North Grand Island Bridge, encompassed by a line starting at 43°03′32.9″ N, 078°54′46.9″ W to 43°03′14.6″ N, 078°55′16.0″ W then to 43°02′39.7″ N, 078°54′13.1″ W then to 43°02′59.9″ N, 078°53′42.0″ W and returning to the point of originThe 2nd weekend of August.
    (5) Ski Show Sylvan BeachSylvan Beach, NY. All waters where Fish Creek meets Oneida Lake starting at position 43°11′36.6″ N, 75°43′53.8″ W then South to 43°11′33.7″ N, 75°43′51.2″ W then East to 43°11′42.4″ N, 75°43′38.6″ W then North to 43°11′44.5″ N, 75°43′39.7″ W then returning to the point of originOn or around the 2nd or 3rd weekend of August.
    (6) Great Lakes Offshore Grand PrixDunkirk, NY. All waters of Lake Erie starting at position 42°29′37.7″ N, 079°21′17.7″ W then Northwest to 42°29′45.2″ N, 079°21′28.2″ W then Northeast to 42°30′15.0″ N, 079°21′20.0″ W then Northeast to 42°30′39.0″ N, 079°19′46.0″ W then Southeast to 42°30′09.3″ N, 079°19′03.1″ WOn or around the 2nd or 3rd weekend of August.
    (d) September Safety Zones
    (1) Madison Light Up the ParkMadison Township, OH. All U.S. waters of Lake Erie, within a 210 ft radius of position 41°50′17″ N and 081°02′51″ W (NAD 83)The 1st weekend in September.
    (2) Cleveland National AirshowCleveland, OH. All U.S. waters of Lake Erie and Cleveland Harbor (near Burke Lakefront Airport) from position 41°30′20″ N and 081°42′20″ W to 41°30′50″ N and 081°42′49″ W, to 41°32′09″ N and 081°39′49″ W, to 41°31′53″ N and 081°39′24″ W, then return to the original position (NAD 83)The Wednesday before Labor Day through Labor Day.
    (3) Head of the CuyahogaCleveland, OH. All U.S. waters of the Cuyahoga River, between a line drawn perpendicular to the river banks from position 41°29′55″ N, 081°42′23″ W (NAD 83) just past the Detroit-Superior Viaduct bridge at MM 1.42 of the Cuyahoga River south to a line drawn perpendicular to the river banks at position 41°28′32″ N, 081°40′16″ W (NAD 83) just south of the Interstate 490 bridge at MM 4.79 of the Cuyahoga RiverThe 3rd weekend in September.

    1 All coordinates listed in Table 165.929 reference Datum NAD 1983.

    2 As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change. In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariner.]

    [USCG–2017–1112, 83 FR 25572, June 4, 2018, as amended by USCG–2019–0121, 84 FR 25994, June 5, 2019; USCG–2023–0309, 88 FR 48735, July 28, 2023; 88 FR 87930, Dec. 20, 2023]