33 C.F.R. § 165.939

Current through September 30, 2024

Section 165.939 - Safety Zones; Annual Events in the Captain of the Port 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 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 Eastern Great Lakes or his designated on-scene representative.

(3) The "on-scene representative" of the Captain of the Port Eastern Great Lakes is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port 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 Eastern Great Lakes or his on-scene representative to obtain permission to do so. The Captain of the Port 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 Eastern 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 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 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 Eastern 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 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 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 Fish	Vermillion, 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 Celebration	Syracuse, 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, NY	The last weekend of June.
(3) Rochester Harbor and Carousel Festival	Rochester, 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, NY	The 4th Monday of June.
(4) Seneca River Days	Baldwinsville, 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, NY	The 2nd weekend of June.
(5) Flagship Niagara Mariner's Ball Fireworks	Erie, 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" W	The 1st weekend in June.
(6) Hope Chest Buffalo Niagara Dragon Boat Festival	Buffalo, 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 origin	The 3rd weekend in June.
(7) Blazing Paddles	Cleveland, 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" W	On or around the 3rd weekend of June.
(8) Boaters Against Cancer Fireworks	Kendall, 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, NY	On or around the last weekend of June.
(b) July Safety Zones
(1) Cleveland Triathlon	Cleveland, 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" W	The 4th or 5th Sunday in July.
(2) Roverfest Fireworks Display	Cleveland, 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" W	The 2nd or 3rd weekend in July.
(3) High Speed Boat Races	Fairport, 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" W	The 3rd weekend in July.
(4) Downtown Cleveland Alliance July 4th Fireworks	Cleveland, 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 20	On or around the 4th of July.
(5) Mentor Harbor Yacht Club Fireworks	Mentor, 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" W	On or around the 4th of July.
(6) Parade of Lights	Cleveland, 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" W	The 3rd or 4th weekend in July.
(7) Lorain Independence Day Celebration	Lorain, 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" W	On or around the 4th of July.
(8) Conneaut Festival	Conneaut, 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" W	On or around the 4th of July.
(9) Fairport Harbor Mardi Gras	Fairport, 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" W	On or around the 4th of July.
(10) Sheffield Lake Community Days	Sheffield 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" W	The 2nd weekend in July.
(11) Bay Village Independence Day Celebration	Bay 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" W	On or around the 4th of July.
(12) Lake Erie Open Water Swim	Cleveland, 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 shore	The 2nd or 3rd weekend in July.
(13) Boldt Castle 4th of July Fireworks	Heart 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, NY	On or around the 4th of July.
(14) Clayton Chamber of Commerce Fireworks	Calumet 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, NY	On or around the 4th of July.
(15) French Festival Fireworks	Cape 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, NY	The 2nd weekend of July.
(16) Lyme Community Days	Chaumont, 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, NY	The 4th weekend of July.
(17) Village Fireworks	Sackets 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, NY	On or around the 4th of July.
(18) Can-Am Festival	Sackets 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, NY	The 3rd weekend of July.
(19) Brewerton Fireworks	Brewerton, 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, NY	On or around the 4th of July.
(20) Celebrate Baldwinsville Fireworks	Baldwinsville, 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, NY	The 1st weekend of July.
(21) Island Festival Fireworks	Baldwinsville, 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, NY	The 1st weekend of July.
(22) Village Fireworks	Sodus 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, NY	On or around the 4th of July.
(23) A Salute to our Heroes	Hamlin 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, NY	The 1st weekend in July.
(24) Olcott Fireworks	Olcott, 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, NY	On or around the 4th of July.
(25) North Tonawanda Fireworks	North 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, NY	On or around the 4th of July.
(26) Tonawanda's Canal Fest Fireworks	Tonawanda, 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, NY	The 4th Sunday of July.
(27) Tom Graves Memorial Fireworks	Port 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, NY	On or around the 3rd of July.
(28) Oswego Harborfest, Oswego, NY	Oswego, 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" W	The last week of July.
(29) Oswego Independence Day Celebration Fireworks	Oswego, 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" W	On or around the 4th of July.
(30) Wine and Walleye Festival Fireworks	Ashtabula, 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, OH	On or around the last weekend of July.
(31) City of Erie 4th of July Fireworks	Erie, 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, PA	On or around the 4th of July.
(32) Buffalo Italian Fest	Buffalo, 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, NY	On or around 2nd or 3rd weekend of July.
(33) Hamburg Beach Blast	Hamburg, 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, NY	On or around the last weekend of July.
(34) Christmas in July Fireworks	Henderson 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, NY	On or around the last weekend of July.
(c) August Safety Zones
(1) Whiskey Island Paddlefest	Cleveland, 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 Conneaut	Conneaut, 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 origin	The 3rd weekend in August.
(3) Celebrate Erie Fireworks	Erie, 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, PA	The 3rd weekend of August.
(4) Thunder on the Niagara Hydroplane Boat Races	North 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 origin	The 2nd weekend of August.
(5) Ski Show Sylvan Beach	Sylvan 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 origin	On or around the 2nd or 3rd weekend of August.
(6) Great Lakes Offshore Grand Prix	Dunkirk, 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" W	On or around the 2nd or 3rd weekend of August.
(d) September Safety Zones
(1) Madison Light Up the Park	Madison 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 Airshow	Cleveland, 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 Cuyahoga	Cleveland, 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 River	The 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.]

33 C.F.R. §165.939

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

82 FR 37520, 8/11/2017; 83 FR 25572, 7/5/2018; 84 FR 25994, 7/5/2019; USCG-2023-0309, 88 FR 48735, 7/28/2023; 88 FR 87930, 12/20/2023