Code of Federal Regulations (alpha)

CFR /  Title 33  /  Part 165  /  Sec. 165.939 Safety Zones; Annual Events in the Captain of the

(a) Safety Zones. The following are designated as safety zones. The enforcement dates and times for each of the safety zones listed in this section are subject to change, but the duration of enforcement would remain the same or nearly the same as the total number of hours as published. In the event of a change, the Captain of the Port Sector Buffalo 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.

(1) Boldt Castle 4th of July Fireworks, Heart Island, NY. (i) Location. All U.S. waters of the Saint Lawrence River within a 1,120 foot radius of land position 442038.5" N, 0755519.1" W (NAD 83) at Heart Island, NY.

(i) Location. All U.S. waters of the Saint Lawrence River within a 1,120 foot radius of land position 442038.5" N, 0755519.1" W (NAD 83) at Heart Island, NY.

(ii) Enforcement period. July 4 from 8:30 p.m. to 10:30 p.m. each year.

(2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY. (i) Location. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 441504" N, 0760540" W (NAD 83) at Calumet Island, NY.

(i) Location. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 441504" N, 0760540" W (NAD 83) at Calumet Island, NY.

(ii) Enforcement period. July 3 from 9 p.m. to 11:30 p.m. of each year.

(3) French Festival Fireworks, Cape Vincent, NY. (i) Location. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 440754.6" N, 0762001.3" W (NAD 83) in Cape Vincent, NY.

(i) Location. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 440754.6" N, 0762001.3" W (NAD 83) in Cape Vincent, NY.

(ii) Enforcement period. The second weekend of July from 9:15 p.m. to 11 p.m. each year.

(4) Lyme Community Days, Chaumont, NY. (i) Location. All U.S. waters of Chaumont Bay within a 560 foot radius of position 440406.3" N, 0760856.8" W (NAD 83) in Chaumont, NY.

(i) Location. All U.S. waters of Chaumont Bay within a 560 foot radius of position 440406.3" N, 0760856.8" W (NAD 83) in Chaumont, NY.

(ii) Enforcement period. The fourth weekend of July from 8:30 p.m. to 11 p.m. each year.

(5) Village Fireworks, Sackets Harbor, NY. (i) Location. All U.S. waters of Black River Bay within an 840 foot radius of position 435651.9" N, 0760746.9" W (NAD 83) in Sackets Harbor, NY.

(i) Location. All U.S. waters of Black River Bay within an 840 foot radius of position 435651.9" N, 0760746.9" W (NAD 83) in Sackets Harbor, NY.

(ii) Enforcement period. July 4 from 8:30 p.m. to 10:30 p.m. each year.

(6) Can-Am Festival, Sackets Harbor, NY. (i) Location. All U.S. waters of Black River Bay within a 1,120 foot radius of position 435715.9" N, 0760639.2" W (NAD 83) in Sackets Harbor, NY.

(i) Location. All U.S. waters of Black River Bay within a 1,120 foot radius of position 435715.9" N, 0760639.2" W (NAD 83) in Sackets Harbor, NY.

(ii) Enforcement period. The third weekend of July from 9 p.m. to 10:45 p.m. each year.

(7) Oswego Harborfest, Oswego, NY. (i) Location. All U.S. waters of Lake Ontario within a 1,000 foot radius of position 432810" N, 0763104" W (NAD 83) in Oswego, NY.

(i) Location. All U.S. waters of Lake Ontario within a 1,000 foot radius of position 432810" N, 0763104" W (NAD 83) in Oswego, NY.

(ii) Enforcement period. The last Saturday of July from 9 to 10:30 p.m. each year.

(8) Brewerton Fireworks, Brewerton, NY. (i) Location. All U.S. waters of Lake Oneida within an 840 foot radius of barge position 431416.4" N, 0760803.6" W (NAD 83) in Brewerton, NY.

(i) Location. All U.S. waters of Lake Oneida within an 840 foot radius of barge position 431416.4" N, 0760803.6" W (NAD 83) in Brewerton, NY.

(ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. each year.

(9) Celebrate Baldwinsville Fireworks, Baldwinsville, NY. (i) Location. All U.S. waters of the Seneca River within a 700 foot radius of land position 430924.9" N, 0762018.9" W (NAD 83) in Baldwinsville, NY.

(i) Location. All U.S. waters of the Seneca River within a 700 foot radius of land position 430924.9" N, 0762018.9" W (NAD 83) in Baldwinsville, NY.

(ii) Enforcement period. The first weekend of July from 9 p.m. to 11 p.m. each year.

(10) Island Festival Fireworks, Baldwinsville, NY. (i) Location. All U.S. waters of the Seneca River within a 1,120 foot radius of land position 430922" N, 0762015" W (NAD 83) in Baldwinsville, NY.

(i) Location. All U.S. waters of the Seneca River within a 1,120 foot radius of land position 430922" N, 0762015" W (NAD 83) in Baldwinsville, NY.

(ii) Enforcement period. The first weekend of July from 9:30 p.m. to 11 p.m. each year.

(11) Seneca River Days, Baldwinsville, NY. (i) Location. All U.S. waters of the Seneca River within an 840 foot radius of land position 430925" N, 0762021" W (NAD 83) in Baldwinsville, NY.

(i) Location. All U.S. waters of the Seneca River within an 840 foot radius of land position 430925" N, 0762021" W (NAD 83) in Baldwinsville, NY.

(ii) Enforcement period. The second weekend of July from 9 p.m. to 10:30 p.m. each year.

(12) City of Syracuse Fireworks Celebration, Syracuse, NY. (i) Location. All U.S. waters of Onondaga Lake within a 350 foot radius of land position 430337" N, 0760959" W (NAD 83) in Syracuse, NY.

(i) Location. All U.S. waters of Onondaga Lake within a 350 foot radius of land position 430337" N, 0760959" W (NAD 83) in Syracuse, NY.

(ii) Enforcement period. The last weekend of June from 9:30 p.m. to 10:30 p.m. each year.

(13) Tom Graves Memorial Fireworks, Port Bay, NY. (i) Location. All U.S. waters of Port Bay within an 840 foot radius of barge position 431814.8" N, 0765017.3" W (NAD 83) in Port Bay, NY.

(i) Location. All U.S. waters of Port Bay within an 840 foot radius of barge position 431814.8" N, 0765017.3" W (NAD 83) in Port Bay, NY.

(ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. of each year.

(14) Village Fireworks, Sodus Point, NY. (i) Location. All U.S. waters of Sodus Bay within a 1,120 foot radius of land position 431628.7" N, 0765827.5" W (NAD 83) in Sodus Point, NY.

(i) Location. All U.S. waters of Sodus Bay within a 1,120 foot radius of land position 431628.7" N, 0765827.5" W (NAD 83) in Sodus Point, NY.

(ii) Enforcement period. July 3 from 9:30 p.m. to 10:30 p.m. each year.

(15) Rochester Harbor and Carousel Festival, Rochester, NY. (i) Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 431540.2" N, 0773605.1" W (NAD 83) in Rochester, NY.

(i) Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 431540.2" N, 0773605.1" W (NAD 83) in Rochester, NY.

(ii) Enforcement period. The fourth Monday of June from 8 p.m. to 10 p.m. each year.

(16) A Salute to our Heroes, Hamlin Beach State Park, NY. (i) Location. All U.S. waters of Lake Ontario within a 560 foot radius of land position 432151.9" N, 0775659.6" W (NAD 83) in Hamlin, NY.

(i) Location. All U.S. waters of Lake Ontario within a 560 foot radius of land position 432151.9" N, 0775659.6" W (NAD 83) in Hamlin, NY.

(ii) Enforcement period. The first weekend of July from 9:45 p.m. to 11:30 p.m. each year.

(17) Olcott Fireworks, Olcott, NY. (i) Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 432023.6" N, 0784309.5" W (NAD 83) in Olcott, NY.

(i) Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 432023.6" N, 0784309.5" W (NAD 83) in Olcott, NY.

(ii) Enforcement period. July 3 from 9:30 p.m. to 11 p.m. of each year.

(18) North Tonawanda Fireworks, North Tonawanda, NY. (i) Location. All U.S. waters of the East Niagara River within a 1,400 foot radius of land position 430139.6" N, 0785307.5" W (NAD 83) in North Tonawanda, NY.

(i) Location. All U.S. waters of the East Niagara River within a 1,400 foot radius of land position 430139.6" N, 0785307.5" W (NAD 83) in North Tonawanda, NY.

(ii) Enforcement period. July 4 from 8:45 p.m. to 10:15 p.m. of each year.

(19) Tonawanda's Canal Fest Fireworks, Tonawanda, NY. (i) Location. All U.S. waters of the East Niagara River within a 210 foot radius of land position 430117.8" N, 0785240.9" W (NAD 83) in Tonawanda, NY.

(i) Location. All U.S. waters of the East Niagara River within a 210 foot radius of land position 430117.8" N, 0785240.9" W (NAD 83) in Tonawanda, NY.

(ii) Enforcement period. The fourth Sunday of July from 9 p.m. to 10:30 p.m. each year.

(20) Celebrate Erie Fireworks, Erie, PA. (i) Location. All U.S. waters of Presque Isle Bay within an 800 foot radius of land position 420819" N, 0800529" W (NAD 83) in Erie, PA.

(i) Location. All U.S. waters of Presque Isle Bay within an 800 foot radius of land position 420819" N, 0800529" W (NAD 83) in Erie, PA.

(ii) Enforcement period. The third weekend of August from 9:45 p.m. to 10:30 p.m. each year.

(21) Conneaut Fourth of July Fireworks, Conneaut, OH. (i) Location. All U.S. waters of Lake Erie within an 840 foot radius of position 415801.3" N, 0803339.5" W (NAD 83) in Erie, PA.

(i) Location. All U.S. waters of Lake Erie within an 840 foot radius of position 415801.3" N, 0803339.5" W (NAD 83) in Erie, PA.

(ii) Enforcement period. The first Sunday of July from 9 p.m. to 11:30 p.m. each year.

(22) Fairport Harbor Mardi Gras, Fairport, OH. (i) Location. All U.S. waters of Lake Erie within a 350 foot radius of land position 414530" N, 0811618" W (NAD 83) east of the harbor entrance at Fairport Harbor Beach, OH.

(i) Location. All U.S. waters of Lake Erie within a 350 foot radius of land position 414530" N, 0811618" W (NAD 83) east of the harbor entrance at Fairport Harbor Beach, OH.

(ii) Enforcement period. The beginning of the second week of July from 9 p.m. to 10:30 p.m. each year.

(23) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH. (i) Location. All U.S. waters of Lake Erie and Mentor Harbor within a 700 foot radius of land position 414336" N, 0812109" W (NAD 83) in Mentor Harbor, OH.

(i) Location. All U.S. waters of Lake Erie and Mentor Harbor within a 700 foot radius of land position 414336" N, 0812109" W (NAD 83) in Mentor Harbor, OH.

(ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. each year.

(24) Browns Football Halftime Fireworks, Cleveland, OH. (i) Location. All U.S. waters of Cleveland Harbor and Lake Erie encompassed by a line beginning at approximate land position 413049.4" N, 0814137.2" W (the northwest corner of Burke Lakefront Airport); continuing northwest to 413110.6" N, 0814153.0" W; then southwest to 413048.6" N, 0814230.9" W (the northwest corner of dock 28 at the Cleveland Port Authority) then northeast back to the starting point at 413049.4" N, 0814137.2" W (NAD 83).

(i) Location. All U.S. waters of Cleveland Harbor and Lake Erie encompassed by a line beginning at approximate land position 413049.4" N, 0814137.2" W (the northwest corner of Burke Lakefront Airport); continuing northwest to 413110.6" N, 0814153.0" W; then southwest to 413048.6" N, 0814230.9" W (the northwest corner of dock 28 at the Cleveland Port Authority) then northeast back to the starting point at 413049.4" N, 0814137.2" W (NAD 83).

(ii) Enforcement period. On a Sunday during the second or third Cleveland Browns home game each year. The Captain of the Port will issue a Notice of Enforcement each year for this Browns Football Halftime Fireworks' safety zone.

(25) City of Cleveland 4th of July, Cleveland, OH. (i) Location. All U.S. waters of Lake Erie and Cleveland Harbor within a 1,000 foot radius of land position 413010" N, 0814236" W (NAD 83) at Dock 20 in Cleveland, OH.

(i) Location. All U.S. waters of Lake Erie and Cleveland Harbor within a 1,000 foot radius of land position 413010" N, 0814236" W (NAD 83) at Dock 20 in Cleveland, OH.

(ii) Enforcement period. July 4 from 9:30 p.m. to 11 p.m. each year.

(26) Cleveland Yachting Club Fireworks Display, Rocky River, OH. (i) Location. All U.S. waters of the Rocky River and Lake Erie within a 560 foot radius of land position 412925.7" N, 0815018.5" W (NAD 83), at Sunset Point on the western side of the mouth of the Rocky River in Cleveland, OH.

(i) Location. All U.S. waters of the Rocky River and Lake Erie within a 560 foot radius of land position 412925.7" N, 0815018.5" W (NAD 83), at Sunset Point on the western side of the mouth of the Rocky River in Cleveland, OH.

(ii) Enforcement period. The second Thursday of July from 9:15 p.m. to 11 p.m. each year.

(27) Sheffield Lake Fireworks, Sheffield Lake, OH. (i) Location. All U.S. waters of Lake Erie within a 700 foot radius of land position 412926.2" N, 0820647.7" W (NAD 83), at the lake front area in Sheffield Lake, OH.

(i) Location. All U.S. waters of Lake Erie within a 700 foot radius of land position 412926.2" N, 0820647.7" W (NAD 83), at the lake front area in Sheffield Lake, OH.

(ii) Enforcement period. The second Friday of July from 9:30 p.m. to 11 p.m. each year.

(28) Lorain 4th of July Celebration Fireworks, Lorain, OH. (i) Location. All U.S. waters of Lorain Harbor within a 1,400 foot radius of land position 412835.5" N, 0821051.3" W (NAD 83), east of the harbor entrance on the end of the break wall near Spitzer's Marina.

(i) Location. All U.S. waters of Lorain Harbor within a 1,400 foot radius of land position 412835.5" N, 0821051.3" W (NAD 83), east of the harbor entrance on the end of the break wall near Spitzer's Marina.

(ii) Enforcement period. July 4 from 9:15 p.m. to 11 p.m. each year.

(29) Lorain Port Fest Fireworks Display, Lorain, OH. (i) Location. All U.S. waters of Lorain Harbor within a 750 foot radius of land position 412802.4" N, 0821021.9" W (NAD 83) in Lorain, OH.

(i) Location. All U.S. waters of Lorain Harbor within a 750 foot radius of land position 412802.4" N, 0821021.9" W (NAD 83) in Lorain, OH.

(ii) Enforcement period. The third weekend of July from 9:45 p.m. to 11 p.m. each year.

(30) Thunder of the Niagara Hydroplane boat races, North Tonawanda, NY. (i) Location. All U.S. waters of Niagara River, near North Tonawanda, NY within 2 miles of the North Grand Island Bridge, encompassed by a line starting at 430332.95" N, 0785446.93" W to 430314.55" N, 0785515.97" W then to 430239.72" N, 0785413.05" W then to 430259.99" N, 0785341.99" W and returning to the point of origin (NAD 83).

(i) Location. All U.S. waters of Niagara River, near North Tonawanda, NY within 2 miles of the North Grand Island Bridge, encompassed by a line starting at 430332.95" N, 0785446.93" W to 430314.55" N, 0785515.97" W then to 430239.72" N, 0785413.05" W then to 430259.99" N, 0785341.99" W and returning to the point of origin (NAD 83).

(ii) Enforcement period. The second of weekend of August from 9 a.m. to 5 p.m. each year.

(31) Antique Boat Show Hydroplane boat races, Grand Island, NY. (i) Location. All waters of Niagara River, Grand Island, NY encompassed by a line starting at position 425959" N, 0785622" W, East to 495954" N,0785614" W, South to 425754" N, 0785604" W, West to 4205748" N, 0785622" W and returning to the point of origin (NAD 83)

(i) Location. All waters of Niagara River, Grand Island, NY encompassed by a line starting at position 425959" N, 0785622" W, East to 495954" N,0785614" W, South to 425754" N, 0785604" W, West to 4205748" N, 0785622" W and returning to the point of origin (NAD 83)

(ii) Enforcement period. The first weekend of September from 9 a.m. to 4 p.m. each year.

(32) D-Day Conneaut Air Show, Conneaut, OH. (i) Location. All U.S. waters of Conneaut Township Park, Lake Erie, Conneaut, OH encompassed by a line starting at 4157.71 N, 08034.18 W; to 4158.36N, 08034.17 W; then to 4158.53 N, 08033.55 W; to 4158.03 N, 08033.72W; and returning to the point of origin. (NAD 83).

(i) Location. All U.S. waters of Conneaut Township Park, Lake Erie, Conneaut, OH encompassed by a line starting at 4157.71 N, 08034.18 W; to 4158.36N, 08034.17 W; then to 4158.53 N, 08033.55 W; to 4158.03 N, 08033.72W; and returning to the point of origin. (NAD 83).

(ii) Enforcement period. The third weekend of August from 1:45 p.m. to 5:30 p.m. each year.

(33) Bay Swim, Erie, PA. (i) Location. All U.S. waters of Presque Isle Bay, Erie, PA within a 1000 feet of a line starting at Vista 3 in Presque Isle State Park at position 420729.30" N, 800848.82" W and ending at to the Erie Yacht Club at position 420721.74" N, 800758.30" W (NAD 83).

(i) Location. All U.S. waters of Presque Isle Bay, Erie, PA within a 1000 feet of a line starting at Vista 3 in Presque Isle State Park at position 420729.30" N, 800848.82" W and ending at to the Erie Yacht Club at position 420721.74" N, 800758.30" W (NAD 83).

(ii) Enforcement period. The third week in June each year.

(34) Rover Fest fireworks display, Cleveland, OH. (i) Location. All U.S. waters of Lake Erie, Cleveland, OH within a 280 foot radius from position 413034.23" N and 08141 55.73" W (NAD 83).

(i) Location. All U.S. waters of Lake Erie, Cleveland, OH within a 280 foot radius from position 413034.23" N and 08141 55.73" W (NAD 83).

(ii) Enforcement period. The second or third weekend of July each year.

(35) Cleveland National Air show, Cleveland, OH. (i) Location. The safety zone encompass the portion of Lake Erie and Cleveland Harbor within a line originating near Burke Lakefront Airport from position 413020" N and 0814220" W to 413050" N and 0814249" W, to 413209" N and 0813949" W, to 413153" N and 0813924" W, then return to the original position (NAD 83).

(i) Location. The safety zone encompass the portion of Lake Erie and Cleveland Harbor within a line originating near Burke Lakefront Airport from position 413020" N and 0814220" W to 413050" N and 0814249" W, to 413209" N and 0813949" W, to 413153" N and 0813924" W, then return to the original position (NAD 83).

(ii) Enforcement period. On the Friday before Labor Day through the Wednesday following Labor Day with maximum daily times from 8 a.m. to 6 p.m. The daily time period will be reduced as operations permit.

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

(1) On-scene Representative means any Coast Guard commissioned, warrant, or petty officer designated by the Captain of the Port Buffalo to monitor a safety zone, permit entry into the zone, give legally enforceable orders to persons or vessels within the zones, and take other actions authorized by the Captain of the Port.

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

(c) Regulations. In accordance with the general regulations in Sec. 165.23, entry into, transiting, or anchoring within is the aforementioned safety zones are prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative.

(1) The safety zones described in paragraph (a) of this section are closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative.

(2) Vessel operators desiring to enter or operate within the safety zones described in paragraph (a) of this section must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in a safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative.

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

(e) Waiver. For any vessel, the Captain of the Port Buffalo or his 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 public or environmental safety.

(f) Notification. The Captain of the Port Buffalo will notify the public that the safety zones in this section are or will be enforced by all appropriate means to the affected segments of the public through publication in the Federal Register as practicable, in accordance with 33 CFR 165.7(a). Additionally, the enforcement dates and times for each of the safety zones listed above are subject to change, though the duration of enforcement would remain the same or nearly the same total number of hours as stated above. In either event, whether the safety zones occur at the dates and times as stated above, or whether the date or time of a safety zone changes, the Captain of the Port Buffalo will similarly make such notification as described in this paragraph (f). Such means of further notification may also include, but are not limited to Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone is cancelled. [USCG-2014-0081, 79 FR 36407, June 27, 2014]