The U.S. Coast Guard, under the Department of Homeland Security, has finalized a rule updating the annual safety zones within the Captain of the Port Eastern Great Lakes Zone. Published on July 17, 2026, this final rule amends existing regulations found in 33 CFR Part 165, specifically addressing Table 1 to 33 CFR 165.939, which lists annually recurring marine events. The core purpose of this regulatory adjustment is to ensure the safety of vessels and individuals on navigable waters during and around scheduled marine activities, such as fireworks displays and boat races. The rule is set to take effect on August 17, 2026.
The Regulatory Process and Rationale
This final rule stems from the Coast Guard's ongoing review of marine events. The agency determined that multiple events previously recorded in Table 1 to 33 CFR 165.939 needed amendment to maintain accuracy, and some listed events had become obsolete. To address these issues, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) on May 27, 2026, titled “Safety Zones; Annual Events in the Captain of the Port Eastern Great Lakes Zone” (91 FR 31392). The NPRM outlined the proposed amendments and invited public input.
During the comment period, which concluded on June 26, 2026, the Coast Guard received two comments. One commenter expressed general support for the regulation while urging the Coast Guard to ensure safety zones are enforced for the shortest practical duration to minimize impact on recreational boaters and businesses. The Coast Guard acknowledged this support and reaffirmed its commitment to balancing public safety with reasonable access. The second comment received was not pertinent to the proposed regulation or safety zones. Consequently, the final rule contains no changes to the regulatory text as initially proposed in the NPRM.
Scope of Safety Zone Updates
The amendments detail specific safety zones for various events occurring across the Eastern Great Lakes. These zones are established in waters around locations such as Erie, Pennsylvania; Vermilion, Ohio; Syracuse, New York; Rochester, New York; Baldwinsville, New York; Buffalo, New York; Kendall, New York; Hamlin, New York; Cleveland, Ohio; and Mentor, Ohio. The types of events covered primarily include fireworks displays, like those for the United Refining Company in Erie and the City of Syracuse, as well as marine races and parades, such as the Cleveland Triathlon and the Whiskey Island Boat Club Parade of Lights.
These safety zones are typically temporary, often limited to a few hours, and encompass relatively small areas. For example, the United Refining Company fireworks display in Erie, PA, will have a 583-foot radius safety zone, while the City of Cleveland July 4th Fireworks will impose a 1,000-foot radius restriction. Other events, like the Hope Chest Buffalo Niagara Dragon Boat Festival, involve moving safety zones that transit with participating vessels along specific stretches of water.
Impact on Stakeholders and Regulatory Analyses
In its regulatory analyses, the Coast Guard determined that this rule would not have a significant economic impact on a substantial number of small entities. This conclusion is based on several factors: vessel traffic can safely transit around the regulated areas, the zones impact small areas for limited durations, enforcement periods often coincide with low vessel traffic, and the Coast Guard provides advance notice via Broadcast Notice to Mariners on VHF FM marine channel 16. Furthermore, the rule allows vessels to request permission to enter a regulated area from the Captain of the Port.
Beyond economic impacts, the Coast Guard also analyzed the rule under various other statutes and executive orders. It found no new collection of information requirements under the Paperwork Reduction Act. The rule is consistent with the federalism principles outlined in Executive Order 13132 and has no tribal implications under Executive Order 13175. Additionally, it does not impose unfunded mandates exceeding $100,000,000 as defined by the Unfunded Mandates Reform Act. Environmentally, the rule is categorically excluded from further review under the National Environmental Policy Act, as it is considered a category of action that does not individually or cumulatively have a significant effect on the human environment.
Balancing Public Safety and Access
This rulemaking underscores the Coast Guard's ongoing responsibility to manage navigable waterways safely. By regularly updating its safety zone regulations, the agency adapts to the dynamic nature of marine events and ensures that public safety remains paramount. The Coast Guard's response to public comments highlights its effort to strike a balance, implementing necessary safety measures while striving to minimize disruptions for recreational boaters and commercial operators. This commitment is crucial for maintaining the accessibility and usability of federal waterways, particularly in busy zones like the Eastern Great Lakes.
