§64.31. Determination of hazard to navigation.
33 C.F.R. § 64.31
In determining whether an obstruction is a hazard to navigation for the purposes of marking, the District Commander considers, but is not limited to, the following factors:
Location of the obstruction in relation to the navigable channel and other navigational traffic patterns;
Navigational difficulty in the vicinity of the obstruction;
Depth of water over the obstruction, fluctuation of the water level, and other hydrologic characteristics in the area;
Draft, type, and density of vessel traffic or other marine activity in the vicinity of the obstruction;
Physical characteristics of the obstruction;
Possible movement of the obstruction;
Location of the obstruction in relation to other obstructions or aids to navigation;
Prevailing and historical weather conditions;
Length of time that the obstruction has been in existence;
History of vessel incidents involving the obstruction; and
Whether the obstruction is defined as a hazard to navigation under other statutes or regulations.
Notes, amendments, and revision history
Amendments
[CGD 91-031, 57 FR 43403, Sept. 21, 1992]
Source
Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.
Authority
Authority: 14 U.S.C. 503; 33 U.S.C. 409; 42 U.S.C. 9118; 43 U.S.C. 1333; 46 U.S.C. 70034; Department of Homeland Security Delegation No. 0170.1.
Source
Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise noted.
Amendments
[CGD 91-031, 57 FR 43403, Sept. 21, 1992]