---
kind: "section"
citation: "33 C.F.R. § 64.31"
title: "33"
number: "64.31"
heading: "Determination of hazard to navigation."
url: "https://uscodex.org/cfr/33/64.31"
---

# §64.31. Determination of hazard to navigation.


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:

- (a) Location of the obstruction in relation to the navigable channel and other navigational traffic patterns;
- (b) Navigational difficulty in the vicinity of the obstruction;
- (c) Depth of water over the obstruction, fluctuation of the water level, and other hydrologic characteristics in the area;
- (d) Draft, type, and density of vessel traffic or other marine activity in the vicinity of the obstruction;
- (e) Physical characteristics of the obstruction;
- (f) Possible movement of the obstruction;
- (g) Location of the obstruction in relation to other obstructions or aids to navigation;
- (h) Prevailing and historical weather conditions;
- (i) Length of time that the obstruction has been in existence;
- (j) History of vessel incidents involving the obstruction; and
- (k) **Whether the obstruction is defined as a hazard to navigation under other statutes or regulations.**

## Notes

### 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]