§ 64.31 - Determination of hazard to navigation.  


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  • § 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.

    [CGD 91-031, 57 FR 43403, Sept. 21, 1992]