CFR > Title 33 - Navigation and Navigable Waters > CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER C—AIDS TO NAVIGATION (parts 60 to 76) > PART 64—MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER OBSTRUCTIONS > SUBPART D—Miscellaneous Provisions (§64.31 to §64.33) > 64.31—Determination of hazard to navigation.

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.

Code of Federal Regulations

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