§ 64.31. Determination of hazard to navigation.
165 words·~1 min read·
/us/cfr/t33/s§ 64.31·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. \[CGD 91-031, 57 FR 43403, Sept. 21, 1992\]