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