[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR64.31]



[Page 154-155]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 64_MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER OBSTRUCTIONS

--Table of Contents

 

                   Subpart D_Miscellaneous Provisions

 

Sec. 64.31  Determination of hazard to navigation.



    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 

noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.





    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;



[[Page 155]]



    (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]