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Current as of October 02, 2022 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.64.31 Determination of hazard to navigation - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-64-31/
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