Section 64.31 - Determination of hazard to navigationIn 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