[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR12.21]

[Page 195-196]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 12_SAFETY OF WATER POWER PROJECTS AND PROJECT WORKS--Table of Contents
 
                    Subpart C_Emergency Action Plans
 
Sec. 12.21  Exemptions.

    (a) Grant of exemption. Except as provided in paragraph (b), if an 
applicant or licensee satisfactorily demonstrates

[[Page 196]]

that no reasonably foreseeable project emergency would endanger life, 
health, or property, the Regional Engineer may exempt the applicant or 
licensee from filing an emergency action plan.
    (b) No exemption. A licensee or applicant may not be exempted from 
the requirements of Sec. 12.22(c) for a radiological response plan.
    (c) Conditions of exemptions. (1) An applicant or licensee who 
receives an exemption from filing an emergency action plan has the 
continuing responsibility to review circumstances upstream and 
downstream from the project to determine if, as a result of changed 
circumstances, a project emergency might endanger life, health, or 
property.
    (2) Promptly after the applicant or licensee learns that, as a 
result of any change in circumstances, a project emergency might 
endanger life, health, or property, the applicant or licensee must 
inform the Regional Engineer of that changed condition without unduly 
delaying the preparation and implementation of the emergency action 
plan.
    (3) Comprehensive review of the necessity for an emergency action 
plan must be conducted at least once each year.
    (d) Revocation of exemption. (1) The Regional Engineer may revoke an 
exemption granted under this section if it is determined that, as a 
result of any change in circumstances, a project emergency might 
endanger life, health, or property.
    (2) If an exemption is revoked, the applicant or licensee must file 
an emergency action plan within the time specified by the Regional 
Engineer.