[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: 18CFR12.23]

[Page 197-198]
 
           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. 12.23  Time for filing emergency action plan.

    (a) Unconstructed project. (1) Except as set forth in paragraph 
(a)(2), the emergency action plan for an unconstructed project must be 
filed no later than 60 days before the initial filling of the project 
reservoir begins.
    (2) Temporary impoundment during construction. (i) For any 
unconstructed project, if a temporary impoundment would be created 
during construction, such as through construction of temporary or 
permanent cofferdams or large sediment control structures, and an 
accident to or failure of the impounding structures might endanger 
construction workers or otherwise endanger public health or safety, a 
temporary construction emergency action plan must be filed no later than 
60 days before construction begins.
    (ii) No later than 60 days before the initial filling of a project 
reservoir begins at a project for which a temporary emergency action 
plan has been filed the applicant or licensee must file modifications to 
that plan or a new plan, taking into account the differences in 
circumstances between the construction and post-construction periods.
    (b) Unlicensed constructed project. (1) If the Commission has 
determined on or before March 1, 1981 that a license is required for an 
unlicensed constructed project, the emergency action plan for that 
project must be filed no later than:
    (i) Six months after March 1, 1981; or
    (ii) Any earlier date specified by the Commission or its authorized 
representative.
    (2) Except as set forth in paragraph (b)(1) of this section, the 
emergency action plan for an unlicensed constructed project must be 
filed no later than the earliest of:
    (i) Six months after the date that a license application is filed;
    (ii) Six months after the date that the Commission issues an order 
determining that licensing is required; or
    (iii) A date specified by the Commission or its authorized 
representative.
    (c) Licensed constructed project. If a licensed constructed project 
does not have an acceptable emergency action plan on file on March 1, 
1981 the emergency action plan must be filed no later than:
    (1) Six months after March 1, 1981; or

[[Page 198]]

    (2) Any earlier date specified by the Commission or its authorized 
representative.
    (d) For good cause shown, the Regional Engineer may grant an 
extension of time for filing all or any part of an emergency action 
plan.