[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: 18CFR12.38]

[Page 201-202]
 
           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 D_Inspection by Independent Consultant
 
Sec. 12.38  Time for inspections and reports.

    (a) General rule. After the initial inspection and report under this 
subpart for a project development, a new inspection under this subpart 
must be completed and the report on it filed not later than five years 
from the date the last report on an inspection was to be filed under 
this subpart.
    (b) Initial inspection and report. (1) For any development that has 
a dam that is more than 32.8 feet (10 meters) in height above streambed 
or impounds an impoundment with a gross storage capacity of more than 
2,000 acre feet (2.5 million cubic meters), which development was 
constructed before the date of issuance of the order licensing or 
amending a license to include that development, the initial inspection 
under this subpart must be completed and the report on it filed not 
later than two years after the date of issuance of the order licensing 
the development or

[[Page 202]]

amending the license to include the development.
    (2) For any development that was constructed after the date of 
issuance of the order licensing or amending a license to include the 
development, the initial inspection under this subpart must be completed 
and the report on it filed not later than five years from the date of 
first commercial operation, or the date on which the impoundment first 
reaches its normal maximum surface elevation, whichever occurs first.
    (3) For any development not set forth in either subparagraph (b)(1) 
or (b)(2), the initial inspection under this subpart must be completed 
and the report on it filed by a date specified by the Regional Engineer. 
The filing date must not be more than two years after the date of 
notification that an inspection and report under this subpart are 
required.
    (4) The last independent consultant's inspection and report made for 
a development before March 1, 1981 in compliance with the Commission's 
rules then in effect is deemed to fulfill the requirements for an 
initial inspection and report under this subpart for that development, 
except that the first report filed under this subpart for that 
development after March 1, 1981 must contain the information and 
analyses required by Sec. 12.37(b).
    (c) Extension of time. For good cause shown, the Regional Engineer 
may extend the time for filing an independent consultant's report under 
this subpart.