[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: 18CFR12.4]

[Page 192-193]
 
           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 A_General Provisions
 
Sec. 12.4  Staff administrative responsibility and supervisory authority.

    (a) Administrative responsibility. The Director of the Office of 
Hydropower Licensing is responsible for administering the Commission's 
project safety program and reports directly to the Chairman of the 
Federal Energy Regulatory Commission.
    (b) Supervisory authority of the Regional Engineer or other 
authorized representative. (1) Any water power project

[[Page 193]]

and the construction, operation, maintenance, use, repair, or 
modification of any project works are subject to the inspection and the 
supervision of the Regional Engineer or any other authorized Commission 
representative for the purpose of:
    (i) Achieving or protecting the safety, stability, and integrity of 
the project works or the ability of any project work to function safely 
for its intended purposes, including navigation, water power 
development, or other beneficial public uses; or
    (ii) Otherwise protecting life, health, or property.
    (2) For the purposes set forth in paragraph (b)(1) of this section, 
a Regional Engineer or other authorized Commission representative may:
    (i) Test or inspect any water power project or project works or 
require that the applicant or licensee perform such tests or inspections 
or install monitoring instruments;
    (ii) Require an applicant or a licensee to submit reports or 
information, regarding:
    (A) The design, construction, operation, maintenance, use, repair, 
or modification of a water power project or project works; and
    (B) Any condition affecting the safety of a project or project works 
or any death or injury that occurs at, or might be attributable to, the 
water power project;
    (iii) Require an applicant or a licensee to modify:
    (A) Any emergency action plan filed under subpart C of this part; or
    (B) Any plan of corrective measures, including related schedules, 
submitted after the report of an independent consultant pursuant to 
Sec. 12.37 or any other inspection report;
    (iv) Require an applicant or licensee to take any other action with 
respect to the design, construction, operation, maintenance, repair, 
use, or modification of the project or its works that is, in the 
judgment of the Regional Engineer or other authorized Commission 
representative, necessary or desirable.
    (v) Establish the time for an applicant or licensee to provide a 
schedule for or to perform any actions specified in this paragraph.
    (c) Appeal, stay, rescission, or amendment of order or directive. 
(1) Any order or directive issued under this section or under the 
provisions of subparts B through E of this part by a Regional Engineer 
or other authorized Commission representative may be appealed to the 
Commission under Sec. 385.207 of this chapter.
    (2) Any order or directive issued under this section by a Regional 
Engineer or other authorized Commission representative is immediately 
effective and remains in effect until:
    (i) The Regional Engineer or other authorized Commission 
representative who issued the order or directive rescinds or amends that 
order or directive or stays its effect; or
    (ii) The Commission stays the effect of the order or directive, or 
amends or rescinds the order or directive on appeal.
    (3) An appeal or motion for rescission, amendment, or stay of any 
order or directive issued under this section must contain a full 
explanation of why granting the appeal or the request for rescission or 
amendment of the order or directive, or for stay for the period 
requested, will not endanger life, health, or property.

[Order 122, 46 FR 9036, Jan. 28, 1981, as amended by Order 225, 47 FR 
19056, May 3, 1982; 49 FR 29370, July 20, 1984]