---
kind: "section"
citation: "42 U.S.C. § 9126"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9126"
heading: "Exempt operations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9126"
units:
  - "Chapter 99 — Ocean Thermal Energy Conversion"
  - "Subchapter I — Regulation of Ocean Thermal Energy Conversion Facilities and Plantships"
---

# §9126. Exempt operations

- (a) **Test platforms—** The provisions of this subchapter shall not apply to any [test platform](/usc/42/9102.md?p=16) which will not operate as an [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) or [plantship](/usc/42/9102.md?p=13) after conclusion of the testing period.
- (b) **Commercial demonstration ocean thermal energy conversion facilities or plantships—** The provisions of this subchapter shall not apply to ownership, [construction](/usc/42/9102.md?p=6), or operation of any [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) or [plantship](/usc/42/9102.md?p=13) which the [Secretary](/usc/42/242q–4.md?p=2) of Energy has designated in writing as a demonstration proj­ect for the development of alternative energy sources for the United States which is conducted by, participated in, or approved by the Department of Energy. The [Secretary](/usc/42/242q–4.md?p=2) of Energy, after consultation with the [Administrator](/usc/42/9102.md?p=2), shall require such demonstration [projects](/usc/42/13641.md?p=2) to abide by as many of the substantive requirements of this subchapter as he deems to be practicable without damaging the nature of or unduly delaying such [projects](/usc/42/13641.md?p=2).

## Source credit

(Pub. L. 96–320, title I, § 116, Aug. 3, 1980, 94 Stat. 991; Pub. L. 98–623, title VI, § 602(e)(4), Nov. 8, 1984, 98 Stat. 3412.)

## Notes

### Editorial Notes

### Amendments

1984—Subsec. (a). Pub. L. 98–623 substituted “facility or plantship” for “facility or platform”.