---
kind: "section"
citation: "18 C.F.R. § 4.105"
title: "18"
number: "4.105"
heading: "Action on exemption applications."
url: "https://uscodex.org/cfr/18/4.105"
---

# §4.105. Action on exemption applications.

- (a) **Exemption from provisions other than licensing.** An application for exemption of a small hydroelectric power project from provisions of Part I of the Act other than the licensing requirement will be processed and considered as part of the related application for license or amendment of license.
- (b)
  - (1) **Consultation.** The Commission will circulate a notice of application for exemption from licensing to interested agencies and Indian tribes at the time the applicant is notified that the application is accepted for filing.
  - (2) **Non-standard terms and conditions.** In approving any application for exemption from licensing, the Commission may prescribe terms or conditions in addition to those set forth in [§ 4.106](/cfr/18/4.106.md) in order to:
    - (i) Protect the quality or quantity of the related water supply;
    - (ii) Otherwise protect life, health, or property;
    - (iii) Avoid or mitigate adverse environmental impact; or
    - (iv) **Better conserve, develop, or utilize in the public interest the water resources of the region.**

## Notes

### Amendments

[Order 106, 45 FR 76123, Nov. 18, 1980, as amended by Order 202, 47 FR 4246, Jan. 29, 1982; Order 413, 50 FR 11688, Mar. 25, 1985; Order 533, 56 FR 23154, May 20, 1991]

### Authority

Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

### Source

Source: Order 141, 12 FR 8485, Dec. 19, 1947, unless otherwise noted.

### Amendments

[Order 106, 45 FR 76123, Nov. 18, 1980, as amended by Order 202, 47 FR 4246, Jan. 29, 1982; Order 413, 50 FR 11688, Mar. 25, 1985; Order 533, 56 FR 23154, May 20, 1991]