---
kind: "section"
citation: "18 C.F.R. § 4.40"
title: "18"
number: "4.40"
heading: "Applicability."
url: "https://uscodex.org/cfr/18/4.40"
---

# §4.40. Applicability.

- (a) **Applicability.** The provisions of this subpart apply to any application for an initial license for a major unconstructed project that would have a total installed capacity of more than 10 megawatts, and any application for an initial or new license for a major modified project with a total installed capacity more than 10 megawatts. An applicant for license for any major unconstructed or major modified water power project that would have a total installed generating capacity of 10 megawatts or less must submit application under [subpart G](/cfr/18/subpartG.md) of this part (§§ [4.60](/cfr/18/4.60.md) and [4.61](/cfr/18/4.61.md)).
- (b) **Guidance from Commission staff.** A prospective applicant for a license for a major unconstructed project or major modified project may seek advice from the Commission's Office of Energy Projects regarding the applicability of this subpart to its project [see [§ 4.32(h)](/cfr/18/4.32.md?p=h)], including the determinations whether any proposed repair, modification or reconstruction of an existing dam would result in a significant change in the normal maximum surface elevation of an existing impoundment, or whether any proposed change in existing project works or operation would result in a significant environmental impact.

## Notes

### Amendments

[Order 184, 46 FR 55936, Nov. 13, 1981, as amended by Order 413, 50 FR 11683, Mar. 25, 1985; Order 499, 53 FR 27002, July 18, 1988; Order 2002, 68 FR 51119, Aug. 25, 2003; Order 877, 86 FR 42714, Aug. 5, 2021]

### 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 184, 46 FR 55936, Nov. 13, 1981, as amended by Order 413, 50 FR 11683, Mar. 25, 1985; Order 499, 53 FR 27002, July 18, 1988; Order 2002, 68 FR 51119, Aug. 25, 2003; Order 877, 86 FR 42714, Aug. 5, 2021]