---
kind: "section"
citation: "18 C.F.R. § 4.60"
title: "18"
number: "4.60"
heading: "Applicability and notice to agencies."
url: "https://uscodex.org/cfr/18/4.60"
---

# §4.60. Applicability and notice to agencies.

- (a) **Applicability.** The provisions of this subpart apply to any application for an initial license or a new license for:
  - (1) A minor water power project, as defined in [§ 4.30(b)(17)](/cfr/18/4.30.md?p=b-17);
  - (2) **Any major project—** existing dam, as defined in [§ 4.30(b)(16)](/cfr/18/4.30.md?p=b-16), that has a total installed capacity of 10 MW or less; or
  - (3) Any major unconstructed project or major modified project, as defined in § [4.30(b)(15)](/cfr/18/4.30.md?p=b-15) and [(14)](/cfr/18/4.30.md?p=b-14) respectively, that has a total installed capacity of 10 MW or less.
- (b) **Notice to agencies.** The Commission will supply interested Federal, state, and local agencies with notice of any application for license for a water power project 10 MW or less and request comment on the application. Copies of the application will be available for inspection through the Commission's website, https://www.ferc.gov. The applicant shall also furnish copies of the filed application to any Federal, state, or local agency that so requests.
- (c) Unless an applicant for a license for a minor water power project requests in its application that the Commission apply the following provisions of Part I of the Federal Power Act when it issues a minor license for a project, the Commission, unless it determines it would not be in the public interest to do so, will waive:
  - (1) [Section 4(b)](/cfr/18/4.md?p=b), insofar as it requires a licensee to file a statement showing the actual legitimate costs of construction of a project;
  - (2) [Section 4(e)](/cfr/18/4.md?p=e), insofar as it relates to approval by the Chief of Engineers and the Secretary of the Army of plans affecting navigation;
  - (3) [Section 6](/cfr/18/6.md), insofar as it relates to the acceptance and expression in the license of terms and conditions of the Federal Power Act that are waived in the licensing order;
  - (4) [Section 10(c)](/cfr/18/10.md?p=c), insofar as it relates to a licensee's maintenance of depreciation reserves;
  - (5) Sections [10(d)](/cfr/18/10.md?p=d) and [10(f)](/cfr/18/10.md?p=f);
  - (6) [Section 14](/cfr/18/14.md), with the exception of the right of the United States or any state or municipality to take over, maintain, and operate a project through condemnation proceedings; and
  - (7) **Sections 15, 16, 19, 20 and 22.**

## Notes

### Amendments

[Order 413, 50 FR 11685, Mar. 25, 1985, as amended by Order 513, 54 FR 23806, June 2, 1989; Order 2002, 68 FR 51120, Aug. 25, 2003; Order 877, 86 FR 42714, Aug. 5, 2021; Order 899, 88 FR 74030, Oct. 30, 2023]

### 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 413, 50 FR 11685, Mar. 25, 1985, as amended by Order 513, 54 FR 23806, June 2, 1989; Order 2002, 68 FR 51120, Aug. 25, 2003; Order 877, 86 FR 42714, Aug. 5, 2021; Order 899, 88 FR 74030, Oct. 30, 2023]