18 CFR § 4.103 - General provisions for case-specific exemption.

---
identifier: "/us/cfr/t18/s4.103"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 4.103 - General provisions for case-specific exemption."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "4.103"
section_name: "General provisions for case-specific exemption."
chapter_name: "FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE FEDERAL POWER ACT"
part_number: "4"
part_name: "LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT COSTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352."
regulatory_source: "Order 141, 12 FR 8485, Dec. 19, 1947, unless otherwise noted."
cfr_part: "4"
---


# 4.103 General provisions for case-specific exemption.

(a) *Exemptible projects.* Subject to the provisions in paragraph (b) of this section, § 4.31(c), and §§ 4.105 and 4.106, the Commission may exempt on a case-specific basis any small hydroelectric power project from all or part of Part I of the Act, including licensing requirements. Any applications for exemption for a project shall conform to the requirements of §§ 4.107 or 4.108, as applicable.

(b) *Limitation for licensed water power project.* The Commission will not accept for filing an application for exemption from licensing for any project that is only part of a licensed water power project.

(c) *Waiver.* In applying for case-specific exemption from licensing, a qualified exemption applicant may petition under § 385.207 of this chapter for waiver of any specific provision of §§ 4.102 through 4.107. The Commission will grant a waiver only if consistent with section 408 of the Energy Security Act of 1980.

[Order 413, 50 FR 11688, Mar. 25, 1985, as amended by Order 503, 53 FR 36568, Sept. 21, 1988]