18 CFR § 4.40 - Applicability.

---
identifier: "/us/cfr/t18/s4.40"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 4.40 - Applicability."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "4.40"
section_name: "Applicability."
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"
---


# 4.40 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 of this part (§§ 4.60 and 4.61).

(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)], 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.

[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]