18 CFR § 4.60 - Applicability and notice to agencies.

---
identifier: "/us/cfr/t18/s4.60"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 4.60 - Applicability and notice to agencies."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "4.60"
section_name: "Applicability and notice to agencies."
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"
---


# 4.60 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);

(2) Any major project—existing dam, as defined in § 4.30(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) and (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), insofar as it requires a licensee to file a statement showing the actual legitimate costs of construction of a project;

(2) Section 4(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, 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), insofar as it relates to a licensee's maintenance of depreciation reserves;

(5) Sections 10(d) and 10(f);

(6) Section 14, 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.

[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]