[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR4.104]

[Page 130]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 4_LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT 
COSTS--Table of Contents
 
Subpart K_Exemption of Small Hydroelectric Power Projects of 5 Megawatts 
                                 or Less
 
Sec. 4.104  Amendment of exemption.

    (a) An exemption holder must construct and operate its project as 
described in the exemption application approved by the Commission or its 
delegate.
    (b) If an exemption holder desires to change the design, location, 
method of construction or operation of its project, it must first notify 
the appropriate Federal and state fish and wildlife agencies and inform 
them in writing of the changes it intends to implement. If these 
agencies determine that the changes would not cause the project to 
violate the terms and conditions imposed by the agencies, and if the 
changes would not materially alter the design, location, method of 
construction or operation of the project, the exemption holder may 
implement the changes. If any of these agencies determines that the 
changes would cause the project to violate the terms and conditions 
imposed by that agency, or if the changes would materially alter the 
design, location, method of construction or the operation of the project 
works, the exemption holder may not implement the changes without first 
acquiring authorization from the Commission to amend its exemption or 
acquiring a license for the project works that authorizes the project, 
as changed.
    (c) An application to amend an exemption may be filed only by the 
holder of an exemption. An application to amend an exemption will be 
governed by the Commission's regulations governing applications for 
exemption. The Commission will not accept applications in competition 
with an application to amend an exemption, unless the Director of the 
Office of Hydropower Licensing determines that it is in the public 
interest to do so.

[Order 413, 50 FR 11688, Mar. 25, 1985]