[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: 18CFR4.50]

[Page 111]
 
           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 F_Application for License for Major Project_Existing Dam
 
Sec. 4.50  Applicability.

    Authority: Federal Power Act, as amended (16 U.S.C. 792-828c); 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601-2645); 
Department of Energy Organization Act (42 U.S.C. 7101-7352); E.O. 12009, 
42 FR 46267; Pub. L. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.).


    (a) Applicability. (1) Except as provided in paragraph (a)(2) of 
this section, the provisions of this subpart apply to any application 
for either an initial license or new license for a major project--
existing dam that is proposed to have a total installed capacity of more 
than 5 megawatts.
    (2) This subpart does not apply to any major project--existing dam 
(see Sec. 4.40) that is proposed to entail or include:
    (i) Any repair, modification or reconstruction of an existing dam 
that would result in a significant change in the normal maximum surface 
area or normal maximum surface elevation of an existing impoundment; or
    (ii) Any new development or change in project operation that would 
result in a significant environmental impact.
    (3) An applicant for license for any major project--existing dam 
that would have a total installed capacity of 5 megawatts or less must 
submit application under subpart G (Sec. Sec. 4.60 and 4.61).
    (b) Guidance from Commission staff. A prospective applicant for a 
major license--existing dam may seek advice from the Commission staff 
regarding the applicability of these sections to its project (see Sec. 
4.32(h)), including the determinations whether any proposed repair or 
reconstruction of an existing dam would result in a significant change 
in the normal maximum surface area or the normal maximum surface 
elevation of an existing impoundment, or whether any proposed new 
development or change in project operation would result in a significant 
environmental impact.

[Order 59, 44 FR 67651, Nov. 27, 1979, as amended by Order 184, 46 FR 
55942, Nov. 13, 1981; Order 413, 50 FR 11684, Mar. 25, 1985; Order 499, 
53 FR 27002, July 18, 1988]