[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: 18CFR4.95]

[Page 128]
 
           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 J_Exemption of Small Conduit Hydroelectric Facilities
 
Sec. 4.95  Surrender of exemption.

    (a) To voluntarily surrender its exemption, a holder of an exemption 
for a small conduit hydroelectric facility must file a petition with the 
Commission.
    (b)(1) If construction has begun, prior to filing a petition with 
the Commission, the exemption holder must consult with the fish and 
wildlife agencies in accordance with Sec. 4.38, substituting for the 
information required under Sec. 4.38(b)(1) information appropriate to 
the disposition and restoration of the project works and lands. The 
petition must set forth the exemption holder's plans with respect to 
disposition and restoration of the project works and lands.
    (2) If construction has begun, public notice of the petition will be 
given, and, at least 30 days thereafter, the Commission will act upon 
the petition.
    (c) If no construction has begun, unless the Commission issues an 
order to the contrary, the exemption will remain in effect through the 
thirtieth day after the Commission issues a public notice of receipt of 
the petition. New applications involving the site of the surrendered 
exemption may be filed on the next business day.
    (d) Exemptions may be surrendered only upon fulfillment by the 
exemption holder of such obligations under the exemption as the 
Commission may prescribe and, if construction has begun, upon such 
conditions with respect to the disposition of such project works and 
restoration of project lands as may be determined by the Commission and 
the Federal and state fish and wildlife agencies.

[Order 413, 50 FR 11687, Mar. 25, 1985]