§ 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.