# 18 C.F.R. § 4.102 (2026): Surrender of exemption

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_102

## Section

- **Citation:** 18 C.F.R. § 4.102 (2026)
- **Heading:** Surrender of exemption
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 18 CFR: 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 / Subpart K: Exemption of Small Hydroelectric Power Projects of 10 Megawatts or Less / § 4.102: § 4.102   Surrender of exemption.

## Text

(a) To voluntarily surrender its exemption, a holder of an exemption for a small hydroelectric power project 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 § 4.38, substituting for the information required under § 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. New applications involving the site may be filed on the next business day.
(c) If no construction had begun, unless the Commission issues an order to the contrary, the surrender will take effect at the close of the thirtieth day after the Commission issues a public notice of receipt of the petition. New applications involving the site 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.
(e) Where occupancy of federal lands or reservations has been permitted by a Federal agency having supervision over such lands, the exemption holder must concurrently notify that agency of the petition to surrender and of the steps that will be taken to restore the affected U.S. lands or reservations.
[Order 413, 50 FR 11688, Mar. 25, 1985, as amended by Order 800, 79 FR 59111, Oct. 1, 2014]

## Nearby sections

- [18 C.F.R. § 4.101 (2026) § 4.101   Applicability.](https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_101.md)
- [18 C.F.R. § 4.102 (2026) § 4.102   Surrender of exemption.](https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_102.md)
- [18 C.F.R. § 4.103 (2026) § 4.103   General provisions for case-specific exemption.](https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_103.md)
- [18 C.F.R. § 4.104 (2026) § 4.104   Amendment of exemption.](https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_104.md)
- [18 C.F.R. § 4.105 (2026) § 4.105   Action on exemption applications.](https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_105.md)
- [18 C.F.R. § 4.106 (2026) § 4.106   Standard terms and conditions of case-specific exemption from licensing.](https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_106.md)
- [18 C.F.R. § 4.107 (2026) § 4.107   Contents of application for exemption from licensing.](https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_107.md)
- [18 C.F.R. § 4.108 (2026) § 4.108   Contents of application for exemption from provisions other than licensing.](https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_108.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T18_P4_S4_102. Check the current official text before relying on it. Not legal advice.