---
kind: "section"
citation: "1 C.F.R. § 601.11"
title: "1"
number: "601.11"
heading: "Extraordinary Circumstances."
url: "https://uscodex.org/cfr/1/601.11"
---

# §601.11. Extraordinary Circumstances.

- (a) Before applying a CATEX listed in [§ 601.12](/cfr/1/601.12.md), the Executive Director shall determine if a project or plan requires additional environmental review or analysis due to the presence of Extraordinary Circumstances. If any of the Extraordinary Circumstances listed in [paragraphs (b)(1) through (11)](#b-1..b-11) of this section are present, the Executive Director shall not apply a CATEX and ensure that the proper Environmental Document (EA or EIS) shall be prepared and made available to the Commission before the Commission takes action on the matter.
- (b) **Extraordinary Circumstances that negate the application of a CATEX include—**
  - (1) **A reasonable likelihood of significant impact on public health or safety.**
  - (2) A reasonable likelihood of significant environmental impacts on sensitive resources unless the impacts have been or will be avoided, minimized, or mitigated to non-significant levels through another process to include, without limitation, [Section 106](/cfr/1/106.md) of the NHPA. Environmentally sensitive resources include without limitation:
    - (i) **Proposed federally listed, threatened or endangered species or their designated critical habitats.**
    - (ii) **Properties listed or eligible for listing on the National Register of Historic Places.**
    - (iii) Areas having special designation or recognition based on Federal law or an Executive Order, to include without limitation, National Historic Landmarks, floodplains, wetlands, and National Parks.
    - (iv) **Cultural, scientific or historic resources.**
  - (3) **A reasonable likelihood of effects on the environment that are risky, highly uncertain, or unique.**
  - (4) A reasonable likelihood of violating an Executive Order, or Federal, state or local law or requirements imposed for the protection of the environment.
  - (5) A reasonable likelihood of causing a significant increase in surface transportation congestion, disruption of mass transit, and interference with pedestrian and bicycle movements.
  - (6) A reasonable likelihood of significantly degrading air quality or violating air quality control standards under the Clean Air Act ([42 U.S.C. 7401-7671q](/usc/42/7401-7671q.md)).
  - (7) A reasonable likelihood of significantly impacting water quality, public water supply systems, or state or local water quality control standards under the Clean Water Act ([33 U.S.C. 1251](/usc/33/1251.md) et seq.) and the Safe Drinking Act ([42 U.S.C. 300f](/usc/42/300f.md)).
  - (8) A reasonable likelihood of a disproportionately high and adverse effect on low income and minority populations.
  - (9) **A reasonable likelihood of degrading existing unsatisfactory environmental conditions.**
  - (10) A reasonable likelihood of establishing a precedent for future action or making a decision in principle about future actions with potentially significant environmental effects.
  - (11) Any other circumstance that makes the action sufficiently unique in its potential impacts on the human environment that further environmental analysis and review is appropriate.
- (c) The Executive Director shall include in his/her EDR, or the documentation of a delegated action, his/her decision to apply a Categorical Exclusion including consideration of possible Extraordinary Circumstances or not apply a Categorical Exclusion because of Extraordinary Circumstances.

## Notes

### Authority

Authority: 42 U.S.C. 4371; 40 CFR 1507.3

### Source

Source: 82 FR 45424, Sept. 29, 2017; 82 FR 48609, Oct. 19, 2017, unless otherwise noted.