(a) This part applies to chemical facilities and to covered facilities as set out herein; and

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(b) This part does not apply to a facility that is excluded as set forth in 6 U.S.C. § 621(4):

(1) A facility regulated under the Maritime Transportation Security Act of 2002 (Pub. L. 107-295; 116 Stat. 2064);

(2) A public water system, as that term is defined in 42 U.S.C. § 300f;

(3) A Treatment Works, as that term is defined in 33 U.S.C. § 1292;

(4) A facility owned or operated by the Department of Defense or the Department of Energy; or

(5) A facility subject to regulation by the Nuclear Regulatory Commission, or by a State that has entered into an agreement with the Nuclear Regulatory Commission under 42 U.S.C. § 2021(b) to protect against unauthorized access of any material, activity, or structure licensed by the Nuclear Regulatory Commission.

[86 FR 41890, Aug. 4, 2021]