Are there any facilities statutorily exempt from CFATS?
The following facilities are statutorily exempted from the CFATS: • Facilities regulated pursuant to the Maritime Transportation Security Act (MTSA); • Public Water Systems, as defined in the Safe Drinking Water Act; • Treatment Works, as defined in the Federal Water Pollution Control Act; • Facilities owned or operated by the Department of Defense or the Department of Energy; and • Facilities subject to regulation by the Nuclear Regulatory Commission (NRC). MTSA Exemption: DHS will apply the MTSA exemption to facilities regulated under 33 CFR Part 105, Maritime Facility Security regulations. Part 105 of Title 33 of the Code of Federal Regulations is the only regulation that imposes the security plan requirements of 46 U.S.C. 70103 on maritime facilities. DHS recognizes that only a portion of some maritime facilities are regulated under MTSA. In such situations, only those portions of the facility regulated under MTSA are exempt from the CFATS. The rest of the facility may be subject t
