(a) General authority
The Secretary may, in accordance with chapter 5 of title 5, promulgate regulations or amend existing CFATS regulations to implement the provisions under this subchapter.
(b) Existing CFATS regulations
(1) In general
Notwithstanding section 4(b) of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014, each existing CFATS regulation shall remain in effect unless the Secretary amends, consolidates, or repeals the regulation.
(2) Repeal
Not later than 30 days after December 18, 2014, the Secretary shall repeal any existing CFATS regulation that the Secretary determines is duplicative of, or conflicts with, this subchapter.
(c) Authority
The Secretary shall exclusively rely upon authority provided under this subchapter in—
(1) determining compliance with this subchapter;
(2) identifying chemicals of interest; and
(3) determining security risk associated with a chemical facility.
Termination of Section
For termination of section by section 5 of Pub. L. 113–254, see Effective and Termination Dates note below.
Editorial Notes
References in Text
Section 4(b) of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014, referred to in subsec. (b)(1), is section 4(b) of Pub. L. 113–254, Dec. 18, 2014, 128 Stat. 2919, which repealed section 550 of Pub. L. 109–295, formerly set out as a Regulations note under section 121 of this title, effective as of the date that is 30 days after Dec. 18, 2014.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates
Section effective on the date that is 30 days after Dec. 18, 2014, and authority provided under this section to terminate on the date that is 5 years and 3 months after such effective date, see sections 4(a) and 5 of Pub. L. 113–254, set out as notes under section 621 of this title.
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