[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Pages 34148-34150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14429]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2008-0017]
Voluntary Private Sector Accreditation and Certification
Preparedness Program
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice of availability.
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SUMMARY: The Department of Homeland Security (DHS) announces its
adoption of three standards for the Voluntary Private Sector
Accreditation and Certification Preparedness Program (``PS-Prep''
Program). This Notice identifies the three standards and discusses
generally the public comments which were received in
[[Page 34149]]
response to the DHS's proposal to adopt these standards.
Instructions: DHS will continue to accept comments on the PS-Prep
Program, the three adopted standards, or proposals to adopt any other
similar standard that satisfies the Target Criteria presented in the
December 24, 2008 Federal Register Notice in accordance with the
instructions below. DHS will review any comments received or proposals
for DHS adoption of additional standards and, when merited, will
publish a Federal Register Notice providing the results of that review
or notifying the public of an intention to adopt additional standards.
Those interested may submit comments, identified by Docket ID FEMA-
2008-0017, by one of the following methods:
Federal Docket Management System: http://www.regulations.gov. Follow the instructions for submitting comments.
(Note: This process applies to all government requests for comments--
even though as in the case of PS-Prep, they may not be for regulatory
purposes.)
E-mail: [email protected]. Include Docket ID FEMA-2008-
0017 in the subject line of the message.
Fax: 703-483-2999.
Mail/Hand Delivery/Courier: Office of Chief Counsel,
Federal Emergency Management Agency, 500 C Street, SW., Room 840,
Washington, DC 20472-3100.
All submissions received must refer to FEMA as the recipient agency
and Docket ID FEMA-2008-0017. All submissions will be posted, without
change, to the Federal Docket Management System at http://www.regulations.gov, and will include any personal information you
provide. Because comments are made available to the public, submitters
should take caution not to include any sensitive, personal information,
trade secret, or any commercial or financial information which is
obtained from any person and which is deemed privileged or
confidential. Submitters may wish to read the Privacy Act Notice
available on the Privacy and Use Notice link on the Administration
Navigation Bar of http://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments received, go to the Federal Docket Management System at http://www.regulations.gov. Submitted comments may also be inspected at FEMA,
Office of Chief Counsel, 500 C Street, SW., Room 840, Washington, DC
20472.
Availability of the Adopted Standards: The three adopted standards
are available in two ways: (1) Through the individual websites of the
three respective standards development organizations (SDOs) and (2)
through the FEMA public reading room.
FEMA will maintain copies of all DHS adopted standards and make
them available upon request for viewing in person at FEMA's reading
room, located at 500 C Street SW., Room 835, Washington, DC 20472. Due
to licensing and copyright restrictions, however, these documents will
be available for review only, not for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Marcus Pollock, National
Integration Center, National Preparedness Directorate, Protection and
National Preparedness, 500 C Street, SW., Washington, DC 20472. Phone:
202-646-2801 or e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In Title IX of the ``Implementing Recommendations of the 9/11
Commission Act of 2007'' (Pub. L. 110-53) codified at 6 U.S.C. 321m,
Congress mandated DHS to develop and implement a Voluntary Private
Sector Preparedness Accreditation and Certification Program. This
program, now known as ``PS-Prep,'' provides a mechanism by which a
private sector entity may apply to be certified by an accredited third-
party that the private sector entity conforms to one or more of the
preparedness standards adopted by DHS.
DHS published a Notice in the Federal Register on December 24,
2008, describing the DHS implementation of the PS-Prep Program,
requesting comment on the Program and the target criteria for voluntary
preparedness standards, and requesting recommendations for standards
that DHS should consider. See 73 FR 79140. After reviewing the
responses to the December 2008 Notice, DHS published another Notice in
the Federal Register which proposed the adoption of three standards for
use in the PS-Prep Program and sought public comment. See 74 FR 53286
(October 16, 2009).
II. Review of Public Comments on Standards Adoption
DHS has considered the comments gathered in response to the October
2009 Federal Register Notice, and found that there were no significant
concerns expressed about the adoption of any of the proposed standards.
See Section III.C of this Notice. Stakeholder comments regarding the
development of the PS-Prep Program and answers to the seven questions
posed in the Notice have also been reviewed and, in some cases, are
continuing to be considered. Those comments will be further addressed
in future communications.
III. DHS Adopts Three Initial Standards for the PS-Prep Program
A. Adoption of Three PS-Prep Standards
Based on public comments, the compliance of the proposed standards
to the PS-Prep target criteria, and the design of those standards to
accomplish the purposes of the PS-Prep Program, DHS has determined to
move forward with the standards proposed in the October 2009 Federal
Register Notice. The FEMA Administrator, as the Designated Officer for
PS-Prep, hereby formally adopts the following three standards:
1. National Fire Protection Association 1600--Standard on Disaster/
Emergency Management and Business Continuity Programs, 2007 and 2010
Editions
2. British Standards Institution 25999 (2007 Edition)--Business
Continuity Management (BS 25999:2006-1 Code of practice for business
continuity management and BS 25999:2007-2 Specification for business
continuity management).
3. ASIS International SPC. 1-2009--Organizational Resilience:
Security Preparedness, and Continuity Management Systems--Requirements
with Guidance for Use (2009 Edition).
B. Adoption of Both the 2007 and 2010 Editions of NFPA 1600 Standard
Standards developing organizations routinely review their standards
on an established schedule and provide updates as needed. Since
publication of the October 2009 Notice proposing to adopt the 2007
edition of NFPA 1600 standard, the National Fire Protection Association
(NFPA) has published a 2010 edition, superseding the 2007 edition. DHS
reviewed the 2010 edition of NFPA 1600 and has found that it meets the
PS-Prep Target Criteria. Given that entities may be in the process of
implementing the 2007 edition, DHS has chosen to follow the standard
industry conformity assessment practice of allowing a transition period
from implementation of a previous edition of a standard to a subsequent
edition.
For this reason, DHS is adopting both the 2007 and 2010 editions of
NFPA 1600. DHS intends that the transition period will allow businesses
that may have already implemented the 2007 edition of NFPA 1600 to be
certified to that standard. Certifications based upon the 2007 edition
will remain valid
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through the end of the period prescribed in individual certifications.
After the end of that transition period, entities seeking certification
to NFPA 1600 must use the 2010 version.
Subsequent versions of the two remaining standards and other
standards DHS may adopt will operate on cycles that may not be uniform.
DHS will review subsequent versions of already adopted standards for
conformity to the target criteria and suitability for the program.
C. Discussion of Comments Received in Response to the Oct. 2009 Notice
of Intent
DHS received a total of 122 comments in response to the October
2009 Federal Register Notice. Of that number, 100 comments were made in
regard to the intention of DHS to adopt the three identified standards.
The remaining comments concerned some other aspect of the PS-Prep
Program and will be dealt with in future communications on relevant
aspects of the PS-Prep Program.
The vast majority of comments related to three the standards
supported DHS adoption of one or more of the standards. The largest
number of comments stating any opposition to the adoption of any of the
three identified standards related to BS 25999. Those comments were
based on the fact that the British Standards Institution, under the
auspices of which the standard was developed, was not a United States
entity. That is a fact; however, DHS believes that the standard is
comprehensive, meets the PS-Prep Target criteria, and satisfies the
needs of the PS-Prep Program. Research by DHS indicates that several
United States corporations have implemented or are implementing BS
25999. DHS further believes that the national identity of the standard
setting organization is not inherently relevant to the viability of any
candidate PS-Prep standard and, as indicated, has adopted BS 25999.
IV. Next Steps
A. Initiation of the PS-Prep Certification Process
Once the standards are announced, the American National Standards
Institute (ANSI)--American Society for Quality (ASQ) National
Accreditation Board (ANAB), the PS-Prep accrediting body, will finalize
its process for accrediting third party certifying entities for the PS-
Prep Program. Upon that finalization, DHS expects that preparation and
accreditation of certifying entities will take an additional two to
four months. DHS will announce the initiation of the availability of
the PS-Prep Program certification process on the PS-Prep Program Web
site.
B. Critical Infrastructure and Key Resources (CIKR) Sector-Specific
Issues
DHS has made clear that it does not intend that the PS-Prep Program
will create a need for a duplication of requirements for entities that
wish to participate. DHS will attempt to identify regulations,
guidelines, or sector codes of practice that meet portions of adopted
standards and that could form the basis for compliance with PS-Prep
adopted standards. To this end, the DHS Office of Infrastructure
Protection (IP) will collaborate with the CIKR sectors and their
respective Sector Coordinating Councils to identify such existing
sector activities. IP will work with the individual CIKR sectors to
develop a framework containing the identified sector-specific
considerations and activities that may be used in the PS-Prep
certification processes.
V. Small Business Consideration
In 6 U.S.C. 321m(b)(2)(D), DHS is required to ``establish separate
classifications and methods of certification for small business
concerns.'' The definition of ``small business concerns'' is that of
the Small Business Act at 15 U.S.C. 632. Both previous PS-Prep Federal
Register Notices have contained extensive discussions of the DHS
approach to best reflect the interests of small businesses, minimize
any burden associated with certification for the PS-Prep Program, and
achieve the purposes of the PS-Prep Program. DHS continues to seek
comments from the public and, particularly, small businesses on
specific tools and means for certification of small business under the
PS-Prep Program.
Dated: June 10, 2010.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-14429 Filed 6-15-10; 8:45 am]
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