
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]               
[Page 34148-34150]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-78]                         

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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: FEMA-POLICY@dhs.gov. 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: FEMA-NIMS@dhs.gov.

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

[[Page 34150]]

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]
BILLING CODE 9111-46-P

