Daily Rules, Proposed Rules, and Notices of the Federal Government
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
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.
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
DHS has considered the comments gathered in response to the October 2009
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
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
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.
DHS received a total of 122 comments in response to the October 2009
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.
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.
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.
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