Comments requested on small business concerns in the Voluntary Private Sector Accreditation and Certification Preparedness Program (PS-Prep)

1. Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60773
Dated: September 27, 2010. be posted, without change, to the on the PS-Prep Program and the target
Tracey Denning, Federal eRulemaking Portal at http:// criteria for selecting preparedness
Agency Clearance Officer, U.S. Customs and www.regulations.gov, and will include standards, and requesting
Border Protection. any personal information you provide. recommendations for standards that
[FR Doc. 2010–24636 Filed 9–30–10; 8:45 am] Because comments are made available DHS should consider. See 73 FR 79140.
BILLING CODE 9111–14–P to the public, submitters should take After reviewing the responses to the
caution to not include any sensitive, December 2008 notice, DHS published a
personal information, trade secret, or notice in the Federal Register on
DEPARTMENT OF HOMELAND any commercial or financial information October 16, 2009, which proposed the
SECURITY which is obtained from any person and adoption of three standards for use in
which is deemed privileged or the PS-Prep Program and sought public
Federal Emergency Management confidential. Submitters may wish to comment. See 74 FR 53286. After
Agency read the Privacy Act notice available on reviewing comments received, DHS
[Docket ID FEMA–2008–0017] the Privacy Notice link located at the published a notice formally adopting
bottom of http://www.regulations.gov. those three standards on June 16, 2010.
Voluntary Private Sector Accreditation Docket: For access to the docket to See 75 FR 34148.
and Certification Preparedness read background documents or DHS received additional information
Program comments received, go to the Federal and comments about small business
eRulemaking Portal at http:// aspects of the PS-Prep Program through
AGENCY: Federal Emergency www.regulations.gov. Submitted several public meetings in Washington,
Management Agency, DHS. comments may also be inspected at DC, 10 public meetings across the
ACTION: Notice of PS-Prep Small FEMA, Office of Chief Counsel, 500 C country, and multiple meetings with
Business Preparedness Plan; Request for Street, SW., Room 840, Washington, DC government agencies and organizations
Comment. 20472. interested in preparedness and small
FOR FURTHER INFORMATION CONTACT: Mr. business. These comments further
SUMMARY: The Department of Homeland defined small business and provided
Security (DHS) announces an initial Marcus Pollock, National Integration
Center, National Preparedness recommendations regarding appropriate
plan to address small business concerns considerations for separate
in the Voluntary Private Sector Directorate, Protection and National
Preparedness, Federal Emergency classifications and methods for small
Accreditation and Certification business.
Preparedness Program (PS-Prep Management Agency, 500 C Street, SW.,
Program). This initial plan identifies the Washington, DC 20472. Phone: 202– A. DHS Standards Adoption for the PS-
separate classifications and the methods 646–2801 or E-mail: FEMA– Prep Program
of certification available for small NIMS@dhs.gov.
DHS announced formal adoption of
businesses under the PS-Prep Program. SUPPLEMENTARY INFORMATION: the following three standards on June
The purpose of this notice is to (1) 16, 2010 (PS-Prep standards).
I. Background
present the plan for small business 1. ASIS International, ‘‘Organizational
preparedness, and (2) invite public In the Implementing Resilience: Security Preparedness, and
comment on the plan. DHS will Recommendations of the 9/11 Continuity Management Systems—
continue to refine this plan, and will Commission Act of 2007, Congress in Requirements with Guidance for Use,’’
take comments into consideration in Public Law 110–53 (the 9/11 Act) ASIS SPC. 1–2009 (2009 Edition).
doing so. mandated DHS to establish a voluntary 2. British Standards Institution,
Instructions: DHS will review any private sector preparedness ‘‘Business Continuity Management Part
comments received for small business accreditation and certification program. 1: Code of Practice for Business
considerations or the PS-Prep Program This program, now known as the PS- Continuity Management,’’ BS 25999–1:
generally and, when merited, will Prep Program, will assess whether a 2006 (2006 Edition); and ‘‘Business
publish a Federal Register notice private sector entity voluntarily Continuity Management Part 2:
providing the results of that review. complies with one or more Specification for Business Continuity
Those interested may submit preparedness standards adopted by Management,’’ BS 25999–2: 2007 (2007
comments, identified by Docket ID DHS. It will do so through a system of Edition).
FEMA–2008–0017, by one of the accreditation and certification 3. National Fire Protection
following methods: developed by DHS in close coordination Association, ‘‘Standard on Disaster/
• Federal eRulemaking Portal: http:// with the private sector. Emergency Management and Business
www.regulations.gov. Follow the The 9/11 Act contains a provision, Continuity Programs,’’ NPFA–1600
instructions for submitting comments. now codified at 6 U.S.C. 321m(b)(2)(D), (2007 and 2010 Editions).
(Note: This process applies to all which requires the PS-Prep Program to
government requests for comments— ‘‘establish separate classifications and B. Initiation of the PS-Prep
even though as in the case of PS-Prep, methods of certification for small Accreditation and Certification Process
they may not be for regulatory business concerns* * *.’’ The With the formal adoption of the three
purposes.) definition of ‘‘small business concerns’’ PS-Prep standards, the American
• Fax: 703–483–2999. is found in the Small Business National Standards Institute—American
emcdonald on DSK2BSOYB1PROD with NOTICES
• Mail/Hand Delivery/Courier: Office Administration’s regulations at 13 CFR Society for Quality (ANSI–ASQ)
of Chief Counsel, Federal Emergency part 121, published in accordance with National Accreditation Board (ANAB),
Management Agency, 500 C Street, SW., Section 3 of the Small Business Act (15 the designated PS-Prep accrediting
Room 840, Washington, DC 20472– U.S.C. 632). body, will finalize its process for
3100. DHS published a notice in the Federal accrediting third-party certifying bodies
All submissions received must Register on December 24, 2008, (CBs) for the PS-Prep Program.
include the agency name and Docket ID describing DHS implementation of the Businesses may voluntarily choose to
FEMA–2008–0017. All submissions will PS-Prep Program, requesting comment seek third-party certification through
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2. 60774 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices
CBs accredited by ANAB. See http:// 9/11 Act, Congress recognized that conformity with a DHS-adopted
www.anab.org/accreditation/ differences in scale and resources preparedness standard, but which face
preparedness.aspx. require different strategies to effectively the same issues of limited resources and
promote and implement preparedness scale as small businesses. DHS has
C. Prior Solicitation of Comments
for small businesses. Therefore, determined to enable these entities to
Regarding Small Business Aspects Congress directed DHS to ‘‘establish participate in the PS-Prep Program, by
DHS received information and separate classifications and methods of creating classification (2) for not-for-
comments about small business aspects certification for small business concerns profit entities with fewer than 500
of the PS-Prep Program from many * * *.’’ employees. DHS’s reasoning for
sources. These comments further DHS is proposing to use three choosing these qualifications is based
reflected the concerns of small ‘‘classifications’’ of businesses when on the Small Business Administration’s
businesses and provided suggestions determining eligibility for participation regulations at 13 CFR part 121, which
regarding appropriate considerations for in the two ‘‘certification methods’’ (see identify 500 or fewer employees as a
separate classifications and methods of below). Small business concerns common size for small organizations.
certification for small business. referred to in the PS-Prep Program’s DHS will consider refining
Comments and suggestions included authorizing legislation are addressed classification (2) to include a measure of
the following: through the creation of these gross receipts. A possible basis for this
• Include affordable methods for classifications and through the refinement would be the Internal
providing support for implementing provision of an additional, different Revenue Service’s gross receipts
preparedness appropriate for small method of certification, available only requirements for tax-exempt 501(c)(3)
businesses. for small businesses and small not-for- organizations eligible to file form 990–
• Provide a developmental model profit concerns. Certification is the N (annual gross receipts less than or
with progressive steps prior to third- desired outcome of a formal process by equal to $25,000), or form 990–EZ
party certification. which entities are assessed to determine (annual gross receipts between $25,001
• Provide education, tools, technical their conformity to one or more of the and $500,000). Religious and other
assistance, and methods for self- PS-Prep standards. organizations exempt from filing and
assessment as part of a developmental having fewer than 500 employees would
model. A. Classifications of Businesses for PS-
still qualify to use the PS-Prep self-
• Build on existing programs which Prep
certification method. DHS seeks
use preparedness education and best The three classifications of private comment on this proposed method of
practices. sector entities for the PS-Prep Program defining classification (2).
• Include outreach and education are: (1) Small businesses as defined in Classification (3), all private sector
through multiple sources to provide the Small Business Administration’s entities, captures any private sector
education and technical support that is regulations at 13 CFR part 121, entity wishing to participate in the PS-
accessible and convenient for small published in accordance with 15 U.S.C. Prep Program. Therefore, a small
business. 632; (2) other non-governmental entities business would qualify for both
• Include outreach through new and with fewer than 500 employees that do classification (1) and classification (3).
pre-existing networks to enhance not meet the requirements of 13 CFR However, those entities which do not
awareness of the PS-Prep Program, its part 121 and 15 U.S.C. 632; and (3) all meet the requirements for classifications
value, and ways to participate. private sector entities. These (1) and (2) would be included only in
The draft Program outlined in this classifications will be used to classification (3). The purpose of these
notice addresses, in part, the comments, distinguish eligibility of entities classifications is to qualify for
concerns, and suggestions received participating in the two methods of participation in the two methods of
during PS-Prep outreach activities to certification available under the PS-Prep certification available in the PS-Prep
date. Program. Program.
For small businesses, 15 U.S.C. 632
II. PS-Prep Small Business provides the criteria for establishing size B. Methods of Certification for PS-Prep
Preparedness Plan standards and the definitions of terms There will exist two methods for
Using the size standards found at 13 used throughout the Small Business certification under the PS-Prep Program:
CFR part 121 and authorized by 15 Act. The responsibility of establishing (1) Self-declaration of conformity, and
U.S.C. 632, the vast majority of the size standards is given to the (2) third-party certification. Entities that
commerce in the United States is Administrator of the Small Business can be classified as (1) small businesses
represented by small businesses. Administration. The Administrator has as defined in 13 CFR part 121,
According to the 2007 Economic defined small businesses through published in accordance with 15 U.S.C.
Census, there are approximately 7.6 established numerical definitions, or 632, or (2) other non-governmental
million establishments with fewer than ‘‘size standards,’’ for all for-profit entities with fewer than 500 employees,
500 employees, and they employ industries. The complete list of size that do not meet requirements of 13 CFR
approximately 96 million employees. standards can be found in the table at part 121 and 15 U.S.C. 632, are eligible
U.S. society’s well-being depends on 13 CFR 121.201, or see http:// for both methods of certification. All
these businesses for goods and services. www.sba.gov/contractingopportunities/ other entities which do not meet the
Should disaster strike, continued access officials/size/table/index.html. requirements for classifications (1) or (2)
emcdonald on DSK2BSOYB1PROD with NOTICES
to those services and products is an Classification (2), as described above, will be classified as (3), all private
important part of recovery and is intended to capture those small, not- sector entities, and are only eligible for
resilience. for-profit entities which fall outside of the third-party certification method.
The resources required to obtain the for-profit based definition for small Although DHS has at this time
third-party certification to one of the business as found in 15 U.S.C. 632 and identified the two methods of
DHS-adopted preparedness standards 13 CFR part 121. DHS recognizes that certification described herein, other
may pose a challenge and potential there are small not-for-profit entities methods will be examined and
barrier for many small businesses. In the which may also desire to achieve considered. DHS reserves the right to
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3. Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60775
add other methods to the PS-Prep self-declaration of conformity. One potentially become certified to one of
Program following future notice and example may be a comprehensive, Web- the DHS-adopted standards using one of
opportunity for comment. based self-assessment that could include the methods outlined herein. This
Businesses that successfully conform a document review of key business guidance will include attributes that
to any DHS-adopted PS-Prep standard, continuity protocols. these organizations’ small business
as measured by one of the methods support activities have or should have.
outlined in this notice, may receive 2. Third-Party Certification
These attributes will be used by DHS to
recognition from DHS. The process for Any private sector entity may evaluate organizations that provide
and type of recognition that may be undertake an independent, third-party small business support services. For
provided are still under consideration validation that it conforms to one or example, the organizations providing
and more information will be provided more of the PS-Prep standards, using a support to small businesses should have
in subsequent announcements or certifying body (CB) that is accredited some or all of the elements listed below:
notices. by ANAB. This is the general • Demonstrated expertise and
certification scheme outlined in PS- experience in preparedness and small
1. Self-Declaration of Conformity Prep’s authorizing legislation. This business concerns.
Any private sector entity that is a process is notably more rigorous and • A recognized program sponsorship,
member of classifications (1) or (2) as measurable than self-declaration of preferably at a national organization
described above may assess and attest to conformity. Many CBs have a level (e.g., American Red Cross,
its conformity to one or more of the PS- conformity assessment process that Ready.gov, etc.) or at a State or Tribal
Prep standards. tailors to the needs and possible government level.
The self-declaration of conformity resource constraints of small businesses. • Web-based and/or local delivery
process will be similar to what is Under this method, any entity is eligible mechanisms for accessibility to small
sometimes known as a manufacturer’s to seek certification from an ANAB- business at a local level.
or supplier’s declaration of accredited CB. For more information, • Relevant programs or components
conformance. This is based on an see the prior Federal Register notices that are demonstrated to be affordable to
accepted industry practice whereby referenced above and http:// small business.
manufacturers or suppliers formally www.anab.org/accreditation/ • Intent to develop substantive
declare that their products or services preparedness.aspx. relationships between its program or
conform to relevant standards. DHS component tools and elements of PS-
proposes that self-declaration will be C. Additional Small Business Support
Prep standards.
based upon the International DHS recognizes that some small • Administrative mechanisms for
Organization for Standardization/ businesses may desire additional tracking participants in order to
International Electrotechnical guidance and assistance to help them in recognize achievement or progress.
Commission (ISO/IEC) standard achieving preparedness and to prepare By choosing a support organization
17050–1, ‘‘Conformity Assessment— for participating in a method of with elements like these, small
Supplier’s Declaration Assessment— certification. Participation in such businesses should be able to increase
Supplier’s declaration of conformity— guidance and support activities is not their preparedness in an affordable
Part 1: General requirements’’ and ISO/ required to participate in the PS-Prep manner with the support of a reputable
IEC standard 17050–2, ‘‘Conformity Program. However, small businesses organization that uses proven practices.
Assessment—Supplier’s declaration of might find it useful as they seek
conformity—Part 2: Supporting conformance to one of the DHS-adopted III. Request for Comment
documentation.’’ Together, these parts of preparedness standards. This notice describes the plan for
the standard specify general There are a number of public and implementing separate classifications
requirements for a supplier’s declaration private entities that provide programs and methods of certification for small
of conformity in cases where conformity and activities that support businesses. DHS intends for the third-
of an object to a specified requirement preparedness. These entities include party certification method to be formally
must be attested. academic institutions, community-based announced in September 2010 and will
In the United States, ISO/IEC standard non-profit, and for-profit institutions continue to refine the PS-Prep Small
17050–1 and 17050–2 are available for that provide education, training, Business Preparedness Plan based on
the respective fees of $49.00 and $37.00. assessment and technical assistance to public feedback. DHS invites comments
To purchase, search the American small business. DHS encourages the on the PS-Prep Small Business
National Standards Institute online development of tools and programs that Preparedness Plan as outlined in this
store, at http://webstore.ansi.org/ will assist small businesses in notice and, specifically, invites
default.aspx. In addition, FEMA will improving preparedness and reaching comments regarding the following:
maintain a copy of the standard, and conformance to an adopted standard. • The classifications of businesses in
make it available upon request for Businesses may participate in a variety the PS-Prep Program, including how
viewing in person at FEMA’s reading of preparedness related activities such they are used to distinguish eligibility
room, located at 500 C Street, SW., as classroom or web-based courses, for the methods of certification outlined
Room 840, Washington, DC 20472. Due technical assistance to conduct a hazard in this notice.
to licensing and copyright restrictions, and/or vulnerability assessments, or to • The methods of certification (self-
however, these documents will be establish governance or planning declaration of conformity and/or third-
emcdonald on DSK2BSOYB1PROD with NOTICES
available for review only, not for activities. party certification).
copying. DHS will develop guidance for small • The use of the ISO/IEC 17050-Parts
DHS is still considering the plan for businesses based on public input from 1 and 2 to guide the self-declaration of
management and oversight of the self- this Federal Register notice and other conformity process.
declaration of conformity process, and outreach activities. This guidance will • Recommendations for:
will provide more information through assist small businesses in identifying Æ Information to include in the
subsequent announcements or notices. organizations that can help them both guidance for small business support
DHS will consider other processes of improve their preparedness and activities attributes referenced in
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4. 60776 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices
Section II.C., above, including the types (CFRFC) grant funds. Specifically, sufficient and reasonably available
of organizations and programs to exceptions were granted to the New quantities or of satisfactory quality.
consider and the attributes that should Smyrna Beach Housing Authority in Dated: September 24, 2010.
be considered. New Smyrna Beach, FL for the purchase Deborah Hernandez,
Æ Additional approaches to providing and installation of tankless water
General Deputy Assistant Secretary for Public
support for small business education, heaters for the Donnelly Homes, and Indian Housing.
training, and development. Greenlawn Terrace, Live Oaks Homes,
[FR Doc. 2010–24620 Filed 9–30–10; 8:45 am]
Æ How businesses can be recognized and Enterprise Homes projects.
under each method of certification. BILLING CODE 4210–67–P
Æ Whether classification (2) as FOR FURTHER INFORMATION CONTACT:
discussed in II.A, above, should be Dominique G. Blom, Deputy Assistant
based upon the Internal Revenue Secretary for Public Housing DEPARTMENT OF HOUSING AND
Service’s use of gross receipts to Investments, Office of Public Housing URBAN DEVELOPMENT
determine reporting requirements for Investments, Office of Public and Indian [Docket No. FR–5374–N–18]
tax-exempt 501(c)(3) organizations. Housing, Department of Housing and
Æ How to encourage small businesses Urban Development, 451 7th Street, Buy American Exceptions Under the
considering participation in self- SW., Room 4130, Washington, DC, American Recovery and Reinvestment
declaration of conformity to participate 20410–4000, telephone number 202– Act of 2009
in third-party certification instead. 402–8500 (this is not a toll-free
number). Persons with hearing- or AGENCY: Office of the Assistant
Æ Recommendations on the use of a
speech-impairments may access this Secretary for Public and Indian
limited conformity assessment process
number through TTY by calling the toll- Housing, HUD.
that would include an off-site document
free Federal Information Relay Service ACTION: Notice.
review without an accompanying on-
site assessment. A limited conformity at 800–877–8339.
SUMMARY: In accordance with the
assessment process may potentially SUPPLEMENTARY INFORMATION: Section American Recovery and Reinvestment
reduce some of the costs associated with 1605(a) of the Recovery Act provides Act of 2009 (Pub. L. 111–05, approved
conformity assessment. that none of the funds appropriated or February 17, 2009) (Recovery Act), and
Æ Recommendations on whether DHS made available by the Recovery Act may implementing guidance of the Office of
should consider other methods of be used for a project for the Management and Budget (OMB), this
certification for the PS-Prep Program, construction, alteration, maintenance, or notice advises that certain exceptions to
and what those methods might entail. repair of a public building or public the Buy American requirement of the
Æ Recommendations on whether the work unless all of the iron, steel, and Recovery Act have been determined
use of this process should be associated manufactured goods used in the project applicable for work using Capital Fund
with either self-declaration or third- are produced in the United States. Recovery Formula and Competition
party assessment, or both. Section 1605(b) provides that the Buy (CFRFC) grant funds. Specifically,
Authority: 6 U.S.C. 321m(b)(2)(D). American requirement shall not apply exceptions were granted to the
Dated: September 24, 2010. in any case or category in which the Cambridge Housing Authority for the
W. Craig Fugate, head of a Federal department or agency purchase and installation of energy
finds that: (1) Applying the Buy efficient bathroom exhaust fans for the
Administrator, Federal Emergency
Management Agency. American requirement would be Washington Elms project.
inconsistent with the public interest; (2) FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2010–24673 Filed 9–30–10; 8:45 am]
iron, steel, and the relevant Dominique G. Blom, Deputy Assistant
BILLING CODE 9111–46–P
manufactured goods are not produced in Secretary for Public Housing
the U.S. in sufficient and reasonably Investments, Office of Public Housing
available quantities or of satisfactory Investments, Office of Public and Indian
DEPARTMENT OF HOUSING AND quality; or (3) inclusion of iron, steel, Housing, Department of Housing and
URBAN DEVELOPMENT and manufactured goods will increase Urban Development, 451 7th Street,
[Docket No. FR–5374–N–19] the cost of the overall project by more SW., Room 4130, Washington, DC,
than 25 percent. Section 1605(c) 20410–4000, telephone number 202–
Buy American Exceptions under the provides that if the head of a Federal 402–8500 (this is not a toll-free
American Recovery and Reinvestment department or agency makes a number). Persons with hearing- or
Act of 2009 determination pursuant to section speech-impairments may access this
AGENCY: Office of the Assistant 1605(b), the head of the department or number through TTY by calling the toll-
Secretary for Public and Indian agency shall publish a detailed written free Federal Information Relay Service
Housing, HUD. justification in the Federal Register. at 800–877–8339.
ACTION: Notice. In accordance with section 1605(c) of SUPPLEMENTARY INFORMATION: Section
the Recovery Act and OMB’s 1605(a) of the Recovery Act provides
SUMMARY: In accordance with the implementing guidance published on that none of the funds appropriated or
American Recovery and Reinvestment April 23, 2009 (74 FR 18449), this notice made available by the Recovery Act may
Act of 2009 (Pub. L. 111–05, approved advises the public that, on September be used for a project for the
emcdonald on DSK2BSOYB1PROD with NOTICES
February 17, 2009) (Recovery Act), and 16, 2010, upon request of the New construction, alteration, maintenance, or
implementing guidance of the Office of Smyrna Beach Housing Authority, HUD repair of a public building or public
Management and Budget (OMB), this granted an exception to the Buy work unless all of the iron, steel, and
notice advises that certain exceptions to American requirement with respect to manufactured goods used in the project
the Buy American requirement of the work, using CFRFC grant funds, based are produced in the United States.
Recovery Act have been determined on the fact that the relevant Section 1605(b) provides that the Buy
applicable for work using Capital Fund manufactured goods, tankless water American requirement shall not apply
Recovery Formula and Competition heaters, are not produced in the U.S. in in any case or category in which the
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