Voluntary Private Sector Accreditation and Certification Preparedness Program

Department of Homeland Security Office of Chief Counsel Federal Emergency Management Agency 500 C Street, S.W., Room 840 Washington, DC 20472-3100 VIA FEDERAL E-RULEMAKING PORTAL (www.regulatons.gov) Re:Voluntary Private Sector Accreditation and Certification Preparedness Program Docket ID FEMA-2008-0017 The American Petroleum Institute (API) is commenting on the Federal Register notice published on October 16, 2009 with an extension notice published in the November 4, 2009, issue of the Federal Register. API is a non-profit trade association that represents companies engaged in all aspects of oil and gas operations, including exploration, production, refining, transportation and terminal storage and distribution operations. As outlined in the Notice, the Federal Emergency Management Agency (FEMA) intends to adopt three standards for its Voluntary Private Sector Accreditation and Certification Preparedness Program, known as "PS-Prep." API does not take issue with the three proposed standards. However, FEMA should consider the following: 1.Consistent with keeping PS-Prep a voluntary program, as directed by Congress, FEMA should expressly and strongly emphasize that neither program participation nor the accreditation or certification standards establish an enforceable duty, a standard of care or any other basis for imposing civil liability. Congress established PS-Prep as a voluntary program, and consistent with that mandate FEMA should declare that when it adopts a PS-Prep standard it does not expressly or implicitly sanction that standard as an enforceable duty, a standard of care or some other basis for imposing civil liability. 2.Entities that are already subject to comprehensive emergency preparedness regulation under the Pipeline Safety Act, the Chemical Facility Anti-Terrorism Act, the Marine Transportation Security Act, etc., should be able to obtain PS-Prep certification solely by documenting their compliance. The oil and gas sector is