Comment submitted by National Society of Professional Engineers (NSPE)

Docket ID EPA-HQ-OPA-2005-0001 As currently written, the proposed rule to allow self-certification of oil-containment measures without a licensed professional engineer in responsible charge of the design and evaluation, which is in violation of the NCEES model law for practice of engineering, which is implemented by most states. The proposed rule should be changed to require these certification to be performed under the responsible charge of a professional engineer licensed in the state in whch the facility is located. Self-certification is still possible if the entity employs said professional engineer and puts that engineer in responsible charge of the certification. The entity must otherwise obtain the services of said professional engineer to provide such responsible charge. The employment of a licensed professional engineer is necessary to ensure the adequacy of the certification and understanding of all the faxctors involved in the certification process, which is vital to ensuring the safety of the public.