[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Notices]
[Pages 29080-29081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13644]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration
[Docket No. RSPA-99-5143 (Notice No. 99-7)]


Hazardous Materials Transportation Advisory; Year 2000 (Y2K) 
Conversion

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Year 2000 (Y2K) enforcement policy advisory notice.

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SUMMARY: Because many elements of the nation's transportation system 
rely on computers, computerized equipment, and electronic databases, 
the year 2000 may see potential problems and disruptions that could 
have an adverse

[[Page 29081]]

impact on transportation safety or result in unnecessary delays and 
additional costs. RSPA believes that most, if not all, of these 
potential problems and disruptions may be avoided by taking relatively 
simple steps to determine whether currently operating computer systems 
will misinterpret the year ``00'' as 1900, rather than 2000. The 
purpose of this notice is to advise persons performing functions 
subject to the Hazardous Materials Regulations (HMR) that RSPA does not 
intend to reduce civil penalties for violations of the HMR or withdraw 
notices of probable violation, unless the responsible party is able to 
demonstrate a timely and appropriate level of effort to identify and 
prevent such occurrences. This notice also provides information on Y2K 
resources.

FOR FURTHER INFORMATION CONTACT: Mr. John J. O'Connell, Jr., (202) 366-
4700, Office of Hazardous Materials Enforcement or Mr. Edward H. 
Bonekemper, III, (202) 366-4400, Office of the Chief Counsel, Research 
and Special Programs Administration.

SUPPLEMENTARY INFORMATION: Background. The Year 2000 (Y2K) issue arises 
because a number of computerized functions require recognition of a 
specific year, day, and time, but many computers (including 
computerized equipment) recognize only the last two digits of a year's 
date (i.e., 1998 is 98; 2000 is 00). Therefore, when the calendar 
changes to the year 2000, some computers and some equipment with an 
embedded computer chip, may have difficulty interpreting the correct 
date. They may interpret the year to be 1900 or some other year. As a 
result, some computers and equipment containing embedded computer chips 
may be unable to function properly. Others may continue to operate, but 
erroneously, while others simply may stop and need to be restarted. 
Some systems may create data that look correct, but in reality contain 
errors, while other systems may continue to operate correctly.
    In addition, some technical experts warn that certain computer-
related systems may have trouble functioning properly on more than a 
dozen other dates arising over the next two years. For example, the 
digital representation of September 9, 1999, 9/9/99 (``four 9s''), may 
be interpreted as the end of a file or infinity, and, thus, may have 
unintended consequences. This policy statement also encompasses 
concerns over computer-related testing problems that may arise as a 
result of any of the dozen or more dates. Together, these dates are 
referred to as ``Y2K.''
    Enforcement policy. Under delegations from the Secretary of 
Transportation, RSPA has broad authority to issue and enforce rules and 
regulations governing the safe transportation of hazardous materials 
(49 CFR Part 1) (49 U.S.C. Sec. 5101 et seq.). RSPA shares enforcement 
authority of the Hazardous Materials Regulations (HMR; 49 CFR parts 
171-180) with DOT's four modal administrations (U.S. Coast Guard, 
Federal Aviation Administration, Federal Highway Administration, and 
Federal Railroad Administration). RSPA has primary enforcement 
jurisdiction in regard to the manufacture, fabrication, marking, 
maintenance, reconditioning, repair, testing, or retesting of any 
packaging which is represented, marked, certified, or sold for use in 
the transportation of hazardous materials, including any United Nations 
standard or DOT specification or exemption packaging (except with 
respect to modal-specific bulk containers, which are the responsibility 
of the applicable modal administration). RSPA also has jurisdiction 
over any violation of an exemption or approval issued under Federal 
hazardous materials transportation law, and over any offerer of any 
hazardous material for transportation in a packaging other than a 
modal-specific bulk packaging.
    Under subpart D of part 107, Title 49, Code of Federal Regulations, 
a respondent in a RSPA civil penalty action may propose a compromise to 
a notice of probable violation or may request a formal administrative 
hearing, RSPA's Chief Counsel, in consultation with the Associate 
Administrator for Hazardous Materials Safety, has discretion to reduce 
proposed civil penalties or dismiss the notice of probable violation 
when the respondent presents evidence justifying mitigation or 
dismissal.
    RSPA's Chief Counsel, in consultation with RSPA's Associate 
Administrator for Hazardous Materials Safety, will not reduce a 
proposed civil penalty, dismiss a violation, or withdraw the notice of 
probable violation if the proposed violation is based on a Y2K-related 
equipment or process malfunction unless the responsible party is able 
to demonstrate an appropriate level of effort to avoid a Y2K problem 
prior to the occurrence of the violation.
    Emphasis on Testing. RSPA strongly urges all persons performing 
functions subject to the HMR to test their computer systems for Y2K 
vulnerability, and to establish contingency plans should Y2K problems 
result in critical functions shutting down or malfunctioning. Public 
safety requires compliance with the HMR. The regulated community, 
therefore, must take appropriate steps necessary to anticipate and 
resolve potential safety compliance problems that may result from Y2K-
related problems. In an effort to ensure timely compliance, RSPA's 
intent in adopting this enforcement policy is to promote the necessary 
and early testing of computer systems. RSPA is committed to encouraging 
and enforcing full adherence to safety requirements regardless of 
potential Y2K-related problems.
    Examples of potential Y2K-related problems that may lead to 
noncompliance with requirements of the HMR include the following:
     Packaging fabrication machinery that may produce 
containers intended for use in hazardous materials transportation 
service that do not conform to specifications;
     Packaging testing equipment that may produce erroneous 
data concerning a container's ability to meet standards;
     In-house telephone switching equipment that may mis-route 
calls made to an emergency response telephone number for use in event 
of an emergency involving a hazardous material;
     Failure of a remote terminal to immediately access a 
record that is permitted to be maintained at a party's principal place 
of business; and
     Use of non-Y2K compliant electronic data bases that track 
due dates, including those addressing--
    1. Requalification of compressed gas cylinders,
    2. Renewal of hazardous materials training for hazmat employees, 
and
    3. Renewals for certain exemptions, approvals or registrations 
issued under the HMR.
    Y2K Information Resources. As part of its efforts to avoid 
transportation safety related problems arising from Y2K, RSPA's 
hazardous materials safety internet site. (http://hazmat.dot.gov/
y2k.htm) contains information, and links to sites on the worldwide web, 
that persons subject to requirements of the HMR may find useful to the 
identification of potential problems and strategies for resolving those 
problems.

    Issued in Washington, D.C. on May 24, 1999.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
Elaine E. Joost,
Acting Chief Counsel.
[FR Doc. 99-13644 Filed 5-27-99; 8:45 am]
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