[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Notices]
[Pages 45582-45583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21773]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Notice of Establishment of Point of Contact between DOT and Small 
Business Concerns With Respect to Problems Arising out of Y2K Failures 
and Compliance With Federal Rules or Regulations

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: DOT is establishing a point of contact with small business 
concerns with respect to problems arising out of Y2K failures and 
compliance with Federal rules or regulations. This action is required 
by the Y2K Act.

DATES: Effective August 20, 1999.

FOR FURTHER INFORMATION CONTACT: Gerardo Franco, Department of 
Transportation, 400 7th Street SW., Washington, DC 20590, (202) 366-
1902.

SUPPLEMENTARY INFORMATION: On July 20, 1999, the President signed H.R. 
775, the ``Y2K Act.'' The Act provides temporary relief for small 
business concerns that cannot comply with Federal rules and regulations 
because of Y2K problems. Among other things, it requires agencies to 
waive civil penalties for a first time violation of any federally 
enforceable rule by a small business (defined as 50 employees or less) 
that was due to a Y2K failure when the small business meets the 
standards for a waiver. An agency shall provide a waiver of civil 
penalties for a first-time violation, if the small business concern 
demonstrates, and the agency determines that:
    (1) The small business concern previously made a reasonable good 
faith effort to anticipate, prevent, and effectively remediate a 
potential Y2K failure;
    (2) A first-time violation occurred as a result of the Y2K failure 
of the small business concern or other entity, which significantly 
affected the small business concern's ability to comply with a Federal 
rule or regulation;
    (3) The first-time violation was unavoidable in the face of a Y2K 
failure or occurred as a result of efforts to prevent the disruption of 
critical functions or services that could result in harm to life or 
property;
    (4) Upon identification of a first-time violation, the small 
business concern initiated reasonable and prompt measures to correct 
the violation; and
    (5) The small business concern submitted notice to the appropriate 
agency of the first-time violation within a reasonable time not to 
exceed 5 business days from the time that the small business concern 
became aware that the first-time violation had occurred.
    An agency may impose civil money penalties authorized under Federal 
law on a small business concern for a first-time violation if:
    (1) The small business concern's failure to comply with Federal 
rules or regulations resulted in actual harm, or constitutes or creates 
an imminent threat to public health, safety, or the environment; or
    (2) The small business concern fails to correct the violation not 
later than 1 month after initial notification to the agency.
    This relief does not apply to first-time violations caused by a Y2K 
failure occurring after December 31, 1999.

[[Page 45583]]

    The Act requires that by August 19, 1999, each agency must 
establish a point of contact for small businesses ``with respect to 
problems arising out of Y2K failures and compliance with Federal rules 
or regulations.''
    The Department's point of contact for this purpose is Gerardo 
Franco, Department of Transportation, 400 7th Street SW., Washington, 
DC 20590, (202) 366-1902.
    Small businesses may also directly contact the Department's 
constituent agencies about these problems. More information about Y2K 
and a list of the DOT agencies' small business liaison officers may be 
obtained through our Office of Small and Disadvantaged Business 
Utilization's Internet website at: http://osdbuweb.dot.gov.
Rosalind A. Knapp,
Deputy General Counsel.
[FR Doc. 99-21773 Filed 8-18-99; 11:46 am]
BILLING CODE 4910-62-P