[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Notices]
[Page 54013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25777]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6451-3]


Notice of Establishment of Point of Contact for Small Business 
Concerns Regarding Compliance Problems Arising from Year 2000 (Y2K) 
Failures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 18 of the Y2K Act (P.L. 106-37) provides for 
suspension of penalties for certain Year 2000 (Y2K) failures by small 
business concerns. Section 18(b) requires each Federal agency to 
establish a point of contact to act as a liaison between the agency and 
small business concerns with respect to problems arising out of Y2K 
failures and compliance with Federal rules and regulations. The 
Environmental Protection Agency (EPA) is naming Ginger Gotliffe as its 
contact for small business concerns. In addition, EPA is naming Gary 
Jonesi as its contact for larger businesses who have Y2K compliance 
questions, or any business that has questions about application of 
EPA's Y2K enforcement policy.

ADDRESSES: Ginger Gotliffe, Office of Enforcement and Compliance 
Assurance (OECA) , U.S. Environmental Protection Agency, Mail Code 
2224A, 401 M Street, SW, Washington, DC 20460, phone 202-574-7072, e-
mail [email protected]. Gary Jonesi, Office of Enforcement and 
Compliance Assurance (OECA), U.S. Environmental Protection Agency, Mail 
Code 2241A, 401 M Street, SW, Washington, DC 20460, phone 202-564-4002, 
e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Ginger Gotliffe or Mr. Gary 
Jonesi, at addresses above.

SUPPLEMENTARY INFORMATION: On July 20, 1999, President Clinton signed 
the ``Y2K Act,'' which generally establishes special substantive and 
procedural rules for commercial litigation related to Y2K computer 
failures. Under section 18 of the Y2K Act, Federal agencies shall waive 
civil monetary penalties for first-time violations by a small business 
concern of a federally enforceable rule or regulation caused by a Y2K 
failure occurring through December 31, 2000, provided that certain 
conditions are met. For purposes of the Y2K Act, a ``small business 
concern'' is defined as an unincorporated business, partnership, 
corporation, association, or organization, with fewer than 50 full-time 
employees. The law also provides an exception to the waiver of civil 
penalties in certain circumstances, for example, if the violation 
resulted in actual harm or creates an imminent threat to public health, 
safety, or the environment.
    EPA issued a Y2K Enforcement Policy on November 30, 1998. The 
policy was designed to encourage prompt testing of computer-related 
equipment to ensure that environmental compliance is not impaired by 
Y2K failures. Under the policy (published on the Internet at 
www.epa.gov/year2000 and at 64 FR 11881, March 10, 1999) EPA states 
that it will waive 100% of the civil penalties that might otherwise 
apply, and will recommend against criminal prosecution, for 
environmental violations caused by specific tests designed to identify 
and eliminate Y2K-related malfunctions. The policy applies to testing-
related violations disclosed to EPA by February 1, 2000, subject to 
certain conditions to ensure protection of public health and the 
environment.

    Dated: September 28, 1999.
Michael Stahl,
Acting Director, Office of Compliance.
[FR Doc. 99-25777 Filed 10-4-99; 8:45 am]
BILLING CODE 6560-50-P