[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
