Y2K Readiness

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 633]

Y2K Readiness

AGENCY: Surface Transportation Board.

ACTION: Y2K Notice.

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SUMMARY: The Surface Transportation Board (Board) is opening this

docket for railroads and other interested parties to inform the Board

of any anticipated Y2K problems within the railroad transportation

industries.

DATES: Comments should be filed as soon as possible after any Y2K

problems are discovered that will not be corrected by December 31,

1999.

ADDRESSES: Send an original plus 10 copies of any comments, referring

to STB Ex Parte No. 633, to the Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC

20423-0001.

FOR FURTHER INFORMATION CONTACT: Melvin F. Clemens, Jr., (202) 565-

1573. [TDD for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 11101(a), railroads must

provide transportation or rail services upon reasonable request. Given

the complex nature of railroad operations, switching and interchange,

some potential Y2K problems appear capable of disrupting railroad

operations and the smooth flow of traffic between rail carriers. In

such an event, the Board is prepared to assume an active role in the

interest of the public, both to maintain rail operations while any

computer problems are repaired and to take steps to return rail service

to normal levels. If rail service is disrupted, the Board can issue

temporary emergency service orders and can direct a carrier to operate

the lines of another carrier that has ceased operations. Such orders

can be effective for a period of up to 270 days. Emergency orders may

direct the handling, routing, or distribution of traffic; require joint

or common use of railroad facilities; or prescribe temporary through

routes. Additionally, the Board may prioritize traffic, such as the

movements of coal to electric generating plants, and require traffic to

move only under special permits.

The Board also may issue emergency orders to enable Amtrak to

reroute passenger trains when its normal routes are temporarily

unavailable. Through the Board's Agent, Melvin F. Clemens, Jr.,

Director, Office of Compliance and Enforcement, such emergency orders

may be issued at any time, day or night.

In order to assist the Board in preparing for any possible

disruptions of railroad operations that may result from Y2K problems,

the Board is requesting railroads and other interested parties to

inform the Board of any such anticipated problems before they occur.

Such information to the Board should be based on specific Y2K problems

that are considered unresolvable by December 31, 1999.

Additionally, under section 18 of the Y2K Act, Pub. L. 106-37, 113

Stat. 185, civil penalties are suspended for a small business concern,

as defined in section 105 of Title 5, United States Code, for a first

time violation of a Federally enforceable rule or regulation caused by

a Y2K failure, if that Federal rule or regulation has not been violated

within the preceding 3 years by that small business concern. Under 49

U.S.C. Chapter 119, the Board has the authority to impose civil

penalties for violations of statutes and regulations within its

jurisdiction. Under section 18 of the Y2K Act, each agency of the

United States Government with such authority must establish a point of

contact within the agency 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 or regulations. The Board is

complying with this statutory requirement by designating its Office of

Compliance and Enforcement as its point of contact for small business

concerns that experience a Y2K failure.

Board decisions and notices are available on our website at

``WWW.STB.DOT.GOV.'' This notice will also be specifically served on

the Association of American Railroads, The American Short Line and

Regional Railroad Association, the Federal Railroad Administration, and

Amtrak.

Decided: August 17, 1999.

By the Board, Chairman Morgan, Vice Chairman Clyburn, and

Commissioner Burkes.

Vernon A. Williams,

Secretary.

[FR Doc. 99-21820 Filed 8-18-99; 2:52 pm]

BILLING CODE 4915-00-P