2318 Rayburn House Office Building

Hearing Purpose:

• To review the Fastener Quality Act and determine if Congress should recognize

the FAA as the quality authority for the proprietary fasteners of aviation manufactures.

Witnesses:

1. The Honorable Don Fuqua

President

Aerospace Industries Association of America, Inc.

Washington, D.C.

1. Mr. Raymond Kammer

Director

National Institute of Standards and Technology

Washington, D.C.

1. Mr. Thomas E. McSweeny

Director - Aircraft Certification

Federal Aviation Administration

Washington, D.C.

1. Mr. Ed Bolen

Background:

During the 101^st Congress, the Science Committee was involved in crafting legislation intended to improve public safety by ensuring the quality of the nuts, bolts, studs, and screws used in certain types of manufacturing. At that time, there was a concern that counterfeit and substandard fasteners posed a threat to our Nation’s defense readiness, industrial productivity, and public safety.

The Fastener Quality Act (FQA), passed in 1990 but still not implemented, requires all threaded, metallic, through-hardened fasteners of ¼ inch diameter or greater that directly or indirectly reference a consensus standard to be tested and documented by a National Institute of Standards and Technology certified laboratory. In 1996, legislation amending FQA passed Congress making it clear that fasteners produced to the standards and specifications of major end users were not subject to the Act. However, in implementing the rules, NIST determined that the proprietary fasteners of aviation manufacturers are not exempt from the requirements of FQA. The rules are scheduled to take effect July 27 of this year.

Fasteners produced to standards and specifications of aviation manufacturers are currently subject to the federal quality assurance programs of the Federal Aviation Administration (FAA). By law, aviation manufactures are required to demonstrate to the FAA that they have established and can maintain a quality control system which ensures that their products (including fasteners) meet design specifications. In a recent letter from the FAA to NIST, the FAA argues that subjecting aviation manufactures to the FQA "would impose double regulation and may even undermine the level of safety provided by the FAA". The FAA has formally requested that NIST immediately exempt FAA production approval holders from the FQA.

The aviation industry is concerned NIST’s interpretation of the FQA could severely impact production. In addition to double regulation by both NIST and the FAA, the industry is also concerned that there are not enough NIST-certified labs to fully implement the FQA. The shortage of NIST-certified labs could lead to production delays and increased costs.

Last week, NIST and the FAA reached an apparent 11^th hour agreement which would limit the scope of the FQA rules. However, NIST maintains that it lacks the authority to recognize the FAA as the quality authority for the proprietary fasteners of aviation manufacturers. Without Congressional action, the aviation industry will be subject to the FQA when the rules take effect in July. The Senate Commerce Committee included a FQA exemption for the aviation industry in the NIST reauthorization bill that was reported out of committee last week.

Issues:

• Is it necessary to subject aviation manufacturers to the FQA? The FAA has written to NIST stating that it believes subjecting the proprietary fasteners of aviation manufacturers to a second set of federal regulations is redundant and detrimental to aviation safety.

• Are NIST’s FQA rules written clearly enough for the industry to conform to them? The aviation industry argues that not only are NIST’s regs redundant and unnecessary, they also are too vague to be interpreted by the aviation industry.

• Are there enough NIST-certified labs to fully implement the FQA? According to the aviation industry, more than twice as many labs will be needed than currently exist.

• Since other industries have been exempted from the FQA, is it also necessary to exempt the aviation industry? For example, certain fasteners used in the mining industry have been exempted from the Act since they are already regulated by the Mine Safety and Health Administration.

• Does NIST have the authority to recognize the FAA as the quality authority for the proprietary fasteners of aviation manufacturers, or is a statutory change necessary?