Statement of
Raymond G. Kammer
Director
National Institute of Standards and Technology
before the
House Committee on Science
Subcommittee on Technology
Aviation Manufacturing and the Fastener Quality Act
May 7, 1998
Chairwoman Morella and other Members of the Subcommittee, I am pleased to testify before you today on issues raised regarding fasteners in the aerospace industry covered by the Fastener Quality Act.
The primary intent of the FQA (Public Law 101-593 as amended by Public Law 104-113) is to improve fastener quality and reduce the danger of fastener failure. The Act protects the public safety by:
(1) requiring that certain fasteners which are sold in commerce conform to the specifications to which they are represented to be manufactured;
(2) providing for accreditation of laboratories engaged in fastener testing; and
(3) requiring inspection, testing and certification, in accordance with standardized methods, of fasteners covered by the Act.
NIST has been involved in the implementation of the FQA since its enactment, working with industry to ensure that the public safety is protected with the least cost to industry. We have worked continually with the affected industries, the Congress and several Federal agencies since that time.
The Act was amended in March 1996 after comment from the fastener industry on NIST=s 1992 proposed rule demonstrated a need to change the law to provide for compliance at a much lower cost to industry. In September 1996, NIST issued a final rule implementing the amended FQA.
Since then the automobile and other industries asked us to incorporate certain modern manufacturing practices into the rule. Once again, NIST worked with the fastener and other affected industries, including the aerospace industry, to develop the necessary procedures. These procedures were incorporated into the September 1996 implementing regulations by a final rule published on April 14, 1998. This rule establishes the procedures for registration of in-process inspection activities of qualifying manufacturing facilities that use Quality Assurance Systems (QAS). This change facilitates implementation of the Act, and will better accommodate modern industry practices by incorporating these practices into the certification process of fasteners covered by the Act. As a result of these changes supported by the Administration, working with industry, and with the leadership of this Subcommittee, a law which was to impose more than a $1 billion impact on the economy has now been streamlined so that impacts will be minimal.
When the Technology Administration authorization bill was brought to markup before the Senate Commerce, Science and Transportation Committee, an amendment was drafted to address
Federal Aviation Administration=s Aircraft Certification Service and the Department of Commerce=s responsibilities under the FQA. We believe that while all parties share the goal to assure that aviation fasteners are both safe and not subject to duplicative regulation, a technical amendment will have to be made when the bill reaches the floor of the Senate. The amendment that NIST and FAA propose would have the FAA identify the fasteners for which they are responsible. NIST is then responsible for assuring appropriate conformance testing for the remaining aircraft fasteners covered by P.L. 101-593.
Therefore, NIST and the FAA agree that when the FAA assures quality or suitability for the limited universe of proprietary fasteners produced for the U.S. civil aviation industry, NIST should not insist on additional tests. NIST and FAA suggest the following language to accomplish this goal:
A
Any fastener (other than standard parts -- such as nuts and bolts -- conforming to established consensus standards organization or government agency standards or specifications) used on an aircraft or component, system, subassembly, or part thereof whose quality or suitability for use is approved by the Federal Aviation Administration following manufacture or alteration, shall be deemed to be in compliance with the Fastener Quality Act (P.L. 101-592) as amended and any regulations or orders promulgated thereunder. The Federal Aviation Administration shall publish policy material implementing this section, defining the types of fasteners that are approved by the Federal Aviation Administration.@Because many aircraft fasteners are not built to consensus standards or do not enter into commerce--and as a result are not presently covered by the FQA--the immediate effect of this change is expected to be minimal. In addition, under both existing law and the proposed change, fasteners built to consensus standards will continue to be regulated under the FQA. It may, however, stimulate future competition in the replacement part market by removing redundant regulation.
I thank you, Madam Chairwoman, for this opportunity to come before your Subcommittee to explain the agreement reached by FAA and NIST. I would be happy to answer any questions.