[Federal Register: September 28, 1998 (Volume 63, Number 187)]
[Rules and Regulations]
[Page 51525-51526]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se98-6]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
15 CFR Part 280
[Docket No. 980623159-8238-02]
RIN 0693-AB47
Implementation of the Fastener Quality Act
AGENCY: National Institute of Standards and Technology, United States
Department of Commerce.
ACTION: Final rule and extension of implementation date.
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SUMMARY: Director of the National Institute of Standards and Technology
(NIST), United States Department of Commerce, under authority delegated
by the Secretary of Commerce, and pursuant to Pub. L. 105-234, is
postponing the effect of the Fastener Quality regulation by extending
its implementation date until June 1, 1999. As a service to the public,
those wishing to seek registration or accreditation, or record fastener
insignia may continue to do so on a purely voluntary basis under the
procedures set out in the regulation.
DATES: Effective September 28, 1998.
FOR FURTHER INFORMATION CONTACT:
Dr. Subhas G. Malghan, FQA Program Manager, Technology Services,
National Institute of Standards and Technology, Building 820, Room 306,
Gaithersburg, MD 20899, telephone number (301) 975-5120.
SUPPLEMENTARY INFORMATION:
Background
The Fastener Quality Act (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 and registration of
manufacturing facilities engaged in fastener testing; and (3) requiring
inspection, testing and certification, in accordance with standardized
methods, of fasteners covered by the Act.
The Secretary of Commerce, acting through the Director of NIST,
published final regulations implementing the Act on September 26, 1996.
Those regulations established procedures under which: (1) Laboratories
in compliance with the Act may be listed; (2) laboratories may apply to
NIST for accreditation; (3) private laboratory accreditation entities
(bodies) may apply to NIST for approval to accredit laboratories; and
(4) foreign laboratories accredited by their governments or by
organizations recognized by the NIST Director under section 6(a)(1)(C)
of the Act can be deemed to satisfy the laboratory accreditation
requirements of the Act. The regulation also established, within the
PTO, a recordation system to identify the manufacturers or distributors
of covered fasteners to ensure that the fasteners may be traced to
their manufacturers or private label distributors. in addition, the
regulations contained provisions on testing and certification of
fasteners, sale of fasteners subsequent to manufacture, recordkeeping,
applicability of the Act, enforcement, civil penalties, and hearing and
appeal procedures. The effective date of those regulations was November
25, 1996, and they were to apply to fasteners manufactured on or after
May 27, 1997, the ``implementation date''.
[[Page 51526]]
On April 18, 1997, as permitted by Section 15 of the Act, NIST
announced a one year extension of the implementation date of the
regulations to May 26, 1998, because there were an insufficient number
of accredited laboratories to conduct the volume of inspection and
testing required by the Act and regulations (62 FR 19041 (1997)).
During the one year extension, on September 8, 1997, NIST published for
public comment proposed amendments to the final rule published in
September 1996 (62 FR 47240 (1197)). On April 14, 1998, based on the
public comments received on the September 1997 proposed rule, NIST
published amendments to the September final rule (63 FR 18260 (1998)).
The effective date of the April 1998 amendments to the September 1996
final rule was May 14, 1998. The April 1998 final rule established the
procedures for registration of in-process inspection activities of
qualifying manufacturing facilities that use Quality Assurance Systems
(QAS), revised definitions and related sections for clarity , and
corrected editorial errors. Pursuant to section 15 of the Act, the
April 1998 final rule also extended the implementation date by sixty
days, to July 26, 1998.
On June 30, 1998, NIST announced that an insufficient number of
laboratories would be accredited by July 26, 1998 to perform the volume
of inspection and testing required by the Act and, pursuant to section
15 of the Act, extended the implementation date to October 25, 1998.
On August 14, 1998, President Clinton signed Pub. L. 105-234, which
amends the Fastener Quality Act by: (1) Creating an exemption for
certain aircraft fasteners, and (2) postponing the effect of the
regulations until the later of June 1, 1999 or 120 days after the
Secretary of Commerce transmits to Congress a report on: (1) Changes is
fastener manufacturing processes that have occurred since the enactment
of the Fastener Quality Act; (b) a comparison of the Fastener Quality
Act to other regulatory programs that regulate the various categories
of fasteners, and an analysis of any duplication that exists among
programs; and (c) any changes in that Act that may be warranted because
of the changes reported under paragraphs (a) and (b). The report must
be submitted to Congress by February 1, 1999.
To postpone the effect of the regulations, as mandated by Pub. L.
105-234, the Director of NIST is extending the implementation date
until June 1, 1999. Before June 1, 1999, NIST will determine whether
further delays are necessary. As a service to the public, those wishing
to seek registration or accreditation, or record fastener insignia may
continue to do so on a purely voluntary basis under the procedures set
out in the regulations.
NIST is publishing technical amendments to Sec. 280.12(a), (b), and
(c), Sec. 280.602(k), and Sec. 280.810(c)(3)(i), introductory text, to
reflect the extension.
Additional Information
Administrative Procedure Act
Pursuant to authority at 5 U.S.C. 553(b)(B), the Director of NIST
has determined that good cause exists to waive the requirement to
provide prior notice and an opportunity for public comment for this
action as such procedures are unnecessary. The procedures are
unnecessary because this action merely implements a mandatory provision
of Pub. L. 105-234. The technical amendments to the existing
regulations are simply meant to harmonize the existing regulations with
the statutory mandate to extend the implementation date. As this action
implements a provision of law already in effect, there is good cause,
pursuant to 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective
date as such a delay is unnecessary.
Executive Order 12866
This rule has been determined not to be significant under section
3(f) of Executive Order 12866.
Regulatory Flexibility Act
Since this action is not subject to the requirement to provide
prior notice and an opportunity for public comment under 5 U.S.C. 553,
or any other law, it is not subject to the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
List of Subjects in 15 CFR Part 280
Business and industry, Fastener industry, Imports, Laboratories,
Reporting and recordkeeping requirements.
Dated: September 18, 1998.
Robert E. Hebner,
Acting Deputy Director, National Institute of Standards and Technology.
For the reasons set forth in the preamble, Title 15 of the Code of
Federal Regulations part 280 is amended as follows:
PART 280--FASTENER QUALITY
1. The authority for part 280 is revised to read as follows:
Authority: 15 U.S.C. 5401 et seq.; Pub. L. 105-234, 112 Stat.
1536.
2. Section 280.12(a), (b), and (c) are revised to read as follows:
Sec. 280.12 Applicability.
(a) The requirements of the Fastener Quality Act and this part
shall be applicable only to fasteners manufactured on or after June 1,
1999.
(b) Metal manufactured prior to June 1, 1999, may not be used to
manufacture fasteners subject to the Act and this part unless the metal
has been tested for chemistry pursuant to Sec. 280.15 of this part by a
laboratory accredited under the Act and this part and the chemical
characteristics of the metal conform to those required by the standards
and specifications.
(c) Nothing in the Act and this part prohibits selling finished
fasteners manufactured prior to June 1, 1999, or representing that such
fasteners meet standards and specifications of a consensus standards
organization or a government agency.
3. Section 280j.602(k) is revised to read as follows:
Sec. 280.602 Violations.
* * * * *
(k) Sale of fasteners manufactured prior to the implementation date
as compliant with the Act. No person shall represent, sell, or offer
for sale fasteners manufactured prior to June 1, 1999, as being in
conformance with the Act or this part except as provided for in
Sec. 280.12(d) or (e) of this part.
* * * * *
4. Section 280.810(c)(3)(i), introductory text, is revised to read
as follows:
Sec. 280.810 Listing of recognized accreditors, accredited
registrars, and registered facilities.
* * * * *
(c) List of facilities. * * *
(3)(i) If a Facility intends to be listed in accordance with
paragraph (c)(1) of this section but the registration process will not
be completed by June 1, 1999, the Facility may be provisionally listed
on the Facilities List by providing the following to NIST on or before
September 30, 1998:
* * * * *
[FR Doc. 98-25565 Filed 9-25-98; 8:45 am]
BILLING CODE 3510-13-M