Billing Code: 3510-13

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

15 CFR Part 280

Docket Number: 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

SUMMARY: The 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 Public Law 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".

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 (1997)). On April 14, 1998, based on the public comments received on the September 1997 proposed rule, NIST published amendments to the September 1996 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 Public Law 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: (a) changes in 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 Public Law 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 section 280.12(a), (b), and (c), section 280.602(k), and section 280.810(c)(3)(i), introductory text, to reflect the extension.

Additional Information:

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 P.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.

This rule has been determined not to be significant under section 3(f) of Executive Order 12866.

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 Flexiblty Act, 5 U.S.C. § 601 et seq.

Business and industry, Fastener industry, Imports, Laboratories, Reporting and recordkeeping requirements.

Robert E. Hebner

Acting Deputy Director

National Institute of Standards and Technology

Dated:

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:

§ 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 § 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 280.602(k) is revised to read as follows:

§ 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 § 280.12(d) or (e) of this part.

* * * * *

4. Section 280.810(c)(3)(i), introductory text is revised to read as follows:

§ 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:

* * * * *