November 25, 1999 Suggestions for an FQA99 (P.L. 106-34) implementation/instruction form for metric hardware Importers/Distributors/Manufacturers. The form below may be used as an instructional/informational guide to your suppliers to assist them in complying with FQA99 (P.L. 106-34) . Additionaly it will serve as a proof that you have notified your suppliers about FQA. Reference: Fastener Quality Act Amendments Act of 1999'(FQA99) Date: __________________________ Instructions to all suppliers of (insert requesting company name) ______________________ P.L. 106-34, 'Fastener Quality Act Amendments Act of 1999'(FQA99). The entire text of the law may be found on the MINA website at: http://m-i-n-a.org/fqaregs99_2.htm or on the NIST website at: http://www.nist.gov/fqa/fqaregs2.htm . You should read the entire text of the law. It is only about 10 pages in length. There will be no excuse for not being familiar with FQA99, and there are criminal and civil penalties for failure to comply. If you do not have internet access then we will be pleased to send you a copy of FQA99. Please let us know; and let us have your fax number or mailing address. 1. The effective date of P.L. 106-34 (FQA99) is December 6, 1999 2. The official definition of a fastener quoted from the text of the law is, "(6) "fastener" means a metallic screw, nut, bolt, or stud having internal or external threads, with a nominal diameter of 6 millimeters or greater, in the case of such items described in metric terms, or 1/4 inch or greater, in the case of such items described in terms of the English system of measurement, or a load-indicating washer, that is through-hardened or represented as meeting a consensus standard that calls for through-hardening, and that is grade identification marked or represented as meeting a consensus standard that requires grade identification marking, except that such term does not include any screw, nut, bolt, stud, or load-indicating washer that is-- (A) part of an assembly; (B) a part that is ordered for use as a spare, substitute, service, or replacement part, unless that part is in a package containing more than 75 of any such part at the time of sale, or that is a part contained in an assembly kit; (C) produced and marked as ASTM A 307 Grade A, or a successor standard thereto; (D) produced in accordance with ASTM F 432, or a successor standard thereto; (E) specifically manufactured for use on an aircraft if the quality and suitability of those fasteners for that use has been approved-- (i) by the Federal Aviation Administration; or (ii) by a foreign airworthiness authority as described in part 21.29, 21.500, 21.502, or 21.617 of title 14 of the Code of Federal Regulations; (F) manufactured in accordance with a fastener quality assurance system; or (G) manufactured to a proprietary standard, whether or not such proprietary standard directly or indirectly references a consensus standard or any portion thereof; (7) "fastener quality assurance system" means-- (A) a system that meets the requirements, including revisions from time to time of-- (i) International Organization for Standardization (ISO) Standard 9000, 9001, 9002, or TS16949; (ii) Quality System (QS) 9000 Standard; (iii) Verband der Automobilindustrie e. V. (VDA) 6.1 Standard; or (iv) Aerospace Basic Quality System AS9000; or" 3. There is additional definition text in the law, but the above section excerpt is the more pertinent to our company's typical operations. 4. FQA99 Fastener coverage exemptions: The definition is followed by a number of exemptions summarized below: Summary: Which fasteners are NOT covered by FQA99 (P.L. 106-34) -- All fasteners are exempt from FQA99 if they have a nominal diameter of less than 6 millimeters, in the case of such items described in metric terms. All fasteners are exempt from FQA99 if they have a nominal diameter of less than 1/4 inch, in the case of such items described in terms of the English system of measurement. All fasteners are exempt from FQA99 if they are NOT through-hardened**. All fasteners are exempt from FQA99 if they are not represented as meeting a consensus standard that requires grade identification marking. All fasteners are exempt from FQA99 if they were manufactured by an ISO 9000 series or QS 9000 certified entity (see note B). All fasteners are exempt from FQA99 if they are packaged in a container of 75 pieces or less and are labeled for use as a spare, substitute, service, or replacement part. All fasteners are exempt from FQA99 if they are part of an assembly. All fasteners are exempt from FQA99 if they are a part that is contained in an assembly kit, regardless of quantity. All fasteners are exempt from FQA99 if they are produced and marked as ASTM A 307 Grade A. All fasteners are exempt from FQA99 if they are produced in accordance with ASTM F 432. All fasteners are exempt from FQA99 if they are manufactured to a proprietary standard. All fasteners are exempt from FQA99 if they are specifically manufactured for use on an aircraft if the quality and suitability of those fasteners for that use has been approved -- `(i) by the Federal Aviation Administration; or `(ii) by a foreign airworthiness authority as described in part 21.29, 21.500, 21.502, or 21.617 of title 14 of the Code of Federal Regulations. All fasteners are exempt from FQA99 if they are manufactured by `(B) any fastener manufacturing system -- `(i) that has as a stated goal the prevention of defects through continuous improvement; `(ii) that seeks to attain the goal stated in clause (i) by incorporating --`(I) advanced quality planning. All fasteners are exempt from FQA99 if they are manufactured by an entity that `(II) undergoes regular or random evaluation and assessment by the end user or end users of the screws, nuts, bolts, studs, or load-indicating washers produced under such fastener manufacturing system to ensure that such system meets the requirements of clauses (i) and (ii). If the fastener meets ANY of the exemptions listed above then it is NOT a covered fastener. 5. **Further clarification on several points as to what is considered a through hardened fastener under FQA99. Externally threaded (bolts, screws) steel fasteners from class 8.8 and up are considered through hardened. Internally threaded (nuts) steel fasteners from class 8 and class 9 are NOT considered through hardened. Internally threaded (nuts) steel fasteners from class 10 and up are considered through hardened. Stainless steels in the 'A' austenitic (A1, A2, A4) and 'C' martensitic (C1, C3, C4) series are NOT considered through hardened. Stainless steels in the 'F' ferritic (F1) series are considered through hardened. Case hardened, solution hardened and mechanically hardened fasteners are NOT considered through hardened. 6. Summary: What fasteners are ARE covered by FQA99 -- However, remember that to even be considered to be a covered fastener the following basic criteria must be met: It must be made of metal. It must have internal or external threads, with a nominal diameter of 6 millimeters or 1/4 inch or greater, or must be a load indicating washer. It must be BOTH through-hardened and be made TOTALLY to a 'consensus standard' (see note A.) that requires property class or grade marking. (Note: a 'consensus standard' is different from a 'contractual specification'.) Implementation: Remember that basically -- FQA99 shall be applicable only to fasteners fabricated (manufactured) on or after December 6, 1999, and that the use of accredited laboratories - will not take effect until 2 years after that. Any fastener manufactured prior to December 6, 1999 is forever exempt from the FQA99. Steps that our suppliers should take: 7. If you are a Distributor or an Importer: If the goods that you are supplying to our company are manufactured by an ISO 9000 series or QS 9000 (see note B.) supplier: you should have a copy of that suppliers ISO 9000 or QS 9000 certificate in your possession, and be prepared to supply a copy of the certificate if requested by our company. (If the issuing date of the manufacturers quality assessment certificate was after December 6, 1999 then you should insure that the certificate was valid for the date of manufacture of the exempted goods.) These certificates should be retained for a minimum of 5 years per the law, but really should probably be retained for 10 years due to a vague portion of FQA99. You should provide with each shipment (or alternatively a blanket statement covering multiple shipments or a period of time) a statement that the supplied goods are exempt from FQA99 P.L. 106-34 because: 1. They were manufactured prior to December 6, 1999 2. They are exempt by one or more of the exemptions in the definition portion of P.L. 106-34, SECTION 3. DEFINITIONS (6). If the goods that you are supplying to our company are NOT manufactured by an ISO 9000 or QS 9000 supplier or other exemptible entity (see note B.) AND are the goods are considered a covered fastener, then you must provide our company with a "record of conformance". This "record of conformance" shall be provided along with the shipment, or be sent via fax or mail or other method so that it will be in our possession when the goods arrive. It could be a violation of the law if we ship covered goods without having the "record of conformance" in our possession. The "record of conformance" means a record, or records, designated for each lot of fasteners sold or offered for sale that contains-- (A) the name and address of the manufacturer; (B) a description of the type of fastener; (C) the lot number; (D) the nominal dimensions of the fastener (including diameter and length of bolts or screws), thread form, and class of fit; (E) the consensus standard or specifications to which the lot of fasteners has been manufactured, including the date, number, revision, and other information sufficient to identify the particular consensus standard or specifications being referenced; (F) the chemistry and grade of material; (G) the coating material and characteristics and the applicable consensus standard or specifications for such coating; and (H) the results or a summary of results of any tests performed for the purpose of verifying that a lot of fasteners conforms to its grade identification marking or to the grade identification marking the lot of fasteners is represented to meet; See the actual text of FQA99 for further clarification on the "record of conformance". 8. If you are a Manufacturer: If your company manufactures the goods that you are supplying to our company and your company is an ISO 9000 or QS 9000 (see note B.) certified. Send us a copy of your ISO 9000 or QS 9000 certificate. (If the issuing date of the your quality assessment certificate was after December 6, 1999 then you should insure that the certificate was valid for the date of manufacture of the exempted goods.) You should provide with each shipment (or alternatively a blanket statement covering multiple shipments or a period of time) a statement that the supplied goods are exempt from FQA99 P.L. 106-34 because: 1. They were manufactured prior to December 6, 1999 2. They are exempt by one or more of the exemptions in the definition portion of P.L. 106-34, SECTION 3. DEFINITIONS (6). If your company manufactures the goods that you are supplying to our company and your company is NOT an ISO 9000 or QS 9000 (see note B.) certified AND are the goods ARE considered a covered fastener then you must provide our company with a "record of conformance". This "record of conformance" shall be provided along with the shipment, or be sent via fax or mail or other method so that it will be in our possession when the goods arrive. It could be a violation of the law if we ship covered goods without having the "record of conformance"in our possession. The "record of conformance" means a record, or records, designated for each lot of fasteners sold or offered for sale that contains-- (A) the name and address of the manufacturer; (B) a description of the type of fastener; (C) the lot number; (D) the nominal dimensions of the fastener (including diameter and length of bolts or screws), thread form, and class of fit; (E) the consensus standard or specifications to which the lot of fasteners has been manufactured, including the date, number, revision, and other information sufficient to identify the particular consensus standard or specifications being referenced; (F) the chemistry and grade of material; (G) the coating material and characteristics and the applicable consensus standard or specifications for such coating; and (H) the results or a summary of results of any tests performed for the purpose of verifying that a lot of fasteners conforms to its grade identification marking or to the grade identification marking the lot of fasteners is represented to meet; See the actual text of FQA99 for further clarification on the "record of conformance". Metric Importers of North America (MINA) will provide continuing updates on FQA99 and its implementation. See for more information. Be advised that any communications from MINA should not be taken as legal advice. Press notice: You are welcome to freely use any MINA materials. Just credit MINA as the source. Notes: A. "consensus standard" means the provisions of a document that describes fastener characteristics published by a consensus standards organization or a Federal agency, and does not include a proprietary standard. "consensus standards organization" means the American Society for Testing and Materials, the American National Standards Institute, the American Society of Mechanical Engineers, the Society of Automotive Engineers, the International Organization for Standardization, any other organization identified as a United States consensus standards organization or a foreign and international consensus standards organization in the Federal Register at 61 Fed. Reg. 50582-83 (September 26, 1996), and any successor organizations thereto. The official list of consensus standards organizations can be found on the web at: http://m-i-n-a.org/consensus.htm, or by searching the Federal register for the above reference. B. See the actual text of the law for a more complete listing of QAS qualifying organizations and other assessment criteria. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Requesting company name:)_________________________________________ (Requesting company address:)______________________________________ (Requesting company city, state, zip:)_____________________________ (Requesting company phone/fax:)____________________________________ (Requesting company e-mail:)_______________________________________ Receipt of this FQA99 (P.L. 106-34) Importer/Distributor/Manufacturer instruction form is acknowledged by: (suppliers company name)__________________________________________ by (suppliers signature)___________________________________________ on (date)________________________ Please return the portion of the acknowlegement form between the dashed lines to the requesting company via fax, mail or e-mail (if an e-mail address has been provided) within 5 days of the date listed above.