[Federal Register: October 7, 1998 (Volume 63, Number 194)]
[Notices]
[Page 53870-53871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc98-1009]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
[Docket Number: 980929249-8249-01]
RIN 0690-XX05
Fastener Quality Act; Statutorily Required Study
AGENCY: United States Department of Commerce.
ACTION: Notice of inquiry; request for comments.
-----------------------------------------------------------------------
SUMMARY: On August 14, 1998, President Clinton signed Public Law 105-
234. This law amended the Fastener Quality Act (FQA) by creating an
exemption for certain aircraft fasteners. The new law also requires the
Secretary of Commerce to submit to Congress a report on: (1) Changes in
fastener manufacturing processes that have occurred since the enactment
of the Fastener Quality Act; (2) 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 (3) any changes in that Act that may be warranted because
of the changes reported under paragraphs (1) and (2). This notice
solicits public comments on the issues raised by the Secretary's
reporting requirement.
DATES: Comments must be received no later than November 6, 1998.
ADDRESSES: Comments must be submitted to: Dr. James E. Hill; Chief,
Building Environment Division; Building and Fire Research Laboratory;
National Institute of Standards and Technology; Building 226, Room B-
306; Gaithersburg, MD 20899. Comments may also be submitted by e-mail
to: fqastudy@nist.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. James Hill; Telephone: 301-975-5851; E-mail: james.hill@nist.gov.
The Fastener Quality Act and the existing implementing regulations can
be viewed at NIST's FQA website: http://www.nist.gov/fqa/fqa.htm.
SUPPLEMENTARY INFORMATION:
Background
The Fastener Quality Act, 15 U.S.C. 5401 et seq., (the Act) strives
to protect 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.
The Secretary of Commerce, acting through the Director of NIST,
published final regulations implementing the Act on September 26, 1996,
See 15 CFR 280. 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 can be deemed to satisfy the laboratory accreditation
requirements of the Act. The regulation also established, within the
Patent and Trademark Office (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. Those regulations
became effective on November 25, 1996, and were to apply to fasteners
manufactured on or after May 27, 1997, the ``implementation date''.
On April 18, 1997, NIST announced a one year extension of the
implementation date of the regulations because there were an
insufficient number of accredited laboratories to conduct the volume of
inspection and testing required by the Act. During the one year
extension, NIST proposed amendments, received public comments, and
published amendments to the September 1996 rule that became effective
as a final rule on May 14, 1998. This 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. In addition, it extended the
[[Page 53871]]
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 extended the
implementation date to October 25, 1998.
On August 14, 1998, President Clinton signed Public Law 105-234.
This law amends the Fastener Quality Act by creating an exemption for
certain aircraft fasteners. The law also delays the effect of the
regulations until the later of June 1, 1999 or 120 days after the
Secretary of Commerce submits to Congress a report on: (1) changes in
fastener manufacturing processes that have occurred since the enactment
of the fastener Quality Act; (2) 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 (3) any changes in that Act that may be warranted because
of the changes reported under paragraphs (1) and (2). The law requires
the Secretary to submit this report by February 1, 1999.
To provide Congress a comprehensive report on these issues, the
Secretary seeks comments from impacted industries including, but not
limited to, the auto industry fastener manufacturers, and federal
agencies involved in the investigations that led to the passage of the
Act in 1990, and from any other interested parties.
Request for Public Comment
The Secretary requests information on how fastener manufacturing
processes have changed since the enactment of the Fastener Quality Act
and on other regulatory programs that regulate the various categories
of fasteners. The Secretary has identified the following topics on
which he particularly requests public comments:
1. Basis of the Act.
When the Act was passed in 1990, the Congress based it on the
following findings:
<bullet> The American economy uses billions of fasteners each year,
<bullet> Millions of mismarked, substandard, counterfeit, and other
nonconforming fasteners have been sold in commerce to end-users in the
United States, and their use has dramatically increased the risk of
equipment and infrastructure failures,
<bullet> Both the military and civilian sectors of the economy have
encountered unnecessary, unwarranted, and dangerous equipment and
construction failures, as well as extraordinary expenses, as a result
of the use of nonconforming fasteners,
<bullet> The purchase and use of nonconforming fasteners stem from
material misrepresentations about such fasteners made by certain
manufacturers, importers, and distributors engaged in commerce,
<bullet> Current fastener standards of measurement evaluate bolts
and other fasteners according to multiple criteria, including strength,
hardness and composition, and provide grade identification markings on
fasteners to make the characteristics of individual fasteners clear to
purchasers and users,
<bullet> Current tests required by consensus standards, designed to
ensure that fasteners are of standard measure, are adequate and
appropriate for use as standards in a program of high strength fastener
testing.
<bullet> The lack of traceability of fasteners sold in commerce is
a serious impediment to effective quality control efforts, and
<bullet> The Health and safety of Americans is threatened by the
widespread sale in commerce of mismarked, substandard, and counterfeit
fasteners, a practice which also harms American manufacturers,
importers and distributors of safe and conformaing fasteners, and
workers in the American fastener industry.
Are these findings still valid? If not, how have they changed and
why?
2. Coverage of the Act
The Act defines the fasteners to be covered in Section 3.(5); a
screw, nut, bolt, or stud having internal or external treads or a load-
indicating washer; with a nominal diameter of 5 millimeters (\1/4\
inch) or greater; and which contains any quantity of metal; and which
is held out to meet a standard or specification which requires through-
hardening; or which bears as ASTMA 307 Grade A or produced in
accordance with ASTMF 432 are exempt.
Based on changes in fastener manufacturing processes that have
occurred since 1990 and other existing regulatory programs covering
various categories of fasteners, is this definition appropriate? If
not, what changes in coverage are appropriate for the Act and why?
3. Testing and Certification
The Act requires samples of specific size, selection, and integrity
to be inspected and tested by an accredited laboratory. The laboratory
must issue a report to the manufacturer at the conclusion of the tests.
The report must bear the original signature of a laboratory employee
responsible for the accuracy of the report.
Are there aspects of current manufacturing technology where
sampling, testing, and issuing a laboratory report with an original
signature is not feasible? If so, why? What alternate methods are more
appropriate for testing, sampling, and reporting compliance to
standards and specifications?
4. Sale of Fasteners
The Act requires fasteners of foreign origin to be accompanied by a
manufacturers' certificate and an original laboratory report when
purchased and imported.
Is this process appropriate? If not, please provide a description
and explanation of an appropriate process for handling fasteners of
foreign origin?
5. Record Keeping
The Act requires laboratories to retain all records concerning
inspection, testing, and certification for 5 years.
Are the Act's recordkeeping and reporting requirements appropriate?
If not, what information should be required to be maintained in order
to assess compliance? For what period of time should any reporting or
recordkeeping requirement be maintained?
Persons interested in commenting on the issues outlined above, or
any other topics related to the FQA, should submit their comments in
writing to the above address. All comments received in response to this
notice will become part of the public record and will be available for
inspection and copying at the Department of Commerce Central Reference
and Records Inspection facility, room 6228, Hoover Building,
Washington, DC 20230.
Authority: Pub. L. No. 105-234.
Dated: October 1, 1998.
Andrew J. Pincus,
General Counsel.
[FR Doc. 98-26834 Filed 10-6-98; 8:45 am]
BILLING CODE 3510-BW-M