[Federal Register: June 30, 1998 (Volume 63, Number 125)]
[Rules and Regulations]               
[Page 35507-35508]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

15 CFR Part 280

[Docket Number: 980623159-8159-01]
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 
Section 15 of the Fastener Quality Act (Act), has determined that by 
July 26, 1998, the current implementation date of the Act, there will 
not be a sufficient number of laboratories accredited to perform the 
volume of inspection and testing required by the Act. Accordingly, the 
Director is extending the implementation date of the Act until October 
25, 1998 and amending the existing regulations to reflect the new 
implementation date.

DATES: Effective June 30, 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: The Fastener Quality Act (Act), (Pub.L. 101-
592 as amended by Pub.L. 104-113), requires that certain fasteners sold 
in commerce conform to the standards and specifications to which they 
are represented to be manufactured and have been inspected, tested, and 
certified. Inspection and testing mean that the manufacturer of a lot 
of fasteners shall cause to be inspected and tested a representative 
sample of the fasteners in such a lot to determine whether the lot of 
fasteners conforms to the standards and specifications to which the 
manufacturer represents it has been manufactured. Such inspection and 
testing shall be performed by a laboratory accredited in accordance 
with the procedures and conditions specified by the Secretary under 
Section 6 of the Act.
    In accordance with Section 15, the requirements of the Act shall be 
applicable only to fasteners fabricated one hundred eighty (180) days 
or more after the effective date of final regulations implementing the 
Act. The Secretary may extend the implementation date upon a 
determination that an insufficient number of laboratories have been 
accredited to perform the volume of inspection and testing required.
    The final rule implementing the Fastener Quality Act became 
effective on November 25, 1996, and was 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 Act to May 26, 
1998, because there was an insufficient number of laboratories 
accredited to perform the volume of inspection and testing required by 
the Act and regulations (62 FR 19041 (1997)). During the one extension, 
NIST published for public comment proposed amendments to the rule 
implementing the Act (62 FR 47240 (1997)). On April 14, 1998, based on 
the public comments received, NIST published the amendments to the 1996 
final rule and once again extended the implementation date of the Act 
(63 FR 18260 (1998)). At that time, the National Voluntary Laboratory 
Accreditation Program (NVLAP) and the NIST-recognized private 
accreditation bodies reported that although an insufficient number of 
laboratories was expected to be accredited by May 26, 1998, only a 
sixty (60) day extension appeared necessary. Based on this information, 
NIST extended the implementation date of the Act to July 26, 1998.
    Currently, NVLAP and the private accreditation bodies have received 
applications from approximately 580 testing laboratories, a sufficient 
number for implementation of the Act. Of these, approximately 250 
testing laboratories have been accredited and are listed on the NIST 
Accredited Laboratory List. The extension of the implementation date to 
October 25, 1998, will allow the remainder of the laboratories who have 
applies to complete the accreditation process. In addition, NIST is 
publishing technical amendments to section 280,12 (a), (b), and (c) to 
reflect the extension.
    The extension of the implementation date does not affect the 
provisions of section 280.12(d) and (e). Fasteners manufactured after 
May 14, 1998 and meeting the requirements of either of these paragraphs 
still may be sold as FQA compliant.
    In addition, the extension of the implementation date affects the 
Facilities self-certification provisions contained in section 
280.810(c)(3). A Facility's determination whether to self-certify must 
now be based on whether that Facility believes its registration will be 
completed by October 25, 1998, the new implementation date. Such 
determination is within each Facility's discretion and should be based 
on arrangements between the Facility and its Registrar as to when the 
Facility's registration will be complete. However, Facilities wishing 
to self-certify still must submit the required items by September 30, 
1998; NIST cannot legally accept self-certification paperwork after 
September 30, 1998. NIST cannot provide relief for Facilities whose 
registrations are not complete by October 25, 1998, but who failed to 
submit self-certification by September 30, 1998. Any self-
certifications received by September 30, 1998, and acknowledged by NIST 
will only be effective until May 25, 1999, as stated in the existing 
regulations at Sec. 280.810(c)(3)(ii).

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 makes technical amendments to 
the existing regulations to comport with the exercise of statutory 
authority to extend the implementation date. Since this action is not a 
substantive change to the regulations, this rule is not subject to a 
thirty day delay in its effectiveness.

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. 
Sec. 553, or any other law,

[[Page 35508]]

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.

    Dated: June 25, 1998.
Robert E. Hebner,
Acting Deputy Director, National Institute of Standards and Technology.

PART 280--FASTERNER QUALITY

    For the reasons set forth in the preamble, Title 15 of the Code of 
Federal regulations part 280 is amended as follows:
    1. The authority for part 280 continues to read as follows:

    Authority: Sec. 13 of the Fastener Qaulity Act (Pub. L. 101-592, 
as amended by Pub. L. 104-113).

    2. Section 280.12 is revised to read as follows:


Sec. 280.12  Applicability.

    (a) The requirements of the Fastener Qaulity Act and this report 
shall be applicable only to fasteners manufactured on or after October 
25, 1998.
    (b) Metal manufactured prior to october 25, 1998 may not be used to 
manufacture fasteners subject to the Act and this part unless the metal 
has not tested for chemistry pursuant to Sec. 280.15 of this part by a 
laboratory accredited under the Act and this part and the chemical 
charteristics of the metal conform to those required by the standards 
and specifications.
    (c) Nothing in the Act and this part prohibits selling finished 
fasteners manufacture prior to october 25, 1998 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:


Sec. 280.602  Violations.

 * * * * *
    (k) Sale of fasteners manufactured prior the implementation date as 
compliant with the Act. No person shall represent, sell, or offer for 
sale fasteners manufactured prior to October 25, 1998 as being in 
conformance with the Act of this part except as provided for in 
Sec. 280.12 (d) or (e) of this part.
 * * * * *
    4. Section 280.810(c)(3)(i) 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 
Sec. 280.810(c)(1) but the registration process will not be completed 
by October 25, 1998, the Facility may be provisionally listed on the 
Facilities List by providing the following to NIST on or before 
September 30, 1998:
    (A) Certification that:
    (1) The Facility is registered to QS-9000 or an equivalent by a 
quality systems registrar;
    (2) The facility conforms to all other requirements of the Act and 
these regulations at the time of certification;
    (3) If the Facility ceases to be registered to QS-9000 or an 
equivalent by an accredited Registrar and/or ceases to conform to any 
other requirement of the Act and these regulations at any time during 
the provisional listing period, it will notify NIST of that fact within 
three working days; and
    (4) If the Facility fails to apply to an accredited Registrar for 
registration under the FQA within 30 days of the time the Registrar is 
accredited by a NIST-approved Accreditor, an authorized representative 
of the Facility will immediately notify NIST. (If the Facility's 
current Registrar decides not to seek accreditaton under the FQA, it is 
the Facility's responsibility to apply to another Registrary that has 
been approved by NIST-ABEP.);
* * * * *
[FR Doc. 98-17319 Filed 6-29-98; 8:45 am]
BILLING CODE 3510-13-M