Implementation of the Fastener Quality Act

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.

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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.

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(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.);

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[FR Doc. 98-17319 Filed 6-29-98; 8:45 am]

BILLING CODE 3510-13-M