[Federal Register Volume 63, Number 187 (Monday, September 28, 1998)]
[Rules and Regulations]
[Pages 51525-51526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25565]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

15 CFR Part 280

[Docket No. 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.

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SUMMARY: 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 Pub. L. 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''.

[[Page 51526]]

    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 (1197)). On April 14, 1998, based on the 
public comments received on the September 1997 proposed rule, NIST 
published amendments to the September 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 Pub. L. 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: (1) Changes is 
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 Pub. L. 
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 Sec. 280.12(a), (b), and 
(c), Sec. 280.602(k), and Sec. 280.810(c)(3)(i), introductory text, to 
reflect the extension.

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 implements a mandatory provision 
of Pub. 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.

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. 553, 
or any other law, 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, Laboratories, 
Reporting and recordkeeping requirements.

    Dated: September 18, 1998.
Robert E. Hebner,
Acting Deputy Director, National Institute of Standards and Technology.

    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:


Sec. 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 Sec. 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 280j.602(k) is revised to read as follows:


Sec. 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 
Sec. 280.12(d) or (e) of this part.
* * * * *
    4. Section 280.810(c)(3)(i), introductory text, 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 
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:
* * * * *
[FR Doc. 98-25565 Filed 9-25-98; 8:45 am]
BILLING CODE 3510-13-M