[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Notices]
[Pages 53870-53871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26834]


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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.

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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: [email protected].

FOR FURTHER INFORMATION CONTACT:
Dr. James Hill; Telephone: 301-975-5851; E-mail: [email protected]. 
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:
     The American economy uses billions of fasteners each year,
     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,
     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,
     The purchase and use of nonconforming fasteners stem from 
material misrepresentations about such fasteners made by certain 
manufacturers, importers, and distributors engaged in commerce,
     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,
     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.
     The lack of traceability of fasteners sold in commerce is 
a serious impediment to effective quality control efforts, and
     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