Another delay for FQA
Implementation date for Fastener Quality Act pushed back to July 26
By John R Johnson -- Industrial Distribution, 5/1/1998
Newton, Mass.--For distributors who have followed the Fastener Quality Act legislation over the course of the last 10 years, it should come as no surprise to see the FQA delayed once again. And that's exactly what is going to happen.The implementation date for FQA, which was scheduled to become an enforceable law on May 26, has been pushed back two months to July 26. The reason for the latest delay is a later than anticipated release of amended regulations (published April 15) and a lack of accredited fastener testing labs. More than 150 labs have been accredited, and another 300 expect to be accredited by the July 26 deadline.
"I am not surprised [to see a delay]," says David Edgerly, former Deputy Director of Technology Services for NIST, and now president of Edgerly Consulting. "It makes lot of sense."
Although many fastener distributors are anxious to put the legislation behind them so they can begin to focus on other issues, some believe a 60-day extension isn't long enough.
"All it will do is delay the inevitable, but I don't think the industry is ready for it," says Bill Derry, president of Field Fastener Supply, and current NFDA president. "I think there's been a whole lot of people hoping it would go away, and a whole bunch more saying "we'll worry about it on the 25th of May.' "
Ed McIlhon, president of Iowa Industrial Products, has helped usher in new amendments to the legislation as a member of the FQA Task Force. "I'm all for an extension, and I feel it is necessary,'' he said, adding that a 180-day reprieve would be more workable than 60 days.
"I don't think [60 days] is long enough to get anything done, although it's better than nothing. We're probably more disappointed with what came out in the [amended] regulations. The task force is going to meet next week to discuss them, but it looks to me like the issues for the distributor and importer [like grandfathering inventory] didn't get addressed."
The Fastener Quality Act, first signed by former President George Bush in 1990, was initially intended to go into effect last May but was delayed because of an insufficient number of laboratories accredited to conduct the level of required testing. NIST estimates that 425 labs are needed.
Among the amendment changes being considered are: language that addresses the automotive industry's interest in having quality assurance programs using statistical process control recognized under the FQA; the possibility of permitting fasteners produced before the effective date of FQA to be tested and certified as complying with FQA; and allowing removal of head markings as part of an OEM standard or as a significant alteration when requested by a customer for cosmetic purposes. Another amendment seeks permission for fastener manufacturers or accredited labs to certify copies of chemical test reports on raw materials.
There is also a request from the auto industry for a change in the law's language regarding in-process versus final inspections. The automotive industry asserts that the Fastener Quality Act's reliance on lot control and final inspection of fasteners does not recognize the reality of modern mass production using statistical process control and in-process testing.
And while sources say that the new amended regulations fix this, there is a question as to whether the government's fix is acceptable for the distribution and automotive industries.
"When this [law] was written 10 years ago, everyone did final inspections, but it's taken so long to implement [the law], things have changed and in-process [quality checks] are [now] superior to final inspections," says McIlhon, who notes that the entire legislation is very difficult to interpret. "It's a complicated and hard-to-understand issue. I think that's the problem with it. It's regulation that's very difficult to understand."
In order to address all the confusion about the legislation, the NFDA has scheduled six workshops around the country. The seminars will be led by Edgerly, and will be held on the following dates:
* May 15: In Chicago in conjunction with the Chicago Bolt, Nut & Screw Assn., following the Industrial Fastener Institute's workshops on May 13-14 at the same location.
* May 28: Atlanta, Ga., in conjunction with the Southeastern Fastener Assn.
* June 5: In Los Angeles, in conjunction with the Western Assn. of Fastener Distributors and the Los Angeles Fastener Assn.
* June 26: In Houston, in conjunction with the Southwestern Fastener Assn.
* September 16: In Chicago, in conjunction with CBNSA.
NFDA will also hold a seminar in July in Cleveland. The date and location have not been announced. Merrifield stresses that distributors should attend seminars for both distributors and manufacturers, in an effort to learn how the law effects both sides of the channel. NFDA is also making available a fastener Quality Act Compliance Guide for distributors and importers.
"I believe anybody in the industry in any form needs to be at one of these seminars," says Robbie Gilchrist, president of Capital Fasteners, High Point, N.C. "If they don't, I don't think they can get a full scope of what's going to be there, and how to respond to the issues coming up."
Aside from attending the seminars, how will FQA most effect distributors? "Probably by making sure that if their customers want copies of any of the required records, that they have those on hand," says Edgerly. "And, for those customers that want to continue to have lot traceability by having lot numbers, that the distributor will have to maintain lot traceability and not co-mingle fasteners."
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