FQA debate rages; extension expected
By Staff -- Industrial Distribution, 7/1/1998
Newton, Mass. --The latest twist on the long and winding road known as the Fastener Quality Act took place in May in Columbus, Ohio at the 18th Annual National Industrial Fastener Show. At a standing room only panel discussion on the FQA, attendees jabbed government officials and learned that the aerospace and automotive industries -- which have their own stringent quality measures -- want out of the FQA. In fact, there is a move underway to delay FQA for yet another year. As it stands now, the long-awaited law is expected to go into full effect July 26.NIST can only postpone implementation due to a shortage of accredited labs, and recent action by NIST suggests it may be ready to do just that. In order to make a decision as to whether another extension is needed, NIST began asking the industry in mid-May for feedback regarding the inadequacy of accredited labs and the difficulties getting accredited. As of July 18, only 237 labs were accredited, just 137 in the U.S.
NIST's move follows the passing of HR 3824 by a unanimous vote of the House Science Committee in May. HR 3824 is an amendment that would exempt aerospace fasteners, provided they fall under FAA guidelines, and delay FQA for another 12 months until questions can be answered. But there is concern as to whether it can move through Congress quickly enough.
"It's got to go before the House of Representatives, then be [accepted] in the Senate and President [Clinton] needs to sign it, and that all has to happen before Congress recesses on Sept. 1," said Joe Greenslade, president of Greenslade & Co., and a member of the Public Law Task Force. "The people we're talking with say that's close to impossible."
A more likely scenario, according to Greenslade, has NIST delaying implementation for six months due to a shortage of accredited fastener labs. That would push things back into early 1999, when legislative efforts would be met with a new Congress with a full Congressional session to work on FQA.
Other members of the panel included Subhas Malghan, the federal officer in charge of the Fastener Quality Act; David Edgerly, formerly with NIST and now a consultant to the fastener industry; and Kirk Flashner, senior special agent and field liaison officer for the Bureau of Export Enforcement, the group which will oversee enforcement of FQA. As of mid-May, the Bureau of Export Enforcement's budget for enforcing FQA was undetermined. However, Flashner told distributors that "the biggest way to keep out of trouble is to keep good records. There will be times when we want to look at your records (for traceability) as part of an investigation."
Flashner also told distributors that there are only 100 special agents in the world, so enforcement will be difficult. Therefore, the group will depend on the industry to police itself by making the agency aware of those who may not be abiding by the law. That statement wasn't a popular one, as it raised the question of whether distributors in the highly competitive fastener industry would "rat on each other" in an effort to gain a competitive advantage.
The other big issue for FQA, according to panel member Jim Schiele, chairman of St. Louis Screw & Bolt, is grandfathering of inventory. Although the law states that fasteners manufactured prior to July 26 are fine as long as they are tested and meet specifications, many end users are expected to demand fasteners made on or after the implementation date, thereby obsoleting inventory made prior to it.
"That issue has never been worked out," says Schiele. "You can be sure a [customer] somewhere along the line will demand fasteners that were manufactured and tested [after] July 26, obsoleting everything that was made before."
Edgerly told those in attendance that if they have questions regarding FQA, to send them to NIST immediately. "Write a letter to the standards organization, and ask them what it means," Edgerly said. "You probably won't get an answer, but the fact is you'll have on record documentation saying you don't understand the regulations."
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