FQA delayed again; distributors look for repeal
By Staff -- Industrial Distribution, 10/1/1998
San Francisco, Calif.--While implementation of the Fastener Quality Act has been postponed again, industry experts believe the most recent delay has created a window of opportunity to change or even repeal the eight-year-old law.During the fall meeting of the National Fastener Distributors Assn. in San Francisco last month, industry consultant David Edgerly explained the current situation to distributors and manufacturers from across the country. Edgerly is former deputy director of technology services at the National Institute for Standards and Technology.
On Aug. 14, President Clinton signed HR 3824, making it Public Law 105-234, which exempts certain aerospace fasteners from the FQA. Aerospace industry leaders began lobbying Congress for the exemption in April, making its passage just two months ago a surprise to most industry watchers.
In granting the exemption -- which covers fasteners already regulated by the Federal Aviation Administration -- Congress decided that delaying implementation of the FQA once again would allow an opportunity to review the effectiveness of the law, which was signed in 1990 by then-President George Bush. Implementation of the law has been delayed until June 1, 1999 at the earliest.
Ed McIlhon, president of Iowa Industrial Products and a member of the Public Law Task Force, said he believes fastener industry professionals now have a real chance to change or repeal the current law. The challenge will be coming together in a relatively short time to do so.
"We have a chance to repeal or to change," McIlhon said during the NFDA meeting. "We need to decide which one we want."
Study of the law will consist of public hearings and a report to Congress by the Secretary of Commerce. The first public hearing on the issue was scheduled for Oct.1. The Commerce Secretary's report is due to Congress by Feb. 1, 1999, with FQA implementation to follow 120 days later. The report is more likely to get to Congress by March 1, according to Edgerly and others, which would push implementation back to July 1, 1999.
Edgerly stressed the importance of creating a unified position among distributors, manufacturers and importers and presenting that position to Congress and to the Secretary of Commerce.
"We have an unprecedented opportunity at this point in time to make significant changes to this law or to get this law repealed," he said during a general session at the NFDA meeting. "But if you are not together ... you will fail. Now is the time to really close ranks and say we need to speak in a single, clear and consistent voice."
Congress was scheduled to adjourn on Oct. 9, which left little time for the industry to make headway on that front. Edgerly said in the meantime it is important to provide input to the Commerce Secretary's study, which is charged with examining the changes in manufacturing processes since 1990 and investigating whether or not there are existing duplicative regulations in other federal agencies, like the FAA.
"I cannot overemphasize its importance in terms of setting the direction of what happens with this law," Edgerly said of the Commerce Secretary's report.
NFDA was developing a plan of action at the fall meeting by polling members to find out what they think should be done about the current law. At the close of the meeting, NFDA executive director Dave Merrifield said most respondents were in favor of repeal. Results of the survey were not available at press time.
Merrifield also said the association would hold a series of meetings on the issue and is looking to hire a lobbyist to work on the association's behalf.
Although the future of the FQA is unclear, Edgerly told distributors that laboratory accreditation is ongoing and that FQA compliance guides are still relevant. Also, any fasteners produced on or after May 14, 1998 can still be sold as FQA compliant.
"Clearly, the feeling of NIST is that it must continue to be ready by June 1, 1999," Edgerly said.
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