MINA History and timeline for P.L.105-234 minalog2.gif

updated Aug. 14, 1998:
   Success!  
H.R. 3824 was signed by the President
on Aug. 14, 1998 and has become law as P.L.105-234.
This could delay the FQA until mid 1999!
 See our plans for the next MINA actions on P.L.105-234.

H.R. 3824 -- Now P.L.105-234 (Text of the final version as signed by the President)

On Aug 28, 1998 NIST moved the link for P.L.105-234 to the top of their page and added the icon to it. We assume that they may have read our criticism of their action on Aug 25, 1998. Still no explanation about interpreting or implementing the new law on the NIST/FQA website. They have also removed the October 25, 1998 'implementation delay' link (now preserved in the MINA archive) from their page. Now there is no current official delay posted on the NIST/FQA site other than the one mentioned in P.L.105-234 (you have to read the law to find the delay text). Perhaps that is in preparation for the new 1999 implementation delay announcement that P.L.105-234 will force upon NIST. As of Aug 28, 1998 NIST advised that they are working on an announcement, but the date for the announcement is "not known at this time." It could be mid September before we finally hear from NIST.

You should be wary of selling/purchasing any fastener that was made after Aug 14, 1998 as being FQA compliant until NIST clarifies their position on P.L.105-234. We would also advise caution on selling even those FQA compliant fasteners made after May 14, 1998 and prior to Aug 14, 1998 until NIST clarifies their position on P.L.105-234.

updated or revised Sep 13, 98:
We understand that there are discussions at the Department of Commerce about who will actually be working the congressionally mandated report. It was clear during the congressional committee hearings that congress did not want NIST/FQA reporting on itself. They have now already wasted a month and still have not even issued a promised press release nor a federal register notice about implementing P.L.105-234. One wonders what they are afraid of!

It has now been over 4 weeks since P.L.105-234 has been law and industry still has no word from NIST on whether any FQA compliant fasteners can be currently bought or sold! Another bottleneck to commerce from the Department of Commerce.

On Aug 25, 1998 NIST finally acknowledged the existence of P.L.105-234 by simply placing a link without any explanation about it on the NIST/FQA website. You will notice that they did not even flag it with a icon. So far there has been no comment from NIST about how they are interpreting or implementing the new law.

BULLETIN 06/6/98 -- There is a rumor, repeat RUMOR, that there was an amendment to H.R. 3824 and that it may cause a delay in implementation until the later of: June 1, 1999 or 120 days following the submittal to Congress by the Secretary of Commerce a report detailing changes in technology that have occured in fastener production since the enactment of the FQA and his reccommendation for changes to the FQA. Said report is to be presented to Congress by February 1, 1999. MINA is trying to verify this rumor.

Rumor update 06/10/98 -- It might be true. See the congressional update here. We are trying to verify if this congressional action will actually delay the implementation date. Stay tuned!

Rumor update 06/11/98 -- It might be true, but it apparently must get through congress and be signed by the president to be in effect. We are STILL trying to verify if this congressional action will actually delay the implementation date.

Rumor update 06/16/98 -- Get the sense of the house committees deliberations on H.R. 3824 including their discussions on the delay and possible REPEAL next year.
Committee Report - House Rpt. 105-574 Part 1.   Fantastic stuff.

Rumor update 06/17/98 -- H.R. 3824 was passed by the full house of representatives on 06/16/98. Click here for the summary text.   Good news again.

Remember that the deadline for announcing any further delay in the implementation date due to the availabilty of FQA approved labs is June 26, 1998. Since the H.R. 3824 legislation comes out of the same committee that regulates NIST; it is possible that we will also see the effects of the H.R. 3824 delay announced at the same time. MINA will be sending NIST the latest lab survey results next week. So far the MINA lab survey shows that there will only be a handful of labs available to accept commercial work.

Rumor update 06/21/98 -- From 'Fastener Industry News' -- June 8, 1998: Staffers from Congressman Denny Hastert (IL) met with Secretary of Commerce William Daley about the FQA, Daley indicated that he would NOT exercise his executive authority to delay the implementation date. This means congress needs to act before July 26, 1998.

Rumor update 06/27/98 -- House floor discussion on H.R. 3824 including their discussions on the delay and possible REPEAL of the FQA. FASTENER QUALITY ACT AMENDMENTS (House of Representatives - June 16, 1998)   More fantastic stuff.
updated 06/5/98
Aircraft industry has bill introduced into congress to exempt themselves from parts of the FQA.
 Updated details on H.R. 3824 introduced into congress on May 11, 1998 and S.1325 amendment introduced into congress on May 22, 1998:

updated: 05/30/98, rev 08/29/98
S.1325 was subsumed into H.R.3824 when it became P.L.105-234. We have moved the sections pertaining to S.1325 from this page to another page.
rev 08/23/98:
MINA sent the following message and list of questions to NIST ON 08/19/98:
Now that H.R.3824 has become PL 105-234 MINA has questions on the NIST interpretation and implementation of the law.
  • 1. When does NIST plan to start working on the required report?
  • 2. When and how does NIST plan to inform industry about the required report?
  • 3. When and where does NIST plan to hold open meetings on the required report?
  • 4. When does NIST plan to start accepting written comments from the public and industry on the required report?
  • 5. When does NIST plan to submit the required report to Congress?
  • 6. Will Lab certification and provisional registration be allowed to continue during this review period?
  • 7. Can PTO continue to accept and register trademarks and headmarks?
  • 8. Can fasteners currently being manufactured in an FQA certified environment per the May 14, 1998 rules still be labeled and sold as being in full FQA compliance?
  • 9. What is the status of provisionally accepted labs? Their compliance period ends in May of 99? Will the review period extend the date for compliance?
  • 10. What happens to labs whose approval may expire during the review period? Will they be granted an automatic extension to cover the loss of time that their lab could not do FQA testing due to the review period?

As of 08/20/98 the reply from NIST was: " We are yet to decide on the process and when we decide we will post on the [NIST/FQA] website and Federal Register (if neeeded). Please keep in touch with our [NIST/FQA] website for details."
rev 08/23/98, 08/29/98, 09/08/98:
MINA has now learned that there will in fact be a Federal Register notice. It is expected to be issued shortly and will describe the delay in complete detail. NIST should also be issuing a press release on P.L.105-234 this coming week (as of 09/08/98 it still had not been issued!). The press release will probably just basically restate the law. We will have to wait for the Federal Register notice to get the real NIST interpretation of P.L.105-234.

If anyone has any suggestions on what else MINA should ask NIST about the H.R.3824/P.L.105-234 legislation, then please contact: LEE SACKS or BONNIE CARTER.

The public comment period mentioned below, for the P.L.105-234 Fastener Quality Act; Statutorily Required Study is now over.
MINA will publish copies of these public comments. *NIST/FQASRS has promised prompt cooperation in making them available. We hope to make them available by mid December.

updated Oct. 07 1998, rev Oct. 14 1998, Nov. 18 1998, Nov. 19 1998:
 *NIST/FQASRS has advised that the public comment period for the Fastener Quality Act; Statutorily Required Study has been extended until November 30, 1998.
On Nov. 19, 1998 NIST/FQA posted a link on their website to the official notice of FASTENER QUALITY ACT; STATUTORILY REQUIRED STUDY; RE-OPENING OF COMMENT PERIOD

On Oct. 14 1998 NIST finally posted this notice on their FQA website. They wasted a week into the comment period with this delayed posting. Again NIST did not publish the posting date.

On October 7, 1998 the Secretary of Commerce has requested public comments on PL 105-234.The period for public comment is very short with a deadline of November 6, 1998. We need to take action on this immediately.

An excerpt of the summary follows:
Fastener Quality Act; Statutorily Required Study
ACTION: Notice of inquiry; request for comments.
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.

The full text of the notices, contact information and other details are available by clicking on the 3 links below.
Federal Register Notice on P.L.105-234 (request for public comments)    10/07/98
Federal Register Notice on P.L.105-234 (request for public comments) in .pdf format   10/07/98
Federal Register Summary on P.L.105-234 (request for public comments)   10/07/98

*NIST/FQASRS (Fastener Quality Act; Statutorily Required Study group)

updated Nov. 10 1998, rev Nov. 18 1998, Dec. 01 1998:
Coinciding with the Nov. 30 1998 end of the P.L.105-234 official comment period, this particular survey is now withdrawn. However you may still pass along your comments as they may still be incorporated into ongoing legislative discussions and further congressional hearings.
Fastener industry FQA survey  prepared by the FIC (Fastener Industry Coalition). Please fax your responses to NFDA (National Fastener Distributors Association) [fax:(216) 579-1531] by Friday, November 13, 1998. (This date has now been extended until Nov. 30, 1998 to coincide with the extended NIST public comment period date). Please continue to submit these very important surveys.
updated 10/22/98:

ASME (The American Society of Mechanical Engineers) announced it will conduct a Department of Commerce requested, three-day fact-finding program on fastener manufacturing technology as mentioned in P.L. 105-234. It will be held at the Ramada O'Hare Plaza hotel in Rosemont, Il from November 9-11 1998. The fastener workshop will open with an as yet unnamed keynote speaker, followed by panels with fastener users from the aviation, automotive, military, heavy equipment, building and construction, and other industries.
For more information contact: Greg Barthold at ASME. Phone: 202-785-3756, Fax: 202-785-8120, E-mail bartholdg@asme.org
Note: this workshop does NOT address FQA distribution or importing issues.

updated 10/09/98, revised 10/10/98:

Click here for a preliminary first report on the congressional hearing October 8, 1998, before the Technology Subcommittee of the House Committee on Science.

It contains a list of links to the statements of the listed parties and organizations that were represented at the hearing. We hope to have more details including the actual conversational text of the hearing available shortly.

updated 10/08/98, rev 10/10/98, rev 10/13/98:

On October 13, 1998 NIST sent an e-mail press release notice (edited by MINA to include only FQA related material) about the implementation delay and the congressionally required report due to congress.

On October 8, 1998 NIST finally pubished a new official implementation delay notice on their website. (On August 28, 1998 NIST had removed the obsolete October 25, 1998 implementation delay notice which was still posted 2 weeks after the new law had made that date illegal and until now there had been no implementation delay notice posted.) Another curious coincidence, today is the date when the Director of NIST appears before the Technology Subcommittee of the House Committee on Science. (see the 10/07/98 update below) We also note that the NIST/FQA page link cleverly did not include the date they posted it. This notice contains essentially the same information that MINA posted here on September 28, 1998. We wonder why it took over 7 weeks after P.L. 105-234 became law for this information to be made public on the NIST/FQA website when it is supposedly the official site for FQA info? See the 4 links below.

updated Sep 28 1998:
More than six weeks after P.L.105-234 was signed into law NIST has finally commented on it. See the 4 links below. The delay until June 1, 1999 is now official! Could be even longer -- the following is a quote from the Federal Register notice: "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".

PRESS RELEASE on P.L.105-234   09/28/98
Federal Register Notice on P.L.105-234   09/28/98
Federal Register Notice on P.L.105-234 in .pdf format   09/28/98
Federal Register Summary on P.L.105-234   09/28/98

Excerpt from summary:
"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."

updated 10/07/98:
A congressional hearing on rewriting the FQA is tentatively scheduled for October 8, 1998, before the Technology Subcommittee of the House Committee on Science. According to the congressional office of Congresswoman Constance A. Morella, this will be the first of several hearings with more hearings to be held early next year.  MINA hopes to have several members in attendance and will also publish a report after the hearing.

If anyone has any suggestions on the many problems of the current FQA that MINA should advise the congressional committee about; then please contact: Lee Sacks or Bonnie Carter.

You may e-mail any comments about your FQA concerns prior to the hearing to: Honorable Constance A. Morella   (please include your full mailing address), or her Washington congressional office phone number is (202) 225-5341, her fax number is (202) 225-1389, or visit her website. Note: Congresswoman Morella is the chair of the Technology Subcommittee of the House Committee on Science. It was her subcommitte that initially held favorable hearings earlier this year which led to the eventual passage of PL 105-234.

updated 9/25/98:
 As of 9/25/98 NIST has again failed to respond to P.L.105-234. Six weeks after the law was passed still no reply, and another broken NIST promise!
updated 9/17/98:
 NIST has now again advised that there will be another delay in announcing the NIST reaction to P.L.105-234, probably until the middle or end of next week.
updated 9/16/98:
We expect to finally get the NIST reaction to P.L.105-234 either later today or tomorrow 9/17/98. Stay tuned. It will be posted here as soon as we get it.
CONTACTS AT: METRIC IMPORTERS OF NORTH AMERICA
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