Fastener Fraud Hotline Could Be Months Away

John Wolz

Nearly two months after the U.S. Fastener Quality Act was implemented, there is no �fastener hotline� as required by the law, and officials say it could still be months away.
Subhas Malghan, the National Institute of Standards & Technology official in charge of FQA regulations, said the hotline is more likely to be months rather than weeks away.
Congress mandated the hotline in the 1999 amendments to Public Law 101-592 to provide a process for reporting faulty fasteners and fastener fraud.
In its official comments on the proposed regulations for the U.S. Fastener Quality Act, the Industrial Fasteners Institute called on NIST to create the fastener hotline as soon as possible.
The law, as amended last June, was implemented December 6, 1999. Regulations weren�t issued for public comment until December 14.
�IFI strongly supports the purpose of the fastener hotline and is very disappointed that announcement of the opening of the hotline was not contained [in the regulations issued for public comment].�
IFI�s comments expressed strong support for the amended FQA and said in a letter signed by IFI chairman John O�Brien and managing director Rob Harris that it �is generally pleased with the proposed procedures for implementing the FQA ��
The IFI response was made to NIST as part of the public comments on the proposed regulations, and it included several concerns in addition to quickly establishing the fastener hotline:
� IFI recommended changing the restriction on laboratory accreditation bodies to private sector and NVLAP. IFI noted �there may be a number of governmental or quasi-governmental accreditation bodies other than NVLAP that would not be able to accredit fastener testing laboratories� because of the language in the regulations.
� NIST should maintain publicly available information on lab accreditation bodies. The accreditation bodies are required to �self-affirm to the director of NIST that they meet the requirements of ISO/IEC Guide 58,� O�Brien and Harris noted. �There is no requirement for supporting documentation, but there is a requirement that the affirmation be signed by an authorized representative of the accreditation body.� The proposed regulations provide no guidance for when to send affirmations, and �some guidance� � �would be beneficial.�
�Also, for a fastener manufacturer to be assured that the fastener testing laboratory� � is accredited� �it is necessary to make sure that the laboratory in question has been accredited by a laboratory accreditation body that has self-affirmed to NIST that it meets the requirements of ISO/IEC Guide 58.� IFI recommends NIST maintain a list of the accreditation bodies and that it be posted on its web site.
� IFI recommended changing insignia recordal regulation language �to make it consistent with the Act.�
IFI �understands that where a consensus standard requires that a fastener manufacturer place his or her insignia on a fastener, such insignia must be registered in accordance with the Act� � �However, the language � implies that there are instances where it is permissible for a private label distributor or OEM to have their insignia appear on a fastener without the manufacturer�s insignia also appearing.� �For example, a private label distributor could by �specification� ask a fastener manufacturer to produce fasteners with only the insignia of the private label distributor or OEM on the head of the fasteners. Because the manufacturer�s insignia is not required by a consensus standard, there is no requirement that the insignia be registered by PTO. IFI and fastener manufacturers need some clarification on this point� to avoid �unintentionally� violating the law.
� Eliminate the reference to �raised or depressed� insignia and add wording requiring �permanent� insignia. O�Brien and Harris noted that �throughout the history of the FQA, Congress intended that a manufacturer�s insignia be applied in a permanent manner.� Instead of stating �raised or depressed,� IFI recommends: �The insignia must be applied so that it is permanent and readable with no greater than 10x magnification.�