Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 35507

Philadelphia, PA, and Wilmington, DE, Class

E airspace areas.

* * * * *

Issued in Jamaica, New York on June 15,

1998.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 98–17362 Filed 6–29–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Institute of Standards and

Technology

15 CFR Part 280

[Docket Number: 980623159–8159–01]

RIN 0693–AB47

Implementation of the Fastener Quality

Act

AGENCY: National Institute of Standards

and Technology, United States

Department of Commerce.

ACTION: Final rule and extension of

implementation date.

SUMMARY: The 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 Section 15 of the Fastener

Quality Act (Act), has determined that

by July 26, 1998, the current

implementation date of the Act, there

will not be a sufficient number of

laboratories accredited to perform the

volume of inspection and testing

required by the Act. Accordingly, the

Director is extending the

implementation date of the Act until

October 25, 1998 and amending the

existing regulations to reflect the new

implementation date.

DATES: Effective June 30, 1998.

FOR FURTHER INFORMATION CONTACT:

Dr. Subhas G. Malghan, FQA Program

Manager, Technology Services, National

Institute of Standards and Technology,

Building 820, Room 306, Gaithersburg,

MD 20899, telephone number (301)

975–5120.

SUPPLEMENTARY INFORMATION: The

Fastener Quality Act (Act), (Pub.L. 101–

592 as amended by Pub.L. 104–113),

requires that certain fasteners sold in

commerce conform to the standards and

specifications to which they are

represented to be manufactured and

have been inspected, tested, and

certified. Inspection and testing mean

that the manufacturer of a lot of

fasteners shall cause to be inspected and

tested a representative sample of the

fasteners in such a lot to determine

whether the lot of fasteners conforms to

the standards and specifications to

which the manufacturer represents it

has been manufactured. Such inspection

and testing shall be performed by a

laboratory accredited in accordance

with the procedures and conditions

specified by the Secretary under Section

6 of the Act.

In accordance with Section 15, the

requirements of the Act shall be

applicable only to fasteners fabricated

one hundred eighty (180) days or more

after the effective date of final

regulations implementing the Act. The

Secretary may extend the

implementation date upon a

determination that an insufficient

number of laboratories have been

accredited to perform the volume of

inspection and testing required.

The final rule implementing the

Fastener Quality Act became effective

on November 25, 1996, and was to

apply to fasteners manufactured on or

after May 27, 1997, the ‘‘implementation

date’’. On April 18, 1997, as permitted

by Section 15 of the Act, NIST

announced a one year extension of the

implementation date of the Act to May

26, 1998, because there was an

insufficient number of laboratories

accredited to perform the volume of

inspection and testing required by the

Act and regulations (62 FR 19041

(1997)). During the one extension, NIST

published for public comment proposed

amendments to the rule implementing

the Act (62 FR 47240 (1997)). On April

14, 1998, based on the public comments

received, NIST published the

amendments to the 1996 final rule and

once again extended the

implementation date of the Act (63 FR

18260 (1998)). At that time, the National

Voluntary Laboratory Accreditation

Program (NVLAP) and the NISTrecognized private accreditation bodies

reported that although an insufficient

number of laboratories was expected to

be accredited by May 26, 1998, only a

sixty (60) day extension appeared

necessary. Based on this information,

NIST extended the implementation date

of the Act to July 26, 1998.

Currently, NVLAP and the private

accreditation bodies have received

applications from approximately 580

testing laboratories, a sufficient number

for implementation of the Act. Of these,

approximately 250 testing laboratories

have been accredited and are listed on

the NIST Accredited Laboratory List.

The extension of the implementation

date to October 25, 1998, will allow the

remainder of the laboratories who have

applies to complete the accreditation

process. In addition, NIST is publishing

technical amendments to section 280,12

(a), (b), and (c) to reflect the extension.

The extension of the implementation

date does not affect the provisions of

section 280.12(d) and (e). Fasteners

manufactured after May 14, 1998 and

meeting the requirements of either of

these paragraphs still may be sold as

FQA compliant.

In addition, the extension of the

implementation date affects the

Facilities self-certification provisions

contained in section 280.810(c)(3). A

Facility’s determination whether to selfcertify must now be based on whether

that Facility believes its registration will

be completed by October 25, 1998, the

new implementation date. Such

determination is within each Facility’s

discretion and should be based on

arrangements between the Facility and

its Registrar as to when the Facility’s

registration will be complete. However,

Facilities wishing to self-certify still

must submit the required items by

September 30, 1998; NIST cannot

legally accept self-certification

paperwork after September 30, 1998.

NIST cannot provide relief for Facilities

whose registrations are not complete by

October 25, 1998, but who failed to

submit self-certification by September

30, 1998. Any self-certifications

received by September 30, 1998, and

acknowledged by NIST will only be

effective until May 25, 1999, as stated in

the existing regulations at

§ 280.810(c)(3)(ii).

Additional Information

Administrative Procedure Act

Pursuant to authority at 5 U.S.C.

553(b)(B), the Director of NIST has

determined that good cause exists to

waive the requirement to provide prior

notice and an opportunity for public

comment for this action as such

procedures are unnecessary. The

procedures are unnecessary because this

action merely makes technical

amendments to the existing regulations

to comport with the exercise of statutory

authority to extend the implementation

date. Since this action is not a

substantive change to the regulations,

this rule is not subject to a thirty day

delay in its effectiveness.

Executive Order 12866

This rule has been determined not to

be significant under section 3(f) of

Executive Order 12866.

Regulatory Flexibility Act

Since this action is not subject to the

requirement to provide prior notice and

an opportunity for public comment

under 5 U.S.C. § 553, or any other law,
35508 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

it is not subject to the analytical

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.

List of Subjects in 15 CFR Part 280

Business and industry, Fastener

industry, Imports.

Dated: June 25, 1998.

Robert E. Hebner,

Acting Deputy Director, National Institute of

Standards and Technology.

PART 280—FASTERNER QUALITY

For the reasons set forth in the

preamble, Title 15 of the Code of

Federal regulations part 280 is amended

as follows:

1. The authority for part 280

continues to read as follows:

Authority: Sec. 13 of the Fastener Qaulity

Act (Pub. L. 101–592, as amended by Pub. L.

104–113).

2. Section 280.12 is revised to read as

follows:

§ 280.12 Applicability.

(a) The requirements of the Fastener

Qaulity Act and this report shall be

applicable only to fasteners

manufactured on or after October 25,

1998.

(b) Metal manufactured prior to

october 25, 1998 may not be used to

manufacture fasteners subject to the Act

and this part unless the metal has not

tested for chemistry pursuant to

§ 280.15 of this part by a laboratory

accredited under the Act and this part

and the chemical charteristics of the

metal conform to those required by the

standards and specifications.

(c) Nothing in the Act and this part

prohibits selling finished fasteners

manufacture prior to october 25, 1998 or

representing that such fasteners meet

standards and specifications of a

consensus standards organization or a

government agency.

3. Section 280.602(k) is revised to

read as follows:

§ 280.602 Violations.

* * * * *

(k) Sale of fasteners manufactured

prior the implementation date as

compliant with the Act. No person shall

represent, sell, or offer for sale fasteners

manufactured prior to October 25, 1998

as being in conformance with the Act of

this part except as provided for in

§ 280.12 (d) or (e) of this part.

* * * * *

4. Section 280.810(c)(3)(i) is revised to

read as follows:

§ 280.810 Listing of recognized

accreditors, accredited registrars, and

registered facilities.

* * * * *

(c) List of Facilities. * * *

(3)(i) If a Facility intends to be listed

in accordance with § 280.810(c)(1) but

the registration process will not be

completed by October 25, 1998, the

Facility may be provisionally listed on

the Facilities List by providing the

following to NIST on or before

September 30, 1998:

(A) Certification that:

(1) The Facility is registered to QS–

9000 or an equivalent by a quality

systems registrar;

(2) The facility conforms to all other

requirements of the Act and these

regulations at the time of certification;

(3) If the Facility ceases to be

registered to QS–9000 or an equivalent

by an accredited Registrar and/or ceases

to conform to any other requirement of

the Act and these regulations at any

time during the provisional listing

period, it will notify NIST of that fact

within three working days; and

(4) If the Facility fails to apply to an

accredited Registrar for registration

under the FQA within 30 days of the

time the Registrar is accredited by a

NIST-approved Accreditor, an

authorized representative of the Facility

will immediately notify NIST. (If the

Facility’s current Registrar decides not

to seek accreditaton under the FQA, it

is the Facility’s responsibility to apply

to another Registrary that has been

approved by NIST-ABEP.);

* * * * *

[FR Doc. 98–17319 Filed 6–29–98; 8:45 am]

BILLING CODE 3510–13–M

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Parts 230, 240, 270, and 275

[Release Nos. 33–7548, 34–40122, IC–23272,

and IA–1727; File No. S7–4–97]

RIN 3235–AG62; 3235–AH01

Definitions of ‘‘Small Business’’ or

‘‘Small Organization’’ Under the

Investment Company Act of 1940, the

Investment Advisers Act of 1940, the

Securities Exchange Act of 1934, and

the Securities Act of 1933

AGENCY: Securities and Exchange

Commission.

ACTION: Final rules.

SUMMARY: The Securities and Exchange

Commission is amending the definitions

of ‘‘small business’’ and ‘‘small

organization’’ that are used in

connection with Commission

rulemaking under the Investment

Company Act of 1940, the Investment

Advisers Act of 1940, the Securities

Exchange Act of 1934, and the

Securities Act of 1933 regarding

regulatory requirements applicable to

investment companies, investment

advisers, exchanges, securities

information processors, transfer agents

and issuers, and broker-dealers. These

definitions are used specifically for

purposes of the Regulatory Flexibility

Act, which requires the Commission to

consider the impact of its regulations on

small entities. The amendments to these

definitions reflect recent changes in the

law as well as changes in the securities

markets over the past decade, including

technological innovations and increased

business relationships among

participants in the securities industry.

EFFECTIVE DATE: The rule amendments

will become effective July 30, 1998.

FOR FURTHER INFORMATION CONTACT:

General

Christopher Gilkerson, Assistant

General Counsel at (202–942–0929), or

Anne H. Sullivan, Senior Counsel at

(202–942–0954), Office of the General

Counsel, Securities and Exchange

Commission, 450 Fifth Street, N.W.,

Mail Stop 6–6, Washington, D.C. 20549.

Divisions with Particular Responsibility

Thomas M.J. Kerwin, Senior Counsel,

Division of Investment Management,

(definitions applicable to investment

companies and investment advisers)

(202–942–0690).

Glenn J. Jessee, Special Counsel,

Office of the Chief Counsel, Division of

Market Regulation (definitions

applicable to brokers, dealers,

exchanges, transfer agents and issuers,

securities information processors, and

broker-dealers) (202–942–0073).

SUPPLEMENTARY INFORMATION: The

Commission is amending the definitions

of ‘‘small business’’ and ‘‘small

organization’’ (together, ‘‘small

business’’) set forth in Rule 0–10 (17

CFR 270.0–10) under the Investment

Company Act of 1940 (15 U.S.C. 80a–1

et seq.) (‘‘Investment Company Act’’),

Rule 0–7 (17 CFR 275.0–7) under the

Investment Advisers Act of 1940 (15

U.S.C. 80b–1 et seq.) (the ‘‘Advisers

Act’’), Rule 0–10 (17 CFR 240.0–10)

under the Securities Exchange Act of

1934 (15 U.S.C. 78a et seq.) (the

‘‘Exchange Act’’), and Rule 157 (17 CFR

230.157) under the Securities Act of

1933 (15 U.S.C. 77a et seq.) (the

‘‘Securities Act’’) as those terms are

used for purposes of Chapter Six of the

Administrative Procedure Act, 5 U.S.C.

601 et seq. (the Regulatory Flexibility

Act, Pub. L. No. 96–354, 94 Stat. 1164

(1980), as amended, Pub. L. No. 104–