1. Q.

A distributor does some tests on fasteners and certifies to his customers that the fasteners conform to the standards and specifications of a consensus standards organization. Must he seek laboratory accreditation under the Fastener Quality Act?

A.

If the distributor is a significant alteror, he has the option of having required testing performed in an accredited laboratory or, if the distributor has its own laboratory, seeking accreditation for that laboratory.

If the distributor is not a significant alteror, he should not be performing tests on fasteners. Although he is not prohibited from conducting tests on fasteners under the FQA, the distributor cannot assume the role of a manufacturer or an importer for purposes of this law. When a distributor acquires fasteners, to be FQA compliant, the fasteners must have been tested and certified in an accredited laboratory by either the manufacturer or the importer, if the importer assumed that responsibility in writing. If the fasteners are tested and certified as FQA compliant by the manufacturer or importer, any testing performed by the distributor is redundant. If the distributor acquires untested or uncertified fasteners, the fasteners are not FQA-compliant, and testing performed by the distributor cannot make them FQA-compliant. Therefore, any testing done by the distributor under this scenario would serve no purpose.

Should a manufacturer or an importer also be a distributor, any testing or certification must be performed in his role as a manufacturer or importer. If this manufacturer or importer chooses to do his own testing, he must seek laboratory accreditation. As an alternative, he may have the testing performed by any FQA accredited laboratory.

2. Q.

What must be done to become qualified to accredit testing laboratories?

A.

Subparts D, E, and F of the regulations specify the conditions under which an organization may be approved by the National Institute of Standards and Technology (NIST) to accredit fastener testing laboratories.

3. Q.

How will NIST determine how many accredited labs are needed to carry out the required testing under the Act and regulations?

A.

NIST continues to base its estimate on that provided by the Fastener Advisory Committee, an industry coalition. It is estimated that between 328 and 457 accredited laboratories are needed to carry out the required testing under the Act and regulations.

4. Q.

Which calibration facilities do we use as an accredited laboratory and how do we decide on their credibility?

A.

Sections 280.215(g) and (h) of the regulations require laboratories accredited under the Act and regulations to maintain an overall program of calibration and verification of instruments but the Act and regulations do not require the use of any particular calibration facilities. To ensure that it meets the terms of its accreditation, the accredited laboratory should consult with its accrediting body to determine if the accrediting body has specific requirements with respect to using specific calibration facilities.

5. Q.

We are a heat-treater. What if the laboratory we have selected for testing is accredited for hardness testing, but the scope of the accreditation is limited and our customer requires testing beyond the scope of the laboratory's accreditation. What should we put on the certification?

A.

Before the fasteners may be sold or offered for sale, each test required by the standards and specifications to which that fastener is made must be performed by a laboratory accredited to perform that test. In this instance, if the customer requires testing that is not required by the standards and specifications, the Act and regulations do not require that those tests be conducted in an accredited laboratory. On the other hand, if the customer requires tests that are also required by the standards and specifications, then the tests would have to be conducted in one or more accredited laboratories. The manufacturer may not sell or offer the fasteners for sale until all required tests are complete and it has the test reports.

6. Q.

What if there were enough accredited laboratories, but none paid listing fees?

A.

In order to be accredited, a laboratory must meet all conditions of accreditation, including the payment of required fees.

7. Q.

What about imports from Japan - don't the fasteners have to be tested in an in-house laboratory?

A.

Imported fasteners must be tested by an accredited laboratory. The manufacturer may have the tests done in an FQA accredited laboratory before exporting to the United States. As an alternative, the importer may assume responsibility in writing for the testing, thereby relieving the manufacturer of that responsibility. Although the laboratory must be accredited, the Act and regulations do not require that it be owned by the fastener manufacturer or that it be located in the United States.

8. Q.

If steel is being imported, how do you get the supplier certified?

A.

Section 5(d) of the Act and Section 280.15 of the regulations give the fastener manufacturer the option of using a chemistry test of the metal that was performed for the metal manufacturer if that chemistry test was done by an accredited laboratory; the fastener manufacturer gets an "original" test report; and the manufacturer can demonstrate that the lot of fasteners came from the heat number or coil of metal to which the test relates. The fastener manufacturer has this option whether the steel is made in the United States or abroad. The fastener manufacturer may request the steel supplier to have its laboratory accredited or may have the tests carried out elsewhere by an accredited laboratory. However, nothing in the Act or regulations require steel manufacturers to seek accreditation of their laboratories.

9. Q.

Can a laboratory be accredited to do only a few test methods for fasteners?

A.

Yes. Section 280.200 of the regulations provides that a laboratory may choose the number and type of test methods for which it will seek to be accredited.

10. Q.

Where can a list of accredited laboratories be obtained?

A.

NIST publishes a listing of accredited laboratories and maintains the list in electronic format. The electronic version may be obtained at the NIST website: http://www.nist.gov/fqa.

11. Q.

What are the guidelines for proficiency testing and what proficiency testing programs may be used?

A.

Organizations approved under the Act and regulations to accredit fastener testing laboratories must demonstrate to NIST that the laboratories that they have accredited to test fasteners participate in a proficiency testing program as a condition of maintaining their accredited status. The laboratory accreditation body is free to choose the proficiency testing program for its accredited laboratories. However, all accredited fastener testing laboratories of a given laboratory accreditation body must participate in the same proficiency testing program.

12. Q.

Can a customer waive the requirement that tests of covered fasteners must be carried out in accredited laboratories?

A.

No. Section 5 of the Act and Section 280.5 of the regulations prohibit selling or offering for sale a fastener unless it is from a lot that has been tested by an accredited laboratory and certified to meet the standards and specifications to which it is represented to have been made. Any purported waiver by the customer does not obviate these requirements.

13. Q.

Will all laboratories applying for accreditation receive the accreditation at the same time?

A.

No. Each laboratory accreditation body will decide its procedure for announcing the accreditation of individual laboratories. In the case of laboratories accredited to perform chemical testing, it is important that such laboratories seek accreditation as soon as possible so that raw material can begin to be tested in advance of the implementation date of the Act.

14. Q.

Can laboratories that service raw material suppliers receive their accreditation sooner so raw material can be tested before implementation of FQA?

A.

Yes. Neither the Act nor the regulations require the National Voluntary Laboratory Accreditation Program (NVLAP) or private accreditation bodies to delay accreditation once the evaluation is completed. Laboratories that wish to be accredited before the implementation date should apply as soon as possible.

15. Q.

If a manufacturer, importer, private label distributor, or person who significantly alters fasteners subcontracts out the heat-treating and plating of such fasteners, must the heat-treaters or platers have accredited laboratories?

A.

The Act and regulations do not require heat-treaters or platers to own testing facilities. However, before a covered fastener may be sold, someone is responsible for seeing that the testing is done in an accredited laboratory. The responsibility is as follows: If the heat-treating or plating is part of the original manufacturing process, Section 5(b) of the Act requires the manufacturer to have the fastener tested by an accredited laboratory unless an importer or private label distributor has assumed responsibility for the testing as provided for in Section 7(c) of the Act. If the heat-treating or plating is part of an alteration of a fastener subsequent to manufacture, Section 7(d) of the Act and Section 280.11 of the regulations require the alteror to have the testing done in an accredited laboratory. Section 280.2 defines the alteror as the person who owns the fastener and causes it to be altered. The laboratory might be owned by the heat-treater, the plater, the manufacturer, the alteror, or some other party. A heat-treater or plater may decide to seek accreditation of its laboratory as a service of providing certification to its customers that heat-treating and plating has been carried out according to the applicable standards and specifications. However, the Act and regulations do not require it.

16. Q.

Do equipment (test instrument) manufacturers and calibration providers of mechanical test equipment need to become accredited under the FQA?

A.

The Act and regulations do not require that manufacturers of test equipment or suppliers of calibration services become accredited in order to provide such equipment or services. However, it is possible that an accreditation body could, as part of its procedures, require its accredited laboratories to have their measuring instruments calibrated by a standards laboratory that has received third party accreditation.

17. Q.

If I choose a particular test method to become accredited to conduct (e.g., an ASTM standard test method for decarburization), will I also have to become accredited in the SAE and ISO versions as well?

A.

No. Section 280.200 of the regulations provides that a laboratory may choose the test methods for which it wishes to become accredited. However, if the laboratory in this question chooses to become accredited only in the ASTM standard test method for decarburization, it may not certify products to SAE or ISO standards or specifications if their methods of measuring decarburization differs from ASTM (see Section 280.1200 of the regulations).

18. Q.

Is laboratory accreditation restricted to testing methods or will a laboratory have to become accredited to the product standards, or both (e.g. ASTM E-10, E-18, and ASTM A-574)?

A.

The purpose of laboratory accreditation under the Act and regulations is to verify that fastener testing laboratories have the capabilities to test fasteners to specific standards and specifications. Generally speaking, laboratories will be accredited to specific test methods. However, there are instances where the product standards themselves incorporate test methods which the laboratory may choose to become accredited to conduct. In all cases, the laboratory will determine which test methods and/or standards and specifications it will seek to be accredited to perform.

19. Q.

Do manufacturers have to have an accredited laboratory for all requirements?

A.

Section 5(b) of the Act requires the manufacturer to have each lot tested to see that it conforms to the standards and specifications to which the manufacturer represents that it has been manufactured. Section 5(b) also requires that the testing be performed by an accredited laboratory. However, nothing in the Act or regulations require a manufacturer to own its own laboratory or to have all of the tests performed in a single laboratory. A manufacturer may choose to have its laboratory accredited or rely upon the use of outside accredited laboratories. Similarly, if a manufacturer chooses to have its laboratory accredited, it is free to decide for which tests it will seek accreditation.

20. Q.

Can a fastener supplier's own in-house laboratory be accredited to test fasteners under the Act and regulations?

A.

Yes.

21. Q.

As a testing laboratory, we find that sometimes lots fail. Do we have to make a statement?

A.

Yes. Section 280.6(a)(6)(v) of the regulations requires the accredited laboratory to state in its test report that the samples tested either conform or do not conform to the fastener standards and specifications and must identify the non-conformances found during the testing.

22. Q.

Do laboratory accreditation bodies give cost estimates?

A.

To the best of our knowledge, laboratory accreditation bodies do provide cost estimates of their services. It is up to the laboratory interested in becoming accredited to contact the accrediting bodies for these estimates.

23. Q.

How can we, as a laboratory, provide input to the International Organization for Standardization (ISO) process, especially for Guide 25?

A.

The American National Standards Institute (ANSI) is the U.S. member body to ISO. You can contact ANSI at (212) 642-4900 about becoming a member of the U.S. Technical Advisory Group to the ISO Conformity Assessment Committee (CASCO), which is responsible for ISO Guides 58 and 25.

Return to Table of Contents

1. Q.

Must an alteror who causes fasteners to be altered for its own use comply with the alteration provisions of the Fastener Quality Act?

A.

No. Section 280.11 of the regulations sets forth the requirements for an alteror who significantly alters a fastener and thereafter offers for sale or sells the altered fasteners. No similar requirements apply under the Act and regulations if the alteror does not offer for sale or sell the fasteners. Therefore, an alteror who significantly alters but who does not sell the fasteners to others does not have to comply with the alteration provisions of the Act and regulations.

2. Q.

After the implementation of the Fastener Quality Act, what options will I have to sell significantly altered parts? Many of my customers will not want to pay the added expense of testing (e.g., running the threads up on 2 - 3 PCS of a Grade 8 Bolt).

A.

In the situation described above, you have four options under the Act and regulations as discussed below. You may also refer to Sections 280.2 and 280.11 of the regulations for what constitutes a significantly altered fastener and to Section 3(1) of the Act for a definition of alter.

i.

Section 280.12 of the regulations provides that the Act is applicable only to fasteners manufactured after the implementation date of the Act. If you have fasteners manufactured prior to the implementation date, that have not been made FQA compliant in accord with Section 280.12(d) or (e), and those fasteners are significantly altered after the implementation date, you may not represent these fasteners as being in conformance with the Act.

ii.

If your fasteners are manufactured after the implementation date, and the fasteners have been inspected, tested and certified as complying with the Act, and the fasteners are then significantly altered either by through-hardening or by machining, you must assign a new lot number to the lot of altered fasteners, have the altered fasteners inspected in an accredited laboratory, and, if required by the standards and specifications, apply your registered trademark or insignia to the significantly altered fasteners, in compliance with Section 280.11(a) of the regulations. Alternatively, you can provide a written statement noting the original lot number, the new lot number, disclosing the subsequent alteration, and warning that such alteration may affect the dimensional or physical characteristics of the fastener. These altered fasteners can then be sold as complying with the Act.

iii.

If the fasteners have been significantly altered by electroplating, and the minimum specified Rockwell C hardness is 32 or above, you must assign a new lot number to the lot of altered fasteners and test the fasteners in an accredited laboratory in accordance with the plating standards and specifications.

iv.

If you knowingly sell significantly altered fasteners that you did not alter, you must provide the written statement to your customer described in paragraph ii above.

3. Q.

I buy "blanks," thread them, then sell the finished fasteners. If, on or after the implementation date of the Act, I thread blanks that were in my inventory before the implementation date, are the finished fasteners subject to the Act?

A.

Yes. The regulations define "date of manufacture" as that date upon which the initial conversion of material into a fastener takes place. Since the definition of fastener requires threading, the date of manufacture for the blanks is the date upon which they are threaded. If the threading occurs on or after the implementation date, the finished fasteners are covered by the Act.

4. Q.

Is extending the threads on a fastener a significant alteration?

A.

Section 280.2 of the regulations defines "alter" to mean to alter by through-hardening, electroplating or machining. We know of two operations to extend the threads of fasteners, rolling and cutting, both of which are machining operations. If the machining operation to extend the threads alters the fastener in a manner which could weaken or otherwise materially affect the performance or capabilities of the fastener as it was originally manufactured, and you offer for sale or sell the altered fastener, then you have significantly altered the fastener as defined in Section 280.2 and must:

i.

Assign a new lot number to the significantly altered fasteners;

ii.

Apply your registered insignia to the significantly altered fastener if the standards and specifications to which the fastener was originally manufactured require it; and

iii.

Have the altered fastener inspected and tested in an accredited lab or provide a written statement noting the original lot number, disclosing the subsequent alteration and warning that the alteration may affect the physical and dimensional characteristics of the fastener. See Section 280.11(a) of the regulations.

5. Q.

If, on or after the implementation date of the Act, I significantly alter fasteners that were made before the implementation date, must I comply with the significant alteration requirements of the Act?

A.

Section 280.12 of the regulations provides that the Act is applicable only to fasteners manufactured on or after the implementation date of the Act. If you have fasteners manufactured prior to the implementation date, that have not been made FQA compliant in accord with Section 280.12(d) or (e), and those fasteners are significantly altered after the implementation date, you may not represent these fasteners as being in conformance with the Act.

6. Q.

What if a customer orders Grade 8 fasteners from a distributor but wants them annealed before taking delivery. Such fasteners would not meet the specifications for Grade 8 after annealing. Would the distributor have to grind the Grade 8 marking off of the fasteners before selling them? Would it make any difference if the fasteners are for the customers own use?

A.

Section 5 of the Act prohibits the sale or offer for sale of a fastener unless it is part of a lot which conforms to the standards and specifications to which the manufacturer represents it has been manufactured. Annealing the fasteners would affect the tensile strength of the fasteners so that they would no longer meet the specifications for Grade 8 fasteners. If the distributor sold a fastener with a Grade 8 marking that did not meet the specifications of a Grade 8 fastener, the distributor would be in violation of the Act.

It would make no difference whether the customer uses the altered fastener for its own use. If the distributor has annealed the fastener and the distributor offers for sale or sells the fastener, then the distributor must comply with the requirements of the Act and regulations.

7. Q.

A speaker at one of the workshops showed a transparency on "Significant Alterations" which indicated that electroplating of parts having a specified minimum hardness of RC 32 are not considered significant alterations. Should this read "below RC 32"?

A.

That is correct. Section 280.2 of the regulations states that significant alterations do not include electroplating of fasteners having a minimum specified Rockwell C hardness of less than 32. Therefore, electroplating of fasteners having a minimum specified hardness below Rockwell C 32 is not considered a significant alteration.

8. Q.

If someone takes a bolt that is manufactured by my company, significantly alters it, and removes my company's head marking, what are my responsibilities as the original manufacturer?

A.

As the original manufacturer of the fastener, you are responsible for assuring that when the product was sold by your company it met the requirements of the Act and regulations. Specifically, Section 280.5 of the regulations requires that the bolt be part of a lot that was inspected, tested, certified and found to conform to the standards and specifications to which you represented it to be manufactured. If so required by the standards and specifications of the bolt manufacture, Section 280.700 of the regulations requires that you apply for and record your company's insignia prior to sale so that the bolt may be traced to your company.

The person who purchases the bolt and significantly alters it would be considered the "alteror," which is defined in Section 280.2 of the regulations as the person who owns the bolt and causes it to be altered. If the person intends to resell the altered bolt, Section 280.11 of the regulations requires the alteror who significantly alters the bolt to take certain actions. Those actions are set forth in detail in the response to question 2 above. Section 280.7(b) of the regulations requires the alteror to keep all records pertaining to inspection, testing and certification of the fastener for five years. If the alteror intends to use the altered bolt for their own use, then the bolt would not have to comply with these provisions

9. Q.

If I cut a threaded rod or bar into smaller fasteners, what are my responsibilities under the Act and regulations?

A.

Section 280.2 of the regulations provides that significant alterations do not include the cutting of finished threaded rods, bars or studs to produce individual smaller length threaded studs. However, Section 280.2 and Section 280.11(d) require that cut threaded studs, rods, or bars that are offered for sale be individually marked with the grade or property class identification marking appearing on or accompanying the original rod, bar, or stud from which the smaller fasteners were cut. You must check the appropriate consensus standard and specification for additional guidance.

10. Q.

When will electroplated fasteners have to be tested?

A.

Under Section 280.11(b) of the regulations, persons who electroplate fasteners having a minimum specified Rockwell C hardness of 32 or above are required to test the electroplated fasteners as required by the applicable plating standards and specifications.

11. Q.

Is recertification required by the Act and regulations if the end-user has someone else alter the fastener?

A.

If the end-user owns the fastener and causes it to be significantly altered, the end-user is an alteror, whether he alters the fastener or has someone else do it, as defined in Section 280.2 of the regulations. If the end-user who significantly alters the fastener, thereafter offers for sale or sells the fastener, Section 280.11(a)(3) of the regulations requires the end-user be treated as a manufacturer in accordance with Section 5 of the Act. The alteror must comply with the provisions of Section 280.11 that are applicable to the alteration that he performed. Those provisions are detailed in the answer to question 2 above. An end-user who alters the fastener, but does not offer for sale or sell the altered fastener has no obligations under the alteration provisions of the Act and regulations.

12. Q.

Are fasteners which are case-hardened covered by the Act?

A.

The definition of fastener in Section 3(5)(A) of the Act includes one which contains any quantity of metal and is held out as meeting a standard or specification that requires through-hardening. Section 3(5)(B) of the Act alternatively defines a covered fastener as bearing a grade identification marking if so required by a standard or specification for that fastener. Through-hardening is defined in Section 3(14) of the Act as "heating above the transformation temperature followed by quenching and tempering for the purpose of achieving a uniform hardness." If the case-hardening process does not require heating above the transformation temperature followed by quenching and tempering for the purpose of achieving uniform hardness, case-hardened fasteners would not be covered by the Act and regulations.

However, if the standard or specification for those fasteners requires only that the fasteners bear a grade identification marking, then case-hardened fasteners could be covered by the Act and regulations if the fasteners are required to and do bear a grade identification marking. See Section 3(5)(B) of the Act.

13. Q.

Is heat-treating of an aluminum fastener considered through-hardening under the Act and regulations?

A.

No. Heat-treating of an aluminum fastener is not considered "through-hardening" under the Act and regulations. Section 3(14) of the Act defines through-hardening as heating above the transformation temperature followed by quenching and tempering for purposes of achieving a uniform hardness. It is our understanding that heat-treating of aluminum fasteners does not require heating above the transformation temperature followed by quenching and tempering for purposes of achieving uniform hardness.

14. Q.

Can a person who significantly alters a fastener leave the original manufacturer's insignia on a fastener?

A.

Yes. There is no requirement to remove the original manufacturer's head marking on a significantly altered fastener. Section 280.11 of the regulations requires an alteror who significantly alters a fastener and thereafter offers for sale or sells the fastener to assign a new lot number, apply his or her registered insignia to the significantly altered fastener if the standards and specifications to which the fastener was originally manufactured require a raised or depressed insignia, and have the altered fastener inspected and tested in an accredited laboratory, or provide a written statement noting the original lot number, the new lot number, disclosing the subsequent alteration, and warning that the alteration may affect the physical and dimensional characteristics of the fastener.

However, if the alteration is only electroplating of a fastener in accordance with Section 280.11 (b) of the regulations, there is no requirement that the alteror apply his or her registered insignia to the altered fastener; the only the requirements are to assign a new lot number and test the electroplated fasteners as required by the plating standards and specifications.

15. Q.

Can fasteners be purchased already plated and then stripped?

A.

Yes, one can purchase plated fasteners and then strip the plating. The Act and regulations recognize that fasteners may be purchased one way and then altered to fit the needs of the customer. Section 280.2 defines 'alter" to mean to alter by through-hardening, electroplating of fasteners, or machining. If the process of stripping the plating involves machining, then the fastener has been significantly altered. In such a case, Section 280.11 requires the alteror to assign a new lot number, apply a registered insignia if required by the standards and specifications to which the fastener was originally manufactured, and cause the fastener to be inspected and tested, unless a written statement accompanies the fastener noting the original lot number and the new lot number, disclosing the subsequent alteration and warning that the alteration may affect the dimensional or physical characteristics of the fastener.

16. Q.

If you need short neck fasteners quick, so you reduce a long neck, is this cutting or machining?

A.

Reducing a long neck fastener to make short neck fasteners would require machining. Section 280.2 of the regulations defines alter to mean to alter by through-hardening, electroplating of fasteners, or machining. Section 280.11 requires the alteror who significantly alters a fastener by machining and thereafter offers for sale or sells the altered fastener to assign a new lot number, apply a registered insignia if so required by the standards and specifications to which the fastener was originally manufactured, and cause the fastener to be inspected and tested, unless the fasteners are accompanied by a written statement noting the original lot number and the new lot number, disclosing the subsequent alteration and warning that the alteration may affect the dimensional or physical characteristics of the fastener.

17. Q.

Must fasteners with alterations that are not considered significant alterations under the law and regulations be retested?

A.

Under Section 280.11(d) of the regulations, the only testing requirements which apply to such fasteners are those required by the standards and specifications to which the alteration is performed.

18. Q.

If a plated fastener is cut, is that considered a significant alteration?

A.

No. Section 280.2 provides that significant alterations do not include the cutting of finished threaded rods, bars or studs to produce individual smaller length threaded studs, bars and rods.

19. Q.

After a significant alteration of a fastener, do I add or change the head marking?

A.

Under Section 280.11 of the regulations, an alteror who significantly alters a fastener by through-hardening or by machining must apply his or her registered insignia to the fastener if required by the standards and specifications to which it was originally manufactured. If the significant alteration is only electroplating of the fastener, there is no requirement to apply a registered insignia. Therefore, where required, the headmarking must be added and may be changed.

20. Q.

A 3A alloy steel socket head cap screw is significantly altered, must it be retested?

A.

Yes, although the amount of testing to be done depends on the type of significant alteration. Section 280.11(a)(3) of the regulations requires that the alteror be treated as a manufacturer for the purposes of the law and regulations; the alteror is required to cause the fastener to be inspected and tested as required by Section 5 of the law and Section 280.11 of the regulations unless the significantly altered fastener is delivered to a purchaser accompanied by a written statement noting the original lot number and the new lot number assigned by the alteror, disclosing the subsequent alteration, and warning that such alteration may affect the dimensional or physical characteristics of the fastener. If the significant alteration is only electroplating a fastener having a minimum specified Rockwell C hardness of 32 or above, the alteror does not have to comply with Section 280.11(a)(3) above, but must test the electroplated fastener as required by the plating standards and specifications, and must assign a new lot number to the fasteners.

21. Q.

If the significant alteration is only electroplating of fasteners, is the alteror required to remark the fasteners?

A.

No. As set out in Section 280.11(b) of the regulations, if the significant alteration of a fastener is only electroplating a fastener having a minimum specified Rockwell C hardness of 32 or above, Section 280.11(a)(2) of the regulations does not apply; the alteror does not have to apply his or her registered insignia to the fastener. However, the alteror would have to assign a new lot number to the fasteners and test the fasteners as required by the plating standards and specifications.

22. Q.

For electroplating, does the waiver [of the requirements of Section] 280.11 (a) (3) have to be communicated to the customer at time of quote or order?

A.

If the significant alteration is only electroplating of fasteners having a minimum specified Rockwell C hardness of 32 or above, section 280.11(b) of the regulations controls. This Section 280.11(b) requires the significant alteror to assign a new lot number as set forth in paragraph (a)(1) of that section and to test the electroplated fasteners as required by the plating standards and specifications. Therefore, the electroplated fasteners must be tested as required by the plating standards, and the waiver allowed by section (a)(3) for other significant alterations is not permitted.

23. Q.

Will cert[ification]s be required when an end user is doing a significant alteration?

A.

No, an end user who significantly alters fasteners for its own use and who does not subsequently sell them to others does not have to comply with the requirements of Section 280.11 of the regulations dealing with significant alterations.

24. Q.

Is the significant alteror the owner of the product?

A.

Yes. Section 280.2 of the regulations defines an "alteror" as the person who owns a fastener and causes it to be altered. Such person may not be the one who actually performs the alteration. For example, based on a request from a customer for Grade 8 fasteners that have been electroplated, the distributor (who owns the fasteners) sends the fasteners to an outside source where electroplating is performed, then sells the plated fasteners to the purchaser. The distributor in this case, because he owns the fasteners and causes them to be altered, is the alteror and, as such, is responsible for complying with Section 280.11(b) of the regulations for significant alterations involving electroplating of fasteners having a minimum specified Rockwell C hardness of 32 or above, even though he is not the one who actually carried out the alterations.

25. Q.

What are the responsibilities of a distributor in informing the whole chain of buyers that a product was significantly altered and may not meet its original standards and specifications?

A.

If the distributor is the alteror who significantly altered the fastener, Section 280.11(a) requires the distributor to: (1) assign a new lot number, (2) apply his or her registered insignia if required by the standards and specifications to which the fastener was originally manufactured, and (3) cause the fastener to be inspected and tested unless a written statement accompanies the fastener noting the original lot number and the new lot number, disclosing the subsequent alteration, and warning that the alteration may affect the dimensional or physical characteristics of the fastener. If the alteration is only the electroplating of fasteners having a minimum specified Rockwell C hardness of 32 or above, the requirements described above (including the written statements) do not apply, but the distributor must assign a new lot number and test the electroplated fasteners as required by the plating standards and specifications. See Section 280.11(b) of the regulations.

If the distributor is not the "alteror" of the fasteners as defined in Section 280.2 of the regulations, but knowingly sells significantly altered fasteners, his or her responsibilities are to comply with the requirements of Section 280.11(c) of the regulations, which provides that any person who knowingly sells a significantly altered fastener, and who did not alter such fastener, shall provide to the purchaser a copy of the statement required by Section 280.11(a)(3). This statement notes the original and new lot number of the fastener, discloses the subsequent alteration, and warns that the alteration may affect the dimensional or physical characteristics of the fastener.

26. Q.

Does the company that cuts studs from threaded bar for a specification such as A193, which requires a manufacturer's headmark, have to have a "registered" manufacturer's headmark? (We believe it should and that Section 8 of the law will apply, since that company will be responsible for the traceability).

A.

If A193 requires a manufacturer's headmark on the threaded bar and a person cuts studs from such threaded bar for sale to others, these cut fasteners must bear the "registered insignia" as provided for in Subpart H of the regulations, which must be a raised or depressed insignia identifying the manufacturer or private label distributor. The manufacturer or private label distributor must apply for and record the insignia prior to selling or offering for sale any such fastener.

In addition, Section 280.11(d) of the regulations requires that the cut fasteners be marked with the grade or property class identification marking appearing on the original threaded studs, rods, and bars.

27. Q.

Many plating standards and specifications require testing at specific intervals, not testing of each lot. Under the FQA will each lot have to undergo a salt spray test?

A.

Yes. Section 280.11(b) of the regulations requires the alteror to test the electroplated fasteners in accordance with the plating standards and specifications. If the plating standards and specifications require that each lot must undergo a salt spray test, then each lot must be so tested.

28. Q.

Is the practice of "flash plating" considered to be a significant alteration under the law and regulations?

A.

Yes. The practice of "flash plating" occurs when a purchaser requests zinc plating of fasteners without specific reference to a plating standard or specification. This is considered a significant alteration if the fasteners have a minimum specified Rockwell C hardness of 32 or above. Since no plating standard or specification is applicable, the alteror is not required under Section 280.11 (b) to conduct tests on the electroplated fasteners. However, the alteror must assign a new lot number to the fasteners.

29. Q.

Does every lot of fasteners that have a minimum specified hardness of Rockwell C32 which are plated to QQP- 416 have to be tested for hydrogen embrittlement, plating thickness, and salt spray?

A.

Section 280.11(b) of the regulations requires that fasteners having a minimum specified Rockwell C hardness of 32 or above that are electroplated have to be tested according to the plating standards and specifications followed during the plating operation. Accordingly, for each lot of fasteners plated to QQP-416, the tests that have to be conducted must be in accordance with the provisions contained in QQP- 416.

30. Q.

When the supplementary requirement S-1, for ASTM A307B bolts is specified, is this a "significant alteration?" If so, what needs to be done to comply with the Act?

A.

We understand that the reference to S-1 means that it is an optional supplementary requirement restricting chemical composition when an ASTM A307 bolt is to be welded. This would not be considered an alteration under the Act and regulations because it is not machining, through-hardening, or electroplating. In terms of what must be done to comply with the Act and regulations, you must test the fasteners to the requirements of the standards and specifications to which they were manufactured.

31. Q.

What are "significant alterations?"

A.

Under Section 3(1) of the Act, a fastener that is altered by through-hardening, by machining, or by electroplating the fastener is an "alter" fastener for purposes of the Act and the regulations. Under Section 280.2 of the regulations, "significant alterations" are alterations which could weaken or otherwise materially affect the performance or capabilities of the fastener as it was originally manufactured, grade or property class marked, tested, or represented.

32. Q.

What does an alteror have to do if they plate a fastener with a minimum specified hardness of Rockwell C32 or above?

A.

If the significant alteration is only electroplating, the alteror has to comply with Section 280.11(b) of the regulations, which requires the alteror to assign a new lot number and to test the electroplated fasteners as required by the plating standards and specifications.

33. Q.

If my customer wants me to "significantly alter" a fastener he is buying from me, is there any way I can do this for them without having to certify the parts?

A.

If you are the "alteror" as defined in Section 280.2 of the regulations, you must comply with Section 280.11 of the regulations regarding significant alterations. The extent to which you will have to test or certify the altered fasteners depends upon the type of alterations being carried out. This is all explained in Section 280.11 of the regulations and in the answer to question 2 above.

34. Q.

As a manufacturer can I have my heat-treater certify hardness and physical strength and my plater certify the plating requirements?

A.

As a fastener manufacturer you are ultimately responsible under the Act and regulations for assuring compliance with all inspection, testing, and certification requirements. In the examples cited above, you may rely on tests carried out by others so long as the tests are carried out by laboratories accredited under the Act and regulations and you maintain on file original test reports from the various sources you used.

35. Q.

Are threading pre-hardened blanks or increasing thread length of a bolt considered "significant alterations?"

A.

Blanks are not included within the definition of "fastener" found in Section 3(5) of the Act. Therefore, the threading of a pre-hardened blanks is the manufacture of a fastener, not a "significant alteration."

Increasing the thread length of a bolt is a "significant alteration" if the bolt is a covered "fastener."

36. Q.

The aerospace industry has bolts with the same part number that are drilled and non-drilled. Is that going to create problems?

A.

The question cannot be answered without knowing what is required by the applicable standards and specifications and without knowing what type of drilling or machining is being done to the fastener. However, drilling of a fastener for purposes of installing a lock wire is not considered a significant alteration within the meaning of the Act and regulations.

37. Q.

Is passivation significant alteration?

A.

Passivation, according to the IFI Fastener Standards, 6th Edition, is the process of dissolving ferrous particles and surface impurities from stainless steel by chemical means (normally a nitric acid dip) and to produce a passive film on the surface. The purpose is to improve the corrosion resistance of the surface. This would not be considered an alteration of a fastener under the Act and regulations because it is not one of the defined methods of altering a fastener, which are by machining, through-hardening, or electroplating of the fastener.

38. Q.

If we are a major electroplater of fasteners, what tests do we have to do?

A.

Section 280.11(b) of the regulations requires an alteror that alters fasteners by electroplating to test the fasteners as required by the plating standards and specifications. Section 280.2 of the regulations defines the alteror as the person who owns the fastener and causes it to be altered, and it is the alteror who is responsible for assuring that all tests required by plating standards and specifications are carried out.

39. Q.

If a laboratory finds that fasteners submitted for testing do not have a manufacturer's head marking, what can the laboratory do?

A.

The laboratory should first determine if the standards and specifications applicable to the fastener require head marking. If they do, as part of the laboratory's test report to the client, it should indicate that the fasteners do not conform to the applicable standards and specifications and identify the absence of the head mark as a reason for nonconformance, in accordance with Section 280.6(a)(6)(v) of the regulations.

Return to Table of Contents

1. Q.

Is there a checklist that will be used when auditing/assessing a Program to ISO Guide 58 and where may I obtain a copy of the checklist?

A.

NIST has prepared a checklist based on ISO Guide 58. A copy may be obtained by calling Mr. Robert Gladhill, Accreditation Body Evaluation Program (ABEP), NIST at (301) 975-4273.

Return to Table of Contents

1. Q.

May a distributor "white out" the name of the manufacturer on the test report before passing that report on to a customer who has requested it ?

A.

No. Section 280.6(a)(7) of the regulations specifies that laboratory test reports contain a statement that the report must not be reproduced except in full. Any person who modifies any portion of the test report would be in violation of Sections 280.602(e) and 280.602(f) of the regulations. Section 280.602(e) states that no person may make false or misleading representation, statement, or certification, or falsify or conceal any material fact in connection with the preparation, submission, issuance or use of a laboratory test report or certificate of conformance. Section 280.602(f) states that no person shall falsify or make any false or misleading statement on or in connection with a laboratory test report required by Section 5(c) of the Act or Section 280.6 of the regulations.

2. Q.

May a distributor generate his own certificate reproducing the substantive content of the test report(s) and stating that it accurately reproduces the results of the original in an attempt to preempt requests from customers for test reports?

A.

No. Laboratory testing reports may only be issued by laboratories accredited by NIST or by approved accreditation bodies. The report must either be the original report, originally signed by an approved signatory, or a copy thereof, certified by the laboratory that conducted the test.

3. Q.

A speaker at a workshop had a point on an overhead transparency, which he emphasized verbally, that "Sub-contracting testing to FQA accredited labs is permissible when prior notice is given to the customer!" Section 280.9(b) and Section 280.215(1) of the regulations clearly state that the laboratory must notify the "client" of its intention to subcontract any portion of the testing, not the customer. Typically the laboratory's client will be a fastener manufacturer, importer, or private label distributor. The "client" is clearly not the fastener manufacturer's customer, is it?

A.

The term "client" as used in Sections 280.9(b) and 280.215(l) of the regulations refers to the person who is requesting the testing, who is usually the manufacturer, importer or private label distributor of the fasteners.

4. Q.

Another speaker displayed a copy of a customer blueprint of a "fastener,"indicating that it is clearly covered by the Act because the material requirement is also class 10.9. He then proceeded to mark up the print to indicate that certain characteristics would not have to be tested in an accredited lab and included in a test report. He marked the thread call out on the print with a question mark, not knowing if this characteristic would be covered. Is this correct? Can a manufacturer, seemingly, determine arbitrarily which dimensions or other characteristics are covered or not covered for a "fastener?" It seems to me if a part is a "fastener" all specified characteristics on a print must be tested and found in conformance in order for the part to be salable.

A.

The speaker was referring to instances where OEM standards reference consensus standards for certain requirements pertaining to the performance or material characteristics of the fastener. Under the definition of "fastener" in Section 280.2 of the regulations, a fastener that is produced to an OEM standard which directly or indirectly references consensus standards and specifications delineating performance or materials characteristics of the fastener is a fastener within the meaning of the Act and regulations. Inspection and testing of the fastener must be carried out in accordance with the Act and the regulations by a laboratory which has been accredited by NIST, or by an organization approved by NIST. The testing required by the Act and the regulations is that required by the product standards and specifications that are related to the product in writing by the OEM.

5. Q.

ASTM A193 paragraph 11.1.4 states that "[t]ension tests not required when threaded products are fabricated from heat treated bars." Does this mean the physical analysis can be passed through similar to the chemical analysis?

A.

As a matter of policy, the Department of Commerce will not issue interpretations of consensus standards and specifications. Such interpretations should be sought directly from the consensus standards organization.

6. Q.

Does the steel manufacturer have to provide a fastener manufacturer a chemistry certificate on the raw material under the Act and regulations?

A.

No. The Act and the regulations do not require the steel manufacturer to provide a chemistry certificate on the raw material. However, if the standards and specifications require testing for chemistry, the fastener manufacturer must certify that the fasteners conform to the standards and specifications. The manufacturer may either test the raw material in an accredited laboratory or test the finished fasteners in an accredited laboratory. Many manufacturers are requesting their steel suppliers to seek accreditation of their laboratories on a voluntary basis so that raw material certificates will be available based upon a ladle analysis carried out by an accredited laboratory. See Section 280.15 of the regulations.

7. Q.

If a salt spray test requires 1000 hours to complete, can I ship material before the test is completed?

A.

You must follow the testing requirements of the standards and specifications you are using. Fasteners manufactured after the implementation date of the Act that are represented as meeting the standards and specifications of a consensus standards organization cannot be sold unless they have been inspected and tested by an accredited laboratory and found to be in conformance with all provisions of the applicable standards and specifications.

8. Q.

On laboratory reports, do we have to record all measurements of physical dimensions of all samples OR only minimum and maximum values?

A.

Section 280.6(a)(6) states that test results must be provided for each sample based upon actual tests required by the applicable standards and specifications. Accordingly, the accredited laboratory must follow the test methods as prescribed in the applicable standards and specifications in terms of reporting the results of tests.

9. Q.

Must the certificate of conformance and the test report that are required in Sections 280.5 and 280.6, respectively, of the regulations be separate documents or can they be combined into a single document?

A.

They can be combined into a single document.

10. Q.

Section 280.15 of the regulations "Alternative Procedure for Chemical Characteristics" contains four subSections. I believe each of these was intended to define what must be done to comply with the Section. However, subSection (d) falls far short of accomplishing this objective because it does not tell a manufacturer how they should demonstrate the traceability between material and the products. Therefore, the BXA can't tell if a manufacturer is in compliance with the Act.

A.

Fastener manufacturers generally assign a lot number, based upon the coil or heat number of the raw material, to each lot of fasteners as they are being manufactured. The lot number becomes a part of the permanent record and test folder for that lot of fasteners, which allows the manufacturer to demonstrate compliance with Section 280.15(d) of the regulations.

11. Q.

When are electroplated fasteners required to be tested?

A.

Under Section 280.11(b) of the regulations, persons who electroplate fasteners having a specified minimum Rockwell C hardness of 32 or higher are required to test the electroplated fasteners in accordance with the plating standards and specifications they followed in the plating operation.

12. Q.

Can the customer waive certain tests required by the standards and specifications?

A.

No. Fasteners manufactured after the implementation date of the Act that are represented as meeting the product standards and specifications cannot be sold unless they have been inspected and tested by an accredited laboratory and found to be in conformance with all provisions of the applicable standards and specifications.

13. Q.

What if no sampling procedure is specified in the standards and specifications, are we supposed to use the three procedures provided in the regulations?

A.

You are required to use one of the alternate sampling procedures prescribed in Section 280.10 of the regulations if no sampling procedures are specified in the standards and specifications to which the fastener has been manufactured.

14. Q.

Does the certificate of conformance have to be physically generated for each lot? A manufacturer who does in-house testing might currently be generating all of the test reports but not generating a final certificate of conformance because the customers never ask for them. (This fastener manufacturer works mainly for automobile manufacturers who can and do audit his production and testing facilities with some frequency.)

A.

Section 280.5(c) of the regulations states that each manufacturer, importer, private label distributor, or alteror who significantly alters any fastener shall keep on file, and make available for inspection, an original laboratory test report and a manufacturer's certificate of conformance for each lot of fasteners subject to the Act and regulations. Section 280.7(d) of the regulations allows persons subject to the Act to maintain such records, except laboratory test reports, electronically provided they meet all of the stated requirements.

15. Q.

If a laboratory receives a purchase order which does not give all the data for the laboratory to complete its test reports, what should the laboratory do?

A.

The laboratory should contact the client and request such information.

16. Q.

If a customer specifies the number of samples it wants tested, will complying with the customer's request meet the requirements of the Fastener Quality Act? Many plating standards and specifications require testing at specific intervals not testing of each lot. Under the FQA will each lot have to undergo a salt spray test? Note: This questioner asserted that "there are not enough salt spray cabinets in North America to test each lot."

A.

To comply with the Act and regulations, covered fasteners must be tested in accordance with the applicable standards and specifications, including plating standards and specifications as regards salt spray testing.

17. Q.

Is it okay to charge a customer for test reports and certificates of conformance?

A.

Yes. There is nothing in the Act and regulations that prohibits such practice.

18. Q.

What are the guidelines for proficiency testing and what proficiency testing programs may be used?

A.

Organizations approved under the Act and regulations to accredit fastener testing laboratories must demonstrate to NIST that the laboratories which they have accredited to test fasteners participate in a proficiency testing program as a condition of maintaining their accredited status. The laboratory accreditation body is free to choose the proficiency testing program for its accredited laboratories. However, all accredited fastener testing laboratories of a given laboratory accreditation body should participate in the same proficiency testing program.

19. Q.

I have a wire rod that has not been tested for chemistry, can I test it myself?

A.

Section 280.12(b) of the regulations prohibits the use of metal manufactured prior to the implementation date to manufacture fasteners subject to the Act unless the metal has been tested for chemistry pursuant to Section 280.15 of the regulations by a laboratory accredited under the Act and regulations and the chemical characteristics of the metal conform to those required by the standards and specifications.

20. Q.

Can a customer waive the requirement that tests of covered fasteners be carried out in accredited laboratories?

A.

No. Fastener manufacturers, importers, distributors, and persons who significantly alter fasteners must comply with the requirement that fasteners covered by the Act and regulations be tested in accredited laboratories.

21. Q.

Can returned products be recertified under the Act and regulations?

A.

Most manufacturers and distributors have a policy that they will only accept a returned product in its original sealed container. In such a case, the product can be resold without a problem under the Act and regulations. If, on the other hand, the product is returned in a container which has been opened, there is no way of knowing if commingling has occurred and the manufacturer or distributor may not "recertify" such product.

22. Q.

Which certifications are acceptable on raw material?

A.

Section 280.15 of the regulations provides that the manufacturer shall be deemed to have demonstrated that the chemical characteristics of a lot of fasteners conform to the applicable standards and specifications if the raw material has been tested for chemical characteristics by an accredited laboratory and the laboratory has provided to the fastener manufacturer, either directly or through the metal manufacturer, a written inspection and testing report prepared in accordance with Section 280.6 of the regulations, listing the chemical characteristics of the metal and stating that they conform to the standards and specifications represented by the (metal) manufacturer.

23. Q.

If the Act requires testing to be done as a final process, why would you test at a heat-treater? Why would a heat-treater be accredited?

A.

The Act and regulations do not require that inspection and testing be done as a final process. There is nothing in the Act or the regulation that require the heat treater to be accredited. It is the responsibility of the fastener manufacturer to make certain that the fasteners conform to the requirements of the FQA. Many manufacturers send out fasteners to be heat-treated or plated as part of the manufacturing process and may rely on heat-treaters and platers to provide a certification that their work is in conformance with applicable standards and specifications by having the fasteners tested by an accredited laboratory.

24. Q.

As an importer how do we protect sources, by certifying here?

A.

Under Section 10(b) of the Act and Section 280.16(b) of the regulations the "subsequent purchaser" has the right to a copy of the test report, which may only be reproduced in full (see Section 280.6), and which will disclose the name of the fastener manufacturer. As an importer, your customer is the "subsequent purchaser" under the Act and regulations. Therefore, your sources must be disclosed.

25. Q.

Section 280.14 of the regulations states that the importer can assume responsibility for testing imported fasteners, but certification of conformance to the Act is needed from the manufacturer. This seems confusing.

A.

You are confusing the "certificate of conformance" required under Section 280.5(c) of the regulations with the certificate containing fastener description information required under Section 280.14(a)(1). Under Section 280.14(a)(1) of the regulations, the foreign fastener manufacturer has to provide to the importer a certificate which contains fastener description information contained in Section 280.6(a)(4) and a statement that the fasteners have been manufactured according to the requirements of the applicable standards and specifications, but have not been tested by a laboratory accredited under the Act and regulations. The fastener description information will be needed by the accredited testing laboratory in order to complete the test report that will be provided to the importer and maintained on file.

26. Q.

If an OEM orders a fastener specifying its own proprietary standards for dimensions and a consensus standard for the chemical and physical properties of the fastener, which characteristics must be tested under the Fastener Quality Act?

A.

By incorporating or referencing, directly or indirectly, a consensus standard or specification for the chemical and physical properties (which delineate performance or materials characteristics) of its fastener, the OEM's fastener is a fastener subject to the requirements of the Act and regulations. Accordingly, all tests required by the product standards and specifications, even if they are not all prescribed by a consensus standards organization, must be completed in an accredited laboratory before the fastener would be deemed to be in compliance with the Act and the regulations.

27. Q.

Some parts in a lot will inevitably be non-conforming even if all samples conformed. Is it a violation of the Act if even one part in a lot is found to have failed to conform to the standards and specifications?

A.

The Act and regulations recognize the validity of statistical sampling as the basis for inspection and testing of fasteners. Conformance to standards and specifications is based upon inspection and testing of a valid statistical sampling of fasteners from a lot. Thus, it may be possible for a lot of fasteners to be found in conformance with applicable standards and specifications, based upon the testing of a valid statistical sample, but for there to be several non-conforming pieces in the lot. This would not be considered a violation of the Act and regulations.

28. Q.

Does every lot of fasteners that have a minimum specified Rockwell C hardness of 32 [or above] which are plated to QQP-416 have to be tested for hydrogen embrittlement, plating thickness, and salt spray?

A.

Section 280.11(b) of the regulations requires that fasteners having a minimum specified Rockwell C hardness of 32 or above that are electroplated have to be tested according to the plating standards and specifications followed during the plating operation. Accordingly, the tests that have to be conducted in the example cited above should be in accordance with the provisions contained in QQP-416.

29. Q.

If my customer wants me to "significantly alter" a fastener he is buying from me, is there any way I can do this for him without having to certify the parts?

A.

Under Section 280.2 of the regulations, an "alteror" is defined as a person who owns the fasteners and causes them to be altered . An alteror is responsible for complying with the alteration provisions of the Act and regulations.

If you are the owner of the fasteners at the time you "significantly alter" the fasteners, and you thereafter offer for sale or sell any significantly altered fasteners, you are required under Section 280.11(a)(3) of the regulations to have the fasteners inspected and tested in an accredited laboratory or you must provide your customer with a statement disclosing the alteration and warning that the alteration may affect the dimensional or physical characteristics of the fastener. If title to the fasteners has passed to the customer before you "significantly alter" the fasteners, your customer is responsible for complying with the alteration provisions of the Act and regulations.

30. Q.

As a manufacturer can I have my heat-treater certify hardness and physical strength and my plater certify the plating requirements?

A.

As a fastener manufacturer you are ultimately responsible under the Act and regulations for assuring compliance with inspection, testing, and certification requirements. In the example cited above, you may rely on tests carried out by others so long as the tests are carried out by laboratories accredited under the Act and regulations and you maintain on file original test reports from the various sources you used.

31. Q.

As a fastener manufacturer, do I have to use material from a mill that has an accredited laboratory?

A.

As a manufacturer you are responsible under the Act and regulations for assuring that your fasteners meet the applicable standards and specifications to which they were manufactured. This includes testing for chemistry following applicable standards and specifications. You have the option of either testing finished fasteners for chemistry or relying upon the raw material supplier for such tests. In all cases, tests must be carried out in laboratories accredited under the Act and regulations. Thus, if testing is performed by the raw material supplier, you would need to determine if the testing laboratory used by your raw material supplier has been accredited under the Act and regulations.

32. Q.

Will NIST have a standard test report and/or certification form for the Act?

A.

No. Information required to appear on the laboratory test report is identified in Section 280.6 of the regulations, and information required to appear in the certificate of conformance is identified in Section 280.5(c). NIST does not intend to prescribe a specific form or format for such information.

33. Q.

We produce a large quantity of product to SAE J429, grade 5 & 8 requirements which allows periodic checking. Do FQA requirements override SAE J429?

A.

Section 5 of the Act requires that each lot of fasteners be tested. Section 280.10 of the regulations requires that sampling be done according to the standards and specifications to which the lot of fasteners has been manufactured. Therefore, each lot of fasteners must be tested, but if the standards requires only periodic checking within each lot, only periodic checking within each lot must be performed.

34. Q.

Can you bypass an inspection in certification? If dimensional certification is done by an accredited lab, can you retest for dimension?

A.

A person may retest fasteners that have already been tested by an accredited laboratory and, based upon such tests, have been certified by the manufacturer as being in conformance with applicable standards and specifications. However, you are prohibited from holding out your test results as complying with the certification requirements of the Act and regulations unless your tests have been performed in an accredited laboratory.

35. Q.

If my machine shop makes studs for repair, does it fall under FQA if you make it and use it yourself?

A.

If the threaded rod or bar falls under the Act and regulations, studs cut from such rod or bar are fasteners within the meaning of the Act and regulations and may not be sold unless the threaded rod or bar from which they were cut has been inspected, tested and certified as required by the Act and regulations. However, if you use the studs you make, they do not enter commerce, so the requirements of the Act and regulations do not apply.

Return to Table of Contents

1. Q.

Is the commingling option more or less restrictive now that the Act has been amended?

A.

Section 7(e) of the Act and Section 280.4 of the regulations permit manufacturers, importers, and private label distributors to commingle (mix fasteners from different lots in the same container) fasteners of the same type, grade and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations. This may be done provided that any container with fasteners from two lots is conspicuously marked with the lot identification numbers of both lots. Fastener distributors, and persons who purchase fasteners for sale at wholesale or retail, may commingle fasteners of the same type, grade, and dimension from different lots in the same container.

2. Q.

Normally, with in-line delivery, the customer checks which parts are delivered, puts them away, and never sees the box or lot number of the fasteners. How does he know what lot the fasteners came from if the bins are stocked with commingled fasteners?

A.

In-line delivery is delivery at the request of the customer to a specific point on the customer's assembly line. There is no requirement under the Act and regulations that the end-user ( in this case the customer requesting delivery) maintain lot traceability. However, if the customer anticipates a need to know what lot the fasteners come from, the customer must request that the seller, either prior to the sale or at the time of sale, conspicuously mark the container of the fasteners with the lot number from which such fasteners were taken. If the end-user requests traceability, the lot numbers must be marked on the containers. See Section 280.16 of the regulations regarding subsequent purchasers.

3. Q.

An Original Equipment Manufacturer (OEM) may purchase fasteners for use in its own manufacturing operations and for resale to dealers who will use the fasteners in making repairs. Would this OEM be allowed to commingle like fasteners?

A.

An OEM may commingle tested and certified lots of fasteners in accordance with Section 280.4(a) of the regulations (see answer to number 1 above) because, in the example cited, the OEM is acting as a distributor. The OEM should be mindful of the requirement under Section 280.16 of the regulations that if a subsequent purchaser requests the seller to mark the container of the fasteners with the lot number from which such fasteners were taken, either prior to, or at the time of sale, the seller must comply with such request or not make the sale.

4. Q.

Can grandfathered and FQA fasteners be commingled by a distributor?

A.

Fasteners manufactured prior to the implementation date may be sold in U.S. commerce for an indefinite period of time, provided such fasteners are not offered for sale or sold as being in conformance with the Act and the regulations, except as provided in Sections 280.12(d) and (e) of the regulations. Fasteners, manufactured prior to the implementation date and not held out as being FQA compliant, may be commingled with fasteners manufactured after the implementation date of the Act, provided that they are of the same type, grade and dimensions, the commingled fasteners are not held out as being FQA compliant, and no certification under the Act or regulations is being requested. Fasteners, manufactured prior to the implementation date under Section 280.12(d) or (e) and held out as being FQA compliant, are subject to all requirements of the Act and regulations, including the commingling provisions in Section 280.4 of the regulations.

5. Q.

If many different lots are imported, how will the commingling provisions affect the importer?

A.

An importer may not commingle more than two lots of fasteners of the same type, grade, and dimension. See Section 280.4 of the regulations.

6. Q.

Does the distributor have any limit on lot commingling?

A.

Fastener distributors may commingle fasteners of the same type and grade and dimension from different lots in the same container. However, the distributor should be mindful that if a subsequent purchaser requests the lot number from which the fasteners were taken, the distributor must provide that information. See Section 280.16 of the regulations.

7. Q.

It was said that distributors can commingle lots without any limitations. Do they still have to track lot numbers and/or mark the boxes with lot numbers?

A.

Distributors do not have to track lot numbers or mark the boxes with lot numbers. However, distributors should be mindful that if a subsequent purchaser requests the lot number from which the fasteners were taken, the distributor must provide that information. See Section 280.16 of the regulations.

Return to Table of Contents

1. Q.

Do I have to use the latest version of a standard and specification?

A.

The Act and regulations do not specify any one version of a standard and specification. The Act does require that fasteners be manufactured according to the standards and specifications to which they are represented to have been manufactured. There are three instances in which the version of the standard and specification could become important.

i.

The first instance occurs when a standard and specification requires a fastener to bear a grade or property class marking. The Department interprets the regulations to require that, when a purchaser purchases a newly manufactured fastener which bears a property class or grade marking from a manufacturer, it is reasonable, absent information to the contrary, for that customer to assume that the fastener conforms to the provisions of the standards and specifications represented by the grade or property class marking as of the date of purchase or the date of manufacture, if the latter is disclosed to the customer. If the fastener conforms to an earlier version of the standards and specifications but not to the version in effect on the date of the purchase, the manufacturer must disclose to the buyer the version of the standards and specifications to which the fasteners conform. Failure to do so would be a violation of Section 5 of the Act and Section 280.5 of the regulations.

ii.

The Second instance occurs when a standard and specification requires use of the latest version. Under these circumstances, selling a fastener that does not conform to the version in effect on the date of manufacture would be a violation of Section 5 of the Act and Section 280.5 of the regulations.

iii.

The third instance occurs when submitting fasteners to a laboratory for testing. Section 280.6(a)(4)(vi) of the regulations requires the standards and specifications of the fasteners to be specified when the fastener is submitted for testing. This information becomes part of the final test report.

2. Q.

Is the Japanese Industrial Standards Institute (JIS) a consensus standards organization within the meaning of the Act and regulations?

A.

Yes. NIST has determined that the Japanese Industrial Standards Institute (JIS) is a consensus standards organization within the meaning of the Act and regulations.

3. Q.

The importance of consensus standards organizations is indicated, but there seems to be a conflict over standards used as requirements for laboratory accreditation. Do revisions on standards supersede previous standards?

A.

NIST has incorporated, insofar as possible, the standards promulgated in ISO Guides 58 and 25 into subparts C, D and E of the regulations. If NIST decides to revise these subparts in any substantive way, the Department will publish a notice of proposed rulemaking and provide an opportunity for public comment before making any changes.

4. Q.

"Government agency" does not appear to be defined in the statute or the regulations. Given that NIST, in its September 26 Federal Register notice, listed some government agencies under the list of provisionally designated "Foreign and International Consensus Standards Organizations," may we infer that "consensus standards organizations" and "government agencies" are treated the same for purposes of defining what constitutes a regulated "fastener?" Specifically, pursuant to [Section] 280.2 of the regulations, are fasteners held out as being produced to the specifications of a government agency not recognized by NIST in its September 26th notice regulated under the FQA? (We are aware that a document which incorporates or references (directly or indirectly) FQA-recognized standards and specifications will subject the fasteners to which the document pertains to the requirements of the FQA).

A.

The definition of "standards and specifications" in Section 280.2 of the regulations and Section 3 of the Act makes clear that fasteners produced to the provisions of a document published by a consensus standards organization or a government agency are subject to the Act and regulations. These organizations are listed on the Fastener Quality Act Program's website at http://www.nist.gov/fqa.

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1. Q.

As a distributor how can I prevent my customer from knowing who my sources are?

A.

The Act and regulations require that the customer be able to identify the manufacturer of the fasteners they are purchasing and, if they choose, also identify the lot from which such fasteners were taken. If a fastener standard and specification require the manufacturer to mark the head of the fastener with his or her insignia which, under the Act and regulations has to be registered with the Patent and Trademarks Office of the Department of Commerce (PTO), then the name of the manufacturer will be available to the customer. PTO will publish its register of recorded insignia and any purchaser of fasteners will have access to such information. In addition, under Section 280.16(a) of the regulations, if a purchaser of fasteners requests the seller to mark the container of fasteners with the lot number from which such fasteners were taken, either prior to the sale or at the time of the sale, the seller shall conspicuously mark the container of fasteners with the lot number. Under Section 280.16(b), the seller also must provide copies of laboratory testing reports and certificates of conformance, which contain the manufacturer's name, upon request from a subsequent purchaser.

2. Q.

Distributors are allowed to commingle fasteners from different lots. It is not in the Act, but it is in the regulations, why this discrepancy?

A.

Section 7(e) of the Act and Section 280.4 of the regulations provide that manufacturers, importers, and private label distributors may not commingle fasteners from different lots except under conditions prescribed in Section 7(e) of the Act and Section 280.4 of the regulations. Distributors are not included in these restrictions. Accordingly, Section 280.4(b) of the regulations makes clear that distributors are permitted to commingle fasteners.

3. Q.

If I am a distributor and I also import fasteners, am I a distributor so that I can commingle lots of fasteners which I import?

A.

As an importer, you are subject to the requirements of the Act and regulations pertaining to importers. Under Section 7(e) of the Act and Sections 280.4(a), of the regulations, an importer may commingle no more than two lots of tested and certified fasteners in the same container during plating and repackaging, provided that the container is conspicuously marked with lot identification numbers of both lots. If the importer is also a distributor of fasteners, he or she may commingle two or more lots of fasteners pursuant to Section 280.4(b), but only after the importer satisfies the testing and certification requirements of Sections 280.13 and 280.14 of the regulations.

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1. Q.

Why is the recordkeeping requirement five years if the statute of limitations is ten years?

A.

A five-year recordkeeping requirement is consistent with other statutes which are being enforced by the Bureau of Export Administration (BXA). Records may be kept for a longer period of time, if a company chooses to do so.

2. Q.

What happens if paperwork is lost by the supplier because of a fire or if the supplier goes out of business, etc.?

A.

Certain "Acts of God," such as fire, flood, or other unavoidable circumstances are unforeseeable and cannot be prevented. Persons responsible for recordkeeping in accordance with Section 280.7 of the regulations should take reasonable and prudent measures to protect their records. If a loss occurs because of an act of God, the persons involved should document the loss.

3. Q.

Do we have to keep all paperwork or lab data such as CD-images/photographic images?

A.

Section 10 of the Act and 280.7 of the regulations prescribes the recordkeeping requirements for accredited testing laboratories, manufacturers, private label distributors, importers, and alterors who significantly alter fasteners. Section 280.501(c)(4) of the regulations prescribes the recordkeeping requirements for laboratory accreditation bodies. Sections 280.1110(h) and 280.1010(h) prescribe the recordkeeping requirements for Registrars and Accreditors, respectively. Section 280.7(c) and (d) of the regulations prescribe the requirements for original records and reproduction of original records. Section 280.809 extends the requirements of Section 280.7 to Accreditors, Registrars, and Facilities.

4. Q.

Compliance records have to be kept for 5 years from what date?

A.

Section 280.7(a) of the regulations requires that accredited laboratories must keep records for a period of five years after the performance of a test of fasteners. Section 280.809 extends this requirement to Accreditors, Registrars, and Facilities. Section 280.7(b) of the regulations requires that manufacturers, importers, private label distributors, and persons who significantly alter fasteners must keep records for a period of five years after the performance of a test of the altered fasteners.

5. Q.

In copying, alterations can be made of the original data - what do you do about it?

A.

Section 280.602 makes it a violation of the Act and regulations to falsify a laboratory test report, a certificate of compliance, or documents relating to laboratory accreditation or accreditation bodies. Anyone who does so is subject to civil penalties under the Act and regulations and may be subject to criminal penalties, as well.

6. Q.

Does the phrase "tamper proof system" mean paper originals are required for test reports and certificates of conformance? Also, with respect to the question on whether the test reports and certificates of conformance which the manufacturer must keep on file must be paper, one of the workshop participants noted that the statute uses the term "written."

A.

Section 5(c) of the Act refers to the requirement that an accredited laboratory shall provide to the manufacturer a "written" inspection and testing report with respect to a lot of fasteners. While it is anticipated that most records will be produced and preserved in paper form, Section 280.7 of the regulations would permit the generation, reproduction, and preservation of required records using any process (paper, microfilm, or electronic digital storage) capable of producing the original records in accordance with the requirements contained in this Section.

7. Q.

We must keep original documents, so documentation is not accepted in any other form?

A.

Section 280.7 of the regulations spells out what original records must be kept and the form in which such records must be kept.

8. Q.

How can I guarantee tamper resistant test reports?

A.

Section 280.6 of the regulations requires that test reports must be protected by a tamper resistant system. This requirement may be fulfilled by the use of tamper proof paper, embossed or depressed seal of the company, seal of a notary public, or any other control which discourages, prevents, or minimizes alteration of test reports subsequent to manufacturing, inspection, or testing that is available and which shows erasure or other evidence that the paper has been tampered with.

9. Q.

Does a manufacturer need original test reports?

A.

Section 280.5 of the regulations requires a manufacturer to maintain original test reports. Section 280.2 of the regulations defines an original laboratory testing report as one which is originally signed by an approved signatory of the laboratory, or is a copy thereof, certified by the laboratory that conducted the test. Section 280.2 of the regulations defines "certified copy" [of a laboratory testing report] as "a complete and accurate copy of the original laboratory testing report, which contains a statement describing it as an accurate and complete copy of the original and which is signed by an authorized representative of the accredited laboratory issuing the report or, in the case of metal chemistry testing reports, an authorized representative of the metal manufacturer.

10. Q.

What if manufacturers certificates are not requested at the time fasteners are purchased, but the purchaser comes back later requesting the certification?

A.

Section 10(b) of the Act and Section 280.16(b) of the regulations state that copies of test reports or certificates of conformance are to be provided to the "subsequent purchaser" upon request without regard to when such requests are made. "Subsequent purchaser" is interpreted to mean the first person who purchases a lot of fasteners from a manufacturer, private label distributor, importer, or alteror who significantly alters fasteners. However, Section 7(f) of the Act and 280.16(a) of the regulations state that a seller is required to furnish lot numbers for fasteners when requested by the purchaser either prior to the time of sale or at the time of sale. It is up to the seller to decide whether or not to furnish such lot numbers if the seller requests them other than as specified above.

11. Q.

Section 280.15 of the regulations, Alternative Procedure for Chemical Characteristics, contains four subSections. I believe each of these was intended to define what must be done to comply with the Section. However, subSection (d) falls far short of accomplishing this objective because it does not tell a manufacturer how they should demonstrate the traceability between material and the products. Therefore, how can the BXA tell if the manufacturer is in compliance with the Act?

A.

Manufacturers generally assign a trace number or a lot number, based upon the coil or heat number of the raw material, to each lot of fasteners as they are being manufactured. This number becomes a part of the permanent record and test folder for that lot of fasteners and allows the manufacturer to demonstrate compliance with Section 280.15(d) of the regulations.

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1. Q.

If a fastener bears a certain manufacturer's insignia but that manufacturer did not manufacture the fastener, how does the manufacturer prove that it was a counterfeit fastener and he did not manufacture it?

A.

In an enforcement proceeding under the FQA, the government has the burden of proving that the charged party committed the violation. Evidence to prove the facts described by this question could take a wide variety of forms, including the insignia on the fastener, business records of fastener manufacturers, sellers, purchasers and other parties, or forensic evidence. Nevertheless, prudent manufacturers should take steps to prevent instances of mistaken identity. Such steps could include keeping accurate records of sales, and reporting to BXA any instance in which the firm suspects that someone else is using its registered insignia.

2. Q.

A steel company executive has concerns that a foreign fastener manufacturer could set up a shell company on a "no-legal-connection, arm's-length" basis, to act as an importer of record (could be no more than a single person), and then that person could falsify documentation and testing for an extended period of time before being caught; he could then simply close up shop and change identity when legal action is started.

A.

Such activity would be in violation of the Act and regulations and could result in the imposition of the criminal and civil penalties which the Act provides, including fines and/or imprisonment.

3. Q.

What happens to the revenue received from fines?

A.

Revenue from civil penalties imposed by the Department of Commerce or criminal fines imposed by a court is deposited in the United States Treasury as general revenue.

4. Q.

We routinely purge several lots. Lot identification is lost, can we return such fasteners to the manufacturer?

A.

The Act and regulations do not address the issue of a purchaser's return of fasteners to the seller from which they were purchased.

5. Q.

What responsibility does the U.S. Customs Service have under the Act and regulations?

A.

No specific responsibility is assigned to Customs by the Fastener Quality Act. However, the Act does not affect any authority that other laws may give the Customs Service to seize, detain, inspect or take any other action with respect to imports or exports of any product, including fasteners.

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1. Q.

What is meant by "initial conversion of material" in the definition of "date of manufacture" in the FQA regulations?

A.

This is the time at which the raw material is machined to a shape that conforms to the fastener configurations described in Section 3(5) of the Act. In the case of screws, nuts, bolts or studs, it is when the threads are produced by rolling or cutting. In the case of load indicating washers and nuts, it is when the inside diameter is produced by drilling or punching and when the nominal outside diameter is 5 millimeters (1/4 inch) or greater. For other washers it is when the washer meets the standards or specifications applicable to screws, nuts, bolts, or studs. In the case of threaded studs or rods it is when the threads are produced by rolling or cutting.

2. Q.

Is any fastener that has a grade identification mark appearing on it other than an ASTM A307 GRADE A or an ASTM F432 bolt exempt from the FQA?

A.

No.

3. Q.

Are "blue print specials" covered under the Act?

A.

The definition of "fastener" contained in Section 280.2 of the regulations provides that a screw, nut, bolt, stud or washer held out as being produced according to the requirements of a document other than a document published by a consensus standards organization is a fastener within the meaning of the Act and regulations if that document incorporates or references (directly or indirectly) standards and specifications published by a consensus standards organization or government agency for purposes of delineating performance or materials characteristics of the fastener. Fasteners which are produced entirely to engineering drawings or to standards and specifications which do not incorporate or reference (directly or indirectly) standards and specifications of consensus standards organizations or government agencies are not subject to the Act and regulations.

4. Q.

Are any "blue print special" fasteners that do not have a grade identification mark on them covered under the FQA?

A.

Generally, the answer is no. The only exceptions to this are "blue print special" fasteners that do not have grade mark identification on them, but make direct, unaltered reference to material specifications covering alloy steel socket screw fasteners (ASTM A574, A574M, F835, F835M, F912, F912M, and ASME B 18.3). To our knowledge, these are the only consensus fastener standards that require through-hardening but do not make grade identification mandatory.

5. Q.

What washers are "fasteners" within the meaning of the FQA?

A.

The preamble to the regulations published in the Federal Register on September 26, 1996 contained a Section entitled "Definition of Fasteners-Washers Subject to the Act." In that Section, it is stated at the conclusion of the Fastener Advisory Committee and the Public Law Task Force, that there were only two U.S. standards and specifications which specifically call out requirements for washers used in association with covered fasteners under the Act. The Department stated in this Section that this conclusion was consistent with stated Congressional intent of the Act. These standards are ASTM F959 or F959M and ASTM F436 or F436M. However, the Section also indicated that while the Department agreed with the Advisory Committee and Task Force interpretation, it did not wish to cite only these two standards as instances where washers were "fasteners" within the meaning of the Act and regulations, for several reasons. First, the Department noted that to do so would unnecessarily restrict the freedom of consensus standards bodies to significantly change these standards and specifications in the future, or to propose new standards and specifications which would have the effect of including additional washers as "fasteners" within the meaning of the Act. Second, the Department felt that doing so could exclude washers held out as meeting a foreign or international standard or specification that requires certain washers to be used with particular fasteners in order to conform to that standard or specification.

The Department also has concluded that screw and captive washer assemblies (SEMS) produced to ASME/ANSI B18.13-1987 are covered by the Act and regulations. In accordance with Section 2.5 of ASME B18.13, washer components of SEMS shall conform to the dimensions and specifications given for the various types in the standard. This means that persons holding out or selling such washers as meeting the requirements of this standard must adhere to the inspecting and testing requirements of the Act and regulations.

6. Q.

Washers, if referenced in other standards, are they covered?

A.

Please see the answer to question 5.

7. Q.

If a washer is an OEM blue print which refers to a consensus standard, does it fall under the Act?

A.

Please see the answer to question 4 above.

8. Q.

Our product line is probably exempt from the Act but we need clarification. There is no consensus standard for weld fasteners. The material is low carbon steel (C1010), and austenitic stainless steel (302HQ). The low carbon parts can be electroplated and all stainless parts are passivated. Heat-treating or hardening is not a condition of the finished product. The size range is #6-32 to «-13 and M3.5 to M12.

A.

The parts you refer to are not covered by the Act and regulations. However, if you wish to request a formal written determination from the Department that your product is or is not subject to the Act and regulations, you must submit a written request to Dr. Subhas Malghan, Program Manager, Fastener Quality Act, Building 820, Room 306, National Institute of Standards and Technology, Gaithersburg, Maryland 20899. Include in your request a sample of the product(s) involved and the following information:

(a)

name and address of the manufacturer;

(b)

description of the fastener to include: product family, nominal dimensions, product standards, and specifications used to manufacture the fastener (please provide specific citations including date of publication, specification, and grade of material, and coating material and standard and specification as applicable); and

(c)

the intended use or range of usage of such fasteners.

Please note that samples will not be returned and that the documentation will be maintained by NIST as official records.

9. Q.

Our low carbon material conforms to ASTM A307 and SAE J429 Grade 1. Head markings are not used to identify the material. Head markings on top of the head interfere with electrode contact during resistance welding. OHIO Weld Fasteners do not have hex head. We do make hex head levelers of our own design, not used in tension. Are these items covered by the Act?

A.

No. Grade 1, low carbon fasteners made to ASTM A307 and SAE J429 are not covered by the Act and regulations.

10. Q.

Are solution-hardened aluminum fasteners covered by the Fastener Quality Act?

A.

No. The definition of "fastener" in Section 5(3) of the Act requires through-hardening. Solution-hardening is different from through-hardening in that no tempering takes place in solution-hardening.

11. Q.

Are all fasteners that are held out as being produced to standards and specifications covered by the FQA?

A.

No. Only those fasteners which meet the definition of "fastener" as contained in Section 3(5) of the Act and in Section 280.2 of the regulations are "fasteners" within the meaning of the Act.

12. Q.

Are fasteners produced to SAE standards J78, J81 and J1237 covered by the Act and regulations?

A.

No. SAE J78, J81 and J1237 Type 2 are not covered by the Act and regulations because they are case-hardened fasteners and grade marking is not mandatory under the standards and specifications.

13. Q.

The standard and specification for blue print special 4037 steel parts does not contain a standard for hardness and tensile strength. Is it covered?

A.

There is not enough information provided by this question to determine if the fastener is covered under the Act and regulations. The entire blue print must be reviewed by NIST before a determination can be made as to whether this fastener is covered by the Act and regulations.

14. Q.

What if General Motors Corporation doesn't refer to a document produced by a consensus standard organization or by a government agency in a particular standard it developed and uses to procure fasteners. Would these fasteners be covered under the Act and regulations?

A.

The fasteners would be covered if a standard or specification contained in a document produced by a consensus standards organization or by a government agency was incorporated in the General Motors Corporation (GMC) standard, even if the GMC standard did not reference the document.

15. Q.

What about components or assemblies that contain fasteners, are the components or assemblies themselves covered by the Act? Do the fasteners contained in the component or assembly have to comply with the Act?

A.

Assembled components that incorporate fasteners are not subject to the Act and regulations. Fasteners used in assembling such components may themselves be covered under the Act and regulations. The determining factor is whether the individual screw, nut, bolt, stud or washer is a "fastener" within the meaning of Section 3(5) of the Act and Section 280.2 of the regulations and whether, if it is covered, that fastener was sold in commerce as a fastener (as apposed to part of an assembled component).

16. Q.

Can we submit "blue print special" specifications to you to see if they reference or incorporate a standard and specification of a consensus standards organization?

A.

It should not be necessary to seek an independent review of a blue print or set of specifications to determine whether or not it incorporates or references a standard or specification of a consensus standards organization or government agency for purposes of delineating performance or materials characteristics. However, if guidance is needed, it will be provided by NIST.

17. Q.

Are stainless steel fasteners with grade markings exempt from the Act and regulations?

A.

Stainless steel fasteners made according to ASTM A193, A194, F593, F594 and ISO 3506 are covered by the Act and regulations because they have mandatory grade markings that indicate performance. Any military or aircraft fastener made of stainless steel having a mandatory part number marked on its head is covered. Stainless steel fasteners that are not grade marked and are not required to be marked by the standard to which they are produced are not covered. Stainless steel fasteners marked only with "material marks" such as 304, 316, and 18-8 are not covered. Stainless steel fasteners with head marks on them other than these can be submitted to NIST for evaluation to determine if they are covered by the Act and regulations. For such an evaluation, please write to the address given in answer #8.

18. Q.

Are ball studs/ball pins covered by the FQA?

A.

No. These are not fasteners as defined by the Act and regulations. Ball studs/ball pins are speciality components that are generally used in automobile suspension systems. We understand that they provide a turning function.

19. Q.

Are fastener sets covered under the FQA?

A.

Fastener sets are collections of small quantities of products, including fasteners, of varying sizes, collected together and sold as a package. They are covered under the Act and regulations to the extent that such sets contain individual fasteners which are subject to the Act and regulations. If the package or container for the fastener set contains covered fasteners, it must include the lot numbers of those covered fasteners.

20. Q.

I work for a division of General Motors that makes some fasteners. Are fasteners that we sell to other units of General Motors covered under the FQA?

A.

Yes, provided they meet the definition of "fastener" and you are actually selling the fasteners rather than transferring them within a corporate entity. Section 280.5 of the regulations states that no fastener shall be offered for sale or sold in commerce unless it is part of a lot which has been inspected, tested, and certified in accordance with the Act and regulations. It is our understanding that auto companies to have multiple divisions where one division sends parts to another division. This may not be considered a sale or offering for sale as indicated above, but an intra-company transfer of parts from one division to another.

21. Q.

If an OEM orders a fastener specifying its own proprietary standards for dimensions and a consensus standard for the chemical and physical properties of the fastener, which characteristics must be tested under the Fastener Quality Act?

A.

By incorporating or referencing, directly or indirectly, a consensus standard or specification for the chemical and physical properties (which delineate performance or materials characteristics) of its fastener, the OEM's fastener is a fastener subject to the requirements of the Act and regulations. Accordingly, all tests required by the product standards and specifications, even if they are not all prescribed by a consensus standards organization, must be completed in an accredited laboratory before the fastener would be deemed to be in compliance with the Act and the regulations.

22. Q.

If a washer is specified through-hardened Rockwell and no other specification is called, is the washer covered under the Act?

A.

No, it is not a fastener under the Act or regulations.

23. Q.

A low carbon bolt has a headmark but the purchase order doesn't specify a particular standard or specification, is it covered under the FQA?

A.

Yes. A low carbon bolt that has a grade identification marking (other than ASTM A307A or ASTM F432) and a manufacturer's insignia is covered under the Act and regulations.

24. Q.

Could you indicate what would constitute an indirect reference or incorporation sufficient to bring an otherwise exempt fastener under the FQA? In particular, could you comment on the following scenario: An end-user requests that a manufacturer produce a fastener to a certain set of standards and specifications which may be similar, but not necessarily identical, to those contained in a document published by a consensus standards organization. However, the end user's standards and specifications do not refer to the consensus standards organization's document. Would that fastener be regulated under the FQA?

A.

An example of an indirect reference to a consensus standard would be that the end user's standards and specifications require that a "grade identification marking" from a consensus standard be included on the fastener.

25. Q.

Must an end user or manufacturer provide to NIST or to anyone else a written notice that a fastener is held out as having been produced according to standards and specifications that do not incorporate or reference those of a consensus standards organization or government agency, and is therefore exempt from the FQA?

A.

No. There is no such requirement under the Act and regulations.

26. Q.

We sell a washer machined from 12Ll4 (LEDLOY) round bar steel which is then case-hardened and tempered to .008 to .015 case depth (not through-hardened). The thinnest washer we sell is 1/8" thick and the thickest 5/16" thick. Would these parts be exempt from the FQA?

A.

Please see the answers to questions 5 and 8 in this Section.

27. Q.

Does the Fastener Quality Act cover only steel or are aluminum fasteners also covered?

A.

The definition of fastener as contained in Section 3(5) of the Act covers, among other things, fasteners held out as meeting a standard or specification which requires through-hardening. If the fasteners are head marked according to a standard and specification which requires through-hardening, they are covered under the Act and regulations.

28. Q.

Are fasteners which are case-hardened covered by the Act?

A.

Generally, case-hardened fasteners are not covered by the Act. However, it was pointed out during one of the fastener workshops that there is a particular SAE standard which applies to case-hardened fasteners where the standard makes it optional to put a grade mark on the fasteners. Nevertheless, the case-hardened fasteners manufactured pursuant to this standard still would not be covered under the Act and regulations because grade marking under the standard is optional rather than mandatory.

29. Q.

Are stainless steel bolts marked 303, 304, 316, or 18-8 covered by the FQA?

A.

Please see the answer to question 17 in this Section.

30. Q.

Where can we find definition of screw, nut, bolt, stud, washer, etc.?

A.

The Act and regulations do not define these terms. A fastener is covered by the Act and regulations if it meets the requirements of Section 3(5) of the Act and Section 280.2 of the regulations.

31. Q.

Does the Act cover the screw machine industry?

A.

Yes. The Act and regulations cover certain types of screws that are "fasteners" as defined by Section 3(5) of the Act. It does not cover machinery used in the production of such fasteners.

32. Q.

We manufacture ASTM A193 - B7 threaded rods; it is our understanding that this falls under the Act.

A.

Yes. ASTM 193 fasteners and rods of all types are covered by the Act and regulations.

33. Q.

If a fastener is not covered under the Act, does it have to have a manufacturer's identification on it?

A.

The Act and regulations do not require a manufacturer's identification to be put on any fastener not covered by the Act.

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1. Q.

What kind of documentation will Customs want to see when clearing incoming shipments of fasteners?

A.

Unless the importer assumes responsibility in writing for inspection and testing, Section 7(b) of the Act requires that delivery of a shipment of covered fasteners to a U.S. importer be accompanied by test reports, a certificate of conformance and other relevant lot identification information: it does not require that test reports, certificates of conformance or other relevant lot identification information be presented to the U.S. Customs Service (Customs) at the time the fasteners enter the United States.

Note that if terms of the sale provide that delivery of covered fasteners to a U.S. importer occur simultaneously with the import into the United States, then the documents described above must accompany the shipment. The Department interprets the term "accompanied by" to mean that all documents required by the Act and the regulations must be provided to the U.S. importer either prior to or at the time of delivery of the fasteners to the importer. You should be aware, that there are other statutes administered and enforced by Customs which may apply to the importation of fasteners; you should contact Customs for other clearance requirements.

2. Q.

How will BXA determine if importers test fasteners which have been imported without testing abroad?

A.

The Act and the regulations require that covered fasteners be inspected and tested; BXA has authority to conduct investigations and to review records relating to both domestically produced and foreign produced fasteners for compliance with the Act and regulations.

3. Q.

Can an importer who uses fasteners that are not resold assume responsibility for testing the fasteners upon importation?

A.

Yes. Section 280.14 of the regulations provides the importer the option of assuming responsibility for the inspection and testing of imported fasteners. Importers who wish to exercise this option must, prior to importing the fasteners, assume responsibility in writing for the inspection and testing.

4. Q.

What if you import commingled fasteners, then use them, can you do that?

A.

An importer may not purchase fasteners covered under the Act unless either the shipment of such fasteners is accompanied by a manufacturer's certificate of conformance, an original laboratory testing report with respect to each lot from which such fasteners are taken, and any other relevant lot identification information (see Section 280.13 of the regulations), or under Section 280.14 of the regulations, the importer assumes responsibility in writing for the inspection and testing of the fasteners. In the former case, an importer would need to be sure that it received appropriate paperwork for each lot in the shipment, regardless of how many lots were commingled. In the latter case, it is unlikely that an importer could meet its testing requirements because many standards and specifications require that a representative sample be taken for testing from each lot, something that would be impossible once lots are commingled. In addition, Section 280.4 of the regulations limits the circumstances under which an importer, manufacturer or private label distributor may commingle fasteners.

5. Q.

Can product be brought here from overseas and then tested?

A.

Yes. Section 280.14 of the regulations provides the importer the option of assuming responsibility for the inspection and testing of imported fasteners. Importers who wish to exercise this option must, prior to importing the fasteners, assume responsibility in writing for the inspection and testing.

6. Q.

If steel is being imported, how do you get the supplier certified?

A.

The Act and regulations provide for the chemistry of steel to be inspected and tested either by having the raw material inspected and tested by an accredited laboratory or by having the finished fastener tested for chemistry by an accredited laboratory. The fastener manufacturer is responsible for assuring that all relevant tests are carried out in accordance with the standards and specifications to which the fasteners are held out to have been manufactured. In the case of steel being imported for use in fasteners within the United States, the fastener manufacturer may request the steel supplier to conduct such tests by having its laboratory accredited under the Act and regulations, or may have the tests carried out elsewhere by a laboratory accredited under the Act. However, nothing in the Act or regulations require steel manufacturers to seek accreditation of their laboratories.

7. Q.

We receive product from overseas. It may be from several manufacturers and not all the certifications are with the product. Will it be held up by Customs?

A.

As noted in the answer to question 1 above, the Act does not require that certificates of conformance, testing reports and other relevant lot identification information accompany fasteners when they clear Customs and enter the United States, unless delivery to the U.S. importer occurs simultaneously with the import. However, the U.S. importer must have all required documents in its possession prior to or at the time it receives the fasteners. Thus, while the shipments might enter the United States without the certificate of conformance, testing reports and relevant lot identification information, an importer who does not have all of the required documentation for the fasteners when the shipment is delivered would be in violation of the Act and regulations.

8. Q.

When importing items manufactured before implementation of FQA, will the product be accepted?

A.

The Act and regulations do not prohibit the importation or sale of fasteners made prior to the implementation date, regardless of the date of importation. However, any covered fastener manufactured after the implementation date, whether foreign or domestic, must comply with the requirements of the Act and regulations.

9. Q.

Must each shipment of imported fasteners be accompanied by a manufacturer's certificate of conformance, an original laboratory testing report, an other relevant lot identification information, or may one set of documents suffice for all the shipments from a particular lot?

A.

Section 7(b)(1) of the Act sets out the general rule for sale of fasteners of foreign origin as follows: ". . . it shall be unlawful (A) for any person to sell to any importer, and (B) for any importer to purchase, any shipment of fasteners which are manufactured outside the United States unless delivery of such shipment is accompanied by a manufacturer's certificate . . ., an original laboratory testing report . . ., and any other relevant lot identification information." [emphasis added]. Therefore, each shipment of fasteners must be accompanied by the required documents; sending one set of documents to cover more than one shipment from the same lot does not fulfill the requirements of the Act.

10. Q.

Certifying NAFTA

Under Section 7(b)(2)(A) of the Act, can NIST certify NAFTA so that fastener imports from Canada can be exempt from the requirement that delivery of fasteners to any importer must be accompanied by an original laboratory testing report under § 280.13(b) of the regulations?

A.

Under Section 7(b)(2)(A) of the Act, the requirement that the delivery of any shipment of fasteners to an importer be accompanied by an original laboratory testing report shall not apply in the case of fasteners imported into the United States "as products manufactured within a nation which is party to a congressionally-approved free trade agreement with the United States that is in effect, so long as the Secretary certifies that satisfactory arrangements have been reached by which purchasers within the United States can readily gain access to an original laboratory testing report for such fasteners." Section 280.13(b)(1) of the regulations requires that the Director of NIST publish this certification in the Federal Register.

NAFTA is a congressionally-approved free trade agreement between the United States, Canada, and Mexico. To certify NAFTA to allow fasteners to be imported from Canada under the exemption, the United States would have to enter into negotiations with Canada to develop "satisfactory arrangements" by which purchasers in the United States can readily gain access to original laboratory testing reports for such fasteners. Such negotiations could take a considerable length of time. Once an agreement was reached, the certification would have to be published in the Federal Register. Another issue with direct bearing on the certification is whether NAFTA contains a national treatment provision, requiring that all parties under the treaty be treated equally. If NAFTA contains such a provision, the United States would have to follow the same procedures for Mexico, as well.

Certification of NAFTA for purposes of the exemption is possible. However, if initiated, the process will take time. If such a certification is made, each shipment of imported fasteners still must be accompanied by a certificate of conformance and any other relevant lot identification information.

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1. Q.

An importer is importing fasteners for his own use. He has assumed responsibility for the testing. Must he test before he uses the fasteners?

A.

Sections 280.13 and 280.14 of the regulations state that it shall be unlawful for any person to sell to an importer or for any importer to purchase any shipment of fasteners manufactured outside the United States unless the fasteners are accompanied by, at the time of delivery, the test reports and manufacturer's certificates of conformance with respect to each lot from which the fastener was taken, and any other relevant lot identification information, unless the importer previously agreed in writing to be responsible for inspections and testing of the imported fasteners. In the example cited, the importer has assumed responsibility for the testing of the fasteners being imported and intends to use the fasteners for his own use. Even though the importer will be using the fasteners for his own use, the Act and regulations require that those fasteners be inspected and tested in accordance with the procedures set forth in the Act and regulations.

2. Q.

May an importer, who uses the fasteners he imports and does not resell them, assume responsibility for testing?

A.

Section 280.14 of the regulations provides the importer with the option to assume responsibility in writing for the inspection and testing of fasteners. So long as the importer complies with this Section, it makes no difference whether it uses the fasteners itself or sells them to others.

3. Q.

If importers and private label distributors assume the responsibility for testing, who will follow up to be sure the tests are done?

A.

Under Section 280.14 of the regulations, importers and private label distributors are held to the same requirements as manufacturers for assuring that tests are carried out in accordance with the Act and regulations. As part of its enforcement responsibilities under the Act, BXA may check to see if the required testing has been done.

4. Q.

Under the provisions of the Act, an importer is allowed to bring product into the country provided that a letter is submitted to the Secretary of Commerce. We would like to know exactly how NIST would like us to address the letter and what information is needed. We would like to bring fasteners into the country and test the product within our lab which would be accredited per NVLAP standards under the PL101-592 program. Could you provide us with some insight to how we can prepare for this:

-Who do we address this issue to and

-What do we do with constant shipments of product from certain manufacturers of various type products, lots, and size?

A.

Sections 280.13 and 290.14 of the regulations specify the requirements that must be met when an importer brings fasteners into the United States and assumes responsibility in writing for inspection and testing. The written assumption of responsibility for inspection and testing, however, is to the foreign manufacturer of the fasteners, not the Secretary of Commerce.

5. Q.

If importing steel, how do we get chemical certifications?

A.

The Act and regulations require that the chemistry of steel be inspected and tested either by having the raw material inspected and tested by an accredited laboratory or by having the finished fastener tested for chemistry by an accredited laboratory. The fastener manufacturer is responsible for assuring that all relevant tests are carried out in accordance with the standards and specifications to which the fasteners are held out to have been manufactured. In the case of steel being imported for use in fasteners within the United States, the fastener manufacturer may request the steel supplier to conduct such tests by having its laboratory accredited under the Act and regulations, or may have the tests carried out elsewhere by a laboratory accredited under the Act. However, nothing in the Act or regulations require steel manufacturers to seek accreditation of their laboratories.

6. Q.

Is there going to be a transition period for imports?

A.

No. Fasteners manufactured on or after the implementation date set forth in Section 280.12 of the regulations must meet the requirement of the Act and regulations if they are to be sold or imported into the U.S.

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1. Q.

If someone take my bolt, significantly alters it as defined under the Act and regulations, and removes my head mark, what are my requirements as the original manufacturer?

A.

As the original manufacturer of the fastener, you are responsible for assuring that product sold by your company meets the requirements of the Act and regulations. If someone down the line of commerce significantly alters your product, as in the example cited, they assume responsibility as "alteror" for complying with the alteration provisions of the Act and the regulations.

2. Q.

Can a significant alteror leave the old insignia marking on a fastener?

A.

Section 280.11(a) of the regulations requires alterors who significantly alter a fastener to apply their registered insignia to the fastener if the standards and specifications to which the fastener was originally manufactured require the fastener to bear a raised or depressed manufacturer's insignia. Section 280.11(b), which governs significant alterations by electroplating, does not require significant alterors to apply their insignia to the altered fasteners. Neither of these Sections, nor any other provision of the Act or regulations, prohibit leaving the original manufacturer's insignia on the fastener.

3. Q.

If you have a load indicating washer with a grade identification mark, do you need to also apply registered insignia to the washer?

A.

Section 280.700 of the regulations requires that a manufacturer's insignia appear on a fastener if it is manufactured to standards and specifications which require that a raised or depressed manufacturer's or private label distributor's insignia appear on the fastener. If the standards and specifications impose no such requirement, the Act and regulations do not impose one. The Department is aware of two ASTM standards, F959 and F959M, and one British standard, B7644, for load indicating washers that impose such a requirement.

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1. Q.

Normally, with in-line delivery, the customer checks which parts are delivered, puts them away, and never sees the box or lot number of the fasteners. How does he know what lot the fasteners come from if the bins are stocked with commingled fasteners?

A.

There is no requirement under the Act or regulations that the end-user maintain lot traceability. However, if a purchaser of fasteners requests, either at or prior to the time of sale, that the seller mark the container with the lot number from which the fasteners were taken, Section 280.16 of the regulations requires the seller to do so.

2. Q.

Do distributors have more restrictions under the Act regarding commingling?

A.

Section 280.4(b) of the regulations specifically provides that fastener distributors (other than private label distributors) and persons who purchase fasteners for sale at wholesale or retail may commingle fasteners from different lots in the same container. Section 280.4(a) prohibits manufacturers, importers, and private label distributors from commingling fasteners of the same type, grade, and dimension, except they may commingle such fasteners from not more than two tested and certified lots in the same container during repackaging and plating operations. In such a case, the container must be marked with the lot numbers of both lots.

3. Q.

It is a common practice to buy bar from mill or service centers, cut and thread, and use chemistry and physical mill certifications. Is this allowed?

A.

Section 280.15 of the regulations permits the fastener manufacturer to use the chemistry tests performed for the metal manufacturer if those tests were performed in an accredited laboratory and the fastener manufacturer can show that the fasteners were made from the coil or heat of metal to which the test report relates. Section 280.5 requires that the fastener manufacturer maintain an original laboratory test report. Section 280.2 defines "original laboratory testing report", for purposes of Section 280.15, to include an originally signed laboratory testing report or a copy certified by either the laboratory that conducted the test or the metal manufacturer. Thus, a fastener manufacturer must have either the original chemistry test report or a copy certified by the laboratory or the metal manufacturer to take advantage of this provision. A copy certified by an entity other than the laboratory or the metal manufacturer would not meet this requirement.

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1. Q.

What is a minor non-conformance?

A.

The fastener industry generally regards a minor non-conformance as a deviation from a particular fastener standard or specification which does not affect "form," "fit," or "function" of the fastener. The Act and regulations do not define "minor non-conformance." A greater discussion of minor non-conformance may be found at ASME/ANSI B18.18.2M, Inspection and Quality Assurance for High-Volume Machine Assembly Fasteners.

2. Q.

Minor non-conformances are not defined in the Act, what is a manufacturer required to do about any deviations from standards and specifications that, as a practical matter, won't affect the function of the lot?

A.

Section 5 of the Act and Section 280.5 of the regulations provide that covered fasteners cannot be offered for sale or sold unless they comply with the applicable provisions of the standards and specifications to which they have been manufactured. To the extent that such standards and specifications permit the sale of fasteners with minor non-conformance, the Act and regulations do not prohibit their sale.

3. Q.

Will customer agreements to accept non-conforming products be permissible under the FQA?

A.

Please see the answer to question number 2 above.

Q.

Some parts in a lot will inevitably be non-conforming even if the samples all conformed. Is it a violation of the Act if even one part in a lot is found to have failed to conform to the standards and specifications?

A.

Section 5 of the Act and Section 280.5 of the regulations prohibit the sale of covered fasteners unless they are a "part of a lot" which conforms to the standards and specifications to which the manufacturer represents it has been manufactured and which has been tested in an accredited laboratory. Neither the Act nor the regulations require the manufacturer to engage in testing beyond that required by the applicable standards and specifications. Many standards and specifications recognize the validity of statistical sampling as the basis for inspection and testing of fasteners. Conformance to standards and specifications is based upon inspection and testing of a valid statistical sampling of fasteners from a lot. It may be possible for a lot of fasteners to be found in conformance with applicable standards and specifications, based upon the testing of a valid statistical sample, and for there to be several non-conforming pieces in the lot. This would not be considered a violation of the Act and regulations.

4. Q.

Is it permissible under the Act for a customer to approve the shipment of fasteners to him without tests having been performed?

A.

A manufacturer who sold such a shipment would be violating the Act and regulations, unless the lot consists of 50 fasteners or less and the manufacturer complies with all of the provisions of Section 5(a) of the Act and Section 280.5(b) of the regulations. In addition, if the customer is an importer, the customer would be in violation of the Act and Section 280.13 of the regulations unless the customer has assumed responsibility in writing for the testing in accordance with Section 280.14 of the regulations.

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1. Q.

If raw material stock is 5 years old, do I have to retest?

A.

If you are going to use the raw material to manufacture fasteners covered under the Act on or after the implementation date of the Act, either the raw material must be tested for chemistry by a laboratory accredited under the Act or you must test the finished fasteners for chemistry in accordance with the applicable standards and specifications. Please see Section 280.12(b) for details.

2. Q.

What happens on the implementation date of the Act?

A.

The implementation date is the date on which the Act goes into effect. Covered fasteners manufactured on or after that date must be in compliance with the Act and regulations.

3. Q.

What is the "date of manufacture" of a fastener?

A.

Section 280.2 of the regulations defines the date of manufacture as that date upon which the initial conversion of material into a fastener takes place.

4. Q.

What happens to items [including raw material] imported before the Act is implemented?

A.

Fasteners, including imported fasteners, manufactured prior to the implementation date of the Act are not subject to the Act and regulations, unless they are manufactured according to either Section 280.12(d) or (e) of the regulations and held out as being FQA compliant. Raw material manufactured prior to the implementation date of the Act, which is used to manufacture covered fasteners after that date, and which has not been tested in an accredited laboratory, either has to be tested for chemistry by a laboratory accredited under the Act or the finished fasteners have to be tested for chemistry per applicable standards and specifications.

5. Q.

Do you need to specify grandfathered products as such?

A.

There is no requirement under the Act and regulations that grandfathered fasteners be identified as such.

6. Q.

The Office of Budget and Management worked with NIST to evaluate the regulations and the costs associated with it. Will there be a published cost analysis?

A.

There is a published regulatory impact analysis for the Act and regulations. A copy may be obtained from NIST by contacting Dr. Subhas Malghan at (301) 975-4510.

7. Q.

The FQA amendments were numerous and significant. Why was it determined these amendments didn't require a public comment period?

A.

The final regulations are the logical outgrowth of the proposed rule and the public comment process. A majority of the public comments received on the 1992 proposed rule suggested the need for particular amendments to the Act. The suggested amendments were enacted as part of Public Law 104-113. The regulations contain requirements implementing the Act, as amended, pursuant to specific public comments received regarding the 1992 proposed rule. Thus, NIST determined that it had the authority to issue the final regulations without the necessity for issuing another set of proposed regulations.

8. Q.

How do importers prove product was manufactured before May '97, but shipped after?

A.

Importers should have access to the lot numbers of the fasteners they are importing into the United States and should be able to obtain from the original manufacturer of the fasteners the date such fasteners were manufactured if they are requested to do so.

9. Q.

Can fasteners manufactured before the implementation date of the Act be sold after that date?

A.

Sections 15 of the Act and 280.12 of the regulations specify that fasteners manufactured before the implementation date of the law are not subject to the Act and regulations. Section 280.12 of the regulations makes clear that neither the Act nor the regulations prohibit selling fasteners made prior to the implementation date. However, Section 280.12(d) and (e) allow certain fasteners manufactured before the implementation date to be sold or offered for sale as complying with the Act and the regulations.

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1. Q.

It is stated in both the Act (Section 5(a)) and the final regulation (Section 280.5(a)), from which I quote, "No fastener shall be offered for sale or sold in commerce unless it is part of a lot which has been inspected, tested, and certified in accordance with Section 5 of the law and this part, and found to conform to the standards and specification to which the manufacturer represents it has been manufactured." Is it correct to conclude that this forbids our sales representatives from "offering to sell" any "fastener" which is not already manufactured, inspected, tested, and certified as stated, beginning on the implementation date of the FQA.?

A.

No. Section 5 of the Act and Section 280.5(a) of the regulations prohibit the sale of fasteners that do not meet the standards and specifications to which the manufacturer represents that it has been manufactured. Manufacturers are not prohibited by these provisions from entering into contracts which provide for delivery of fasteners at a future date, as long as those fasteners comply with the requirements of the Act and the regulations on the actual date of sale of the fasteners to the purchaser.

In addition, Section 280.12(d) of the April 14, 1998 final rule allows that fasteners manufactured on or after May 14, 1998, may be represented, sold, or offered for sale as complying with the Act and the regulations if they are tested and certified by a laboratory appearing on the Accredited Laboratory List, and meet all other requirements of the Act and the regulations.

2. Q.

How does the FQA address the exporting of fasteners?

A.

Section 5 of the Act and Section 280.5(a) of the regulations makes it unlawful to offer for sell or to sell in commerce fasteners covered under the Act and regulations without such fasteners being inspected, tested, and certified as conforming to the standards and specifications to which the manufacturer represents they have been manufactured.

3. Q.

What are the definitions of offered for sale and sold in commerce?

A.

Neither the Act nor the regulations define these terms. The Department interprets "offered for sale" to mean to make a specific product (in this case fasteners) available for purchase. Any fastener manufactured after the implementation date set forth in Section 280.12 can only be offered for sale if it has been inspected, tested, and certified as conforming to the standards and specifications to which the manufacturer represents it has been manufactured. Note that "offered for sale" in the context of the Act and regulations does not prohibit the contracting for delivery or sale at a future date, as long as the fasteners comply with requirements of the Act and regulations on the actual date of the sale. "Sold in commerce" means the actual sale of fasteners to a purchaser. A fastener would be sold in commerce when ownership of the fastener passes from the manufacturer to the purchaser.

4. Q.

Is it okay to quote a job before testing the product?

A.

Yes it is, provided that the inspecting, testing, and certification of fasteners is carried out before ownership of the fasteners is transferred to the purchaser.

5. Q.

There are concerns as a manufacturer I will have to be certified to do dimensional testing. Is this the case?

A.

Nothing in the Act or regulations requires you as a manufacturer to have your laboratory accredited to test fasteners. Section 5 of the Act requires a manufacturer to have covered fasteners inspected and tested in a laboratory which has been accredited to test fasteners. A manufacturer has the option of having its own laboratory accredited to perform such tests or using outside laboratories which have been accredited under the Act and regulations to test fasteners.

6. Q.

Must an end user or manufacturer provide to NIST or to anyone else a written notice that a fastener is held out as having been produced according to standards and specifications that do not incorporate or reference those of a consensus standards organization, and is therefore exempt from the FQA?

A.

There is no such requirement under the Act and regulations.

7. Q.

As a fastener manufacturer, do I have to use material from a mill that has an accredited laboratory?

A.

As a manufacturer you are responsible under the Act and regulations for assuring that your fasteners meet the applicable standards and specifications to which they were manufactured. This includes testing for chemistry as required by applicable standards and specifications. You have the option of either testing finished fasteners for chemistry or relying upon the raw material manufacturer for such testing. In all cases, tests must be carried out in laboratories accredited under the Act and regulations. Thus, if you are relying on the chemical tests performed by the raw material manufacturer, you would need to determine that either your raw material manufacturer's laboratory has been accredited under the Act and regulations or that the raw material manufacturer is having the testing performed by an accredited laboratory.

8. Q.

Do manufacturers have to have an accredited laboratory for all requirements?

A.

Manufacturers are free to choose if they wish to have their laboratory accredited or rely upon outside accredited laboratories. Similarly, if they choose to have their laboratories accredited, they are free to decide which tests they will seek to be accredited to perform.

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1. Q.

Some electroplating standards call for salt spray testing once a month. If I'm electroplating in accordance with those standards will the FQA require me to salt spray test every lot or will once per month suffice?

A.

Section 280.11(b) of the regulations require the alteror to test each lot of electroplated fasteners in accordance with the plating standards and specifications.

2. Q.

Honda's standards and specifications are their own. Testing to standard refers to their own standards and specifications. How does this fall under the FQA?

A.

Fasteners which are produced entirely to engineering drawings or to standards and specifications which do not incorporate or reference (directly or indirectly) standards and specifications of consensus standards organizations or government agencies are not subject to the Act and regulations.

3. Q.

Many specifications do not allow parts from bars. Can you substitute?

A.

If a standard or specification for a given fastener prohibits the use of bar stock or cut-from-bar manufacturing, that requirement must be met to be in compliance with the Act and regulations.

4. Q.

Must all fasteners have a headmark?

A.

No. You must head mark only those fasteners which are produced in accordance with standards or specifications which require head marking.

5. Q.

I have a question concerning the new Fastener Quality Act. If I manufacture heavy hex machine bolts to ASTM A490 and sell to a distributor am I responsible for these parts if they zinc plate them? According to the spec, ASTM A490, these parts cannot be plated. Also, before shipping I would have certified these parts to the ASTM spec. Once the distributor sells these to the end user who is ultimately responsible for these parts?

A.

In the example cited, the distributor has violated the requirements of the standard by having the parts plated. In such case, he is not fulfilling the requirements of the standard and specification and, thus, would be violating the Act and regulations if he holds these parts out as being manufactured in accordance with ASTM A490. In this instance, the manufacturer is responsible for ensuring that the lot was tested in an accredited laboratory. If a subsequent purchaser modifies the bolts so that they no longer meet the provisions of ASTM A490, the manufacturer is not responsible unless he was in some way involved with the modification.

6. Q.

Can a manufacturer deviate from specifications?

A.

If a manufacturer deviates from the standards and specifications for particular fasteners and then sells or offers to sell those fasteners in commerce representing that they have been manufactured according to the standards and specifications for those fasteners, the manufacturer would be in violation of the Act and Section 280.5 of the regulations.

7. Q.

What is the maximum lot size permitted under the Act? Is 250,000 pieces the maximum?

A.

The maximum size of a lot under the Act and regulations is the lot size stated in the standards and specifications you are following with respect to the manufacture, inspection, and testing of a particular fastener. If the standards and specifications you are following do not call out a sampling plan based upon lot size, you are required under Section 280.10 of the regulations to use one of the three ASME/ANSI B18.8 standards referenced there. For these particular standards the maximum lot size is 250,000 pieces.

Section 280.10(c) of the regulations states the sampling requirements for tests conducted in a Registered Facility, and not in a laboratory on the Accredited Laboratory List. If a manufacturer represents that the fasteners in a particular sample have been manufactured to a standard or specification which does not provide for the size, selection or integrity of the sample to be inspected and tested, the sample for inspections and tests by the Facility shall be determined by the sampling plan provided by its Fastener Quality Assurance System or by standards and specifications intended for use with a Fastener Quality Assurance System, as appropriate. Or, a manufacturer operating a Registered Facility may elect to conduct inspections and tests upon all of the fasteners within a specified lot, provided that this election is documented in the control plan of its Fastener Quality Assurance System.

8. Q.

How do I get copies of the latest version of standards?

A.

The latest versions of standards and specifications may be obtained directly from the standards organization or government agency that produced them.

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1. Q.

If a fastener doesn't perform due to failure etc., is the liability removed from the manufacturer if the product has been tested?

A.

Neither the Act nor the regulations provide any relief from liability for manufacturers who test their products in accordance with the Act. Section 11 of the Act provides that "nothing in this Act shall be construed to preempt the rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except to the extent that the provisions of this Act are in conflict with such State Law."

2. Q.

Will execution of BXA's job under FQA be based on complaints or audits?

A.

BXA will use all lawful investigative techniques in fulfilling its responsibilities under the Act.

3. Q.

If our specification references a specification for a grademark, but the grademark is not a recorded insignia, how does this fall under FQA?

A.

Do not confuse the requirements for recording the manufacturer's insignia which is governed by Section 8 of the Act and Section 280.700 of the regulations with the definition of "fastener" (Section 3(5) of the Act and Section 280.2 of the regulations) which include a screw, nut, bolt, or stud having internal or external threads which bears a grade identification marking required by a particular standard or specification. The standard or specification for a particular fastener will specify if a grade mark must appear on the fastener and if a manufacturer's insignia must appear on the fastener. The two are separate requirements under the Act and regulations.

4. Q.

Do final rules override proposed rules?

A.

Yes. The final regulations that were issued on September 26, 1996 and any subsequent amendments thereof replace the proposed regulations that were issued for public comment in August of 1992. Amendments to the regulations were issued on April 14, 1998.

5. Q.

How will answers to workshop question be communicated?

A.

The document containing questions and answers will be put up on the FQA Homepage operated by NIST on the Internet. It will be available at: http://www.nist.gov/fqa.

Also, future updates will be added to this document.