§ 5402. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5402]
TITLE 15--COMMERCE AND TRADE
CHAPTER 80--FASTENERS
Sec. 5402. Definitions
As used in this chapter, the term--
(1) ``accredited laboratory'' means a fastener testing facility
used to perform end-of-line testing required by a consensus standard
or standards to verify that a lot of fasteners conforms to the grade
identification marking called for in the consensus standard or
standards to which the lot of fasteners has been manufactured, and
which--
(A) meets the requirements of ISO/IEC Guide 25 (or another
document approved by the Director under section 5411a(c) of this
title), including revisions from time-to-time; and
(B) has been accredited by a laboratory accreditation body
that meets the requirements of ISO/IEC Guide 58 (or another
document approved by the Director under section 5411a(d) of this
title), including revisions from time-to-time;
(2) ``consensus standard'' means the provisions of a document
that describes fastener characteristics published by a consensus
standards organization or a Federal agency, and does not include a
proprietary standard;
(3) ``consensus standards organization'' means the American
Society for Testing and Materials, the American National Standards
Institute, the American Society of Mechanical Engineers, the Society
of Automotive Engineers, the International Organization for
Standardization, any other organization identified as a United
States consensus standards organization or a foreign and
international consensus standards organization in the Federal
Register at 61 Fed. Reg. 50582-83 (September 26, 1996), and any
successor organizations thereto;
(4) ``Director'' means the Director of the National Institute of
Standards and Technology;
(5) ``distributor'' means a person who purchases fasteners for
the purpose of reselling them at wholesale to unaffiliated persons
within the United States (an original equipment manufacturer and its
dealers shall be considered affiliated persons for purposes of this
chapter);
(6) ``fastener'' means a metallic screw, nut, bolt, or stud
having internal or external threads, with a nominal diameter of 6
millimeters or greater, in the case of such items described in
metric terms, or \1/4\ inch or greater, in the case of such items
described in terms of the English system of measurement, or a load-
indicating washer, that is through-hardened or represented as
meeting a consensus standard that calls for through-hardening, and
that is grade identification marked or represented as meeting a
consensus standard that requires grade identification marking,
except that such term does not include any screw, nut, bolt, stud,
or load-indicating washer that is--
(A) part of an assembly;
(B) a part that is ordered for use as a spare, substitute,
service, or replacement part, unless that part is in a package
containing more than 75 of any such part at the time of sale, or
a part that is contained in an assembly kit;
(C) produced and marked as ASTM A 307 Grade A, or a
successor standard thereto;
(D) produced in accordance with ASTM F 432, or a successor
standard thereto;
(E) specifically manufactured for use on an aircraft if the
quality and suitability of those fasteners for that use has been
approved--
(i) by the Federal Aviation Administration; or
(ii) by a foreign airworthiness authority as described
in part 21.29, 21.500, 21.502, or 21.617 of title 14 of the
Code of Federal Regulations;
(F) manufactured in accordance with a fastener quality
assurance system; or
(G) manufactured to a proprietary standard, whether or not
such proprietary standard directly or indirectly references a
consensus standard or any portion thereof;
(7) ``fastener quality assurance system'' means--
(A) a system that meets the requirements, including
revisions from time-to-time, of--
(i) International Organization for Standardization (ISO)
Standard 9000, 9001, 9002, or TS16949;
(ii) Quality System (QS) 9000 Standard;
(iii) Verband der Automobilindustrie e. V. (VDA) 6.1
Standard; or
(iv) Aerospace Basic Quality System Standard AS9000; or
(B) any fastener manufacturing system--
(i) that has as a stated goal the prevention of defects
through continuous improvement;
(ii) that seeks to attain the goal stated in clause (i)
by incorporating--
(I) advanced quality planning;
(II) monitoring and control of the manufacturing
process;
(III) product verification embodied in a
comprehensive written control plan for product and
process characteristics, and process controls (including
process influence factors and statistical process
control), tests, and measurement systems to be used in
production; and
(IV) the creation, maintenance, and retention of
electronic, photographic, or paper records required by
the control plan regarding the inspections, tests, and
measurements performed pursuant to the control plan; and
(iii) that--
(I) is subject to certification in accordance with
the requirements of ISO/IEC Guide 62 (or another
document approved by the Director under section 5411a(a)
of this title), including revisions from time-to-time,
by a third party who is accredited by an accreditation
body in accordance with the requirements of ISO/IEC
Guide 61 (or another document approved by the Director
under section 5411a(b) of this title), including
revisions from time-to-time; or
(II) undergoes regular or random evaluation and
assessment by the end user or end users of the screws,
nuts, bolts, studs, or load-indicating washers produced
under such fastener manufacturing system to ensure that
such system meets the requirements of clauses (i) and
(ii);
(8) ``grade identification marking'' means any grade-mark or
property class symbol appearing on a fastener purporting to indicate
that the lot of fasteners conforms to a specific consensus standard,
but such term does not include a manufacturer's insignia or part
number;
(9) ``importer'' means a distributor located within the United
States who contracts for the initial purchase of fasteners
manufactured outside the United States;
(10) ``lot'' means a quantity of fasteners of one part number
fabricated by the same production process from the same coil or heat
number of metal as provided by the metal manufacturer;
(11) ``manufacturer'' means a person who fabricates fasteners
for sale in commerce;
(12) ``proprietary standard'' means the provisions of a document
that describes characteristics of a screw, nut, bolt, stud, or load-
indicating washer and is issued by a person who--
(A) uses screws, nuts, bolts, studs, or load-indicating
washers in the manufacture, assembly, or servicing of its
products; and
(B) with respect to such screws, nuts, bolts, studs, or
washers, is a developer and issuer of descriptions that have
characteristics similar to consensus standards and that bear
such user's identification;
(13) ``record of conformance'' means a record or records for
each lot of fasteners sold or offered for sale that contains--
(A) the name and address of the manufacturer;
(B) a description of the type of fastener;
(C) the lot number;
(D) the nominal dimensions of the fastener (including
diameter and length of bolts or screws), thread form, and class
of fit;
(E) the consensus standard or specifications to which the
lot of fasteners has been manufactured, including the date,
number, revision, and other information sufficient to identify
the particular consensus standard or specifications being
referenced;
(F) the chemistry and grade of material;
(G) the coating material and characteristics and the
applicable consensus standard or specifications for such
coating; and
(H) the results or a summary of results of any tests
performed for the purpose of verifying that a lot of fasteners
conforms to its grade identification marking or to the grade
identification marking the lot of fasteners is represented to
meet;
(14) ``represent'' means to describe one or more of a fastener's
purported characteristics in a document or statement that is
transmitted to a purchaser through any medium;
(15) ``Secretary'' means the Secretary of Commerce;
(16) ``specifications'' means the required characteristics
identified in the contractual agreement with the manufacturer or to
which a fastener is otherwise produced, except that the term does
not include proprietary standards; and
(17) ``through-harden'' means heating above the transformation
temperature followed by quenching and tempering for the purpose of
achieving uniform hardness.
(Pub. L. 101-592, Sec. 3, Nov. 16, 1990, 104 Stat. 2944; Pub. L. 104-
113, Sec. 11(b), Mar. 7, 1996, 110 Stat. 780; Pub. L. 106-34, Sec. 3,
June 8, 1999, 113 Stat. 118.)
Amendments
1999--Pub. L. 106-34 amended section catchline and text generally,
restating certain definitions, adding new definitions, and striking out
definitions of ``alter'', ``container'', ``institute'', ``original
equipment manufacturer'', ``private label distributor'', and ``standards
and specifications''.
1996--Par. (1)(B). Pub. L. 104-113, Sec. 11(b)(1), struck out
``having a minimum tensile strength of 150,000 pounds per square inch''
after ``fasteners''.
Par. (2). Pub. L. 104-113, Sec. 11(b)(2), inserted ``consensus''
after ``or any other''.
Par. (5). Pub. L. 104-113, Sec. 11(b)(3), inserted ``or produced in
accordance with ASTM F 432'' after ``307 Grade A'' in closing
provisions, inserted ``or'' at end of subpar. (B), struck out ``or'' at
end of subpar. (C), and struck out subpar. (D) which read as follows:
``any item within a category added by the Secretary in accordance with
section 5403(b) of this title,''.
Par. (6). Pub. L. 104-113, Sec. 11(b)(4), substituted ``government
agency'' for ``other person''.
Par. (8). Pub. L. 104-113, Sec. 11(b)(5), substituted ``Standards''
for ``Standard''.
Pars. (11), (12). Pub. L. 104-113, Sec. 11(b)(6), redesignated pars.
(12) and (13) as (11) and (12), respectively, and struck out former par.
(11) which read as follows: `` `original equipment manufacturer' means a
person who uses fasteners in the manufacture or assembly of its products
and sells fasteners to authorized dealers as replacement or service
parts for its products;''.
Par. (13). Pub. L. 104-113, Sec. 11(b)(7), substituted ``or a
government agency'' for ``, a government agency, or a major end-user of
fasteners which defines or describes dimensional characteristics, limits
of size, acceptable materials, processing, functional behavior, plating,
baking, inspecting, testing, packaging, and required markings of any
fastener''.
Pub. L. 104-113, Sec. 11(b)(6), redesignated par. (14) as (13).
Former par. (13) redesignated (12).
Par. (14). Pub. L. 104-113, Sec. 11(b)(8), inserted ``for the
purpose of achieving a uniform hardness'' after ``quenching and
tempering''.
Pub. L. 104-113, Sec. 11(b)(6), redesignated par. (15) as (14).
Former par. (14) redesignated (13).
Par. (15). Pub. L. 104-113, Sec. 11(b)(6), redesignated par. (15) as
(14).
Comptroller General Report
Pub. L. 106-34, Sec. 12, June 8, 1999, 113 Stat. 125, provided that:
``Not later than 2 years after the date of the enactment of this Act
[June 8, 1999], the Comptroller General shall transmit to the Congress a
report describing any changes in industry practice resulting from or
apparently resulting from the enactment of section 3(6)(B) of the
Fastener Quality Act [15 U.S.C. Sec. 5402(6)(B)], as added by section 3
of this Act.''
Section Referred to in Other Sections
This section is referred to in section 5411a of this title.
