Imágenes de páginas



[blocks in formation]

280.100 Introduction. 280.101 Accredited laboratory list. 280.102 Procedures for inclusion in the ac

credited laboratory list. 280.103 Removal from the accredited labora

tory list. 280.104 Accreditation of certain manufac

turing facilities as laboratories.

Subpart G-Enforcement

Subpart C-NIST Fastener Laboratory

Accreditation Procedures

280.200 Introduction. 280.201 Applicability of part 285, title 15,

Code of Federal Regulations. 280.202 Establishment of the Program. 280.203 Adding to or modifying the Pro

gram. 280.204 NVLAP Program Handbook. 280.205 Applying for accreditation. 280.206 Assessing and evaluating a labora

tory. 280.207 Granting and renewing accredita

tion. 280.208 Denying, suspending, and revoking

accreditation. 280.209 Voluntary termination of accredita

tion. 280.210 Change in status of laboratory. 280.211 Authorized representative. 280.212 Approved signatory. 280.213 Application of accreditation condi

tions and criteria.

280.600 Scope.
280.601 Definitions used in this subpart.
280.602 Violations.
280.603 Penalties, remedies, and sanctions.
280.604 Administrative enforcement pro-

280.605 Institution of administrative en-

forcement proceedings. 280.606 Representation. 280.607 Filing and service of papers other

than charging letter. 280.608 Answer and demand for hearing. 280.609 Default. 280.610 Summary decision. 280.611 Discovery. 280.612 Subpoenas. 280.613 Matter protected against disclosure. 280.614 Prehearing conference. 280.615 Hearings. 280.616 Interlocutory review of rulings. 280.617 Proceeding without a hearing. 280.618 Procedural stipulations; extension of

280.619 Decision of the administrative law

280.620 Settlement.
280.621 Reopening.

[blocks in formation]

POST-RECORDAL MAINTENANCE 280.720 Maintenance of the certificate of

recordal. 280.721 Notification of changes of address. 280.722 Transfer or amendment of the cer

tificate of recordal. 280.723 Transfer or assignment of the trade

mark registration or recorded insignia. 280.724 Change in status of trademark reg

istration or amendment of the trade

mark. 280.725 Cumulative listing of recordal infor

mation. 280.726 Records and files of the Patent and

Trademark Office.


280.1100 Introduction. 280.1101 Scope.

Subpart Special Rule for the Accredita

tion of Certain Fastener Manufacturing Facilities, Whose Implemented Fastener Quality Assurance Systems Meet

Defined Requirements, as Laboratories 280.800 Introduction. 280.801 Application. 280.802 Review and decision process. 280.803 Criteria for recognition. 280.804 Maintaining recognized status. 280.805 Voluntary termination of recogni

tion. 280.806 Involuntary termination of recogni

tion by NIST. 280.807 Subcontracting. 280.808 Reports. 280.809 Recordkeeping. 280.810 Listing of recognized accreditors, ac

credited registrars, and registered facili

ties. 280.811 Removal from a list. 280.812 Appeal.

REQUIREMENTS FOR REGISTRARS 280.1110 Registrars 280.1111 Registrar personnel. 280.1112 Changes in the registration require

ments. 280.1113 Appeals, complaints and disputes.

REQUIREMENTS FOR REGISTRATION 280.1120 Application for registration. 280.1121 Preparation for assessment. 280.1122 Assessment. 280.1123 Assessment report. 280.1124 Decision on registration. 280.1125 Surveillance and reassessment pro

cedures. 280.1126 Use of certificates and logos. 280.1127 Access to records of complaints to

fastener manufacturers. AUTHORITY: 15 U.S.C. 5401 et seq.; Pub. L. 105–234, 112 Stat. 1536.

SOURCE: 61 FR 50558, Sept. 26, 1996, unless otherwise noted.

Subpart A-General

Subpart J-Recognition of Foreign Registrar

Accreditation Bodies

280.900 Introduction. 280.901 Recognition of foreign entities.

8 280.1 Purpose/description of rule.

The Fastener Quality Act (the Act) (Pub.L. 101-592, as amended by Pub. L. 104–113) is intended to protect the public safety, to deter the introduction of nonconforming fasteners into commerce, to improve the ability to trace fasteners covered by the Act, and generate greater assurance that fasteners meet stated specifications. The Act:

(a) Requires that certain fasteners which are sold in commerce conform to

Subpart K-Requirements for Registrar

Accreditation Bodies (Accreditors)

GENERAL 280.1000 Introduction.

the specifications to which they are represented to be manufactured,

(b) Provides for accreditation of laboratories engaged in fastener testing; and

(c) Requires inspection, testing and certification, in accordance with standardized methods, of fasteners covered by the Act.

(d) Delegations of authority. The Secretary of Commerce has delegated authority to the Director, National Institute of Standards and Technology to promulgate regulations in this part under sections 5 through 8 of the Fastener Quality Act (15 U.S.C. 5404-5407). In addition, the Secretary of Commerce has delegated concurrent authority to the Under Secretary for Export Administration to amend the regulations issued under sections 5 through 7 of the Act, regarding enforcement. The Secretary of Commerce has also delegated concurrent authority to amend the regulations issued under section 8 of the Act, regarding recordal of insignias, to the Assistant Secretary and Commissioner of Patents and Trademarks. [61 FR 50558, Sept. 26, 1996, as amended at 63 FR 18271, Apr. 14, 1998] $280.2 Definitions.

Unless the context requires otherwise or unless specifically stated the terms in this part have the meanings prescribed in the statute. In addition the following definitions apply.

Accreditation for purposes of the Act and this part means accreditation of a testing laboratory or the registration of a fastener manufacturing facility employing a quality assurance system (a Facility).

Accreditation body refers to the National Voluntary Laboratory Accreditation Program and those private entities currently approved by NIST under subpart D of this part and those foreign governments organizations currently recognized by NIST under subpart E of this part.

Accreditation criteria means a set of requirements used by an accreditation body which a laboratory must meet to be accredited.

Accredited registrar means a registrar, as defined in this part, that is accredited by a recognized accreditor and ap

pears on the Registrars List described in section 280.810(b).

Accreditor means a Registrar accreditation body that meets the requirements of subpart K of this part.

The Act means the Fastener Quality Act (Pub.L. 101-592, as amended by Pub.L. 104-113).

Alter means to alter by through hardening; by electroplating of fasteners; or by machining.

Alteror means a person who owns a fastener and causes it to be altered.

Approved signatory is an individual employed by a laboratory accredited under the Act and these regulations who is recognized by an accreditation body as competent to sign accredited laboratory test reports.

Authorized representative means an employee of an organization who is authorized by that organization to speak on its behalf for purposes of the Act and this part.

Bureau of Export Administration or (BXA) means the Bureau of Export Administration of the United States Department of Commerce, including the Office of Export Enforcement.

Certificate of accreditation is a document issued by an accreditation body to a laboratory that has met the criteria and conditions of accreditation. The certificate, together with the assigned code number, and scope of accreditation issued by the accreditation body may be used as proof of accredited status.

Certified copy (of a laboratory testing report) means 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.

Commingling means the mixing of fasteners from different lots in the same container.

Commissioner means the Commissioner of Patents and Trademarks.

Consensus standards organization means the American Society for Testing and Materials (ASTM), American National Standards Institute (ANSI),


American Society of Mechanical Engi- Fastener Quality Assurance System neers (ASME), Society of Automotive (QAS)–(1Fastener Quality Assurance Engineers (SAE), or any other con- System (QAS) means a fastener manusensus standards setting organization facturing system that has as a stated (domestic or foreign) publicly identi- goal the prevention of defects through fied by NIST as having comparable continuous improvement, and which knowledge, expertise, and concern for seeks to attain that goal by incorthe health and safety in the field for porating: which such organization purports to

(i) Advanced quality planning; set standards.

(ii) Monitoring and control of the Container means any package of fas

manufacturing process; teners traded in commerce.

(iii) Process inspection embodied in a Date of manufacture means that date

comprehensive and written control upon which the initial conversion of

plan for product/process characterismaterial into a fastener takes place.

tics, process controls (including statisDirector means the Director of the

tical process control), tests, and measNational Institute of Standards and

urement systems that will occur durTechnology (NIST).

ing mass production; and Facility means a fastener manufac

(iv) The creation, maintenance, and turing facility, or a facility performing

retention of electronic, photographic, subcontracted processes for a fastener

or paper records, available for inspecmanufacturing facility, implementing

tion during the periods required by seca fastener quality assurance system as

tion 10 of the Act and $280.7 of this defined in this part.

part, regarding the inspections, tests,

and measurements required by or perFastener means any screw, nut, bolt

formed pursuant to the control plan. or stud, washer or other item included within the definition for fastener con

(2) A Fastener Quality Assurance

System contains the following eletained in section 3(5) of the Fastener

ments at a minimum: Quality Act. The term "fastener” does

(i) A documented quality managenot include a screw, nut, bolt, or stud:

ment system that satisfies the require(1) That is produced and marked as

ments of ISO-9001 “Quality Systems ASTM A307 Grade A;

Model for quality assurance in design, (2) That is produced in accordance

development, production, installation with ASTM F432; or

and servicing,” ISO-9002 “Quality Sys(3) That is held out as being produced tems-Model for quality assurance in to other than the provisions of stand

production, installation and servards and specifications published by a icing,” or other quality system standconsensus standards organization, or a ards that incorporate ISO-9001 or ISO government agency.

9002 (e.g. QS-9000, AS-9000, etc.); A screw, nut, bolt, stud or washer (ii) A requirement that raw material held out as being produced according to certification supplied to the fastener requirements of a document other than manufacturer shall be traceable to that a document published by a consensus of a mill heat of material that has been standards organization is a fastener tested by a laboratory on the Accredwithin the meaning of the Act and this ited Laboratory List; part if that document incorporates or (iii) A requirement that subconreferences (directly indirectly) tracted processes, including plating standards and specifications published and heat treating, are controlled by by a consensus standards organization the manufacturer, to avoid product lot or government agency for purposes of contamination, and that finished lots delineating performance or materials of fasteners shall be traceable to subcharacteristics of the fastener.

contracted processes performed by a Fastener insignia register means the registered Facility on the Facilities register established at the U.S. Patent List described in $280.810 or tested by a and Trademark Office for the recordal Laboratory on the Laboratories List of fastener insignia to identify the described in 8280.101; manufacturer or private label dis- (iv) A requirement that the fastener tributor.

manufacturer fully document fastener


« AnteriorContinuar »