Procedures for Implementation of the Fastener Quality Act

The National Institute of Standards and Technology (NIST) is today issuing a final rule to implement the Fastener Quality Act (the Act). The Act protects the public safety by: Requiring that certain fasteners which are sold in commerce conform to the specifications to which they are represented to be manufactured, providing for accreditation of laboratories engaged in fastener testing; and requiring inspection, testing and certification, in accordance with standardized methods, of fasteners covered by the Act. The Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology (NIST), is implementing the Act by establishing these procedures, under which: Laboratories in compliance with the Act may be listed; laboratories may apply to NIST for accreditation; private laboratory accreditation entities (bodies) may apply to NIST for approval to accredit laboratories; and foreign laboratories accredited by their governments or by organizations recognized by the NIST Director under section 6(a)(1)(C) of the Act can be deemed to satisfy the laboratory accreditation requirements of the Act. The regulation also establishes, within the Patent and Trademark Office (PTO), a recordation system to identify the manufacturers or distributors of covered fasteners to ensure that the fasteners may be traced to their manufacturers or private label distributors. In addition, the regulations contain provisions on enforcement, civil penalties, and hearing and appeal procedures.