[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1633.4]

[Page 737-738]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1633_STANDARD FOR THE FLAMMABILITY (OPEN FLAME) OF MATTRESS 
SETS--Table of Contents
 
                         Subpart A_The Standard
 
Sec.  1633.4  Prototype testing requirements.

    (a) Except as otherwise provided in paragraph (b) of this section, 
each manufacturer shall cause three specimens of each prototype to be 
tested according to Sec.  1633.7 and obtain passing test results 
according to Sec.  1633.3(b) before selling or introducing into commerce 
any mattress set based on that prototype, unless the manufacturer 
complies with the prototype pooling and confirmation testing 
requirements in Sec.  1633.5.
    (b) Notwithstanding the requirements of paragraph (a) of this 
section, a manufacturer may sell or introduce into commerce a mattress 
set that has not been tested according to Sec.  1633.7 if that mattress 
set differs from a qualified or confirmed prototype only with respect 
to:
    (1) Mattress/foundation length and width, not depth (e.g., twin, 
queen, king);
    (2) Ticking, unless the ticking of the qualified prototype has 
characteristics (such as chemical treatment or special fiber 
composition) designed to improve performance on the test prescribed in 
this part; and/or
    (3) Any component, material, design or method of assembly, so long 
as the manufacturer can demonstrate on an objectively reasonable basis 
that such differences will not cause the mattress set to exceed the test 
criteria specified in Sec.  1633.3(b).
    (c) All tests must be conducted on specimens that are no smaller 
than a twin size, unless the largest size mattress set produced is 
smaller than a twin size, in which case the largest size must be tested.
    (d)(1) If each of the three specimens meets both the criteria 
specified in Sec.  1633.3(b), the prototype shall be qualified. If any 
one (1) specimen fails to meet the test criteria of Sec.  1633.3(b), the 
prototype is not qualified.
    (2) Any manufacturer may produce a mattress set for sale in reliance 
on prototype tests performed before the effective date of this Standard, 
provided:
    (i) The manufacturer has documentation showing that such tests were 
conducted in accordance with all requirements of this section and Sec.  
1633.7 and

[[Page 738]]

yielded passing results according to the test criteria of Sec.  
1633.3(b);
    (ii) Any tests conducted more than 30 days after publication of this 
standard in the Federal Register must comply with the recordkeeping 
requirements in Sec.  1633.11;
    (iii) Such mattress sets may be used for prototype pooling only if 
the manufacturer complies with applicable recordkeeping requirements in 
Sec.  1633.11; and
    (iv) Such mattress sets may serve as the basis for a subordinate 
prototype only if the manufacturer has all records required by Sec.  
1633.11.