16 CFR § 1633.5 - Prototype pooling and confirmation testing requirements.

---
identifier: "/us/cfr/t16/s1633.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "16 CFR § 1633.5 - Prototype pooling and confirmation testing requirements."
title_number: 16
title_name: "Commercial Practices"
section_number: "1633.5"
section_name: "Prototype pooling and confirmation testing requirements."
chapter_name: "CONSUMER PRODUCT SAFETY COMMISSION"
subchapter_number: "D"
subchapter_name: "FLAMMABLE FABRICS ACT REGULATIONS"
part_number: "1633"
part_name: "STANDARD FOR THE FLAMMABILITY (OPEN FLAME) OF MATTRESS SETS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 1193, 1194"
regulatory_source: "71 FR 13498, Mar. 15, 2006, unless otherwise noted."
cfr_part: "1633"
---


# 1633.5 Prototype pooling and confirmation testing requirements.

(a) *Prototype pooling.* One or more manufacturers may rely on a qualified prototype produced by another manufacturer or prototype developer provided that:

(1) The prototype meets the requirements of § 1633.4;

(2) The mattress sets being produced are the same as the qualified prototype with respect to materials, components, design and methods of assembly; and

(3) The manufacturer producing mattress sets in reliance on a qualified prototype has performed a confirmation test on at least one (1) Specimen of the mattress set it produces in accordance with § 1633.7. The tested specimen must meet the criteria under § 1633.3(b) before any mattress sets based on the qualified prototype may be sold or introduced into commerce.

(b) *Confirmation test failure.* (1) If the confirmation test specimen fails to meet the criteria of § 1633.3(b), the manufacturer thereof shall not sell any mattress set based on the same qualified prototype until that manufacturer takes corrective measures, tests a new specimen, and the new specimen meets the criteria of § 1633.3(b).

(2) If a confirmation test specimen fails to meet the criteria of § 1633.3(b), the manufacturer thereof must notify the manufacturer of the prototype of the test failure.