[Federal Register Volume 73, Number 25 (Wednesday, February 6, 2008)]
[Rules and Regulations]
[Pages 6842-6843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2027]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1633


Final Rule: Standard for the Flammability (Open Flame) of 
Mattress Sets; Correction

AGENCY: Consumer Product Safety Commission.

ACTION: Correcting amendment.

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SUMMARY: The Consumer Product Safety Commission (``Commission'') is 
making corrections to the flammability standard for mattress sets that 
was published in the Federal Register of March 15, 2006, (71 FR 13472). 
The corrections rectify typographical errors, clarify technical aspects 
of running the flammability test required by the standard, and clarify 
that the certification statement on the mattress set label may appear 
in another language in addition to English.

DATES: The corrections become effective on February 6, 2008.

FOR FURTHER INFORMATION CONTACT: Heather Sonabend, Office of 
Compliance, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7615; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: On March 15, 2006, the Commission issued a 
final rule specifying a flammability standard to reduce deaths and 
injuries related to mattress fires. The standard contains requirements 
for a test procedure, recordkeeping and labeling. Other than the 
correction that allows translation of the certification statement, the 
corrections occur in section 1633.7, the provisions describing the 
technical details of running the flammability test. The changes are 
described below.
    In Sec.  1633.7(a)(4), the term ``bed frame'' is changed to ``test 
frame'' to clarify that this refers to the frame used in the test, not 
a regular bed frame. This change is made in other paragraphs as well. 
Language also is added to this section to clarify that the angle iron 
should be positioned to angle down rather than up.
    In Sec.  1633.7(a)(6), a new paragraph (v) is created to clarify 
that the second half of existing paragraph (iv) relates to the burner 
inlet line. The remaining subparagraphs are redesignated. A technical 
error in footnote 1 is corrected to provide the correct measurements 
for the plastic tubing attaching the metal arms to the gas control. In 
the paragraph on the flow control system, there was a technical error 
in the propane pressure value. 70 kPa should be 140 kPa, and 140kPa (20 
psig) should be 140  5 kPa (20  1 psig). These 
measurements and an erroneous reference to a figure 8 are corrected.
    In Sec.  1633.7(b)(1)(ii) the range used for the propane tank is 
corrected from 20  .5 psig to 20  1 psig.
    In Sec.  1633.7(d) concerning test preparation a typographical 
error is corrected to state that the horizontal air flow velocity 
adjacent to the test specimen shall be no more than 0.5 m/s. A few 
sentences in subparagraph (2) are changed to clarify placement of the 
mattress and foundation specimen on the test frame.
    In Sec.  1633.7(e) a reference is corrected to correspond to the 
appropriate redesignated paragraph in Sec.  1633.7(a)(6).
    In Sec.  1633.7(f) the sentence concerning the general layout for 
the room configuration is moved to the beginning of the paragraph to 
make the paragraph easier to follow.
    In Sec.  1633.7(h) an erroneous reference to figure 8 in 
subparagraph (1)(iv) is removed. Language is also added in that 
subparagraph to permit use of a platen that is another dimension than 
specified if it meets the requirements for a specific sample. In 
subparagraph (2)(i) rather than specifying an 8 inch length of duct 
tape to hold the platen in position, the language is changed to clarify 
that the duct tape be of sufficient length to assure that the platen 
stays firmly against the mattress surfaces. In subparagraph (2)(iv) 
language is added to clarify the use of flat stock to assure that the 
burner is parallel to the mattress surface. In subparagraph (2)(viii) 
the change clarifies that the stand off foot referred to is that of the 
vertical burner. The placement of footnote 9 is moved to the last 
sentence of this subparagraph for clarification.
    In Sec.  1633.7(i) the abbreviation ``ca.'' is changed to the word 
``approximately'' for clarification.
    In Sec.  1633.12 concerning labeling, paragraph (a)(6)(iii) is 
corrected to make that paragraph concerning mattresses intended to be 
sold both alone and with a foundation consistent with paragraph 
(a)(6)(ii) concerning mattresses intended to be sold with a foundation. 
Also in Sec.  1633.12, paragraph (d) is corrected to make clear that 
translation of the certification statement into another language on the 
reverse side of the required label is permitted.
    Because these are technical corrections rather than substantive 
changes, notice and comment is not necessary. See 5 U.S.C. 
553(b)(3)(B). The corrections clarify technical aspects of the 
flammability testing and labeling provisions. They do not change the 
substantive obligations of mattress manufacturers and importers. For 
the same reason, there is no need to delay the effective date for these 
corrections. Id. 553(d)(3).

List of Subjects in 16 CFR Part 1633

    Consumer protection, Flammable materials, Labeling, Mattresses and 
mattress pads, Records, Textiles, Warranties.

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Accordingly, 16 CFR part 1633 is corrected by making the following 
correcting amendment:

PART 1633--STANDARD FOR THE FLAMMABILITY (OPEN FLAME) OF MATTRESS 
SETS

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1. The authority for part 1633 continues to read as follows:

    Authority: 15 U.S.C. 1193, 1194.


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2. Section 1633.7 is amended as follows:
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a. In paragraph (a)(4)(i) at the end of the first sentence add the 
words ``with a flat surface and no edges extending up from the surface 
(i.e., the angle is configured down)''; in the second sentence remove 
the word ``bed'' and add the word ``test''.
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b. In paragraph (a)(4)(ii), second sentence, before the word ``frame'' 
add the word ``test''.
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c. In paragraph (a)(4)(iii) at the beginning and at the end of the 
first

[[Page 6843]]

sentence add the word ``test'' before the word ``frame''.
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d. Redesignate paragraphs (a)(6)(v) through (a)(6)(ix) as paragraphs 
(a)(6)(vi) through (a)(6)(x) respectively; redesignate the fourth 
through the last sentence of paragraph (a)6)(iv) as paragraph 
(a)(6)(v); and add the heading ``Burner inlet lines.'' to newly 
designated paragraph (a)(6)(v).
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e. In redesignated paragraph (a)(6)(vi) before the word ``Frame'' in 
the heading of the paragraph add the word ``Burner''.
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f. In redesignated paragraph (a)(6)(vii) in footnote 1 remove the 
phrase ``3 inch ID by inch OD'' and add in its place the phrase ``0.25 
inch ID by 0.4 inch OD''.
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g. In redesignated paragraph (a)(6)(ix), second sentence, remove the 
number ``70'' and in its place add ``140  5''; after the 
number ``20'' add `` 1''; after the word ``Figure'' remove 
the number ``8'' and add the number ``7'' in its place.
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h. In paragraph (b)(1)(ii), the last sentence, remove ``20  
.5'' and in its place add ``20  1''.
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i. In paragraph (d)(1), first sentence, before ``0.5 m/s'' add the 
words ``no more than''.
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j. In paragraph (d)(2), third sentence, remove the word ``bed'' and add 
in its place the word ``test''; remove the fourth sentence and add in 
its place ``Carefully center the foundation on top of the test frame to 
eliminate any gaps between the bottom periphery of the foundation and 
the inside edges of the test frame. If the mattress is to be tested 
alone, place it similarly. A mattress tested with its foundation should 
be centered longitudinally and laterally on the foundation.''.
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k. In paragraph (e) remove the number ``(ix)'' and add in its place the 
number ``(x)''.
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l. In paragraph (f) move the third sentence so that it becomes the 
first sentence of the paragraph.
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m. In paragraph (h)(1)(iv) add at the end of the first sentence the 
words ``or another dimension that meets the requirements for a specific 
sample''; remove the last sentence of the paragraph.
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n. In paragraph (h)(2)(i) remove the last sentence and add it in its 
place the words ``Use a sufficient length of duct tape (platen to 
mattress top) to assure that the platen stays firmly against the 
surfaces of the mattress.''.
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o. In paragraph (h)(2)(iv) remove the first sentence and add in its 
place the sentence ``Make the horizontal burner parallel to the top of 
the platen (within 3 mm (\1/8\ inch) over the burner tube length); when 
properly parallel, it should not be possible to insert the 3 mm flat 
stock under either burner end by bending the copper tube section 
appropriately.''.
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p. In paragraph (h)(2)(viii), first sentence, remove the word ``its'' 
and add in its place the words ``the vertical burner''; move the 
reference to footnote 9 to the end of the second to last sentence in 
the paragraph.
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q. In paragraph (i)(2)(i) in the second to last sentence remove the 
abbreviation ``ca.'' and add in its place the word ``approximately''.

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3. Section 1633.12 is amended as follows:
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a. In paragraph (a)(6)(iii) before ``; and'' add the sentence ``Such 
foundation(s) shall be clearly identified by a simple and distinct name 
and/or number on the mattress label''.
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b. In paragraph (d) after the word ``paragraphs'' remove the phrase 
``(a)(7)(i) and (a)(7)(ii), and (a)(7)(iii)'' and add in their place 
the phrase ``(a)(6)(i) through (iii) and (a)(7)(i) through (iii)''.

    Dated: January 30, 2008.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E8-2027 Filed 2-5-08; 8:45 am]
BILLING CODE 6355-01-P