Consumer product safety standard for covered gates

(a) Standard required (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, in accordance with section 553 of title 5, United States Code, a final consumer product safety standard for covered gates that includes the requirements described in paragraph (2). (2) Requirements described The requirements described in this paragraph for a covered gate are the following: (A) The covered gate meets the safety-related standards of ASTM F900–25, ASTM F1184–23e1, or ASTM F2200–24, as applicable to the relevant category of covered gate as of January 1, 2025, or any successor standard. (B) If the covered gate has an operator or similar system, the gate meets the safety-related standards of ANSI/CAN/UL 325 as of January 1, 2025, or any successor standard. (b) CPSC determination of scope In promulgating a consumer product safety standard under subsection (a), the Commission shall determine the types of covered gates that are subject to the standard and ensure that such covered gates are within the jurisdiction of the Commission. (c) Revision of voluntary standards (1) Notice to the commission If an organization revises a voluntary standard that has been adopted, in whole or in part, as a consumer product safety standard under this section, the organization shall notify the Commission of the revision. (2) Treatment of revision The revised voluntary standard shall be considered to be adopted by the Commission, effective on the date that is 180 days after the date on which the organization notifies the Commission of the revision (or such later date specified by the Commission in the Federal Register) unless, not later than 90 days after the date on which the organization notifies the Commission of the revision, the Commission notifies the organization that the Commission has determined that the revision does not improve the safety of the covered gates to which the standard applies and that the Commission is retaining the existing consumer product safety standard. Not later than 90 days before the date on which a revised voluntary standard is considered to be adopted by the Commission under this subsection, the Commission shall publish in the Federal Register notice that such revised voluntary standard will be considered to be so adopted on such date. (d) Future rulemaking At any time after the promulgation of a consumer product safety standard under subsection (a), the Commission may initiate a rulemaking, in accordance with section 553 of title 5, United States Code, to modify such standard, if the Commission determines that a modification would further reduce the risk of injury associated with covered gates. (e) Treatment of standards Any consumer product safety standard promulgated under subsection (a) (including any modification of such standard under subsection (c)) or revised voluntary standard considered to be adopted by the Commission under subsection (c) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).