[Federal Register Volume 91, Number 120 (Wednesday, June 24, 2026)]
[Proposed Rules]
[Pages 38162-38227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12749]
[[Page 38161]]
Vol. 91
Wednesday,
No. 120
June 24, 2026
Part IV
Consumer Product Safety Commission
-----------------------------------------------------------------------
16 CFR Parts 1112 and 1265
Safety Standard for Lithium-Ion Batteries Used in Micromobility
Products and Electrical Systems of Micromobility Products Containing
Such Batteries; Proposed Rule
Federal Register / Vol. 91, No. 120 / Wednesday, June 24, 2026 /
Proposed Rules
[[Page 38162]]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112 and 1265
[CPSC Docket No. CPSC-2025-0012]
RIN 3041-AE10
Safety Standard for Lithium-Ion Batteries Used in Micromobility
Products and Electrical Systems of Micromobility Products Containing
Such Batteries
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Consumer Product Safety Commission (CPSC) issues this
notice of proposed rulemaking (NPR) to address the unreasonable risk of
death and injury associated with lithium-ion batteries used in
micromobility products due to hazards such as thermal runaway of
lithium cells, which can lead to fires, explosions, gas releases,
burns, overheating, and smoke inhalation. The NPR proposes that
electrical systems using lithium-ion batteries in micromobility
products comply with applicable voluntary standards, with
modifications. Because some micromobility products are children's
products requiring third party testing, the NPR also proposes to add
this rule to the list of rules that require such testing.
DATES: Deadline for Written Comments: Written comments on the NPR or
the Paperwork Reduction Act (PRA) must be received by August 24, 2026.
Deadline for Request to Present Oral Comments: Any person
interested in making an oral presentation must send an email indicating
this intent to the Office of the Secretary at [email protected] by July
24, 2026.
ADDRESSES: Submit comments, identified by Docket No. CPSC-2025-0012, by
any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by email, except through www.regulations.gov. CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal, as described above.
Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit
comments by mail, hand delivery, or courier to: Office of the
Secretary, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; (301) 504-7479. If you wish to submit confidential
business information, trade secret information, or other sensitive or
protected information that you do not want to be available to the
public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: [email protected].
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to https://www.regulations.gov. Do not submit
through this website: Confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents, a
plain language summary of the proposed rule, or comments received, go
to: https://www.regulations.gov, and insert the docket number, CPSC-
2025-0012, into the ``Search'' box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT: Jay Kadiwala, Project Manager,
Electrical Engineer, Office of Risk Reduction, Consumer Product Safety
Commission, National Product Testing and Evaluation Center, 5 Research
Place, Rockville, MD 20850; telephone: (301) 987-2517;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The increasing use of micromobility products powered from multi-
cell lithium-ion rechargeable batteries is a growing safety concern
because of the potential for deadly smoke and fires that can spread
beyond the product. For the purposes of this NPR, a ``micromobility
product'' includes the following lithium-ion battery-powered vehicles,
where ``e'' represents ``electric'': eBikes, eScooters,\1\ self-
balancing scooters (such as Hoverboards; eSBscooters), eSkateboards,
eUnicycles, and hybrids of these micromobility products within CPSC's
jurisdiction.
---------------------------------------------------------------------------
\1\ Includes both stand-up and seated eScooters.
---------------------------------------------------------------------------
As explained in detail in section III of this preamble, over a
five-year period from 2019 through 2023, CPSC is aware of 227 unique
incidents--involving fires, explosions, gas releases, burns,
overheating, and smoke inhalation--that potentially could have been
prevented by this proposed rule; 90 incidents are associated with 39
fatalities and 181 injuries, and 39 out of the 227 incidents involved
multiple deaths and injuries. Thus, consumers of micromobility products
may be exposed to risks of injury or death from these products.
Consequently, the Commission is issuing this NPR to address the
unreasonable risk of death and injury associated with lithium-ion
batteries used in micromobility products and their electrical systems.
A. Overview of the Proposed Rule
In this NPR,\2\ the Commission proposes to regulate lithium-ion
batteries used in micromobility products and the electrical systems of
micromobility products containing such batteries, including all
components that make up an electrical system, such as lithium-ion
batteries, battery management systems (BMS), chargers, and any other
electrical component addressed in the applicable voluntary standard,
collectively, ``micromobility electrical systems.'' In addition to
original equipment manufacturer (OEM) lithium-ion batteries sold with a
micromobility product, the NPR proposes to regulate lithium-ion
batteries for use in micromobility products but sold separately from
the micromobility product (termed ``user replaceable battery packs''),
including components sold in eBike electrical system conversion kits.
---------------------------------------------------------------------------
\2\ This NPR is based on the information and analysis contained
in this NPR and in the January 8, 2025, Staff Briefing Memorandum:
Draft Proposed Rule to Establish a Safety Standard for Lithium-Ion
Batteries Used in Micromobility Products and Electrical Systems of
Micromobility Products Containing Such Batteries (Staff's NPR
Briefing Memo); available at: https://www.cpsc.gov/s3fs-public/Decisional-Package-Draft-Proposed-Rule-to-Establish-a-Safety-Standard-for-Lithium-Ion-Batteries-and-Micromobility-Products.pdf?VersionId=Ob0VAPOfK5iRbXyKJ8SxqwR9SXLkxOnS. On March
26, 2025, CPSC staff sent corrections to the draft proposed rule to
the Commission, available at: https://www.cpsc.gov/s3fs-public/Package-Corrections-to-Draft-Proposed-Rule-to-Establish-a-Safety-Standard-for-Lithium-Ion-Batteries.pdf?VersionId=fhpnWvJVNIRL1dMRP3ByUYel0xPJf_kH.
---------------------------------------------------------------------------
Based on the incident data and analysis presented in this NPR, the
Commission preliminarily determines that micromobility electrical
systems, user replaceable battery packs sold separately from a
micromobility product, aftermarket battery chargers sold separately
from a micromobility product, and components for eBike conversion kits,
present an unreasonable risk of injury and death to consumers from
electric shock, fires, explosions, expulsion of gas or flames, burns,
overheating, and smoke inhalation (collectively the ``associated
[[Page 38163]]
hazards'') if they are not compliant with the requirements of this NPR.
Particularly, hazards associated with ``thermal runaway,'' which is a
self-sustaining internal cell chemical reaction that results in the
rapid generation of heat that ignites the flammable electrolyte, can
lead to serious injury and death. Thermal runaway occurs when burning
hot gases create pressure that can cause flaming materials and gases to
be ejected from the cell casing, resulting in an explosion and/or fire.
The intense fire can in turn induce thermal runaway in adjacent cells
and ignite combustible materials near the battery.
Additionally, the products within the scope of this proposed rule
may present a risk of electric shock where voltages are at or greater
than 42.4 peak VAC (volts alternating current) or 60 VDC (volts direct
current). CPSC staff have not identified electric shock incidents
involving micromobility products. However, at this time, the majority
of micromobility product batteries are rated below 60 VDC and do not
present a shock hazard from the battery. As micromobility products
become more powerful and extend the range of operation, battery packs
may exceed 60 VDC and can present a shock hazard that could result in
serious injury or death. Further, chargers (both external and those
integrated into the micromobility product) are powered from 120 VAC
utility power and can present a shock hazard that could result in
serious injury or death.
To address the unreasonable risks of injury associated with
lithium-ion batteries used in micromobility products and their
electrical systems, the NPR proposes that each product within the scope
of the rule meet the performance requirements in the applicable
voluntary standard, with modifications as described in sections IV and
V of this preamble:
ANSI/CAN/UL 2849:2020, Standard for Safety for Electrical
Systems for eBikes (UL 2849-20) (eBikes);
ANSI/CAN/UL 2272:2024, Standard for Safety for Electrical
Systems for Personal E-Mobility Devices (UL 2272-24) (eScooters,
eSBscooters, eSkateboards, eUnicycles, and hybrid products,
collectively ``other micromobility products,'' or ``personal eMobility
products'' (OMPs)); and
ANSI/CAN/UL/ULC 2271:2023, Standard for Safety for
Batteries for Use in Light Electric Vehicle (LEV) Applications (UL
2271-23) (user replaceable battery packs).
Section IV of this preamble evaluates performance and labeling
requirements in the voluntary standards and their ability to eliminate
or adequately reduce the hazards associated with lithium-ion batteries
and micromobility product electrical systems. CPSC's analysis finds
that, overall, the performance requirements in UL 2849-20, UL 2272-24,
and UL 2271-23 are inadequate to eliminate or adequately reduce the
unreasonable risks of injury, because the performance requirements do
not address all identified hazards associated with lithium-ion
batteries and micromobility product electrical systems. Accordingly,
the NPR proposes the following modifications to performance
requirements to adequately reduce the associated hazards, including:
Adding to UL 2849-20 and UL 2271-23 tamper-resistant
battery enclosure requirements from UL 2272-24 to reduce the risk of
injury associated with consumers accessing the battery pack;
Adding to UL 2849-20 and UL 2271-23 post-discharge charge
test requirements from UL 2272-24 to reduce the risk of injury by
ensuring that the BMS prohibits charging the battery if the cell
surface temperature exceeds the specified upper limit;
Adding to UL 2849-20, UL 2272-24, and UL 2271-23, a
reverse polarity test to reduce the risk of injury by preventing damage
to the battery pack due to use of an incompatible charger.
The NPR also proposes that labeling requirements be revised in each of
the three voluntary standards, UL 2849-20, UL 2271-23, and UL 2272-24,
for all products within the scope of the rule, to adequately reduce the
risk of injury associated with foreseeable consumer use and misuse of
lithium-ion batteries and micromobility electrical systems by improving
safety messaging addressing electric shock and thermal runaway, and
additional identified hazard patterns such as homemade batteries and
unsafe battery charging.
As discussed in section IV of this preamble, micromobility products
as a whole do not substantially comply with the applicable voluntary
standards. Accordingly, the NPR proposes that products within the scope
of the rule meet the requirements in applicable voluntary standards, as
they are proposed to be modified.
B. Background and Statutory Authority
The Commission proposes this NPR under sections 7 and 9 of the
Consumer Product Safety Act (CPSA). 15 U.S.C. 2056 and 2058. Section
7(b)(1) of the CPSA requires the Commission to rely on a voluntary
standard, rather than promulgate a mandatory standard, when product
compliance with the voluntary standard would eliminate or adequately
reduce the risk of injury associated with a product, and it is likely
that products are in substantial compliance with the voluntary
standard. 15 U.S.C. 2056(b)(1). As explained in section IV of this
preamble, the Commission preliminarily determines that the applicable
voluntary standards are inadequate to fully address the risks of injury
from associated hazards, including thermal runaway, for products within
the scope of the rule, and that overall, micromobility products do not
substantially comply with the applicable voluntary standards.
Section 9 of the CPSA specifies the procedure the Commission must
follow to issue a consumer product safety standard under section 7 of
the CPSA. Section 9 authorizes the Commission to issue an NPR, which
includes a proposed rule and a preliminary regulatory analysis, in
accordance with section 9(c) of the CPSA. 15 U.S.C. 2058(c). We request
comments from the public regarding the associated hazard patterns and
risks of injury identified by the Commission in section III of this
preamble, the regulatory alternatives being considered, and other
possible alternatives for addressing the risks discussed in sections
III and VI of this preamble. By statute, the preliminary regulatory
analysis must include:
a preliminary description of the potential benefits and
potential costs of the proposed rule, including any benefits or costs
that cannot be quantified in monetary terms, and an identification of
those likely to receive the benefits and bear the costs;
a discussion of applicable voluntary standards;
a description of any reasonable alternatives to the
proposed rule, together with a summary description of their potential
costs and benefits, and a brief explanation of why such alternatives
should not be published as a proposed rule.
Id. Tab A of Staff's January 8, 2025, NPR Briefing Memo and section VI
of this preamble provide the required preliminary regulatory analysis
for a mandatory standard.
After issuing an NPR, the Commission will consider the comments
received in response to the NPR and decide whether to issue a final
rule, along with a final regulatory analysis. 15 U.S.C. 2058(c)-(f). If
requested by commenters, the Commission also will provide an
opportunity for interested persons to make oral presentations of data,
views, or arguments, in accordance with section 9(d)(2) of the CPSA. 15
U.S.C. 2058(d)(2).
[[Page 38164]]
According to section 9(f)(1) of the CPSA, before promulgating a
consumer product safety rule, the Commission must consider, and make
appropriate findings to be included in the rule, on the following
issues:
The degree and nature of the risk of injury that the rule
is designed to eliminate or reduce;
The approximate number of consumer products subject to the
rule;
The need of the public for the products subject to the
rule and the probable effect the rule will have on utility, cost, or
availability of such products; and
The means to achieve the objective of the rule while
minimizing adverse effects on competition, manufacturing, and
commercial practices.
15 U.S.C. 2058(f)(1). At the NPR stage, the Commission is making these
findings preliminarily to allow the public to comment on the findings.
Appendix A to the proposed regulation text contains the Commission's
proposed findings.
Under section 9(f)(3) of the CPSA, to issue a final rule, the
Commission must find that the rule is ``reasonably necessary to
eliminate or reduce an unreasonable risk of injury associated with such
product'' and that issuing the rule is in the public interest. 15
U.S.C. 2058(f)(3)(A)-(B). Additionally, if a voluntary standard
addressing the risk of injury has been adopted and implemented, the
Commission must find that:
The voluntary standard is not likely to eliminate or
adequately reduce the risk of injury, or
Substantial compliance with the voluntary standard is
unlikely.
15 U.S.C. 2058(f)(3)(D). The Commission also must find that the
expected benefits of the rule bear a reasonable relationship to its
costs and that the rule imposes the least burdensome requirements that
would adequately reduce the risk of injury. 15 U.S.C. 2058(f)(3)(E)-
(F). As set forth in section XIV of this preamble, the Commission at
this time makes preliminary findings on these requirements.
C. CPSC's Jurisdiction Over Micromobility Products
Under the CPSA, CPSC has jurisdiction over ``consumer products,''
which includes their component parts. 15 U.S.C. 2052(a)(5). The
definition of a ``consumer product'' under the CPSA excludes medical
devices under the Federal Food and Drug Administration's (FDA)
jurisdiction; articles which are not customarily produced or
distributed for sale to, or use or consumption by, or enjoyment of, a
consumer; products where a risk of injury could be eliminated or
reduced to a sufficient extent by actions taken under the Occupational
Health and Safety Act; and ``motor vehicles'' and ``motor vehicle
equipment'' as defined in the National Traffic and Motor Vehicle Safety
Act of 1966. 15 U.S.C. 2052(a)(5)(A) and (C), 2080(a); 49 U.S.C. 30102.
A ``motor vehicle'' is ``a vehicle driven or drawn by mechanical power
and manufactured primarily for use on public streets, roads, and
highways, but does not include a vehicle operated only on a rail
line.'' 49 U.S.C. 30102. Accordingly, CPSC has jurisdiction over any
micromobility product that is not a ``motor vehicle'' under the
jurisdiction of the National Highway Traffic Safety Administration
(NHTSA). CPSC's jurisdiction includes commercially owned micromobility
products that are used by consumers, for instance in rental fleets. See
47 U.S.C. 2052(a)(5) (defining ``consumer product'' to include products
``produced or distributed . . . for the personal use, consumption or
enjoyment of a consumer in or around a permanent or temporary household
or residence, a school, in recreation, or otherwise'').
Thus, CPSC has jurisdiction over products such as racing bikes,
dirt bikes, all-terrain vehicles (ATVs), scooters, bikes, and
skateboards.\3\ In contrast to these products, motor vehicles intended
for on-road use generally have features such as a Vehicle
Identification Number (VIN), as well as other on-road capabilities
which may include head lights, taillights, brake lights, and side
mirrors.\4\ When jurisdictional issues arise, CPSC staff discuss
specific products with NHTSA staff.
---------------------------------------------------------------------------
\3\ Congress specifically stated CPSC's jurisdiction over low-
speed bicycles, which is implemented in CPSC's bicycle regulations.
15 U.S.C. 2085; 16 CFR 1512.2(a)(2). In addition, pedal-assisted
eBikes that are not capable of continued self-propulsion fall within
CPSC's jurisdiction. See, for example, NHTSA's guidance at: https://www.nhtsa.gov/interpretations/07-001825as.
\4\ See https://www.nhtsa.gov/importing-vehicle/importation-and-certification-faqs-0.
---------------------------------------------------------------------------
II. Micromobility Products Within the Scope of the Rule
A. Description of Micromobility Products
The Commission proposes to regulate lithium-ion batteries used in
micromobility products and the electrical systems of micromobility
products containing such batteries, including six types of
micromobility products: eBikes, eScooters, eSBscooters, eSkateboards,
eUnicycles, and hybrids of these products. Figure 1 shows examples of
these micromobility products.
[[Page 38165]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.013
Generally, micromobility products are marketed, intended, and
designed for recreational off-road use and for transportation in urban
and suburban areas, typically for short distances. Micromobility
products rely on one or more wheels driven by electric motors that
receive electrical power from a rechargeable lithium-ion battery, via a
motor control circuit, to start and stop the product and control its
speed. The type of micromobility product dictates how a user rides and
controls the product. This NPR proposes to address electrical hazards
associated with all micromobility products subject to UL 2849-20 and UL
2272-24, as defined in the standards, but excludes products that are
not within CPSC's jurisdiction.\5\ This NPR also includes user
replaceable battery packs subject to UL 2271-23, which are sold
separately for use in micromobility products within the scope of this
proposed rule.
---------------------------------------------------------------------------
\5\ Lithium battery-powered motive products that are not
micromobility products are excluded from the scope of this proposed
rule including children's battery-powered ride-on toys (defined in
16 CFR part 1250), ATVs (defined in 16 CFR part 1420), Recreational
Off-Highway Vehicles (defined in ANSI/ROHVA 1-2023), Multipurpose
Off-Highway Utility Vehicles (defined in ANSI/OPEI B71.9-2022), and
Golf Cars (defined in ANSI/ILTVA Z130.1).
---------------------------------------------------------------------------
UL 2849-20 addresses electrical hazards associated with eBikes. All
other micromobility products covered by this NPR, including eScooters,
eSBscooters, eSkateboards, eUnicycles, and hybrids of these products
(collectively, OMPs or personal eMobility products), are defined in
section 6.25 of UL 2272-24 as a ``Personal E-Mobility Device- [a]
consumer mobility device intended for a single rider with a
rechargeable
[[Page 38166]]
electric drive train that balances and propels the rider, and which may
be provided with a handle for grasping while riding, but excludes
motorized wheelchairs including mobility scooters for medical purposes.
This device may or may not be self-balancing.'' This section describes
products within the scope of this NPR.\6\
---------------------------------------------------------------------------
\6\ For more information on the generic physical design of
micromobility products and common differentiating features, see
Society of Automotive Engineers International (SAE) J3194, Taxonomy
& Classification of Powered Micromobility Vehicles (SAE J3194).
---------------------------------------------------------------------------
eBikes--Section 5.4 of UL 2849-20 defines an ``eBike'' as ``[a] two
or three wheeled electrical/mechanical device provided with functional
pedals that includes one or more electric motors to either assist the
rider when pedaling (in Electrically Power Assisted Cycle (EPAC)
versions) or provide motive power to the wheels when the rider is not
pedaling.'' \7\ As shown in Figure 1, most eBikes have two wheels with
tubed rubber tires that are inline, a seat for a rider, and handlebars
for steering the front wheel while power is applied to the rear tire.
When the rider pedals an EPAC eBike, a charged onboard battery pack
supplies electrical power to a motor that ``assists'' the rider by
reducing the mechanical energy required from the rider to apply a given
force to the drivetrain. In this product, the battery pack is generally
user replaceable, meaning that it can be removed from the eBike for
charging. When the electrical system is not engaged, an EPAC eBike
functions as a traditional non-powered bicycle.\8\
---------------------------------------------------------------------------
\7\ Bicycles are subject to an existing product safety
regulation, 16 CFR part 1512. In March 2024, the Commission issued
an advance notice of proposed rulemaking for mechanical hazards
related to eBikes. 89 FR 18861 (Mar. 15, 2024).
\8\ Traditional bicycles, as well as some eBikes, are subject to
the mechanical requirements set forth in 16 CFR part 1512. The scope
of part 1512 includes: (a) two-wheeled bikes whose rear drive wheel
is solely human-powered, and (b) two- or three-wheeled bikes with
operable pedals, an electric motor of less than 750 watts, and a
powered maximum speed on a paved level surface less than 20 miles
per hour (mph) when being ridden by a person weighing 170 pounds. 16
CFR 1512.2(a). All lithium-powered eBikes that fall within the scope
of Sec. 1512.2(a)(2) are also included within the scope of this
NPR, because part 1512 regulates mechanical hazards and this NPR
proposes to regulate electrical hazards associated with such eBikes.
This rule also includes eBikes that exceed the wattage, speed, and
weight limits set forth in Sec. 1512.2(a)(2), as long as the
product is not a motor vehicle or otherwise outside the Commission's
jurisdiction.
---------------------------------------------------------------------------
eScooters--UL 2272-24 addresses electrical hazards associated with
eScooters. As shown in Figure 1, stand-up eScooters have two inline
wheels with a long flat platform between the wheels where the rider
places their feet. The rider places one foot in front of the other and
is generally in a standing position with their hands on the handlebars
to steer the front wheel. A sit-down eScooter looks much like a bicycle
but does not have functional pedals. An eScooter battery pack can be
either integral to the product or user replaceable. Riders generally
control an eScooter's speed using a hand-controlled throttle, and
eScooter braking can be actuated either electrically or manually.
eSBscooters--UL 2272-24 addresses electrical hazards associated
with eSBscooters. As shown in Figure 1, eSBscooters are battery-powered
scooters having two foot pads that are side-by-side with one driven
wheel on each side of each foot pad. Battery packs are typically
integral to eSBscooters but may be user replaceable. The rider
generally controls the scooter by slight tilting of one or both feet or
shifting their body weight to angle one or both footpads slightly
downward to propel the scooter; eSBscooters generally do not have a
handlebar or use hand controls to steer the scooter. Accordingly,
eSBscooters require the rider to have the ability to balance on the
scooter to effectively steer and operate the product.
eSkateboards--UL 2272-24 addresses electrical hazards associated
with battery-powered skateboards. eSkateboards are like traditional
non-powered skateboards, except they have a motor powered by a lithium-
ion battery pack mounted underneath the foot platform. Riders typically
operate eSkateboards using a remote control, but some eSkateboards
operate using only body weight, by leaning to one side of the
eSkateboard to control both direction and speed. eSkateboards do not
have a handlebar.
eUnicycles--UL 2272-24 addresses electrical hazards associated with
eUnicycles, shown in Figure 1. eUnicycles, generally powered by one or
two lithium-ion battery packs, have one wheel that sits between the
rider's feet. To ride, the user stands on two foldable metal flaps on
opposite sides of the wheel. The rider causes an eUnicycle to move by
leaning forward slightly on the product to propel forward motion.
Hybrid micromobility products--Hybrid micromobility products that
fall within the scope of UL 2272, and are not excluded from CPSC's
jurisdiction, are within the scope of this NPR. UL 2272-24 addresses
electrical hazards associated with micromobility products that are a
hybrid design and do not fit squarely within the product descriptions
for eScooter, eSBscooter, eSkateboard, and eUnicycle. Examples of
hybrid micromobility products within the scope of the NPR include
eSBscooters with handlebars or leg bars and eSkateboards with a long
platform and one large wheel in the center of the platform, rather than
four small wheels. eSBscooters with handlebars or leg bars allow the
rider to steer and more easily shift body weight to propel the product
forward. Riders mount an eSkateboard with one wheel with feet
positioned one in front of the wheel and one foot behind the wheel; the
rider's body lean controls the angle, speed, and direction of movement.
Lithium-ion Batteries--Section II.B.3 of this preamble describes
user replaceable lithium-ion battery packs, both OEM and third party,
within the scope of UL 2271-23 and this proposed rule. OEM batteries
that are sold with a micromobility product are generally covered by
either UL 2849-20 or UL 2272-24; however, these UL standards reference
battery requirements in UL 2271-23 in addition to other UL standards.
User replaceable battery packs intended for use in a micromobility
product that are sold separately from the product are within the scope
of UL 2271-23.
Figures 2 and 3 show representative electrical systems for eBikes
and OMPs. Electrical systems consist of a motor powered by a battery
pack through the motor controller and throttle. The battery pack
consists of individual lithium-ion cells. A safety circuit or BMS
compares the voltage, current, and temperature readings with the cell
manufacturer's specified limits, and electrically disconnects the cells
if the limits are exceeded. Battery chargers are connected to a user
replaceable battery pack as shown in Figure 2, and to the on-board
battery for non-user replaceable battery packs as shown in Figure 3.
Section II.B of this preamble discusses these electrical system
components in more detail.
[[Page 38167]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.014
B. Background on Lithium-Ion Batteries Used in Micromobility Products
and the Electrical System of Micromobility Products
In this section of the preamble we provide a basic explanation of
lithium-ion cells, their construction, and how they function, as well
as the other components that comprise the electrical systems of
micromobility products, to aid in understanding how the applicable UL
voluntary standard requirements described in section IV of this
preamble, and CPSC's proposed additions, address the unreasonable risks
of death and injury with the associated hazards.
1. Lithium-Ion Cells--A lithium-ion cell is the basic unit of a
battery. Lithium-ion cells are rechargeable and include the following
parts as shown in Figure 4: a positive electrode (cathode), a negative
electrode (anode), a separator in between the electrodes, and an
electrolyte (not pictured). The anode typically consists of a copper
(Cu) sheet coated with a thin layer of negative active material, such
as a graphite compound. The cathode typically consists of an aluminum
(Al) sheet coated with a thin layer of positive active material, such
as lithium nickel manganese cobalt oxide. The separator is a thin,
porous, plastic sheet that electrically insulates the cathode from the
anode; it is perforated with sub-micron sized holes to allow lithium
ions to move between the anode and cathode. The electrolyte is a
solvent in which the electrodes and separator are immersed. The
electrolyte is the medium that allows the charged lithium ions to flow
between the electrodes. Metal tabs (not shown in Figure 4) are welded
to the current collectors (Al and Cu sheets) and attached to the
positive and negative terminals of the battery cell to connect to an
external circuit. Lithium-ion battery electrolytes are flammable,
unlike water-based electrolytes used in other types of rechargeable
batteries such as lead-acid or nickel-metal hydride batteries. If a
lithium-ion cell overheats it can enter into a self-sustaining reaction
called ``thermal runaway.'' The heat generated by thermal runaway
ignites the flammable electrolyte, building internal pressure that can
result in the violent expulsion of hot gases, burning cell materials
and flames from the cell casing.
[[Page 38168]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.015
In a final assembly of a cell, long sheets of the electrodes and
separator are stacked and concentrically wound in a jellyroll fashion.
For a cylindrical cell, the roll is inserted into a cylindrical steel
case, the electrolyte is added, and then the case is capped off. Other
form factors include prismatic cells, which are wound concentrically
but are flat.
2. Charging and Discharging a Cell: Converting Electrical Energy to
Chemical Energy--During charging of a cell, an external voltage is
applied across the cell's terminals (for a micromobility product the
external voltage would be from the charger). Within the cell, lithium
ions move from the active material in the cathode to the active
material in the anode. This converts the electrical energy from the
external power source to chemical energy that the cell stores for later
use during discharge. During the charging process, cell voltage
increases as the cell stored charge level increases, until the cell
reaches its maximum charge voltage. The cell manufacturer specifies the
maximum charge voltage, charging current, and the cell surface
temperature. Continued charging beyond the maximum voltage is referred
to as overcharging, which can damage the electrodes and cause
overheating and failure of the cell.
This process is reversed during discharge when an external load
(meaning the product the battery powers) is connected across the cell's
positive and negative terminals. For a micromobility product, the
external load is the electrical system--motor controller/motor etc.
Micromobility products require a battery composed of multiple
interconnected cells, as explained in section II.B.3 of this preamble
describing Lithium Battery Packs. The stored chemical energy in each
cell is converted into electrical energy as the lithium ions move from
the anode to the cathode inside the battery, producing electrical
current flowing out of the cell and into the load. During discharge,
the cell voltage drops as the stored energy is depleted. Lithium-ion
cells have a minimum voltage to which they can be discharged and below
which the electrodes may become damaged. If this occurs, the cell has
been overdischarged, and this damage may result in overheating and cell
failure during each subsequent charge cycle.
The stored energy that is available in a lithium-ion cell as it is
discharged from its maximum voltage (typically 4.2 V) to its minimum
voltage (typically 2.5 V) is called the cell's electrical capacity,
measured in Wh (Watt-hours). A cell charged to its full capacity is at
100% state of charge (SOC). Because cell voltage ranges from its
minimum to its maximum based on the SOC, manufacturers often reference
cell voltage by its nominal value (typically 3.7 volts direct current
(VDC)). As a convenient reference, manufacturers specify a cell's
ampacity, which is the discharge current available for 1 hour; the
ampacity is specified in ampere-hours (Ah). The 1-hour discharge rate
is designated as C. Cells are typically capable of producing a much
higher current than the C rate but for less time. Typically, rated
discharge current is up to ten times C or 10C. Charging current is
typically between 0.5C for a slow charge and up to three times C (3C)
for a fast charge.
Another important specification for safe operation is the surface
temperature of the cell during charge, discharge, and storage. The cell
manufacturer specifies the temperature ranges a cell may be safely
subjected to for specific modes such as charge, discharge, and storage.
The typical safe range for cell surface temperatures during charging is
between 0 [deg]C and 45 [deg]C. The typical safe
[[Page 38169]]
range for cell surface temperatures during discharge is between 0
[deg]C and 60 [deg]C. While a cell is discharging, internal heating is
produced that is proportional to the current. For a micromobility
product, nearly all the battery power is for the motors. When the motor
works harder, such as to go faster or ride up an incline, the current
increases, and the cells produce more heat. To prevent damage to a
battery cell during charge and discharge, a battery-powered system must
maintain the battery cells within the described specifications,
referred to collectively as the safe area of operation. Battery cells
that are overcharged, overdischarged, or that exceed the allowable
temperature can suffer catastrophic failure. The most severe type of
failure is thermal runaway, which is rapid, extreme overheating of the
cell leading to venting of hot, hazardous gases from the cell, which
can lead to fire escaping from the product, as detailed in section III
of this preamble.
A variety of electrode compounds provide various performance
specifications for battery pack designers to use. A cell manufacturer
publishes the specifications for voltage, current, cell surface
temperature, and capacity so that battery designers can select the cell
that meets or exceeds the performance requirements in the end-use
application.
3. Lithium-Ion Battery Packs--Micromobility products are typically
sold with a battery pack that is rated for the intended use of the
product. The battery pack is an assemblage of individual lithium-ion
cells connected electrically in series and parallel to achieve the
voltage and current ratings for the micromobility product to operate
for the desired range, runtime, and top speed. A battery pack may be
fixed-in-place (non-replaceable), or it may be replaceable by the user
to facilitate charging the battery separately from the product or to
allow battery replacement. Removable batteries allow users to ride the
product with minimal downtime, because users can charge an extra
battery while using the product. Micromobility product manufacturers
may sell battery packs specifically for their products, but battery
packs may also be sold by third parties.
Micromobility product batteries typically use cylindrical lithium-
ion cells, often size 18650 or 21700. Figure 5 shows examples of each
of these cells. Size 18650 cells are nominally 18 mm in diameter and 65
mm tall; size 21700 cells are nominally 21 mm in diameter and 70 mm
tall. Micromobility product battery packs use multiple battery cells
connected in series and parallel so that the battery can provide
sufficient power and capacity to operate the micromobility product
within the manufacturer's desired range or operating time.
[GRAPHIC] [TIFF OMITTED] TP24JN26.016
Micromobility product multi-cell battery arrangements are
designated by the number of cells connected electrically in a series
string, and the number of series strings that are connected in
parallel. For example, a 20-cell, 10S2P battery has ten cells connected
in each series (i.e., ``10S'') and two parallel series (i.e., ``2P'').
Thus, this pack configuration consists of 20 cells. Figures 6 and 7
provide examples of battery packs and their designations.
[[Page 38170]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.017
[GRAPHIC] [TIFF OMITTED] TP24JN26.018
4. Battery Management Systems--To maintain the individual cells of
a battery pack within their specifications for voltage, current, and
temperature during charge and discharge, a robustly designed
micromobility product electrical system uses a BMS, an example of which
is shown in Figure 8. When the BMS detects an out-of-specification cell
condition, it uses electronic switches or relays to disconnect the
battery pack from the external circuit to stop the flow of current and
to prevent damage to battery cells, which could lead to thermal
runaway. For example, during charging and discharging, the BMS measures
and compares the voltage, current, and temperature readings to the cell
manufacturer's specified limits. A BMS measures cell surface
temperatures using thermocouples or thermistors, which are sensors
attached to the outside of the battery cells inside a battery pack. The
BMS controls the charging rate and charge level while monitoring the
cell temperature so that the cells stay within their safe area of
operation. The BMS stops charging when cells reach their full capacity
so that they do not become overcharged. Similarly, the BMS stops
discharging when cells reach their minimum voltage so as not to allow
overdischarge. Accordingly, the BMS plays a critical role in the safe
operation of a micromobility product, particularly when the user is
charging or riding the product.
A BMS, however, cannot stop thermal runaway events caused by
manufacturing defects in the battery cell itself, such as contaminants,
electrode or separator layer misalignment, damaged separator, or folded
or torn electrodes.
5. User Replaceable Battery Packs--Some of CPSC's incident reports
involve user replaceable batteries that were poorly constructed with
substandard cells, BMS, or other components. User replaceable battery
packs may be available from the micromobility product OEM or from a
non-OEM
[[Page 38171]]
supplier. User replaceable battery packs (batteries) become part of the
product's electrical system. The primary risks associated with user
replaceable battery packs, similar to integral batteries, are shock and
fire. The cells within battery packs must be maintained within their
safe area of operation during both charging and discharging, requiring
adequately rated cells and BMS protection. Also, because the battery
output terminals for electrically connecting the battery to the
micromobility product may be exposed, they need to be properly guarded
to protect against possible shorting during connection and
disconnection of the battery pack. If the battery pack voltage is
higher than 60 V DC, the battery output terminals must also be
inaccessible to users to prevent a risk of shock. Further, battery
packs without a means to prevent users from accessing the battery,
meaning those that are not tamper resistant, present a risk of shock
and fire by allowing consumer access to internal parts of the battery
pack to, for example, attempt to replace battery cells. CPSC is also
aware of consumers trying to build or modify lithium-ion battery packs
for micromobility products, without necessarily having technical
expertise or knowledge of the risks. These so-called ``homemade'' or
modified batteries may pose a higher risk of a thermal runaway, and
potential smoke inhalation and fire, as set forth in section III of
this preamble.
6. OEM and Aftermarket Battery Chargers--CPSC is aware of incidents
involving chargers provided either with the micromobility product (OEM
charger) or obtained afterwards (aftermarket charger). Several risks to
the consumer are associated with OEM and aftermarket battery chargers.
Battery chargers are powered from 120 VAC power so that basic safety
requirements such as proper grounding and power cords ratings are
beneficial to protect users against shock and fire. Chargers may also
overheat if adequate internal circuit protection is not provided.
However, the primary concern with aftermarket chargers is compatibility
with the micromobility product charging circuit and battery. It is
critical that the charger output voltage and current match the rating
of the micromobility product battery to prevent damage to the internal
charging circuits or the battery, which can pose a risk of fire. Also,
the voltage polarity of the charger connector must match the polarity
of the micromobility product charging connector to mitigate the risk of
damaging the cells and posing a risk of fire.
C. Market Description
The following discussion provides information about the economic
markets in which micromobility products are sold. In 2021, CPSC
contracted Euromonitor to conduct an industry-wide market study on
micromobility products. The Euromonitor report, completed in February
2022, is titled Micro-Mobility Product Market Research.\9\ The
information provided in this section, unless otherwise stated, is
derived from the Euromonitor report. This market analysis is broken
into three product categories: eBikes, eScooters, and OMPs, which for
this analysis includes eSBscooters, eSkateboards, eUnicycles, and
hybrids of these products).\10\
---------------------------------------------------------------------------
\9\ This report can be obtained by submitting a request at
https://forms.office.com/g/2ubiRFZxfw.
\10\ The information presented summarizes the market analysis in
Tab A of Staff's NPR Briefing Memorandum: Safety Standard for
Lithium-Ion Batteries in Micromobility Products Preliminary
Regulatory Analysis, available at https://www.cpsc.gov/s3fs-public/LithiumIonBatteriesPreliminaryRegulatoryAnalysis.pdf.
---------------------------------------------------------------------------
1. eBikes--CPSC staff identified 179 firms that manufacture or
supply eBikes to the U.S. Most of these firms import products
manufactured in China. Staff have identified just five domestic eBike
manufacturers. Overseas companies produce many of the components used
by these domestic manufacturers; in particular, nearly all eBike
batteries are manufactured overseas. eBikes are typically sold through
physical retail outlets; recently, however, an increasing number of
eBikes are being sold through online retailers. Staff expect this trend
to continue in the short run but do not expect this online sales trend
to exceed 30 percent of total sales because eBike firms maintain a
physical dealer network.
Currently, the domestic eBike market is growing quickly, with a 31
percent compounding annual growth rate (CAGR) in units sold from 2018
to 2024. Increased recreational use of eBikes and investments made by
ride sharing firms in major cities have contributed to the market's
quick growth. Despite investments by ride sharing firms having slowed
considerably recently, the overall eBike market has continued to grow.
High growth rates for this market are likely to continue in the short
run.
2. eScooters--Staff identified 81 firms supplying 704 eScooter
models/variants to the U.S. market. Nearly all eScooters are imported
from China or Taiwan. Of the 81 firms, staff identified seven U.S.
domestic eScooter manufacturers and overseas companies produce many of
the components used by these domestic manufacturers, including nearly
all eScooter battery packs. Private eScooter sales account for
approximately 65 percent of the total market with a majority sold via
on-line retail channels. A few firms have a limited brick-and-mortar
presence. From 2018 to 2021, eScooter sales volume increased at a 9.8
percent CAGR. Over the same period, eScooter gross revenue increased at
a 27.7 percent CAGR. The higher growth rate in revenues compared to
sales is due to a shift towards higher quality and more durable
products. Beyond 2021, sales growth is expected to slow down to 10.64
CAGR and staff expect growth to further decline as the market continues
to saturate.
3. OMPs--Staff identified 67 firms that manufacture or supply OMPs
to the U.S. market. Nearly all these firms import their products from
China. Staff identified 12 domestic OMP manufacturers that assemble
OMPs from components largely produced overseas. Most lithium-ion
batteries for OMPs are produced in China. Roughly 80 percent of OMPs
are sold via online retail channels rather than through brick-and-
mortar retailers.
Revenue for eSBscooters with a handlebar (a.k.a. segways) increased
at a 4.3 percent CAGR from 2018 to 2021, while units sold increased to
1.7 percent CAGR during the same period. One reason for the increase in
retail value is the increase in cost for batteries and electric motors
stemming from the COVID-19 pandemic. eSBscooters without a handlebar,
such as hoverboards, entered the market in 2015. Sales of these
eSBscooter increased at 2.5 percent CAGR from 2018 to 2021. eSBscooter
prices have increased marginally because of higher global demand for
batteries, but they have generally been constrained by the economies of
scale from producing over a million units per year.
eSkateboards and eUnicycles have the highest growth from 2018 to
2021. Sales grew from 2018 to 2021, at a CAGR of 5.3 percent. Retail
value grew at a 13 percent CAGR during that same period. Overall, OMPs
are forecasted to increase at a 15.6 percent CAGR from 2021 to 2024,
reaching a market value of $213.2 million.
D. Overview of Voluntary Standards and CPSC's Participation in
Standards Development
UL 2272 Background--UL 2272 was first published in November 2016 as
a joint Canada-United States National Standard to address the
electrical safety of ``Electrical Systems for Personal e-Mobility
Devices.'' UL 2272-24 defines a ``personal e-mobility device'' as a
[[Page 38172]]
single-rider, rechargeable electric device which may or may not be
self-balancing, excluding devices for medical purposes.\11\ This
voluntary standard was created in response to fire incidents with
eSBscooters that occurred at the end of 2015 when these products were
widely introduced in the market without a standard to ensure safe
operation of the battery. The first edition was revised on February 25,
2019. After the 2019 revisions were published, OMP fire incidents
continued. To address these incidents, staff wrote a letter to UL
Standards and Engagement (ULSE) Technical Commission (TC) on January
14, 2024, indicating a need to create a working group to address OMP
incidents. \12\ As a result of this letter, the TC for UL 2272
initiated work and, on April 19, 2024, ULSE published the second
edition of UL 2272. However, as discussed below, incidents associated
with OMPs continue and staff's current assessment of this standard is
that it is inadequate to fully address the associated hazards for
consumers of OMPs using lithium-ion battery packs.
---------------------------------------------------------------------------
\11\ UL 2272 refers to in-scope products as ``personal eMobility
devices,'' but this NPR generally refers to such products as ``other
micromobility products'' or OMPs.
\12\ The letter is posted on CPSC's website, located at the
following link: https://cpsc.gov/s3fs-public/e-MobilityTG-ResponseToWGActivity-ULSE-0.pdf?VersionId=hpYjELySGyjiOrKFUaJCpgJxqCoufjAI.
---------------------------------------------------------------------------
UL 2271 Background-- UL 2271 was first published in December 2013
as a joint Canada-United States bi-national standard to address
electrical energy storage assemblies such as battery packs for use in
light electric-powered vehicles (LEVs).\13\ The second edition was
published in 2018. The third and latest version was published in 2023.
Although staff assess that the revisions increased safety relative to
the previous edition, nevertheless the standard does not fully address
the associated electrical hazards for consumers of eBikes and OMPs
using these battery packs, as reflected in the discussion of incidents
in section III of this preamble.
---------------------------------------------------------------------------
\13\ UL 2271-13 includes the following as LEVs: electric
bicycles; electric scooters and motorcycles; electric wheelchairs;
golf carts; ATVs; non-ride-on industrial material handling
equipment; ride-on floor care machines and lawnmowers; and personal
mobility devices.
---------------------------------------------------------------------------
UL 2849 Background-- In January 2020 as a joint Canada-United
States National Standard to address the electrical system safety of
eBikes powered by a lithium-based, rechargeable battery. Staff attended
a TC meeting for UL 2849 on December 6, 2021, to review numerous
proposals for additional eBike requirements. To date, these proposals
have not been balloted. Moreover, as discussed in section III of this
preamble, eBike fire incidents continue.
III. Hazards Associated With Lithium-Ion Batteries Used in
Micromobility Products
This section discusses the unreasonable risk of death and injury
associated with lithium-ion batteries used in micromobility products,
provides information on the deaths and injuries associated with
micromobility products within the scope of the rule, and describes the
associated hazard patterns.\14\
---------------------------------------------------------------------------
\14\ See also, Consumer Product Safety Commission (2023)
Micromobility products-related deaths, injuries, and hazard
patterns: 2017-2022, available at: https://www.cpsc.gov/s3fs-public/Micromobility-Products-Related-Deaths-Injuries-and-Hazard-Patterns-2017-2022.pdf?VersionId=BekCvIY03IvMU9nHr2ErziUNXNkPAghJ.
---------------------------------------------------------------------------
A. Unreasonable Risk of Death or Injury Associated With Lithium-Ion
Batteries Used in Micromobility Products
As seen in CPSC's incident data described in section III.B of this
preamble, the primary risks of injury are associated with thermal
runaway of micromobility electrical systems that use lithium-ion
batteries, which can lead to fires, explosions, gas releases, burns,
overheating, and smoke inhalation. Consumers are exposed to these risks
during charge and discharge of lithium-ion batteries used in
micromobility products. Thermal runaway in a lithium-ion battery
pack(s) creates a risk of injury that can be mitigated by using high
quality cells and monitoring and protection circuitry provided by the
electrical system, including such subsystems as the BMS. As described
in section II.B.4 of this preamble, a properly designed and well-
functioning BMS ensures that if a lithium-ion battery or battery pack
operates outside of the safe operating region it will be disconnected
from the external circuit, which turns off the battery pack to prevent
damage to battery cells within the battery pack, and ultimately may
prevent a thermal runaway.
Lithium-ion cells operating outside of their safe operating region
may suffer internal damage, which may lead to an internal short circuit
that generates extreme heat. Depending on the level of charge, the
rapidly released energy may heat the cell much faster than the cell can
dissipate the heat. Furthermore, unlike water-based electrolytes used
in other types of rechargeable batteries, lithium-ion battery
electrolytes are flammable. This may result in a self-heating,
exothermic chemical reaction called thermal runaway. A cell in thermal
runaway burns and vaporizes the flammable electrolyte building intense
internal pressure that may rupture the cell casing explosively,
ejecting hot gases, flames and molten materials. In a multicell battery
pack, the heat produced by the failure of one cell may propagate to
other cells in the pack, expanding the release of extreme heat and fire
due to thermal runaway induced in other cells. Tests performed by Naval
Surface Warfare Center, Carderock Division demonstrated that cell burn
temperatures during thermal runaway can exceed 1000 [deg]C (1832
[deg]F).\15\
---------------------------------------------------------------------------
\15\ Waller, Ko, Hays, Jiang (2020) Evaluation of Cell-to-Cell
Propagation in Lithium-ion Batteries Containing 18650 Sized Cells,
NSWCCD-63-TR-2020/01, https://www.cpsc.gov/content/Consumer-Product-Safety-Commission-CPSC-Staff%E2%80%99s-Statement-on-Naval-Surface-Warfare-Center-Carderock-Division%E2%80%99s-NSWCCD-Report-on-%E2%80%9CEvaluation-of-Cell-to-Cell-Propagation-in-Lithium-Ion-Batteries-Containing-18650-Sized-Cells%E2%80%9D.
---------------------------------------------------------------------------
Once ignited, flaming contents and gases build internal pressure
and can be explosively ejected from the cell enclosure. The flaming
materials may ignite nearby combustibles. Micromobility products are
often left to charge inside of a garage, house, or multifamily
dwelling. Fires in these locations can spread to surrounding household
goods and combustible materials stored in those locations, such as gas
or kerosene in a garage, and carpets, furniture, drapes, decorative
items, and other electronic equipment in the house. Fires can also
ignite the housing structure itself.
Smoke produced by combustion is a colloid consisting of airborne
solids, liquid particles, and gases (e.g., CO2, CO) mixed
with air.\16\ During combustion inside of a battery, a carbon-based
fuel burns in the presence of oxygen. Harmful gases and fire may result
in injuries and deaths to anyone inside the house or building.
According to CPSC's reports of in-depth investigation (IDI) and the
National Electronic Injury Surveillance System (NEISS) submitted from
2019 to 2023, the main causes of human death and injuries associated
with micromobility product fires are smoke inhalation and burn
injuries.
---------------------------------------------------------------------------
\16\ Gill P. and Martin R.V. (2015) Smoke inhalation injury, BJA
Education, 15(3): 143.
---------------------------------------------------------------------------
B. Incident Data Overview
CPSC staff searched CPSC-maintained databases to identify deaths,
injuries, and non-injury incidents associated with lithium-ion
batteries used in micromobility products, including the
[[Page 38173]]
Consumer Product Safety Risk Management System (CPSRMS)
17 18 and the National Electronic Injury Surveillance System
(NEISS).\19\ For this NPR, CPSC identified 227 unique incidents related
to associated hazards with micromobility products' lithium-ion
batteries from January 1, 2019, through December 31, 2023, which were
documented in CPSC databases as of November 1, 2024.
---------------------------------------------------------------------------
\17\ CPSRMS includes data primarily from three groups of
sources: incident reports, death certificates; and in-depth follow-
up investigation reports. A large portion of CPSRMS consists of
incident reports from consumer complaints; media reports; medical
examiner or coroner reports; retailer or manufacturer reports
(incident reports received from a retailer or manufacturer involving
a product they sell or make); safety advocacy groups, law firms, and
federal, state, or local authorities, among others. It also contains
death certificates that CPSC purchases from all 50 states, based on
selected external cause of death codes (ICD-10). The third major
component of CPSRMS is the collection of in-depth, follow-up
investigation reports. Based on the incident reports, death
certificates, or NEISS injury reports, CPSC Field staff conduct in-
depth investigations (on-site, telephone, or online) of incidents,
deaths, and injuries, which are then stored in CPSRMS.
\18\ CPSC staff searched all data coded under product codes
3215/5045 (eBikes), 5022/5024 (eScooters), 5025 (eSBscooters,
eSkateboards, eUnicycles), 1283 (Unicycles), and 5042 (Scooters,
eSBscooter, Skateboards). In addition, staff extracted data coded
under 884 (Batteries), 883 (Battery Chargers/adapters), and 9901
(Unclerically coded retailer products). Staff further screened data
searched from this wide range of products using keywords to identify
potentially in-scope micromobility products or lithium-ion batteries
which may have been used in micromobility products at the time of
the incident. Staff extracted data on November 1, 2024, and
reporting for 2022-2023 is ongoing. Counts may change in future
reports.
\19\ NEISS is the source of the injury estimates; it is a
statistically valid injury surveillance system. NEISS injury data
are gathered from participating hospitals with 24-hour emergency
departments and at least 6 beds, selected as a probability sample of
all U.S. hospitals. The surveillance data gathered from the sample
hospitals enable the staff to make timely national estimates of the
number of injuries associated with specific consumer products.
---------------------------------------------------------------------------
Specifically, CPSC conducted 212 In-Depth Investigations (IDIs),
identified 12 additional NEISS cases,\20\ and obtained three news
reports as presented in table 1.1. Of the resulting total of 227
incidents associated with micromobility product electrical systems, 90
incidents are associated with fatalities (39) and injuries (181), while
39 incidents involved multiple victims with fatalities and injuries.
CPSC is also aware of 137 non-injury incidents within the same
timeframe.
---------------------------------------------------------------------------
\20\ NEISS estimates are not given if they do not meet the NEISS
reportability criteria: that the estimated number of injuries be
1,200 or higher, the sample size be 20 or larger, and the
coefficient of variation does not exceed 0.33.
[GRAPHIC] [TIFF OMITTED] TP24JN26.020
Table 1.2 shows the number of incidents, fatalities, injuries, and
non-injury incidents associated with micromobility product electrical
system fire, explosion, overheating incidents by year from 2019 through
2023. Table 1.2 summarizes information on deaths, injuries, and non-
injury incidents for each product category.
[[Page 38174]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.021
Using these data staff identified hazards associated with lithium-
ion batteries used in micromobility product electrical systems,
including fires, explosions, and other hazards such as gas releases,
burns, overheating, and smoke inhalation. Table 1.3 shows the overall
incident counts, fatalities, injuries, and non-injury incident counts.
Out of the 227 incidents, fire incidents accounted for 195 incidents
(86 percent), 39 fatalities (100 percent), 174 of the 181 injuries (96
percent), and 112 of the 137 non-injury incidents (82 percent).
[[Page 38175]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.022
Table 1.4 summarizes the hazard pattern counts of different product
types for each incident associated with a lithium-ion battery used in a
micromobility product electrical system. Out of the 227 total
incidents, 120 incidents (53 percent) occurred while the product was
plugged in charging, including 18 fatalities (46 percent), 102 injuries
(56 percent), and 73 non-injury incidents (53 percent). Another 23
incidents were reported while the product was being stored or resting
in open space and unexpectedly caught fire, causing a total of four
deaths and 36 incidents of non-fatal injury. Thirty incidents with no
deaths, which injured eight people, were mainly associated with
products while in use, shortly after use, or after charging. User
removing/replacing battery packs or using an aftermarket battery/
charger accounted for 25 incidents, two deaths, and 12 people injured.
Three incidents associated with the product contacting water were
reported, including one death and no non-fatal injuries. Four incidents
associated with homemade battery packs were reported with three
fatalities and two injuries while victims were manufacturing,
repairing, or charging batteries. The remaining 22 incidents did not
provide specific hazard descriptions but accounted for 11 deaths and 21
injuries.
BILLING CODE 6355-01-P
[[Page 38176]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.023
BILLING CODE 6355-01-C
Among the 39 fatalities associated with micromobility lithium-ion
battery fires, each sex had 19 fatalities, as well as one fatality for
unknown sex. Of the
[[Page 38177]]
159 injured victims with known age, 85 were males (53 percent) and 74
females (47 percent). Of the 129 non-injury incidents with known sex,
95 were males (74 percent) and 34 females (26 percent). Table 1.5
presents the distribution of victims by product type and sex.
[GRAPHIC] [TIFF OMITTED] TP24JN26.024
Table 1.6 presents the incident data by product type and victim age
group. Two hundred ninety-seven (about 83 percent) out of 357 total
victims had age information provided. Of the 37 fatalities with age
information, four (about 11 percent) were under 5 years old and nine
(about 24 percent) were 65 and older. These fatality rates for both the
`under 5 years old' and `65 and older' groups were disproportionately
higher compared to their corresponding proportions in the general U.S.
population. Among the 112 non-injury victims with age information, 50
(about 45 percent) were in the 25-44 age group which is also
disproportionately higher compared to the general population.
[[Page 38178]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.025
1. Incidents with Multiple Victims--Thirty-nine incidents involved
multiple injured or deceased victims, including eight incidents
involving fire that resulted in two or more deaths in each incident
(collectively accounting for 24 deaths and 19 injuries). An additional
31 incidents involving a fire resulted in multiple victims with one or
no deaths in each incident (collectively accounting for eight deaths
and 118 injuries). Table 2.1 summarizes information on incidents,
deaths, and injuries in multiple victim incidents involving lithium-ion
batteries used in micromobility products and the associated hazards,
including fires.
[GRAPHIC] [TIFF OMITTED] TP24JN26.026
[[Page 38179]]
Of the 169 victims involved in multi-victim incidents, 32 were
killed and an additional 137 were injured. Of the 32 fatalities, 15
were males, 16 were females, and one unknown sex. One hundred sixteen
out of the 137 injury incidents identified the sex of the victim, and
these were equally divided between males and females. Table 2.2
presents the distribution of sex by product type.
[GRAPHIC] [TIFF OMITTED] TP24JN26.027
Table 2.3 shows the hazard pattern data by product type. Twenty-one
out of the 39 incidents involving multiple-victim incidents (about 54
percent) occurred while the product was plugged in charging, including
15 out of 32 fatalities (about 47 percent) and 79 out of 137 injuries
(about 58 percent). Seven multi-victim incidents were reported while
the products were being stored or resting in open space and
unexpectedly catching fire, causing four deaths and 33 injuries. Two
incidents with five injuries were associated with products during use,
shortly after use, or after unplugging a charger from the product.
Users removing or replacing the battery and using a user replaceable
battery or aftermarket charger were associated with four incidents, two
deaths, and nine injuries. An incident was reported in which the victim
was manufacturing, repairing, and charging homemade lithium-ion
batteries, resulting in one death and two injuries. The remaining four
multiple-victim incidents did not provide specific hazard description
but accounted for 10 deaths and nine injuries.
BILLING CODE 6355-01-P
[[Page 38180]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.028
[[Page 38181]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.029
BILLING CODE 6355-01-C
2. Incidents involving Single Victim--Of the 188 incidents with
single victims, 51 incidents resulted in seven deaths and 44 injuries,
as set forth in table 3.1.
[GRAPHIC] [TIFF OMITTED] TP24JN26.030
Of the seven fatalities, four were males and three were females.
Twenty-seven out of 43 single-injury incidents with known sex (about 63
percent) were males versus 16 females (about 37 percent). Table 3.2
presents the distribution of sex by product type.
[[Page 38182]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.031
Table 3.3 shows the distribution of hazard pattern data by product
type. Out of the 188 incidents, 99 incidents (about 53 percent)
occurred while the products were plugged in charging, leading to three
out of seven fatalities (about 43 percent), 23 of 44 injuries (about 52
percent), and 73 out of 137 non-injury incidents (about 53 percent).
Another 16 incidents were reported while the products were being stored
or resting in an open space and unexpectedly catching fire, causing
three injuries. Twenty-eight incidents with three injuries were mainly
associated with products while in use, shortly after use, or soon after
charging. `User removing/replacing battery' and `Aftermarket battery/
charger' accounted for 21 incidents with three injuries. Three
incidents involved products in contact with water, causing one death.
Three incidents, resulting in two deaths, were associated with the
victims manufacturing, repairing, and charging lithium-ion batteries.
The remaining 18 incidents did not provide specific hazard description
but accounted for one death and 12 injuries.
BILLING CODE 6355-01-P
[[Page 38183]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.032
[[Page 38184]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.033
BILLING CODE 6355-01-C
C. Hazard Patterns From the Incident Data
As summarized in table 1.4 in section III.B of this preamble, CPSC
identified the following nine hazard patterns in the incident data
associated with lithium-ion batteries used in micromobility products,
or within an electrical system of a micromobility product.
1. Charging--CPSC is aware of 120 incidents associated with thermal
runaway during normal charging of micromobility products, resulting in
18 deaths and 102 injuries. For example, in IDI 211005CAA1026 the
consumer fully charged an eBike battery after purchase and
approximately 3-5 times each week thereafter. A few months after
purchase, the consumer reportedly used the adapter that came with the
eBike to charge the battery. The consumer arrived home in the evening
to discover that the fire department had extinguished a fire in his
living room, where the eBike was located. Fire officials determined
that the rechargeable battery on the eBike had exploded and started a
fire. The consumer found the remains of the battery on the floor next
to the bike, surmising that it had blown off when the battery exploded.
In another example, IDI 220119CCC1747, an eSBscooter reportedly
caught fire while on an extended charge. The eSBscooter had been
purchased new by the consumer about 19 months earlier from an online
retailer and used without incident until the fire. The consumer used
the product and then plugged it in to charge in the garage.
Approximately one week later, the consumer heard a smoke alarm and
observed flames coming from the garage. Firefighters determined the
fire originated from the eSBscooter, which had overheated from being
charged and began to melt, catching a nearby mattress on fire.
2. Spontaneous (Stored or Resting in Open Space)--CPSC is aware of
23 spontaneous incidents while the micromobility product was being
stored or resting in an open space. These incidents resulted in four
deaths and 36 injuries. For example, in IDI 231221CCC1586, a fire
originated in an apartment with two skateboards that were left by the
front entrance door. Neither product was being charged at the time of
the incident or was recently used.
3. Discharge (During or Shortly After Riding)--CPSC is aware of 18
incidents while the micromobility product was in use, resulting in four
injuries. For example, in IDI 230713CFE0001, a 14-year-old male was
riding an approximately year-and-a half old stand-up, rechargeable
eScooter when the battery caught fire and started smoking and burst
into flames, shooting out individual battery cells up to four feet away
from the eScooter. The teen reported that he always used the original
factory charger to charge the eScooter.
Another example of a discharging incident is documented in IDI
231130CCC1429. A 67-year-old female started her eBike and reported that
the battery suddenly exploded with flames bursting out of the bike. The
eBike was purchased new a month or so before the incident along with a
second identical unit. The consumer reported assembling the product per
the instructions, but did not assemble anything in relation to the
battery.
4. After Charging or Unplugging--CPSC is aware of 12 incidents
after the micromobility product was charged and unplugged, resulting in
four injuries. For example, in IDI 220525CBB3911, the consumer went to
unplug the charger from an eScooter with an OEM replacement battery
after about a month on the charger, and the product sparked, caught
fire, and emitted smoke. The area above the charge port was scorched
and the eScooter was no longer operable.
In IDI 210824CFE0001, the consumer was awakened by a loud explosion
and saw dark black smoke and fire emitting from the area where his
eScooter was located after being charged overnight. The apartment
sustained fire, smoke, soot, and water damage, leaving it
uninhabitable.
5. Battery Removal or Replacement--CPSC is aware of eight incidents
after the user removed or replaced the
[[Page 38185]]
battery, resulting in four injuries. In several of these incidents,
consumers were attempting to install a replacement battery sent by the
manufacturer (IDI 220908CCC1337, 220908CCC1339, 220908CCC1340).
6. Aftermarket Battery or Charger--CPSC is aware of 17 incidents
involving aftermarket batteries or chargers, resulting in two deaths
and eight injuries. For example, in IDI 220805CFE0001, lithium-ion
batteries self-ignited during the charging process in an apartment,
resulting in a fire and the deaths of a 5-year-old female and a 36-
year-old female. The batteries were being charged using an aftermarket
charger plugged into an extension cord. During a federal line-of-duty
death investigation of a career firefighter, investigators determined
that the fire origin was from using a lithium-ion battery-powered
device and an aftermarket charger together, causing the batteries to
overheat, go into thermal runaway, and start a fire. CPSC has warned
consumers against using aftermarket universal chargers that are not
compatible with their intended micromobility products.\21\
---------------------------------------------------------------------------
\21\ https://www.cpsc.gov/Warnings/2024/CPSC-Warns-Consumers-to-Immediately-Stop-Using-SafPow-and-AMPOWSURE-Battery-Chargers-Sold-on-Amazon-com-Due-to-Fire-and-Burn-Hazards-Risk-of-Serious-Injury-and-Death.
---------------------------------------------------------------------------
7. Contact with Water--CPSC is aware of three incidents involving
micromobility products having been in previous contact with water,
resulting in one death. In the fatal incident (X2390880A), a fire
started on a boat. According to the police, the cause of the fire was
an eBike battery that had fallen into the water the day before the
incident.
8. Homemade Battery--CPSC is aware of four incidents involving
homemade batteries, resulting in three deaths and two injuries. In IDI
200909CFE0001, the consumer used parts of a camper battery to make a
homemade eBike battery. In IDI 230213CAA1777, investigators believe the
consumer purchased a conversion kit that changes a standard bicycle
into an eBike. Investigators hypothesize the battery was ``homemade''
because they found remnants of cardboard and duct tape.
9. Unspecified--CPSC is aware of 22 incidents involving
micromobility products with no identified hazard patterns, resulting in
11 deaths and 21 injuries.
10. Use and Hazard Patterns Associated with Micromobility
Products--CPSC staff categorized the use patterns and associated hazard
patterns prior to the fires identified from the incident data,
including Unsafe Battery, Unsafe Charging, Unsafe Discharging,
Incompatible Components, Tampering and Unknown. Table 4 provides a
summary of the use patterns observed in the incident data and the
associated hazard patterns.
[GRAPHIC] [TIFF OMITTED] TP24JN26.034
D. Mechanisms of Injury
1. Smoke Inhalation--In general, smoke inhalation is the most
common cause of death in fire incidents.\22\ The reported casualties
(fatality and serious injury) were primarily caused by fires of house
structures and surrounding combustible materials (e.g., furniture,
bedding items) after an initiation of fire from a lithium-ion battery
for micromobility products. Smoke inhalation produces respiratory
complications and injuries, including thermal injury to the upper
airway from heated gases, irritation to the airways, asphyxiation or
oxygen depletion by carbon monoxide (CO) and hydrogen cyanide
(HCN),\23\ hydrogen chloride (HCl) gas inhalation-associated airway
blockage, and atmospheric oxygen depletion by burning.\24\
---------------------------------------------------------------------------
\22\ Gill P. and Martin R.V. (2015) Smoke inhalation injury, BJA
Education, 15(3): 143.
\23\ Lafferty KA, Bonhomme K, Martinez CV et al. Smoke
inhalation Injury (2021). Available from http://emedicine.medscape.com/article/771194-overview (accessed 04 June
2024).
\24\ Alarie Y. (2002) Toxicity of fire smoke, Crit. Rev.
Toxicol. 32(4): 259.
---------------------------------------------------------------------------
Patients who suffer burn injury also are likely to be exposed to
smoke and hazardous gases. Asphyxiation, or insufficient oxygen levels,
is the primary cause of unconsciousness or death from such exposure. CO
is the main asphyxiant gas in fires, and CO poisoning is the primary
cause for half of all deaths during fire.\25\ CO binds with hemoglobin
in red blood cells, which is responsible for carrying oxygen to all
parts of the body. CO has a much higher binding affinity to hemoglobin
than oxygen. This competitive binding of CO over oxygen with hemoglobin
reduces oxygen transportation to the cells, resulting in hypoxic (or
insufficient oxygen associated) injury of all tissues of exposed
subjects. The brain and the heart are particularly vulnerable to
hypoxia, and prolonged exposures are increasingly harmful.
---------------------------------------------------------------------------
\25\ Roeland Bisschop, Per Blomqvist, Alastair Temple, Johan
Anderson, RISE (2020) Toxic Gases from Fire in Electric Vehicles,
Ola Willstrand, RISE Research Institutes of Sweden, RISE Report
2020:90.
---------------------------------------------------------------------------
HCN is also generated in fires, particularly those involving
synthetic materials (e.g., furnishings, plastics, vinyl). HCN binds the
enzyme cytochrome C oxidase and blocks the mitochondrial transport
chain that results in the depletion of adenosine triphosphate (ATP),
the source of energy at the cellular level. The depletion of ATP is
followed by the impairment of vital functions of cells that ultimately
disable organs, such as the lung, the heart, and the central nervous
system. The presence of HCN also increases the adverse effects of CO
when it is also present.\26\
---------------------------------------------------------------------------
\26\ Gill P. and Martin R.V. (2015).
---------------------------------------------------------------------------
[[Page 38186]]
HCl is a corrosive irritant that is generated in fires,
particularly those involving materials containing chlorine (e.g.,
polyvinyl chloride). The presence of gaseous HCl exacerbates the
irritating and choking effects of the smoke. HCl in fire smoke when
inhaled causes laryngeal and bronchial spasm and generates massive
pulmonary edema, leading to suffocation.\27\
---------------------------------------------------------------------------
\27\ Alarie Y. (2002).
---------------------------------------------------------------------------
Fires consume oxygen and therefore can significantly reduce the
levels of oxygen in the air indoors. Reduced oxygen levels can result
in incapacitation or loss of consciousness of people near fires and
contribute to deaths and serious injuries.\28\ Furthermore, the heat of
active fires may cause heat shock injury and death in nearby people,
especially if victims are incapacitated.
---------------------------------------------------------------------------
\28\ Alarie Y. (2002).
---------------------------------------------------------------------------
2. Exposure to Chemicals--In addition to the generation of
asphyxiant and corrosive gases and heat, lithium-ion battery fires and
involvement of surrounding household goods and combustible materials
may produce other chemical substances that could be inhaled or absorbed
through the skin. Fire-associated chemicals (and their associated
potential adverse effects) may include:
Metals, such as aluminum (Al), lithium (Li), cobalt (Co),
nickel (Ni), and manganese (Mn): respiratory tract irritation and
asthma; 29 30
---------------------------------------------------------------------------
\29\ RISE (2023) Investigation of extinguishing water and
combustion gases from vehicle fires, Hynynen J., Willstrand O.,
Blomqvist P., Quant M. RISE Research Institutes of Sweden, RISE
Report 2023:22.
\30\ Nemery B. (2022) Chapter 19--Metals and the Respiratory
Tract, Pages 421-443, Handbook on the Toxicology of Metals (Fifth
Ed.), Editors: Gunnar F. Nordberg and Max Costa, Academic Press
---------------------------------------------------------------------------
Other irritant gases, such as hydrogen fluoride (HF),
sulfur dioxide (SO2), and nitrogen dioxide (NO2):
respiratory tract irritation and corrosion of upper respiratory tract
tissues; 31 32 33
---------------------------------------------------------------------------
\31\ RISE (2020).
\32\ National Research Council (US) Committee on emergency and
continuous Exposure Guidance Levels for Selected Submarine
Contaminants (2009) Emergency and continuous exposure guidance
levels for selected submarine contaminants: Volume 3, National
Academies press, Washington, DC https://www.ncbi.nlm.nih.gov/books/NBK219903/.
\33\ Gaskin S., Heath L., Pisaniello D., Logan M., and Baxter C.
(2019) Skin permeation of oxides of nitrogen and sulfur from short-
term exposure scenarios relevant to hazardous material incidents.
Sci. Total Environ. 665, 937.
---------------------------------------------------------------------------
Per- and polyfluoroalkyl substances (PFAS): changes in
enzymes and adverse physiological responses, altered immune and thyroid
function, lipid and insulin dysregulation, adverse reproductive and
developmental outcomes; 34 35
---------------------------------------------------------------------------
\34\ Quant M., Willstrand O., Mallin T, and Hynynen J. (2023)
Ecotoxicity Evaluation of Fire-Extinguishing Water from Large-Scale
Battery and Battery Electric Vehicle Fire Tests. Environ. Sci.
Technol. 57, 4821.
\35\ Fenton SE, Ducatman A., Boobis A., DeWitt J.C., Lau C., Ng
C., Smith J.S., and Roberts S.M. (2021) Per- and polyfluoroalkyl
substance toxicity and human health review: Current state of
knowledge and strategies for informing future research. Environ.
Toxicol. Chem. 40, 606.
---------------------------------------------------------------------------
Volatile organic compounds (VOCs) and polycyclic aromatic
hydrocarbons (PAHs), including benzene and benzo(a)pyrene:
29 31 respiratory tract irritation and
inflammation,36 37 and;
---------------------------------------------------------------------------
\36\ Agency for Toxic Substances and Disease Registry (ATSDR)
(2007) Toxicological Profile for Benzene. https://www.ncbi.nlm.nih.gov/books/NBK591289/.
\37\ Bukowska B., Mokra K., and Michalowicz J. (2022)
Benzo[a]pyrene-Environmental occurrence, human exposure, and
mechanisms of toxicity. Int. J. mol. Sci. 23, 6348.
---------------------------------------------------------------------------
Particulates: respiratory irritation, increased severity
of asthma and chronic obstructive pulmonary disease (COPD) in patients
with the symptoms.38 39 40 41
---------------------------------------------------------------------------
\38\ Premnath V., Wang Y., Wright N., Khalek I., and Uribe S.
(2022) Detailed characterization of particle emissions from battery
fires. Aerosol Sci. Technol. 56, 337.
\39\ Quant M. et al. (2023).
\40\ RISE (2020).
\41\ ATSDR (2024) Guidance for inhalation exposures to
particulate matter.
---------------------------------------------------------------------------
The hazards associated with exposure to chemicals released or
generated by lithium-ion battery fires and involvement of surrounding
combustible materials depend on the specific substances emitted during
the event, levels of toxicity of the substances, and levels of
exposure, as well as vulnerability of exposed subjects. Exposure to
chemicals from a lithium-ion battery fire likely will be limited if
individuals notice the fire at an early stage and are able to escape.
However, in the case that a failing battery or fire is not immediately
recognized, or when individuals cannot escape, prolonged exposure to
the emitted chemicals may be associated with more severe injury and
death from exposure to asphyxiant gases, heat, or the fire itself.
3. Electric Shock--An electric shock occurs when an electric
current passes through a human body. The electric shock can cause death
and injuries to humans. Three basic factors that determine effects of
electric shock are current levels, exposure duration of contact, and
electrical frequency.\42\ Although current is the primary determinant
of subsequent health adverse effects of electric shock, voltage also
influences the outcome of an electric shock.\43\ Electric current,
measured in amperes (A), is defined as a flow of charged electrons or
ions. There are two types of electric current, alternating current (AC)
and direct current (DC). The current associated with household
electrical outlets is AC that continuously changes direction from a
positive to a negative value. In contrast, DC current, such as from
batteries, is a unidirectional current. Voltage is defined as electric
potential between two points, functioning as a force moving the current
from one point to another point.
---------------------------------------------------------------------------
\42\ BrightHub Engineering, AC and DC Electric Shock Effects
Compared, available at: https://www.brighthubengineering.com/power-plants/89792-ac-and-dc-shock-comparison/ (last accessed 09/10/2024).
\43\ Fish R.M. and Geddes L.A. (2009) Conduction of electrical
current to and through the human body: A review, Eplasty, 9: e44.
---------------------------------------------------------------------------
Exposure to electric current causes various effects on a human
body, depending on the level, including stimulation of muscles and
nerves, and respiratory or cardiac arrest.\44\ The maximum current
under which an average adult can voluntarily release an electrified
object is called the ``let go'' current. The let-go currents of AC and
DC are 16 mA and 75 mA for most adults, respectively.45 46
For electric currents above the let-go levels, exposed humans may not
be able to drop an energized object because of muscle contraction,
unless the current flow stops.\47\
---------------------------------------------------------------------------
\44\ Fish R.M. and Geddes L.A. (2009).
\45\ Fish R.M. and Geddes L.A. (2009).
\46\ Zemaitis M.R. et al. (2023).
\47\ NIOSH (1998) Worker deaths by electrocution: A Summary of
NIOSH Surveillance and Investigative Findings.
---------------------------------------------------------------------------
Electrical injuries can be differentiated between low-voltage
(<600V) and high-voltage (>=600 V) injuries. Most micromobility
products are designed to operate using low voltage (e.g., 60 VDC or
less). Patients who experience low-voltage injuries may present with
only minor or no skin burns. However, if there is prolonged contact or
muscle tetany,\48\ low voltage electrical energy can result in cardiac
or respiratory arrest, arrhythmias (e.g., ventricular fibrillation) or
seizures. In addition to the characteristics of the electrical system,
other factors can affect severity of injuries. For example, a victim
contacting current in wet conditions may face a higher electric risk
than in dry conditions.\49\
---------------------------------------------------------------------------
\48\ Muscle tetany is an involuntary muscle contraction
accompanied by overly stimulated peripheral nerves.
\49\ Zemaitis M.R. et al. (2023).
---------------------------------------------------------------------------
Depending on the severity of electrical injury, short-term
immediate effects may include tingling or prickling
[[Page 38187]]
sensation, skin burns, headache, irregular heartbeat, seizures, and
loss of consciousness. After the immediate injury, patients may
experience long-term adverse effects, such as post-traumatic stress
disorder (PTSD), depression, anxiety, insomnia, reduced attention span,
and panic attacks.\50\ The skin has the highest electrical resistance
and tends to suffer the greatest level of damage (i.e., skin burns).
The electric resistance of the skin may prevent severe internal damage
from the electric shock. Low skin resistance due to the presence of
water or damaged skin may result in less severe skin burns, but a
larger amount of electrical energy may be transferred to internal
tissues leading to a higher risk of internal tissue damage.\51\
---------------------------------------------------------------------------
\50\ Eagle R. How various levels of electric shocks affect the
body and how to recover. MedicalNewsToday, available at: https://www.medicalnewstoday.com/articles/electric-shock (January 11, 2024).
\51\ Zemaitis M.R. et al. (2023).
---------------------------------------------------------------------------
E. Availability of Incident Data
Upon publication of this NPR in the Federal Register, CPSC will
make available for review and comment the CPSRMS and NEISS incident
reports relied upon and discussed in this NPR, to the extent allowed by
applicable law, including any IDIs conducted by CPSC. Upon publication
of this NPR, these data can be obtained by submitting a request at
https://forms.office.com/g/2ubiRFZxfw. If you do not receive access to
the data within one business day after submitting your request, or if
you have any issues accessing the data, please contact the phone number
or email address listed in the FOR FURTHER INFORMATION CONTACT section
at the beginning of this NPR.
F. Recalls, Unilateral Press Releases, and Enforcement Letters
Since 2016, consumer use of micromobility products has greatly
expanded, as has CPSC's engagement to mitigate the associated health
and safety risks. This section of the preamble summarizes CPSC's
efforts to inform industry about, and protect consumers from,
associated fires, explosions, gas releases, burns, overheating, and
smoke inhalation risks. From January 1, 2016, through November 30,
2024, CPSC conducted 29 voluntary recalls involving micromobility
products associated with fire, overheating, and smoke inhalation
hazards. Table 5 summarizes CPSC recalls.
BILLING CODE 6355-01-P
[[Page 38188]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.035
[GRAPHIC] [TIFF OMITTED] TP24JN26.036
[[Page 38189]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.037
BILLING CODE 6355-01-C
Additionally, during this same period CPSC issued nine press
releases warning the public to stop using lithium-ion batteries and
micromobility products because of associated safety hazards, such as
fires, overheating, and smoke inhalation. Table 6 lists such press
releases.
---------------------------------------------------------------------------
\52\ When the recall press release delineates the approximate
number of recalled units, number of incidents, or number of injuries
by country, this summary only includes the reported United States
values.
\53\ https://www.cpsc.gov/Recalls/2016/Hype-Wireless-Recalls-Self-Balancing-Scooters-Hoverboards.
\54\ https://www.cpsc.gov/Recalls/2016/Keenford-Limited-Recalls-Self-Balancing-Scooters-Hoverboards.
\55\ https://www.cpsc.gov/Recalls/2016/Razor-Recalls-Self-Balancing-Scooters-Hoverboards.
\56\ https://www.cpsc.gov/Recalls/2016/Overstock-Recalls-Self-Balancing-Scooters-Hoverboards.
\57\ https://www.cpsc.gov/Recalls/2016/Digital-Gadgets-Recalls-Self-Balancing-Scooters-Hoverboards.
\58\ https://www.cpsc.gov/Recalls/2016/Self-Balancing-Scooters-Hoverboards.
\59\ https://www.cpsc.gov/Recalls/2016/Swagway-Recalls-Self-Balancing-Scooters-Hoverboards.
\60\ https://www.cpsc.gov/Recalls/2016/Hoverboard-LLC-Recalls-Self-Balancing-Scooters-Hoverboards.
\61\ https://www.cpsc.gov/Recalls/2016/Yuka-Clothing-Recalls-Self-Balancing-Scooters-Hoverboards.
\62\ https://www.cpsc.gov/Recalls/2016/PTX-Performance-Products-Recalls-Self-Balancing-Scooters-Hoverboards.
\63\ https://www.cpsc.gov/Recalls/2017/World-Trading-Recalls-Orbit-Self-Balancing-Scooters-and-Hoverboards.
\64\ https://www.cpsc.gov/Recalls/2017/Boosted-Recalls-Electric-Skateboards.
\65\ https://www.cpsc.gov/Recalls/2017/Vecaro-LifeStyle-Recalls-Self-Balancing-Scooters-Hoverboards.
\66\ https://www.cpsc.gov/Recalls/2017/iRover-Recalls-Self-Balancing-Scooters-Hoverboards.
\67\ https://www.cpsc.gov/Recalls/2018/Smart-Balance-Wheel-SelfBalancing-ScootersHoverboards-Recalled-by-Salvage-World-Due-to-Explosion-and-Fire-Hazards.
\68\ https://www.cpsc.gov/Recalls/2018/Sonic-Smart-Wheels-SelfBalancing-ScootersHoverboards-Recalled-by-Dollar-Mania-Due-to-Explosion-and-Fire-Hazards.
\69\ https://www.cpsc.gov/Recalls/2018/Tech-Drift-Recalls-SelfBalancing-ScootersHoverboards-Due-to-Fire-and-Explosion-Hazards.
\70\ https://www.cpsc.gov/Recalls/2018/iLive-SelfBalancing-ScootersHoverboards-Recalled-by-Digital-Products-Due-to-Fire-Hazard.
\71\ https://www.cpsc.gov/Recalls/2018/iHoverspeed-SelfBalancing-ScootersHoverboards-Recalled-by-Simplified-Wireless-Due-to-Fire-Hazard.
\72\ https://www.cpsc.gov/Recalls/2018/Go-Wheels-SelfBalancing-ScootersHoverboards-Recalled-by-Four-Star-Imports-Due-to-Fire-and-Explosion-Hazards-Sold-Exclusively-at-Village-Mart.
\73\ https://www.cpsc.gov/Recalls/2018/Drone-Nerds-Recalls-SelfBalancing-ScootersHoverboards-Due-to-Fire-and-Explosion-Hazards.
\74\ https://www.cpsc.gov/Recalls/2021/Specialized-Bicycle-Components-Recalls-Electric-Mountain-Bike-Battery-Packs-Due-to-Fire-and-Burn-Hazards-Recall-Alert.
\75\ https://www.cpsc.gov/Recalls/2021/Razor-USA-Recalls-GLW-Battery-Packs-Sold-with-Hovertrax-2-0-Self-Balancing-Hoverboards-Due-to-Fire-Hazard.
\76\ https://www.cpsc.gov/Recalls/2023/E-Bikes-Recalled-Due-to-Fire-Explosion-and-Burn-Hazards-Distributed-by-Ancheer.
\77\ https://www.cpsc.gov/Recalls/2023/eWheels-Recalls-Gotway-and-Begode-Unicycles-Due-to-Fire-Hazard.
\78\ https://www.cpsc.gov/Recalls/2023/E-Bikes-Recalled-Due-to-Fire-and-Burn-Hazards-Distributed-by-Gyroor-Recall-Alert.
\79\ https://www.cpsc.gov/Recalls/2023/Jetson-Electric-Bikes-Recalls-42-Volt-Rogue-Self-Balancing-Scooters-Hoverboards-Due-to-Fire-Hazard-Two-Deaths-Reported.
\80\ https://www.cpsc.gov/Recalls/2024/DGL-Group-Recalls-Hover-1-Helix-Hoverboards-Due-to-Fire-Hazard.
\81\ https://www.cpsc.gov/Recalls/2024/Pacific-Cycle-Recalls-E-Bikes-Due-to-Fire-Hazard.
---------------------------------------------------------------------------
[[Page 38190]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.038
Finally, CPSC's Office of Compliance and Field Operations issued
two enforcement letters advising manufacturers and importers of
micromobility products to address fire hazards associated with such
products to meet the requirements in the applicable voluntary
standards. Table 7 describes these two letters.
---------------------------------------------------------------------------
\82\ When the press release delineates the number of incidents
or number of injuries by country, this summary only includes the
reported United States values.
\83\ https://www.cpsc.gov/Newsroom/News-Releases/2017/following-fatal-house-fire-cpsc-warns-consumers-to-stop-using-layz-board-hoverboards-0.
\84\ https://www.cpsc.gov/following-second-house-fire-cpsc-warns-consumers-to-stop-using-layz-board-hoverboards.
\85\ https://www.cpsc.gov/Newsroom/News-Releases/2020/CPSC-Warns-Consumers-Not-to-Charge-or-Use-New-High-Tech-X1-5-Hoverboards-Due-to-Fire-Hazard.
\86\ https://www.cpsc.gov/Newsroom/News-Releases/2022/CPSC-Warns-Consumers-to-Immediately-Stop-Using-King-Song-Electric-Unicycles-Due-to-Fire-Hazard-Fire-and-Injuries-Reported.
\87\ https://www.cpsc.gov/Warnings/2024/CPSC-Warns-Consumers-to-Stop-Using-Toos-Elite-Electric-Scooters-Due-to-Fire-Hazard-Two-Deaths-Reported.
\88\ https://www.cpsc.gov/Newsroom/News-Releases/2024/CPSC-Warns-Consumers-to-Immediately-Stop-Using-EVERCROSS-EV5-Hoverboards-Due-to-Fire-Hazard-Sold-on-Amazon-com-and-Walmart-com.
\89\ https://www.cpsc.gov/Newsroom/News-Releases/2024/CPSC-Warns-Consumers-to-Stop-Using-Unit-Pack-Power-UPP-E-bike-Batteries-Due-to-Fire-and-Burn-Hazards-Risk-of-Serious-Injury-and-Death.
\90\ https://www.cpsc.gov/Warnings/2024/CPSC-Warns-Consumers-to-Immediately-Stop-Using-SafPow-and-AMPOWSURE-Battery-Chargers-Sold-on-Amazon-com-Due-to-Fire-and-Burn-Hazards-Risk-of-Serious-Injury-and-Death.
\91\ https://www.cpsc.gov/Warnings/2025/CPSC-Warns-Consumers-to-Immediately-Stop-Using-Swagtron-SG-5-Swagger-5-Boost-Commuter-Electric-Scooters-Due-to-Fire-and-Burn-Hazards-Risk-of-Serious-Injury-and-Death.
\92\ https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Hoverboards.
\93\ https://www.cpsc.gov/Newsroom/News-Releases/2023/CPSC-Calls-on-Manufacturers-to-Comply-with-Safety-Standards-for-Battery-Powered-Products-to-Reduce-the-Risk-of-Injury-and-Death.
[GRAPHIC] [TIFF OMITTED] TP24JN26.039
[[Page 38191]]
IV. Voluntary Standards Description, Assessment, and Substantial
Compliance
In this section of the preamble, we describe the requirements of
each of the three voluntary standards CPSC proposes to incorporate by
reference and assess the adequacy of each standard, including proposed
modifications to these standards, to preliminarily determine whether
the NPR would address the risks of injury with the associated hazards
identified in section III of this preamble. Additionally, we discuss
whether the micromobility products distributed in U.S. commerce
substantially comply with the existing applicable voluntary standards.
A. eBikes--UL 2849-20
In January 2020, ULSE published UL 2849-20, the bi-national safety
standard for eBike electrical systems, which is still the current
version of this standard. The following discussion summarizes and
assesses the requirements in UL 2849.
1. Scope and Definitions
Introduction: Scope. Section 1 of UL 2849-20 sets forth the scope
of the standard, which includes (i) the electrical system of eBikes,
both Electrically Power Assisted Cycle (EPAC--pedal assist) and non-
pedal assist, that are powered by a lithium-based, rechargeable
battery, as well as (ii) any additional electrical components or
systems required to demonstrate compliance.\94\ Electrical systems
covered by the UL 2849-20 include onboard components, meaning those
installed on the eBike, and off board components, including chargers
used to charge batteries both on and off the eBike. UL 2849-20 includes
some mechanical requirements for the eBike that are not applicable to
the identified electrical hazards and are not proposed to be
incorporated by the proposed rule.
---------------------------------------------------------------------------
\94\ Sit-down products without functional pedals are classified
as an eScooter.
---------------------------------------------------------------------------
Introduction: Components. Section 2 of UL 2849-20 states that
critical safety components covered in the standard must meet the
requirements in the standard. Sections 2.2-2.4 provide general guidance
regarding the proper use and application of a component within the
eBike's electrical system.
Introduction: Definitions. Section 5 of UL 2849-20 defines terms
used in the standard, including, for example: battery management system
(BMS), charger, eBike, and enclosure. Defined terms provide context and
clarity to the construction, performance, and labeling requirements in
UL 2849-20. Accordingly, the NPR proposes to incorporate all
definitions in section 5 of UL 2849-20 into the mandatory rule without
modification.
2. Construction Requirements
The second major section of the standard is ``Construction,'' which
specifies assembly requirements for product components (e.g., battery
pack, motor, charger and wiring), subsystems (e.g., definition of
hazard voltage and energy levels), and safety considerations (e.g.,
safety circuits and analysis and flammability) that ensure that the
eBike electrical system is comprised of components that meet applicable
safety standards (e.g., the motor complies with UL 1004-1, Rotating
Electrical Machines--General Requirements) and are assembled in
accordance with industry best practices. To mitigate the associated
eBike risks to consumers, the ``Performance'' section of UL 2849-20,
described below in section IV.A.3 of this preamble, defines the test
methods to validate composition of the overall electrical system and
components under foreseeable use and misuse conditions.
Construction: 7 General. Section 7 of UL 2849-20 specifies general
construction of safe electrical requirements for eBikes. For example,
section 7.3 of UL 2849-20 states that eBikes consist of both EPAC and
non-EPAC types, and all eBikes must have functional pedals. Products
without pedals are definitionally not eBikes and would be considered a
sit-down eScooter subject to UL 2272. Also, section 7.3 states that
motors on motor-assisted eBikes (EPACs) must stop their assist function
when the rider stops pedaling, when reaching a manufacturer's pre-
determined speed, or when the user applies the brakes, to ensure that
the drive system only assists the rider in the EPAC mode of operation,
as would be expected. Motors for non-EPAC eBikes are not required to
disengage when the user stops pedaling, because the eBike in the non-
pedal assist mode of operation is expected to provide motive power
independently of the user pedaling. Also, UL 2849-20 states that non-
EPAC eBikes can include an EPAC mode.
Section 7.4 requires the eBike electrical system to be assessed for
safe operation for environmental conditions of maximum altitude (6562
feet), ambient temperatures from 32 [deg]F to 104 [deg]F, and ingress
protection from water exposure (section 36). If electrical systems can
safely operate beyond these environmental limits, UL 2849-20 requires
the manufacturer to specify the acceptable limits and provide
instructions to inform consumers of the actual range of operation.
Construction: 8 Power Levels. Section 8 of UL 2849-20 defines
thresholds for voltage, current, and energy levels associated with the
eBike electrical system; systems that exceed these thresholds are
potentially hazardous and require design considerations to protect the
user. To mitigate these hazardous conditions, these parts or circuits
require an enclosure and or electrical insulation to prevent a user
from contacting the parts.
Staff have not identified electric shock incidents involving
micromobility products in the data examined. However, at this time the
majority of micromobility product batteries are rated below 60 VDC. As
micromobility products become more powerful and extend the range of
operation, battery packs may exceed 60 VDC and can present a greater
shock hazard. Furthermore, chargers (both external and those integrated
into the micromobility product) are powered from 120 VAC utility power.
As with any 120 VAC-connected product, the inherent risk of electric
shock while using a charger may be mitigated through design and
construction techniques consistent with appropriate standard industry
practices. Staff advise that the voltage and current limitations in
section 8, in conjunction with other sections of the standard, are
based on well-established consumer product safety best practices and
adequate to address the shock and fire hazards associated with eBikes.
Construction: 9 Combination of Battery, Battery Management System
and Charger. Section 9 explains that a BMS can be either fully
integrated into the battery pack or external to the battery pack.
Additionally, section 9.2 of UL 2849-20 requires that all testing be
performed with the actual battery, BMS, and charger recommended by the
manufacturer. Staff advise that evaluating the BMS in conjunction with
the battery and charger, as provided in section 9, is necessary to
ensure that these subsystems work together to mitigate the risk of
causing cell damage and thermal runaway.
Construction: 10 User Protection While Charging--eBike battery
packs are charged either while installed on the bike or while removed
from the eBike, depending on the eBike. To ensure that consumers do not
get shocked in the process of charging an eBike or battery pack,
section 10.1 of UL 2849-20 requires batteries that are only intended to
be charged when not installed on an eBike to have an inherent means to
[[Page 38192]]
ensure that the battery cannot be charged when installed on the
product.
Also, UL 2849-20 requires that eBike batteries being charged when
they are installed on the eBike must protect consumers from a shock
hazard from any exposed conductive surfaces of the eBike during
charging. To meet the requirement, manufacturers must use a protection
system, such as double insulation systems or protective grounding,
onboard the eBike. Finally, to prevent potential injury to consumers
from inadvertent operation of the drive motor, eBikes must have a
charger connect-interlock to prevent the motor from activating while a
charger is plugged into an outlet. eBikes without an interlock must
provide another means of preventing inadvertent motor activation, such
as a switch to keep power from being applied to the motor drive circuit
while charging the battery.
Section 10 of UL 2849-20 is adequate to protect consumers from
electric shock and death during charging because the standard addresses
potential electrical injuries during both on-board and off-board
charging based on requirements that are well-known and tested in other
similar voluntary standards. For example, the protective grounding
requirement of section 10.2.3, the grounding and bonding requirement of
section 10.2.4, and the double insulation requirement of section 10.2.5
are common to electrical standards and these requirements are contained
in many electrical standards, including UL 2580 and in UL 2594--
Electric Vehicle Supply Equipment.
Construction: 11 Battery Packs--Addressing one of the hazard
patterns identified above (table 4, unsafe battery) to ensure safe use
of battery packs, section 11 of UL 2849-20 requires that lithium-ion
battery packs comply with UL 2271-23 or UL 2580-22, Batteries for Use
in Electric Vehicles.
UL 2271-23 and UL 2580-22 address the risk of thermal runaway and
fire in a battery pack used in a motive platform by requiring:
Protective circuits (i.e., BMS) that shut down the
charging or discharging of a battery if the normal limits of cell
voltage, current, or temperature are exceeded;
Mechanical and environmental tests, such as vibration
endurance, drop, crush, thermal cycling, immersion and external fire
exposure, to ensure battery packs can safely withstand a reasonable
range of operating conditions;
Thermal cycling to evaluate the ability of the battery
pack of the eBike to withstand rapidly changing temperatures such as
those encountered by moving a battery pack from an unheated garage in
winter into a heated house;
Secondary lithium cell manufacturing production line
testing to ensure sufficient safety measures that mitigate internal
short circuits, overcharge, crush, impact, mechanical shock, vibration,
heating and other hazardous conditions during the life of the cells;
and
Single cell failure mitigation requirement to prevent a
significant external hazard from a thermal runaway failure spreading to
neighboring cells that could lead to a thermal runaway of that cell.
These UL standards are adequate to address the risk of thermal
runaway because each has a BMS or protective cell requirement that
provides for shut off of the electrical circuit if an individual
battery or battery pack is operating outside of its safe operating
region. Cutting off the circuit as soon as the battery closely
approaches the limit of its safe operating range limits the progression
of the underlying chemical reactions contributing to thermal runaway
and reduces the probability of a hazardous thermal event. Each of these
UL component standards also contains individual cell and battery pack
enclosure requirements, and mechanical and environmental tests to
simulate use and abuse of the battery/electrical system. Batteries
complying with UL 62133-20, Secondary Cells and Batteries Part 2:
Lithium Systems or UL 2054-21, Household and Commercial Batteries are
also permitted to be used but must pass the tests in section 11.2 of UL
2849-20, which evaluate the battery/BMS to ensure it safely withstands
normal and foreseeable misuse conditions for eBike electrical systems.
Accordingly, incorporating these requirements into the rule improves
the total safety of the eBike electrical system.
One of the hazard patterns identified in the incident data (table
4) is tampering. Section 11 of UL 2849-20 is not adequate to address
the risks associated with users accessing the battery compartment.
Consumers may attempt to modify or replace battery packs, including
individual cells, even though they are not intended to be replaced or
modified by the consumer. For example, in IDI No. 220908CCC1340, a
consumer opened an eSBscooter and removed the battery pack. Although
the incident product was an eSBscooter, this battery modification risk
applies to all micromobility products within the scope of the rule,
including eBikes.
To address this risk, the NPR proposes an additional requirement in
relation to section 11 of UL 2849-20 that would reduce the likelihood
of consumers easily accessing the battery compartment using common
household tools, such as a flat blade or Philips head screwdriver. The
new requirement, as stated in proposed Sec. 1265.2(b)(1), would
require a battery compartment to be inaccessible using simple household
tools or to be ultrasonically welded or secured by equivalent means,
such as adhesives compliant with UL 746C or tamper-proof screws.
Construction: 12 Safety Circuits and Safety Analysis--To address
one of the hazard patterns identified in the incident data (table 4,
Unsafe Charging and Discharging), section 12 of UL 2849-20 requires the
manufacturer to perform a safety analysis of their product to determine
the specific fire and shock risks. This analysis sets the testing
parameters such as the maximum charging voltage and current and the
maximum temperature of the battery. The safety analysis must show that
the BMS will limit or shut down the charging or discharging if normal
limits of the battery are exceeded. The analysis is used to determine
the electrical specification in the Performance section of UL 2849-20.
Finally, the safety analysis ensures that protective circuits monitor
events such as maximum assist speed and cutoff assistance due to
braking, to mitigate the risk of thermal runaway. Staff advise that the
required safety analysis in section 12 of UL 2849-20 is necessary to
ensure that a BMS or other critical protective circuit addresses the
potential hazards associated with eBike electrical system performance.
The required evaluation and the described methods have been key
elements of many other electrical voluntary standards, such as section
6.6.4 of UL 2054 and section 13 of UL 2580.\95\
---------------------------------------------------------------------------
\95\ UL 2054 was published in May 1997 and UL 2580 was published
in October 2011; both predate UL 2849-20.
---------------------------------------------------------------------------
Construction: 13 Enclosing and Insulating Hazardous Parts--To
reduce the risk of electric shock and thermal runaway that can lead to
fires, section 13 of the UL 2849-20 requires eBikes to have one or more
enclosures that contain all hazardous live electrical parts, including
battery packs. Required enclosures must have sufficient strength and
rigidity to withstand the potential physical abuse associated with the
intended use of eBikes. This section sets forth requirements for the
types and durability of materials for these enclosures, including
nonmetallic and metallic materials, and criteria to
[[Page 38193]]
determine the suitability of polymeric materials, gaskets, and seals.
For example, non-metallic materials must have a minimum flame
rating and consider suitability factors such as: resistance to impact;
crush resistance; abnormal operations; severe conditions; and mold
stress relief distortion. The enclosure itself must also be subject to
the impact test in section 33 of UL 2849-20. Enclosures, frames, or
handles on the eBike must not have sharp edges that would create a risk
of injury during the normal use and maintenance of the product.
Finally, openings in an enclosure must be designed to prevent
inadvertent access to hazardous electrical parts.
UL 2849-20 also contains the following requirements that are
consistent with other electrical standards, representing the best
practices for safe electrical components, and CPSC preliminarily
assesses that these requirements provide adequate protection to the
consumer.
Construction: 14 Mounting--Section 14 of UL 2849-20 requires that
components that are mounted on the eBike be subjected to the vibration
test in section 38 of the standard, as described in section IV.A.3 of
this preamble. Vibration tests are commonly used in other electrical
standards, such as section 35 of UL 2580 applicable to lithium-ion
batteries, to ensure that components and connections remain functional
and within the safe operating envelope even when subjected to dynamic
loading. Applying the vibration test to the battery/battery pack and
the entire eBike thus addresses electrical shock and fire hazards.
Construction: 15 Printed Wiring Boards--Section 15 of the UL 2849-
20 requires printed wiring boards to comply with the requirements in UL
796, and to have a flammability rating as described in section 17 of UL
2849-20. Staff advise that this requirement is adequate to address
flammability and construction risks associated with printed wiring
boards, and that this requirement is consistent with other electrical
standards that reference UL 796 to establish safety requirements for
printed wiring boards.
Construction: 16 Spacings and Separation of Circuits--To prevent
electrical shocks and fires, section 16 of UL 2849-20 requires physical
spacing between parts of opposite polarity. Proper spacings prevent a
short circuit, i.e., an unintentional connection that draws excess
current in the circuit and produces extreme heat, stresses components/
wires, and can cause fires. As the voltage between two electrical
points increases, the distance between them must comply with section 16
to prevent arcing, which could create an electrical shock and/or fire
hazard. Section 16 of UL 2849-20 outlines what the minimum physical
spacing must be, both through air and over-the-surface. Staff advise
that the requirement for electrical spacings and table 16.1 are common
electrical construction requirements that are consistent with other
electrical standards and have been effective in preventing short
circuits that can lead to fires.
Construction: 17 Flammability--To ensure that nonmetallic eBike
parts do not propagate flames or fire, section 17 of UL 2849-20
requires such nonmetallic materials used for enclosures, internal
parts, or internal parts of components, to meet the flammability
requirement specified in UL 94. UL 94 specifies test procedures to
classify polymeric materials based on their vertical flammability
performance. The ratings are V-2, V-1, and V-0 in order from least to
most flame resistant. These ratings are based on the amount of time it
takes for the test flame to extinguish, the afterglow to disappear, and
whether tissue paper ignites under the test sample. Staff advise that
the electrical industry has relied on the flame ratings in UL 94 since
the first edition of that standard in 1972, and that the industry has
relied on V-1 rated plastics for electrical enclosures as a suitable
means of fire containment for more than 50 years. However, stakeholders
have noted concerns with adverse health effects from the application of
some flame retardant chemicals in plastics and reported that plastic
battery enclosures using flame retardant plastic are ineffective in
containing a lithium-ion battery fire and therefore unnecessary.\96\ As
such, CPSC seeks comments on use of flame-resistant plastic for battery
enclosures.
---------------------------------------------------------------------------
\96\ January 10, 2024, CPSC staff Discussions with Green Science
Policy on Lithium-Ion Battery Standards https://www.cpsc.gov/s3fs-public/Green-Science-Policy-Meeting-Log.pdf?VersionId=sHgYg9z5yBmsMgQD9W1I9zpheKcysF.A.
---------------------------------------------------------------------------
Construction: 18 Internal Wiring and Terminals--Section 18 of UL
2849-20 requires wiring used in an eBike electrical system to be
insulated and acceptable for the purpose used, to prevent electric
shock and fires. This means that manufacturers must consider the
voltage, temperatures, and conditions of use. The wiring must be routed
and reliably secured to the eBike to reduce excessive strain on the
wires and to prevent loosening of wire connections and damage to
insulation during use of the eBike. External terminals, meaning
terminals that could be exposed to contact by the consumer and could be
used for charging, must be designed to prevent misalignment,
disconnection, or inadvertent short circuiting. Charging terminals must
be designed to prevent misalignment or short circuiting when connected
to the charging equipment. Any terminals presenting hazardous voltage
must be designed to prevent consumer access and must not be able to be
short-circuited by external metal parts. Wiring that may be flexed
during operation must comply with the Flexing Test in section 35 of UL
2849.
Staff advise that the wiring requirements in section 18 are
adequate to address the risk of shock and fire from wiring that is not
suitably routed, secured, and connected. Additionally, the temperature
and overcurrent requirements of this standard address the ability of
the wiring to carry the intended current without overheating of the
eBike electrical system.
Construction: 19 Overcurrent Protection--To prevent overheating of
the eBike electrical system, section 19 of UL 2849-20 requires that
power, control, and auxiliary circuits be sufficiently sized to prevent
overheating of the smallest conductor. UL 2849-20 requires compliance
with two applicable consensus standards for components: positive
temperature coefficient (PTC) overcurrent protection must comply with
UL 60730-1, and fuses must comply with UL 248-1. These standards have
long been commonly used in electrical system requirements, such as UL
1598, section 6.6, covering fuses used in Luminaires.
Construction: 20 Motors and Motor Controllers--To mitigate the
potential of shock and fires from overheating motors and motor
controllers, section 20 of UL 2849-20 requires that motors must not
overheat and motors in hazardous voltage circuits, meaning those that
have either an input voltage or output voltage considered hazardous
according to UL 2849-20, must comply with UL 1004-1 or CSA C22.2 No.
100. If the motor is not in a hazardous circuit, then motors are
required to comply with either UL 1004-1 or CSA C22.2 No. 100, or UL
2849-20 requirements. CPSC preliminarily assesses that section 20 is
adequate to mitigate shock and fires associated with overheating motors
and motor controllers because there is a reference standard covering
the entire motor assembly and the motor assembly is tested as part of
an eBike electrical system within the requirements of UL 2849-20.
Construction: 21 Operator Interface--Operator interface refers to
the part of the eBike that the user engages with by
[[Page 38194]]
touching or contacting a screen, switch, or other mechanical or
electrical switch, or lever, to actuate the motor or other electrical
controls of the eBike. Because the consumer interacts with the operator
interface, section 21 of UL 2849-20 requires hazardous electrical parts
to be adequately enclosed or protected to mitigate injury. If the
consumer has access to hazardous electrical parts, UL 2849-20 requires
that such parts be enclosed as described in section 13 of UL 2849-20;
the interface must also comply with section 21.2, requiring compliance
with UL 60950-1 or UL 62368-1, if the interface has battery circuits
with a touchscreen or high voltage backlights. CPSC preliminarily
determines that the requirement in section 21 is adequate to protect
consumers from shock due to exposure to hazardous electrical parts
through enclosure or testing to referenced electrical consensus
standards, which are commonly used in electrical standards.
Construction: 22 Grounding and Bonding--Grounding of electrical
current routes hazardous energy away from the consumer to prevent
electric shocks during charging and to facilitate tripping the branch
circuit breaker to remove power and prevent overheating if a ground
fault occurs, i.e., if a metal part that is not part of a circuit and
not intended to be electrically energized, becomes energized
accidentally. Section 22 of UL 2849-20 requires that eBikes use a
grounded and bonding system to achieve this protection. This
requirement applies to both on-board and off-board chargers (separate
power supply). Sections 22.2.1 through 22.2.11 reference and describe
adequate grounding and bonding requirements used in other electrical
consensus standards for this purpose. The requirements in this section
ensure that the eBike electrical system is designed and manufactured
with properly rated and integrated components and enclosures.
Accordingly, incorporating these requirements into the rule is adequate
to ensure the overall safety of the eBike electrical system.
CPSC preliminarily assesses that the grounding requirement in UL
2849-20 is based on well-established consumer product safety best
practices, included in consensus standards used in the industry to
address shock hazards such as UL 2594, Electric Vehicle Supply
Equipment, and adequate to address the shock and fire hazards
associated with eBikes.
Construction: 23 Chargers--The charger provides an electrical
voltage which, if properly matched to the maximum battery pack charging
voltage, will safely charge the battery using an electrical current
that is within the voltage, current, and temperature specifications of
the cells contained in the battery pack. UL 2849-20 requires compliance
with one of four consensus standards for power supplies: UL 1012, UL
1310, UL 60950-1, or UL 62368-1.\97\ These power supply safety
standards include requirements to ensure the safety of the charger with
respect to its operation, i.e., a charger that is compliant with these
standards will not itself pose a risk of fire or shock to users during
its normal and abnormal conditions. These standards find common use
across a wide range of products including laptop computers. CPSC
preliminarily assesses that section 23 of UL 2849-20 is adequate to
protect consumers from electrical shock and fire during charging
because the charger requirements in the reference standards above also
address electric shock and fire.
---------------------------------------------------------------------------
\97\ UL 1012--Power Units Other Than Class 2, UL 1310--Class 2
Power Units, UL 60950-1--Information Technology Equipment--Safety--
Part 1: General Requirements, or UL 62368-1--Audio/Video,
Information and Communication Technology Equipment--Part 1: Safety
Requirements.
---------------------------------------------------------------------------
Construction: 24 Electrical Cables and Connectors Between the eBike
and the Equipment--Electric cables can transport hazardous energy to
consumers if the cables break or if they are not constructed to carry
the intended electrical energy. Accordingly, eBike cables and
connectors must be suitably rated for use in the eBike. To address one
of the hazard patterns identified in the incident data (table 4, Unsafe
Charging and Discharging), and to prevent electric shock and fire
hazards associated with electrical cables and connections, section 24
of UL 2849-20 requires that cables used to connect off board equipment
to the eBike, such as a home eBike wall mount with integral charging
port/connector, be permanently connected to the charger or connected to
the charger with a connector that complies with section 24.2, which
requires compliance to UL 2251 or UL 1977. The cable itself must comply
with UL 62, which requires cables to be properly rated for anticipated
current and to be suitably rated for the voltage and temperature used
for the specific eBike. The conductor, which is the metal part of the
wire inside the insulation material, must be sufficiently sized to
conduct the anticipated current. Connectors used to connect off-board
equipment to the eBike, such as such a charging dock or right-angle
charging adapter, must comply with UL 2251 or UL 1977, and the
connectors must be suitably rated for the specific eBike use.
Based on staff's analysis, CPSC preliminarily assesses that section
24 is adequate to protect consumers against exposure to hazardous
energy from cables and connectors because the requirements are based on
long-standing effective consensus standards. UL 1977 is an industry-
recognized standard for electrical connectors and UL 2251 expands these
requirements to include additional electrical equipment charging
scenarios.
Construction: 25 Supply Connections--To address one of the hazard
patterns identified in the incident data (table 4, Unsafe Charging and
Discharging), section 25 of UL 2849-20 requires that chargers and all
other equipment located off board the eBike that is involved in
transferring power to the eBike must comply with the applicable
consensus standard for that equipment. CPSC preliminarily assesses that
this requirement is adequate to address the associated risk of injury.
3. Performance Tests
The third major section of the standard is ``Performance,'' which
establishes test methods and pass-fail criteria for the electrical
system of the eBike. These tests stress the electrical system,
including the battery and other electrical components, and require that
the electrical system stay within its specifications (as determined in
section 12) during normal and abnormal operations. Tests identified in
the Performance section are either conducted to stress the battery
pack, or the remainder of the electrical system of the eBike. Battery-
specific tests may be waived when the test contains an exception for
compliance with section 11.1(a) or 11.1(b).
Performance: 26 General--Section 26 of UL 2849-20 requires that
performance tests be conducted on representative electrical systems of
eBikes and outlines the basic testing required for determining battery
pack compliance and for determining whether the battery pack is
operational, before proceeding to other tests that may use the same
sample. Staff advise that these requirements are adequate tests to
ensure that hazardous outcomes such as fire or shock do not result from
exposures to foreseeable conditions such as excessive temperature or
current. Further, the range of temperatures, currents, abnormal
operations, etc., represented in section 26 adequately address the
failure modes seen in incidents and known to exist
[[Page 38195]]
from engineering experience with other products.
Performance: 27 Input Test--Staff identified unsafe charging and
discharging as a hazard pattern in the incident data (see table 4).
eBike charging is done by the consumer, typically while the eBike is
unattended, even when against the manufacturer's recommendation. As
such, the amount of energy going into the eBike during charging should
not be hazardous to the consumer or create a fire hazard. To address
this risk of injury, section 27 of UL 2849-20 requires that the input
current to an eBike while charging a fully discharged battery should
not be more than 110 percent of the manufacturer-rated input current.
For an external charger, the measured current shall not exceed the
charger's output current rating.
Charging a battery too fast or using more current than anticipated
could cause cells to overheat, particularly if the additional current
allows the cells to charge faster than the safe operating region as
defined by the cell's electrical specification. The charger plays a
critical role by making sure that the output current of the charger
limits the amount of energy going into the battery pack for safe
charging and no increased risk of fire. Based on staff's review, this
test is adequate to protect against possibly overcharging cells, which
would increase the risk of thermal runaway.
Performance: 28 Temperature Test--To address one of the hazard
patterns identified in the incident data (table 4, unsafe charging and
discharging), section 28 of UL 2849-20 ensures that safety critical
components in the eBike electrical system and the cells within the
battery pack do not exceed their temperature ratings while the eBike is
operating at the maximum rider weight and power and also when being
charged. Exceeding the temperature ratings could damage a component and
degrade its performance and create an unsafe condition. As such, the
standard ensures that cells are monitored to ensure that they do not
exceed their voltage, current and temperature ratings. Also, these
tests measure user-accessible surfaces on the eBike during the same
operating conditions to verify that the remain below acceptable limits
to prevent thermal contact burns. This test uses two procedures. In the
first, the battery, separate from the bike, is evaluated during
charging from full discharge and during discharge at a current
representing the manufacturer's rated maximum rider weight and
operating conditions until fully discharged in accordance with the
manufacturer's specified final voltage. The other procedure tests the
eBike with a power supply representing the battery pack under a
mechanical load reflecting the manufacturer's rated maximum rider
weight and operating conditions (such as speed, rider weight, or slope
angle). This test ensures that the drivetrain components do not exceed
their rated temperatures and fail, producing a risk of fire, shock, or
thermal burns conditions.
The discharge/charge cycles specified in sections 28.4 and 28.5 do
not indicate a timeframe between the termination of the full discharge
and the start of the next charge cycle. It is foreseeable, however,
that a user will ride an eBike or other micromobility product until the
battery dies and then immediately plug in the product to recharge. In
this situation, the battery cells may be at a temperature higher than
the manufacturer-specified maximum charging temperature. In IDI
240112CCC1726, for example, the original charger that came with the
eSBscooter was lost, and the consumer bought a replacement charger and
used it a number of times without incident. On the day of the incident,
after riding the eSBscooter until its battery depleted, the consumer
placed his eSBscooter on the charger in the garage. After a short
period of time the consumer's brother noticed smoke in the garage. The
fire investigator assessed that the hoverboard had exploded and a fire
ensued.
To address worst-case temperature scenarios such as this, where a
battery is charged immediately after discharge, the NPR proposes a
performance requirement based upon section 28.5 of UL 2849-20 but
further specifies that prior to the second and third charge/discharge
cycle in the test, the second charge cycle be initiated immediately
after the first full discharge. This modification tests whether the BMS
prohibits charging the battery if the cell surface temperature exceeds
the specified upper limit. This test is an existing requirement in UL
2272-24 but not UL 2849-20.
Performance: 29 Isolation Resistance Test--To prevent electric
shock to consumers through contact with any accessible part of the
eBike as well as thermal runaway, section 29 evaluates electrically
insulating materials to ensure that they have a minimum level of
resistance and do not conduct electricity that could pose a risk of
shock to a user contacting the insulation, or a short circuit that
could cause overheating and fire. This test also ensures that the
electrically insulating materials do not absorb moisture that could
decrease resistance. Moisture resistance is assessed in conjunction
with the section 31 humidity conditioning. CPSC preliminarily assesses
that these requirements are adequate to protect consumers from both
shock and from risk of overheating and fire.
Performance: 30 Dielectric Strength Test--To prevent an electric
short that can result in a shock or fire hazard as well as thermal
runaway, section 30 of UL 2849-20 prescribes a standard diagnostic test
procedure in which the electrical insulation and spacing between parts
are evaluated by imposing a high voltage on the circuits, looking for
weaknesses in the insulation or opposite polarity parts too close to
each other. Inadequate electrical insulation and spacing may result in
short circuits and fire, or inadequate user protection and electric
shock. The test occurs after other electrical tests, to make sure that
the underlying test condition does not result in the consumer being
exposed to an electrical hazard. Staff advise that the test method is
based on well-established consumer product safety best practices,
included in voluntary consensus standards such as UL 2580, covering
Batteries for Use in electric Vehicles, and is adequate to address the
shock and fire hazards associated with eBikes.
Performance: 31 Humidity Conditioning Test-- To address thermal
runaway and shock, section 31 of UL 2849-20 requires eBikes to comply
with the requirements for the Dielectric Strength Test, in section 30,
and the Isolation Resistance Test, in section 29, following exposure to
air having a relative humidity of 88 2 percent at a
temperature of 32 2 [deg]C (90 3.6 [deg]F).
The purpose of this test is to ensure that the eBike electrical system
does not present a fire or shock hazard due to environments with high
temperature and high humidity. Increased humidity lowers the surface
resistance of non-metallic parts. Testing for increased humidity
provides a critical condition for evaluating the minimum resistance
value of the electrical system, and CPSC preliminarily concludes that
section 31 adequately addresses the hazards associated with this
condition.
Performance: 32 Abnormal Operation Tests--To address unsafe
charging and discharging, section 32 of UL 2849-20 is a series of nine
tests for eBikes to evaluate the potential consequences to consumers of
product or component failure. During the tests in sections 32.2 through
32.10, the eBike must not emit flames or molten metal, or become a risk
of fire or electric shock. Section 32 requires the Abnormal Operation
Tests
[[Page 38196]]
to be conducted on separate eBikes. Following each test, any hazardous
voltage circuits are also subjected to the Isolation Resistance Test in
section 29 (without humidity conditioning) or the Dielectric Strength
Test in section 30. Each test must be continued until further change as
a result of the test condition is reduced significantly. These are
stress tests to ensure safe operation of the electrical system during
these extreme but foreseeable operating conditions.
Section 32.1, General, defines the failing criteria that constitute
a fire or shock risk as result of the abnormal operation tests being
conducted.
Section 32.2, Overcharging, tests assess the safe operation of the
electrical system due to a component failure in the charging protection
circuit that allows the battery to be overcharged by 10 percent, which
is consistent with the same requirement in UL 2580, which is a well-
established standard for electric vehicle batteries. As discussed
elsewhere, overcharging may lead to thermal runaway. An eBike that uses
a battery that meets the requirements in UL 2271-23 or UL 2580 is not
subjected to this testing because it already meets this requirement.
Section 32.3, Component Fault, assesses the safety impact of the
failure of a single electrical component in the input and output power
circuits. This includes capacitors, diodes, or solid-state devices
(e.g., transistors) that may fail. This test assesses the fault
tolerance of the input and output circuits to ensure that a single
component failure will not create a risk of fire, shock, or injury.
Section 32.4, Forced Ventilation/Blocked Ventilation, assesses
eBikes with forced and blocked ventilation for hazardous conditions to
consumers. The test requires the eBike to be operated with a fully
charged battery supplying electrical energy to the fan/ventilation
motor while the motor is in a locked state to determine whether the
electrical system shuts down prior to overheating or electrical shock
hazard. An eBike electrical system that relies on a fan or fans and
vents for cooling is tested with the ventilation fans disabled and the
ventilation openings blocked to ensure that these foreseeable fault
conditions do not result in a risk of fire, shock, or injury.
Section 32.7, Short Circuit, evaluates the ability of the eBike
battery pack to withstand short circuiting with a fault in the charging
control circuit. For these tests the battery pack is short circuited,
while each protective device in the charge control circuitry is shunted
to simulate its failure. Examples of protective devices include
overcurrent protection and temperature limiting fuses. An eBike that
uses a battery that meets the requirements in UL 2271-23 or UL 2580 is
not subjected to this testing because it already meets this
requirement.
Section 32.8, Imbalanced Charging, is a test on battery packs,
which consists of a number of cells connected electrically in series
and parallel. The cells are intended to all be at the same voltage
during charging and discharging. However, over time some cells may lose
their capacity more quickly than others and may not hold their charge
as long. When one or more cells are at a different voltage from the
remaining cells in the pack, this is an imbalance, creating the
potential for overheating when charging or discharging. This testing
forces a cell or cell block to be at a 50 percent higher SOC than the
rest of the cells and then charges the pack to ensure that the
imbalanced cells do not become overcharged. This is the same procedure
as in UL 2580. A battery that meets the requirements in UL 2271-23 or
UL 2580 is not subjected to this testing because it already meets this
requirement.
Section 32.9, Shock, ensures that the battery pack does not pose a
risk of fire or electrical shock as a result of a mechanical shock or
impact. The test requirements are the same as those in UL 2580-22. A
battery that meets the requirements in UL 2271-20 or UL 2580-22 is not
subjected to this testing because it already meets the requirement.
Section 32.10, Thermal Cycling, evaluates the ability of the
battery pack to withstand rapidly changing temperatures such as moving
a battery pack from an unheated garage in winter into a heated house.
The battery is placed in a conditioning chamber at one extreme of its
recommended ambient temperature range for at least 6 hours, then
switched to its opposite extreme rating in 15 minutes or less for five
cycles at each temperature extreme. At the end of the thermal cycling
the battery is subjected to a discharge/charge cycle. The thermal
cycling shall not cause the battery to create a risk of fire or shock.
A battery that meets the requirements in UL 2271-23 or UL 2580 is not
required to be subjected to this testing because it already meets this
requirement.
The abnormal operation tests in section 32 outline a program for
stressing batteries of eBike electrical systems that staff advise is
appropriate. The tests are waived for previously qualified
micromobility battery packs.
In addition, the following tests contribute to the overall safety
of the eBike electrical system, ensuring that it is designed and
manufactured in accordance with best industry practices with properly
rated and integrated components and enclosures.
Section 32.5, Locked Rotor Motor, evaluates whether the drive motor
can safely withstand a locked rotor condition, which would simulate a
motor becoming jammed and not able to spin. The motor must not exceed
temperatures that could ignite tissue or cheesecloth. The motor rotor
is locked for seven hours and temperatures monitored. The motor can be
tested on the bike or removed if the motor temperatures cannot be
measured with the motor installed. Motors that have already been tested
to one of the equivalent UL 1004 series electric motor standards do not
need to satisfy this test. This requirement is intended to ensure that
a locked motor condition will not result in a fire that could propagate
and ignite the battery.
Section 32.6, Running Overload, evaluates a motor's ability to
safely withstand an overload condition in conditions such as going up a
very steep grade, carrying a rider weighing more than the specified
limit, or a failing wheel bearing. Similar to the locked rotor test, a
motor that is not tested for compliance with one of the UL 1004 series
electric motor standards must not exceed temperatures that could ignite
tissue or cheesecloth. For this testing, which may be conducted with
the motor removed from the vehicle, load is progressively increased
until overload protection activates or the motor's windings fail. This
requirement, too, is intended to ensure that a locked motor condition
will not result in a fire that could propagate and ignite the battery.
Additional Requirement Addressing Incompatible Chargers--UL 2849-20
does not address the risk of electric shock and fire associated with
use of an aftermarket eBike charger that uses the same charging
connector as the OEM charger but is configured in the opposite
polarity, i.e., the positive and negative contacts reversed. The
reversed polarity of an aftermarket charger may result in a cell being
exposed to an out-of-specification voltage, causing excessive current
and possibly fire or damage to the cell. For example, in IDI
240112CCC3378, the consumer plugged in an aftermarket charger to an
eSBscooter. The consumer smelled smoke and the eSBscooter emitted
sparks after charging for approximately 30 minutes. An unsafe rapid
discharge can occur if the charger's output connector polarity is the
reverse of the
[[Page 38197]]
battery polarity. Although this incident occurred on an eSBscooter,
this incident is also possible with eBike electrical systems if the
charger connector polarity is reversed. Section 18.4 of UL 2849-20
requires the OEM eBike charger output connector polarity to match the
micromobility battery polarity.
To address the unreasonable risk of injury and death associated
with incompatible chargers with reversed polarity from the battery, the
NPR proposes to add a reverse polarity test to section 32 of UL 2849-
20. The test would require, while monitoring temperature, a reverse
voltage to be applied to the eBike electrical system for 4 hours or
until a fire or explosion occurs. The test would require that no
reverse voltage be imposed on the battery cells. This would require the
eBike's electrical system to have a means to prevent an incorrect
charging polarity from damaging the battery pack.
Other Performance Requirements addressing Fire and Shock Hazards
not associated with Battery Thermal Runaway--The requirements below
address fire and shock hazards not associated with battery thermal
runaway and contribute to the overall safety of the eBike electrical
system, ensuring that products are designed and manufactured in
accordance with best industry practices with properly rated and
integrated components and enclosures. Accordingly, incorporating these
requirements improves the total safety of the eBike electrical system.
Performance: 33 Impact Test--Section 33 of UL 2849-20 subjects an
eBike to blows simulating objects hitting the eBike in intended and
foreseeable misuse conditions, to determine whether such impacts pose a
risk of electric shock or fire hazard to the consumer. Section 33
requires the battery enclosure to withstand an impact of 6.8 J (5 foot-
pounds) by dropping a 535g (1.18 pound) steel ball onto the battery
enclosure from a height of 1.29 m (51 inches). All exposed surfaces of
the battery enclosure must be tested. Additionally, eBikes must not
show signs of cracking or other deleterious effects from the oven
conditioning and must not be distorted. After the impact test, any
openings resulting from the test must be assessed for access to
hazardous live parts. This impact test is commonly used in other
electrical standards such as section 62.3, Steel Sphere Impact Test, in
UL 1449, covering Surge Protective Devices. CPSC preliminarily assesses
that the impact requirements are adequate to evaluate whether the eBike
electrical system poses an electric shock or fire hazard to the
consumer.
Performance: 34 Mold Stress Test--Section 34 of UL 2849-20 tests
for shrinkage or distortion of an eBike thermoplastic enclosure that
could result in consumer exposure to hazardous parts or reduced
electrical spacings. Fully discharged eBike samples must first be
conditioned in an oven for seven hours. After removal from the
conditioning oven and cooled to room temperature, each sample is
subjected to the Isolation Resistance Test in section 29 (without
humidity conditioning) or the Dielectric Strength Test in section 30,
and there must be no damage of the eBike system enclosure that would
allow access to parts of hazardous voltage, as tested by using the 2.5
mm diameter by 100 mm long rod described in UL 2271-23 and the
articulate finger probe used in Figure 18.1 of UL 2849-20. Based on
staff's review, CPSC preliminarily concludes that the requirements of
the mold stress test are adequate at protecting the consumer from
electrical shock because the requirements are based on well-established
consumer product safety best practices and included in voluntary
consensus standards such as UL 1449, Surge Protective Devices.
Performance: 35 Flexing Test--Section 35 of UL 2849-20 evaluates
the protection of wiring that is subject to movement during use of the
eBike to ensure that the wires do not fray and become damaged and pose
a risk of fire or shock by creating conditions for an internal short.
The moving part is flexed 500 cycles, then subjected to a dielectric
voltage withstand test as in section 30 to assess the continued
effectiveness of the electrical insulation properties of the wires. The
wires are also visually inspected for any other signs of fraying or
compromised insulation that would contribute to a possible short
circuit between conductors of opposite polarity or to metal parts that
are accessible to the user. CPSC preliminarily finds that this test is
adequate to assess risks of fire and shock related to wire flexing
because the test method is substantially similar to the flexing test in
section 11.9, Cord Sets and Power Supply Cords, in UL 817, which has
demonstrated value in protecting consumers.
Performance: 36 Ingress Protection Tests--Section 36 of UL 2849-20
evaluates the ability of the eBike to withstand potential water
exposure. The test requires the eBike battery enclosure be exposed to
splashing water in accordance with the Standard for Degrees of
Protection Provided by Enclosures (IP Code), IEC 60529, Tests for
Protection Against Water Indicated by the Second Characteristic Numeral
4 (IPX4). IPX4 corresponds to a splash rating. If the equipment is
operational after water exposure, a charge and discharge cycle is
conducted. There should be no indication of shock or fire hazard. If
the manufacturer intends for the eBike to withstand a higher level of
water resistance, then the eBike shall be evaluated and marked
accordingly. As discussed in the Marking and Instructions section
below, the NPR additionally proposes that instructions must include
warnings and appropriate actions that consumers should take to avoid
injury in the event that an eBike submerges in the water.
Performance: 37 Permanence of Marking Test--Section 37 of UL 2849-
20 requires a test to determine the permanence of required marking and
labeling adhered to the product surface, unless the labels already
comply with UL 969, Marking and Labeling Systems (UL 969). The test
requires soaking a cloth with water and then rubbing the label with the
cloth for 15 seconds; the same test is then repeated using a cloth
soaked with the petroleum spirit in section 37.3. After rubbing with
water and the petroleum spirit, the label should not show evidence of
damage, including curling, should still be legible, and should not be
easily removable by hand. This test is commonly used in electrical
standards relying upon product labeling to inform consumer about
technical ratings and other safety information related to the safe use
of electrical products, including UL 1449, the Standard for Surge
Protective Devices, and ANSI/UL 1598-2021 & CSA C22.2 No. 250.0:21, the
Standard for Luminaires. CPSC preliminarily assesses that the
permanency requirement is adequate to ensure required markings and
labels retain their utility after exposure to reasonably foreseeable
environmental conditions.
Performance: 38 Vibration Test--As stated in the discussion on
section 14, components that are mounted on the eBike must be subjected
to the vibration test in section 38 of the standard. CPSC preliminarily
concludes that this test is adequate at assessing hazards related to
vibration because vibration testing of the battery pack ensures minimum
mechanical integrity of the components. Moreover, these tests are
commonly used in other electrical standards, such as section 35 of UL
2580, which is applicable to lithium-ion batteries. Subjecting the
entire eBike to the vibration test is a best practice to mitigate
electrical shock and fire hazards and CPSC preliminarily assesses that
it is necessary to ensure the battery pack maintains safe
[[Page 38198]]
operations after being exposed to dynamic loads expected during
reasonably foreseeable use conditions.
Performance: 39 Strain Relief Test--Section 39 of UL 2849-20
evaluates the strength of interconnecting cables to withstand pulling
and pushing against electrical wires during eBike use, using a strain
relief pull and push back test. The test is designed to determine
whether the movement of conductors results in a reduction of electrical
spacings or exposed electrical conductors, potentially creating an
electrical shock or fire hazard. The strain relief test assesses
whether an interconnecting cable is prevented from being pushed or
pulled into the product through the cord entry hole, which could expose
the cable to mechanical damage, high temperature, reduced spacings, or
internal damage to connectors or components. This test to protect
consumers from shock and fire hazards is commonly used in electrical
standards, such as UL 1449, Surge Protective Devices, section 57, and
has been widely accepted by industry.
4. Sections That Are Out-Of-Scope of the Proposed Rule
The NPR does not propose to require two sections of UL 2849-20 that
address mechanical rather than electrical hazards associated with
eBikes: section 40 of UL 2849-20, Performance: Startup Assistance Mode
Test, which evaluates the eBike startup assistance mode; and section 41
of UL 2849-20, Performance: Motor Assistance Control Test, which
assesses the motor assistance of EPAC eBikes.\98\
---------------------------------------------------------------------------
\98\ On March 15, 2024, the Commission has issued an advance
notice of proposed rulemaking concerning eBike mechanical hazards.
89 FR 18861.
---------------------------------------------------------------------------
5. Marking and Instructions
Marking: 42 General--Section 42 of UL 2849-20 contains general
marking requirements. Markings must be legible and have an adhesive
backing compliant with UL 969 and CSA C22.2 No 0.15, or the label must
comply with the permanency test in section 37. CPSC preliminarily
assesses that these are adequate requirements to ensure permanency as
the markings and labeling systems are referenced across not only UL
standards, such as UL 507 Electric Fans and UL 749 Household
Dishwashers, but also ANSI standards (e.g., ANSI/OPEI B175.3 Internal
Combustion Engine-Powered Hand-Held Grass Trimmers and Brushcutters,
ANSI 325 Door, Drapery, Gate, Louver, Window Operators and Systems).
Marking: 43 Nameplate and Identification--Section 43 requires
eBikes to be marked with the manufacturer's name or other descriptive
marking identifying the organization, part number, model number,
electrical ratings, and date of manufacture. Section 43 also requires
that if the product has been manufactured at more than one factory
location, the markings must include a distinctive marking to identify
that the product was manufactured in a particular factory. Based on
staff's review, the above requirements are adequate to position
consumers to order the correct replacement parts and respond to a
recall when necessary. The requirement to display such product
identifying information is consistent with other consumer product
safety standards such as those for durable infant or toddler products.
Section 43.3 states that if an eBike is sold with a battery pack
that has its battery management system residing in components or
circuits outside the battery pack, then the eBike must display the
following statement or an equivalent: ``Use Only Charger (__).'' The
blank must contain identifying information for the charger. Section
43.4 requires that all external terminals and connections, including
the battery terminals if the battery pack is not keyed,\99\ be provided
with identification and, if applicable, with polarity markings. These
requirements reduce fire risk by informing consumers about the specific
charger that is compatible with the eBike and accurately identifying
the external terminals, connections, and polarity markings.
---------------------------------------------------------------------------
\99\ Keyed means the charging input connector is designed so
that it fits into the micromobility product only one way.
---------------------------------------------------------------------------
Marking: Cautionary Markings--Section 44 requires specific wording
for cautionary markings on eBikes and specifies required text
formatting. The primary voluntary consensus standard providing
guidelines for the design of safety signs and labels for application to
consumer products is ANSI Z535.4, American National Standard Product
Safety Signs and Labels.\100\ The ANSI standard includes
recommendations for the design, application, use, and placement of
warning labels. CPSC relies on ANSI recommendations when assessing the
adequacy of warning design for voluntary standards, including this
assessment of the warnings in UL 2849-20. The safety hierarchy or
hazard control hierarchy is a priority scheme to address product
hazards. The fundamental sequence of priorities in the safety hierarchy
includes three approaches to address product safety: (1) design out the
hazard; (2) guard against the hazard; and (3) warn about the hazard.
For a warning to be effective, it must first capture the user's
attention. People do not typically seek out warnings, therefore
warnings must be located prominently and have design characteristics
that make them stand out. Further, the content of the warning must
motivate safe behavior.\101\ When assessing the adequacy and efficacy
of a warning, CPSC considers a warning's content, design, and location.
---------------------------------------------------------------------------
\100\ American National Standards Institute (2023). ANSI Z535.4.
American National Standard for Product Safety Signs and Labels.
Rosslyn, VA: National Electrical Manufacturers Association.
\101\ Laughery, K.R., & Wogalter, M.S. (2006). Designing
effective warnings. In R. Williges (ed.) Reviews of Human Factors
and Ergonomics, Vol. 2. (pp. 241-271), Santa Monica, CA: Human
Factors and Ergonomics Society.
---------------------------------------------------------------------------
Section 44.1 describes specific wording to utilize in a cautionary
marking and specifies text height requirements, such as requiring use
of the word ``CAUTION'' or ``WARNING,'' and requiring that the letters
shall not be less than 3.2 mm (\1/8\ inch) high, and the remaining
letters be at a minimum of 1.6 mm (1/16 inch) high. Although text sizes
required by UL 2849-20 are within the dimensions suggested by ANSI
Z535.4 for small products (table B1), eBikes are not small products.
Therefore, the NPR proposes to increase the text size requirement to 5
mm (0.2 inch) for the signal words (e.g., ``WARNING'') and 2.5 mm (0.1
inch) for the remaining letters, which aligns with ANSI Z535.4
recommendation for a 2-feet viewing distance, which is a likely
distance from which these warnings would be viewed.
Section 44.1 also states that ``WARNING'' or ``DANGER'' can be used
as alternatives for ``CAUTION.'' Allowed signal words (e.g., WARNING,
DANGER, CAUTION) are commonly used signal words for cautionary markings
in the safety literature, including ANSI Z535.4.
Section 44.2 requires that cautionary markings remain visible and
legible during normal eBike operation and cannot be located on a
removable component. If a marking appears on a removable component,
removal of that part must impair the operation of the entire product;
in addition, the marking must be visible and legible to the operator
during normal operation of the unit. CPSC preliminarily assesses that
the visibility requirement in UL 2849-20 is adequate to provide visible
and legible cautionary markings because ANSI Z535.4 states that
warnings must be placed so they are ``readily visible to the intended
viewer'' and will ``alert the viewer to the hazard in time to take
[[Page 38199]]
appropriate action'' (section 9.1). However, the requirement for
warnings to be visible and legible to the user while riding the eBike
may not be appropriate for the battery-related warnings because
research shows that most effective warnings are placed proximate to the
hazard.\102\ CPSC preliminarily determines that locations that are
proximate to the battery would be more effective for warnings that are
related to batteries and for the proposed warnings discussed below, the
NPR proposes specific locations that may supersede 44.2.
---------------------------------------------------------------------------
\102\ Wogalter, M.S., Conzola, V.C., & Smith-Jackson, T.L.
(2002). Research-based guidelines for warning design and evaluation.
Applied Ergonomics, 33, 219-230. https://doi.org/10.1016/S0003-6870(02)00009-1.
---------------------------------------------------------------------------
Section 44.3 of UL 2849-20 requires a replacement marking for user
replaceable fuses. Either the fuse or fuse holder must be labeled if
the fuse reduces the risk of fire or electric shock and the fuse is
user replaceable. The marking must be readily visible during
replacement of the fuse, consist of the word ``WARNING,'' and contain
the following statement or equivalent: ``Risk of Fire and Electric
Shock--Replace Only With Same Type and Ratings of Fuse.'' Warning
information should include a description of the hazard and instructions
for specific actions to avoid or prevent the hazard.\103\ Staff assess
that the warning content of the user replaceable fuse label includes
both a description of the hazard and how to avoid it and is therefore
clear and adequate. In addition, the placement for fuse warnings is
adequate because it follows ANSI recommendations and ensures the
warning is readily visible to the consumer during replacement of the
fuse.
---------------------------------------------------------------------------
\103\ Ibid.
---------------------------------------------------------------------------
Warning Statement Formatting: An effective warning label first must
be visible and noticeable, and it must capture and maintain consumers'
attention. ANSI Z535.4 includes several design requirements that UL
2849-20 is lacking. To align with ANSI Z535.4 and improve the
noticeability of the warning labels, the NPR proposes an additional
marking requirement in new section 44.4 of UL 2849-20 and applicable
for all warning statements in the standard. The new provision would
require formatting modifications to the warning statements to, for
example, be in contrasting color to the background; require the safety
alert symbol and signal word to be in black letters on an orange
background if the label is already using color processing; and specify
heights and fonts of safety messaging.
Homemade Battery Warning: Staff reviewed four incidents involving
homemade batteries, three of which resulted in a fatality. In one
incident (IDI 220908CAA1357), the victim and his landlord were
manufacturing, repairing, charging, and selling lithium-ion batteries
in the basement of their residence. In the second incident (IDI
220413CAA1350), the victim was reportedly manufacturing lithium-ion
battery packs and repairing micromobility units in his apartment. A
lithium-ion battery pack self-ignited, resulting in a fire and death of
the victim. In the third incident (IDI 230213CAA1777), the victim and
his pets died in a house fire that involved homemade batteries. In the
fourth incident (IDI 200909CFE0001), the consumer ``used parts of a
camper battery to make his homemade bike battery . . . and built a
system on the bicycle to use the battery for power.'' According to the
fire investigator and the consumer, the homemade battery was charged
for several hours just before the fire occurred. No injury was
reported.
CPSC assesses from the IDIs that a warning describing the
consequences of using homemade batteries on micromobility products
would help deter consumers from utilizing or manufacturing homemade
batteries described in the reported incidents. Accordingly, the NPR
proposes that eBikes include a warning against the use of homemade
batteries. The proposed language stating ``WARNING--Homemade batteries
have caused fire and death. Never use a homemade battery with your
[type of product]'' describes hazard, the severe consequences of using
homemade batteries (fire and death), and how to avoid the hazard.
Lifetime of the Battery/Charging Frequency: CPSC is aware of
several fire incidents involving the charging of a micromobility
product battery after an extended period of disuse. In one incident
(IDI 231114HCC3195), a consumer purchased an eBike and stored it in a
garage for almost a year before charging it for the first time. The
consumer later found soot and smoke damage in the garage and that the
battery of the eBike had exploded. The consumer's neighbor was a fire
commissioner and determined that the cause of the fire was the battery
suffering thermal runaway, which caused the battery cells to rocket
out.
Another incident (IDI 220428CFE0001) led to fatalities of two
children involved an eScooter battery that had not been used for over
three months. In another OMP incident (IDI 211130HFE0002), an
inoperable eScooter caused a fire after the battery was plugged in for
charging for approximately one year.
To address the risk of fire from infrequent charging of lithium-ion
batteries, the NPR proposes to add a new section 44.6 building on UL
2849-20, requiring cautionary markings to include language informing
consumers about the frequency with which to charge the lithium-ion
battery and when to discard the battery. If the battery is not
replaceable, the warning must be on the eBike including on the battery;
if replaceable, the warning must be located on the battery. This
language will alert consumers to safer battery charging behavior,
particularly focusing on the amount of time since the last battery
charge and whether the battery is still safe and functional for use.
Hazardous Voltage Warning: UL 2849-20 does not contain a warning
about hazardous voltage circuits, even though the standard defines the
threshold for a circuit to be operating at a hazardous voltage.
Therefore, the NPR proposes to add a new section 44.7 to UL 2849-20,
which adds a warning statement for such products to inform consumers
that hazardous voltage may be present, stating ``Warning: Hazardous
Voltage Circuits'' or using an International Organization for
Standardization (ISO) symbol for this hazard and that consumers should
not open the enclosure.
Non-Replaceable Battery Warning: Staff also observed that UL 2849-
20 does not have a warning about batteries that are not user
replaceable. eBikes with non-replaceable batteries must include
warnings about a potential electric shock and fire hazard resulting
from opening, disassembling, repairing or modifying the battery.
Accordingly, to address the risk of shock and fire to consumers, the
NPR proposes adding a new section 44.8, requiring a warning on the
battery enclosure and/or eBike/OMP enclosure that serves as the outer
enclosure of the battery, so that consumers are informed about the risk
of fire and electric shock associated with consumers attempting to
manipulate a battery that is not user replaceable. The proposed warning
would state: ``WARNING--Risk of Fire and Electric Shock--Battery and/or
battery components are not user replaceable. Do not attempt to open,
disassemble, or repair.''
Cooling down the Battery: The NPR proposes adding a new warning in
section 44.9 advising consumers to allow their eBike to cool down after
use and before plugging it in to charge. Similar statements are in
online ``Best
[[Page 38200]]
Practices,'' and CPSC is aware of various micromobility products that
contain this information on the products.104 105 As noted
above, allowing charging of the battery when cells are more than their
maximum specified charging temperature may damage the cell, possibly
leading to overheating, thermal runaway, and a potential fire hazard.
For micromobility products with limited physical space, markings may be
displayed within an app that is used to operate or maintain the eBike
or on the eBike screen. The Commission requests comments on the
feasibility of this requirement considering the physical space for such
information.
---------------------------------------------------------------------------
\104\ https://fluidfreeride.com/blogs/news/how-to-charge-electric-scooter.
\105\ https://www.cyrusher.com/blogs/news/summer-ebike-battery-tips.
---------------------------------------------------------------------------
Instructions: General--Sections 45 through 50 of UL 2849-20 require
that the product contain legible instructions, including for
installation, operation, and risk of fire, electric shock, or injury to
the users of the product.
Section 45 of UL 2849-20 contains general requirements for
instructions, such as user maintenance, moving, and storage.
Instructions must be provided in separate manuals or combined in one or
more manuals, and contain details emphasizing the risk of fire,
electrical shock, and injury from use of the product. The standard
states that instructions may not replace written and detailed
instruction with images; however, images may be accompanied by written
instructions. Specific sections of the instructions must be written
entirely in upper case letters and emphasize headings, such as,
installation, operation, user maintenance, moving and storage, and
require the following statements or an equivalent, ``IMPORTANT SAFETY
INSTRUCTIONS'' and ``SAVE THESE INSTRUCTIONS.'' Such statements must be
clear and understandable. When the associated risk involves death or
serious injury, UL 2849-20 allows substitution of the signal word
``DANGER'' for ``WARNING''. Section 45.1 provides that the instruction
manual must include the same cautionary information found on the
product, in the same format.
Section 46 of UL 2849-20 requires that all instructions pertaining
to the risk of fire or electric shock are to be properly titled and
must be provided to users; manufacturers can add more instructions as
long as they do not conflict with the basic precautions listed in the
standard. Based on best practices in developing instructions, CPSC
preliminarily assesses the detailed list of statements and
specifications in the instructions is adequate to address the fire and
shock risks; however, the list lacks needed instructions based on
incidents that would inform consumers on safely handling a removable
battery pack what to do if the micromobility product submerges in the
water. Accordingly, the NPR proposes adding two additional requirements
to the instructions, to address the associated risk of shock and fire:
To address the risk of fire associated with battery
removal and storage safety, the NPR proposes a new section 51 requiring
that a battery pack intended for removal and charging outside of the
eBike must be provided with instructions for the safe handling,
removal, and insertion of the battery pack into the eBike. Instructions
must cover such handling during charging and for battery storage
outside of the eBike.
CPSC is aware of three fire or explosion incidents,
resulting in one death, that involved prior or contemporaneous exposure
to water (X2390880A, IDI 230912CCC1279, IDI 220511CCC3843). Given the
nature of these incidents, the NPR proposes that instructions must
include warnings and appropriate actions that consumer should take in
the event that a micromobility product submerges in the water.
Removing instructions about the use of specific charger (48.4): The
NPR proposes removing the language in section 48.4 of UL 2849-20 as
contradictory to the proposed rule, because it discusses utilizing the
manufacturer's recommended chargers only, while the proposed rule
allows the use of aftermarket chargers as long as they comply with the
applicable section of UL 2849-20 and the proposed requirement that
aftermarket chargers are provided with a marking to indicate the
specific eBike(s) for which they are intended to be used.
6. Other Voluntary Standards for eBikes--EN 15194
The Commission is aware of and considered the European standard
(EN) for eBikes, EN 15194--Cycles--Electrically power assisted cycles--
EPAC Bicycles (EN 15194), which has a narrower scope than UL 2849, and
only covers EPAC (pedal-assisted) eBikes. Table 9 compares the
requirements in UL 2849-20 with those in EN 15194. Compared to UL 2849-
20, the EN standard does not include requirements for electrical
systems that provide a higher level of safety than the requirements in
UL 2849-20, and in some instances, falls short of adequately addressing
all of the product's hazards covered by the UL 2849-20. For example, EN
15194 does not include any of the requirements for flammability as
found in section 17 of UL 2849-20. The Commission considers the
flammability requirements in UL 2849-20 critical for fire safety
because they help to deter the spread of fire during a thermal runaway
event by requiring that the polymeric material extinguish within a
specific maximum amount of time as to limit or slow down fire
propagation. Accordingly, the NPR does not propose to incorporate
requirements of EN 15194 into the rule because UL 2849-20 is more
robust in addressing the hazards associated with eBikes. The Commission
requests comment on this proposal.
7. Adequacy of UL 2849-20 To Address Identified Hazards
Table 8 summarizes how various sections of UL 2849-20 apply to the
hazard patterns identified in the incident data. For each use and
hazard pattern, table 8 also summarizes (in italics) the NPR's proposed
modifications and additions to UL to address inadequate provisions.
[[Page 38201]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.040
As described in section III, incidents associated with
micromobility products within the scope of this NPR experienced
instances of smoking, overheating, and fire. The incidents of smoking
resulted in the user physically seeing smoke coming from the incident
product. The incidents of overheating involved the user indicating a
burning smell, physically getting burned from trying to move or handle
the product, or getting burned while in physical contact with the
product. The incidents of fire are associated with an electrical
failure where the battery pack was the source of the fire. A thermal
runaway failure of a cell within the battery pack can result in a
battery fire. The intense heat generated by the failing cell may
initiate thermal runaway in adjacent cells. This may ignite the
micromobility product enclosure and propagate to adjacent combustible
materials. Gases generated within the burning cells may also develop
internal pressure that forcibly ejects the cell contents that escape
the micromobility product enclosure and spread fire farther.
From fall 2015 through early 2016, in the absence of a product
safety standard for personal eMobility products, staff's eSBscooter
assessments of products involved in fire incidents identified
deficiencies in the design and construction of the electrical systems
including inadequate temperature limiting by the BMS, poor cell
quality, and inferior workmanship. Subsequent to publication of the
first edition of UL on November 21, 2016, staff began to see personal
eMobility products that were compliant with the first edition of UL
2272 with integrated electrical system designs and battery packs with
certified cells to maintain cells within their specifications while
charging and riding and reduce the risk of fire from cell thermal
runaway. The results for eBikes were similar relative to UL 2849's
publication date of January 2, 2020. For the other assessments
completed, staff observed that products that are certified to the three
voluntary standards incorporated by reference in this proposed rule
result in a decreased likelihood of fire risk.
CPSC's analysis nevertheless finds that, overall, the requirements
in UL 2849-20 do not address all identified hazards associated with
lithium-ion batteries and eBike electrical systems. Because of this, as
noted above, the NPR proposes several modifications to the standard's
performance, marking, and labeling requirements. These modifications
are summarized below.
As incident data shows, consumers may attempt to modify or replace
battery packs, including individual cells, even though they are not
intended to be replaced or modified by the consumer. The NPR proposes
to add requirements (section 11) for both consumer replaceable and non-
consumer replaceable battery packs to prevent a consumer from opening
the battery pack outer enclosure or the eBike enclosure and attempting
to modify the battery.
To address the unreasonable risk of injury and death associated
with incompatible chargers with reversed polarity from the battery, the
NPR proposes to add to the requirements of section 32 of UL2849-20 a
reverse polarity test that requires the eBike's electrical system to
have a means to prevent an incorrect charging polarity from damaging
the battery pack. The BMS should prevent charging in the foreseeable
scenario where a user will ride the bike until the battery dies and
then immediately plug in the product to
[[Page 38202]]
recharge, in which case the cells may be at a temperature higher than
the manufacturer-specified maximum charging temperature. Accordingly,
the NPR proposes a performance testing procedure that would be based
upon UL 2849-20 section 28.5 but specify that between the second and
third charge/discharge cycle, a charge be initiated immediately after
the full discharge to simulate the worst case temperature scenario and
test that BMS prohibits charging the battery if the cell surface
temperature exceeds the specified upper limit. The NPR is also
proposing to add warnings about the need to cool down the product after
each use and before plugging it in to charge (section 44.9).
To address the use of homemade batteries in micromobility products
as seen in the incident data, the NPR proposes to add a warning label
(section 44.5) alerting against the use of homemade batteries.
To address the unsafe charging hazard due to infrequent charging or
prolonged duration of not charging the battery, the NPR proposes to
inform consumers about the recommended frequency of charging or
discarding the battery after a certain duration of non-use (section
44.6).
To address the unintended consequences of battery/eBike contact
with water and submersion in water as seen in the incident data, the
NPR proposes language in the instructions warning against immersing or
submerging the eBike, the battery, or any of the electrical components
in water and also providing steps for consumers to take in the event
that submersion occurs (section 52).
To align with other standards and best practices, the NPR proposes
to require: markings about hazardous voltage and not opening enclosures
with hazardous circuits, where applicable; warnings not to open,
disassemble, or attempt to repair battery enclosures or device
enclosures; and instructions that include all warnings for the eBike,
information on safe handling of battery packs, and additional
formatting requirements to improve the visibility of warning
statements.
8. Ability of the NPR To Address eBike Incidents
Staff assess that out of the 67 eBike battery incidents reported
via CPSRMS, 56 would have been addressed by compliance with UL 2849-20
as modified in this NPR. Staff further advise that the NPR's provisions
would address the hazard patterns seen in seven of the nine deadly
incidents that collectively resulted in 12 fatalities (with some
incidents having multiple fatalities). Staff could not identify the
specific hazard pattern in the remaining 11 incidents, although the
proposed rule could potentially address some or all of these incidents.
Therefore, the NPR would address, at a minimum, approximately 84
percent of the eBike incidents identified as relating to lithium-ion
batteries.
B. Other Micromobility Products (OMPs) and Batteries
1. Technical Requirements in UL 2272-24, UL 2271-23 and EN 15194
This section describes and evaluates the adequacy of the
requirements in UL 2272-24 (OMPs), UL 2271-23 (lithium-ion batteries),
and EN 15194 (EPAC eBikes). Table 9, below, cross references the most
significant requirements of these three standards.\106\ The far-left
column in table 9 states each requirement in UL 2849-20, including the
Commission's preliminary determination regarding adequacy of the
provision to address associated risks of injury. Each column to the
right compares another standard to UL 2849-20: cross-referencing the
applicable section; stating whether the requirement is the same (M) or
similar (R); and noting whether the requirement is adequate to address
the associated hazards to prevent or reduce an unreasonable risk of
injury (A), inadequate to address the associated hazards (I), not
addressed (Blank), addressed in a different way (O), or not applicable
(N/A).
---------------------------------------------------------------------------
\106\ We note that the introductions to all four standards
contain the same or similar types of information, such as Scope,
Definitions, and Units of Measurement.
---------------------------------------------------------------------------
Table 9 reflects that the majority of requirements that address
battery and charger fire hazards in UL 2722-24 and UL 2271-23 are
identical or substantially similar to those in UL 2849-20.
Additionally, as with UL 2849-20, both UL 2272-24 and UL 2271-23 lack a
reverse polarity test to address the risk of fire involving use of
chargers of opposite polarity than the originally intended charger, and
thus the NPR proposes to add a new test to prevent reverse polarity, as
described in section IV.A.3 of this preamble. Finally, table 9
identifies that the performance requirements in the EN standard for
eBikes are not as robust as those in UL 2849-20.
BILLING CODE 6355-01-P
[[Page 38203]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.041
[[Page 38204]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.042
BILLING CODE 6355-01-C
UL 2272-24 (OMPs)--The performance requirements for electrical
systems contained in UL 2849-20 and UL 2272-24 are almost identical,
and include the same test methods, compliance criteria, and
requirements for electrical system components. These requirements with
the same test and pass-fail criteria specified for both UL 2849-20
(eBike) and UL 2272-24 (OMPs) are marked (M) in table 9. For example,
as shown in the row numbered 11 in the left column, section 11 of UL
2849-20 and section 17 of UL 2272-24 both accept battery packs that
have been tested to UL 2271-23, without additional testing, to reduce
testing burden.
---------------------------------------------------------------------------
\107\ This NPR describes the products as OMPs, and includes
eScooters, eSBscooters, eSkateboards, eUnicycles, and hybrids of
these products.
\108\ This NPR refers to these as aftermarket batteries used in
products subject to the rule, which includes all micromobility
products that are consumer products under the Commission's
jurisdiction.
---------------------------------------------------------------------------
Performance requirements for major electrical system components,
including the battery pack comprised of cells, a BMS, charger, and
motor, are substantively similar in both standards. For example, while
section 10 of UL 2849-20, User Protection While Charging, and section
15 of UL 2272-24, Insulation Levels and Protective Grounding, specify
electrical insulation and grounding to address the same shock hazard,
the language is different. These requirements are marked (R) in table 9
to indicate that both standards have similar requirements but are
worded differently.
Requirements marked (O) in table 9 provide for different test
methods or pass-fail criteria compared to UL 2849-20 (eBikes) but
address the same hazard. For example, sections 14 and 38.2 in UL 2849-
20 and section 34 in UL 2272-24 both require vibration tests to
evaluate the battery packs. The vibration test in UL 2849-20 specifies
mounting the battery pack onto the vibration table while UL 2272-24
requires that the entire OMP be mounted to the vibration table. In
general, differences between eBikes and OMPs account for the testing
variations. For example, while both UL 2849-20 (eBike) and UL 2272-24
(OMPs) address battery pack integrity due to vibration, the test
methods are different because an eSBscooter typically has a non-user
replaceable battery and solid tires without a shock absorbing
suspension. CPSC preliminarily assesses the vibration requirements in
UL 2272-24 (OMPs), sections 14 and 38.2, are adequate to address these
risks as indicated in table 9 with an (A) marking.
If the standard is inadequate to address the hazard, table 9 is
marked (I) for the relevant requirement with a footnote explaining the
assessment. For example, the requirements for battery packs are
inadequate in UL 2849-20 and UL 2271-23 because they do not address
tamper-resistance requirements for the battery enclosure/compartment to
deter access to the cells.
Sections 24 and 25 of UL 2849-20 regarding electrical connections
and cables for eBikes apply specifically to eBikes and are therefore
not addressed in UL 2272-24.
Section 9.2.3 of UL 2272-24 requires that the outer enclosure of
the battery be ultrasonically welded, use tamper-proof screws or have
other equivalent means to ensure that it cannot be opened using a
common household tool such as a flat blade or Philips head screwdriver.
However, this section also provides an exception that a broken seal (or
other
[[Page 38205]]
easily detectable means for identifying a new opening) can replace the
above requirement to remind users that a product with a broken seals
should not be used and must be recycled. CPSC staff assess that
replacing a tamper-proof means with a tamper-evident seal and relying
on the consumer to not access the battery, rather than constructing the
battery enclosure to resist user access, does not provide an equal
level of protection against users accessing cells in the battery pack.
For this reason, the NPR proposes to remove the exception in section
9.2.3 of UL 2272-24.
Finally, both UL 2849-20 and UL 2272-24 fail to mitigate the fire
hazard associated with aftermarket chargers (row 32 Abnormal Operation
Test in table 9), as described in section IV.A of this preamble, and
thus the NPR proposes to add to the requirements of both standards a
new performance requirement for reverse polarity protection.
UL 2271-23--UL 2271-23 (Batteries) for light electric vehicles
(LEV) contains requirements for battery packs, including for BMS, that
protect the cells within the battery pack during charging and
discharging. Examples of LEVs within the scope of this NPR and UL 2271-
23 include electric bicycles, electric scooters, and personal e-
mobility devices (described as OMPs in this proposed rule). Comparing
the requirements of UL 2271-23, applicable to lithium-ion batteries,
with those of UL 2849-20 for eBikes, the requirements fall into two
groups. As shown in table 9, the first group of requirements, including
sections 20, 21, 23, 24, and 25 of UL 2849, are not applicable to
batteries; these requirements state requirements for a complete eBike,
not for component batteries.
The remaining requirements in UL 2271-23 are similar to tests in UL
2849-20 that expose batteries to stresses similar to those imposed by
the micromobility products in which the batteries are intended to be
used. For these tests, table 9 cross-references the battery tests in UL
2271-23 that are the same or similar to those in UL 2849-20. Several UL
2849-20 battery stress tests, such as sections 32.2 and 32.7, waive the
test if the battery already complies with section 11.1(a) or 11.1(b) of
UL 2849-20, which references the same test requirements in UL 2271-23.
Except for section 16 of UL 2271-23, the battery electrical
requirements contained in UL 2271-23 are similar to those contained in
UL 2849-20, and as discussed in section IV.A of this preamble, are
adequate to address the associated risks of injury.
Section 16 of UL 2271-23, Cells, Electrochemical Capacitors, and
Repurposed Cells and Batteries, is substantially similar to section 11
of UL 2849-20. However, this requirement is inadequate (as marked (I)
in table 9) because both standards fail to mitigate the foreseeable
risk of injury from consumers accessing the battery compartment on a
micromobility product. The Commission preliminarily determines that
these provisions in both UL standards are inadequate to address the
risk of injury from accessing the batteries. For example, IDI
220908CCC1340 was for an eSBscooter battery incident associated with a
consumer who performed work inside the battery compartment enclosure,
resulting in smoke at the battery connection port. To better address
this risk, the NPR proposes to add to the requirements of UL 2271-23 a
new section 16.9 that is identical to the proposed section 11
augmenting UL 2849-20, to tamper-proof micromobility battery
enclosures.
Table 9 indicates section 28.5 of UL 2271-23 is inadequate (I)
because it does not address the risk of injury from damage to the
battery due to charging immediately after a fully discharging the
battery. Therefore, this NPR proposes to specify that between the
second and third charge/discharge cycle a charge be initiated
immediately after the full discharge to simulate a scenario in which
the user attempts to recharge the battery immediately after it is fully
discharged. This test is intended to ensure that the battery will not
charge when its cells exceed their maximum charging temperature;
otherwise, charging may damage the cell and lead to overheating,
thermal runaway, and fire. This is the same requirement proposed in
this NPR for UL 2849-20 and is similar to the requirement included in
UL 2272-24. With the proposed revisions, CPSC concludes that UL 2271-23
would adequately address the electrical hazards for batteries intended,
marketed, or designed for use with micromobility products subject to
this NPR.
UL 2271-23 does not have requirements to address a reverse polarity
charging condition as may occur with use of a charger connector
configured in the opposite polarity as the battery terminal. This NPR
proposes to add a new reverse polarity charging test that is the same
as the proposal for UL 2849-20 as described in section IV.A.3 of this
preamble.
EN 15194--Table 9 also compares the current European standard for
electric pedal-assisted eBikes, EN 15194:2017+A1:2023, with UL 2849-20.
The scope of EN 15194 is limited to pedal-assisted eBikes, while UL
2849-20 covers both electric pedal-assisted cycles and electric cycles
not requiring pedaling to operate. Compared to UL 2849-20, EN 15194
either does not include requirements that are critical to protect
consumers from electric shock and fire, or its requirements are
inadequate. For example, the blank boxes in table 9 demonstrate that EN
15194 does not contain equivalent requirements as those stated in
sections 9, 10, 13, 14, 15, 17, 20, 21, and 22 of UL 2849-20. These
requirements address important electrical hazards associated with
eBikes, including: testing the combination of the battery, battery
charger, and battery management system circuit; user protections while
charging; enclosing and insulating hazardous parts; component mounting
(vibration test); displacement of components mounted on printed wiring
boards and minimum flammability requirements; flammability of non-
metallic materials; thermal protection for motors and motor
controllers; operator interface protections; and protecting consumers
through grounding and bonding of electrical connections.
EN 15194 also does not contain equivalent tests for abnormal eBike
operations contained in UL 2849-20 sections 32.2-32.10, intended to
address electrical systems tests that force the battery pack or motor
to operate outside their safe operating conditions, nor the vibration
test in section 38.\109\ Although EN15194 conducts temperature tests on
the EPAC eBike, and addresses battery performance in section 4.2.3,
referencing EN 50604-1:2016 and EN 50604-1:2016/A1:2021, EN 15194 does
not test the entire electrical system using the intended battery, as is
done under UL 2849-20 and UL 2272-24. Based on staff's analysis, as
summarized in table 9, UL 2849-20 is more robust and more protective of
consumer safety during reasonably foreseeable use and misuse scenarios
than EN 15194.
---------------------------------------------------------------------------
\109\ Battery tests in the referenced EN 15194 standard are not
as comprehensive as those in UL 2849-20 and only cover EPAC eBikes.
---------------------------------------------------------------------------
Based on staff's analysis of EN 15194, as summarized in table 9,
the Commission preliminarily determines that EN 15194 is inadequate to
address the unreasonable risks of injury that can be associated with
lithium-ion batteries and the electrical systems of eBikes.
2. Marking and Labeling Requirements in UL 2272-24
Markings: General-- Section 47 of UL 2272-24 describes, at a
minimum, that
[[Page 38206]]
markings must be legible, adhered to the product, and comply with
associated standards including UL 969, Standard for Safety of Marking
and Labeling Systems, or CSA C22.2 No 0.15, Adhesive Labels. These
requirements address permanency of markings and are commonly referenced
tests for electrical products.
Sections 47.3, 47.4 and 47.5 of UL 2272-24 require:
The product must include the date of manufacture.
The product must contain identifying information about the
manufacturer, such as name, trade name, trademark including part number
or model number; electrical ratings listed in volt dc and Ah or Wh; and
maximum weight in lbs or kg and speed in mph or km/h.
The product must be marked with charging instructions and
the standard provides prescriptive language such as ``Use Only (__)
Charger.'' All external terminals and connections must contain
identification and polarity markings that comply with associated
standards.
CPSC staff assess that the required markings identifying the
product, manufacturer, and the appropriate charger are adequate to
inform consumers. Beyond these requirements, however, the Commission
proposes that if the product is manufactured in more than one factory,
a distinctive marking to identify that the product was manufactured in
a particular factory shall be included to allow the consumer to
properly identify the product in the case of a recall.
Section 47.6 of UL 2272-24 states the products with separable
battery packs that are intended to be user removable must include
markings indicating the appropriate battery pack and use the following
or equivalent statements, ``Use only (__) battery pack with this
personal e-mobility device.'' In addition, the appropriate separable
battery pack must be marked with the following or equivalent statement,
``Use only with (__) personal e-mobility device.'' The blanks are
filled with the manufacturer's name and model number of the product in
which the batteries are used.
The required statement about using a certain battery pack with the
micromobility product does not cover aftermarket battery packs that may
be designed and manufactured according to the proposed rule and can be
used safely with the micromobility product. The NPR therefore proposes
that the micromobility product not include a statement about which
battery packs are suitable, but rather that battery packs that are sold
separately indicate which micromobility products can be used with the
battery pack.
Section 47.7 of UL 2272-24 requires specific words, letters, or
symbols illustrating the grounding system, which CPSC staff assess as
adequate. In addition, section 47.8 states products which contain
hazardous voltage circuits must be marked as such. Staff assess that
although this requirement is adequate to identify the potential shock
associated with hazardous voltage circuits, it lacks the instruction on
how to avoid it, therefore, the NPR proposes to add ``Do not open the
enclosure.'' to section 47.8 of UL 2272-24.
When applicable, section 47.9 of the standard requires that the
product must include the following statements or equivalent,
``WARNING--To reduce risk of injury, user must read instruction
manual'' (or the product must be marked with relevant ISO symbols
representing general warning sign containing an exclamation mark within
a triangle and referring to instruction manual sign containing a human
figure holding an open manual/booklet). CPSC preliminarily concludes
that this requirement is adequate to inform consumers about referencing
the instruction manual. Section 47.11 of UL 2272-24 also requires the
following or equivalent statement ``Store Indoors When Not In Use'' for
personal eMobility products with plastic enclosures not evaluated for
UV rays and rain.
In addition, section 47.12 of UL 2272-24 requires the following or
equivalent marking on the battery enclosure and/or device enclosure
that serves as the outer enclosure of the battery ``WARNING--Risk of
Fire and Electric Shock--Battery and/or battery components are not user
replaceable.'' Although this warning informs consumers about the risk
associated with user replaceable batteries, it does not instruct users
on how to avoid the hazards. Accordingly, the NPR proposes to add a
statement ``Do not attempt to open, disassemble or repair'' to 47.12 of
UL 2272-24.
To improve the noticeability of the warnings, the NPR proposes that
the text size requirements in UL 2849-20 be applied to UL 2272-24 as
well. Also, to improve the noticeability of the warnings, the NPR
proposes that the design of required warnings proposed in new section
44.4 of UL 2849-20 be applied to warnings required in UL 2272-24 as
well, in a new section 47.14. In addition, to improve the noticeability
of the required markings, the NPR proposes that UL 2272-24 be
supplemented with similar requirements to UL 2849-20 to ensure that the
cautionary marking is located on a part of the product that is either
not removable or that impairs the operation of the product when
removed.
Homemade Batteries: As discussed in section IV.A of this preamble,
homemade batteries pose a risk of fire when used with a micromobility
product. Therefore, the NPR proposes a new section 47.15 be added to
the requirements of UL 2272-24 to require the same homemade battery
warning for OMPs that is proposed for eBikes in section 44.5 of UL
2849-20.
Lifetime of Batteries/Frequency of Charging: As discussed in
section IV.A of this preamble, some micromobility product incidents are
associated with the condition of the battery and the frequency of
charging. Therefore, to address battery fires related to charging, this
NPR proposes to add a new section 47.16 in connection with UL 2272-24,
the same as proposed in section 44.6 to complement UL 2849-20, to
require improved warnings pertaining to the frequency with which to
charge the battery.
Cooling down the Battery: As discussed in section IV.A of this
preamble, the NPR proposes to require warnings on OMPs subject to UL
2272-24 to advise consumers to allow their micromobility products to
cool down after use and before plugging in to charge the product. The
NPR proposes a new section 47.17 supplementing UL 2272-24 that would
require this warning in the same location as is proposed to be added to
the provisions of UL 2849-20.
Manufacturing Location: Although the markings required in UL 2272-
24 to identify the product and manufacturer are helpful for consumers
to potentially respond to a recall involving a hazardous defect, the
markings fail to indicate a particular manufacturing facility if the
product is manufactured in more than one factory. Therefore, the NPR
proposes that if a product is manufactured in more than one factory, a
distinctive marking to identify in which factory the product was
manufactured is required; this proposed requirement is in new proposed
section 47.18.
Instructions: General--Section 48 describes that the product must
contain instructions for proper use including charging, operating,
storage, and disposal. The standard requires instructions to include
specific details such as temperature limits, appropriate charger usage,
weight limits for the product, maximum permissible speed, and surfaces
appropriate for using the device. In addition, instructions for
replacement of user replaceable fuses
[[Page 38207]]
and lightbulbs must be included with the product.
Section 48.2 states that if a product contains a user removable
battery pack, then the instructions must address safe handling,
including removal and insertion, during charging and specification of
storage outside of the product. Section 48.3 of the standard requires
the two warning statements (``WARNING--Risk of Fire and Electric
Shock--No User Serviceable Parts'' and ``WARNING--Risk of Fire and
Electric Shock--Battery and/or battery components are not user
replaceable'') to be included in the instructions. Section 48.5
requires that products not intended for high altitude locations
indicate that they are not intended for use at elevations greater than
2000 m above sea level. Section 48.6 requires the following or
equivalent statements in the instructions: ``Prolonged Exposure to UV
Rays, Rain and the Elements May Damage the Enclosure Materials, Store
Indoors When Not in Use.''
To better address the unreasonable risks of injury or death
associated with OMP battery fires, the NPR proposes that OMPs within
the scope of UL 2272-24 must follow the same, more comprehensive and
detailed, instructional requirements as in sections 45 through 50 of UL
2849-20 (but replacing the term ``eBike'' with ``personal eMobility
product''). Like the requirements in UL 2849-20, the NPR also proposes
to add to UL 2272-24 the same requirements that instructions be
visually distinguishable from the remainder of the text and that
illustrations accompany, but not replace, textual warnings. Finally, as
with UL 2849-20, the NPR proposes to require that OMP instructions in
UL 2272-24 include all warnings.
Instructions associated with micromobility products submerged in
water: As with the proposals for supplementing UL 2849-20, the NPR
proposes that OMPs also contain added instructions, in section 48.11
associated with UL 2272-24, regarding warnings and appropriate actions
that consumers should take in the event a micromobility product is
submerged in water.
3. Marking and Labeling Requirements in UL 2271-23
Markings: General--Section 46 of UL 2271-23 describes that, at a
minimum, battery markings must be legible, permanent, adhered to the
product, and comply with associated standards such as UL 969, Standard
for Safety of Marking and Labeling Systems, or CSA C22.2 No. 0.15,
Adhesive Labels. These requirements are commonly referenced tests for
electrical products. Section 46.2 of UL 2271-23 states that batteries
must be marked with specified information about the manufacturer, such
as name, trade name, or trademark as well as part number or model
number, and electrical ratings in volts dc (direct current) and Ah
(Ampere-hour) or Wh (Watt-hour) and battery chemistry. Section 46.3 of
UL 2271-23 states that terminals must be marked positive or negative
with words or symbols representing the polarity unless the terminal is
keyed in a manner that prevents incorrect connections. The standard
states all external terminals and connections must also contain
identification and polarity markings that comply with associated
standards. Section 46.5 states batteries must also be marked with the
date of manufacture, charging instructions, and required prescriptive
language, such as ``Use Only (__) Charger.'' The standard requires that
the statement must be visible to the user, including after
installation, if the battery is not removed for charging. Section 46.7
states batteries must also be marked with specific symbols illustrating
the battery grounding system.
CPSC preliminarily assesses that the markings required in UL 2271-
23 are necessary and largely adequate to inform consumers about the
specifics of the product, battery chemistry, and appropriate charger to
use to reduce the risk of fire and/or shock. Although the markings
identifying the product and manufacturer are helpful for consumers to
respond to a potential recall, the required markings fail to indicate a
particular manufacturing facility if the product is manufactured in
more than one factory. Therefore, the NPR proposes a new requirement in
section 46.16 requiring that if a product is manufactured in more than
one factory, a distinctive marking is required to identify in which
factory that the product was manufactured. The proposed language is the
same as current section 43.5 proposed in connection with UL 2849-20 and
proposed new section 47.18 associated with UL 2272-24.
According to UL 2271-23, batteries that contain hazardous voltage
circuits must be marked ``WARNING: Hazardous Voltage Circuits. To
Reduce the Risk to Electric Shock, Never Disassemble. No User
Serviceable Parts'' or must include the electric shock hazard symbol
ISO 3864 No. 5036 (lightning bolt within a triangle). UL 2271-23 states
that, when applicable, batteries and battery systems must be marked,
``Repurposed'' or ``Second Life'' and ``UL 1974.'' The marking
requirements in UL 2271-23 appear adequate to address the risk of death
and injury associated with hazardous voltage circuits, because they
describe the hazard and explain how to avoid it. However, UL 2271-23
does not specify the design of the warning. Accordingly, to improve the
visibility of warnings so that consumers may see and heed them, the NPR
proposes to add a new section 46.12 to supplement UL 2271-23, to
require revisions to the warning text size requirements for batteries,
like those the NPR proposes for eBikes. In addition, as discussed in
section IV.A of this preamble, the NPR proposes that the requirement be
included in new section 44.4 of UL 2849-20 also be included in a new
section 46.13 of UL 2271-23 to improve the noticeability of the
warnings on batteries.
Lifetime of Batteries/Frequency of Charging: As discussed in
section IV.A of this preamble, some micromobility product incidents
have been associated with the lifetime of the battery or frequency of
charging. Similar to proposed section 44.6 UL 2849-20, the NPR proposes
adding markings to UL 2271-23 as new section 46.14, with improved
noticeability pertaining to frequency with which to charge the battery.
Specifying the compatible micromobility product: The NPR also
proposes to add a warning statement on the removable battery pack about
the specific micromobility product in which the battery pack is
intended to be used. This requirement is already included in section
47.6 of UL 2272-24, which requires the appropriate separable battery
pack to be marked with the following or equivalent statements, ``Use
only with (__) personal e-mobility device.'' This requirement assists
consumers in selecting a compatible battery pack for their
micromobility product.
Instructions: General--Section 47 of UL 2271-23 states that
batteries must be provided with instructions for their proper use,
including temperature limits, charging, discharging, storage, disposal,
and replacing user replaceable fuses. Section 47.3 of UL 2271-23 states
that non-removable batteries must contain a marking or indication
located near the accessible charging port of the product. Section 47.5
states the battery instructions must include the following or
equivalent statements, ``WARNING: Risk of Fire and Electric Shock.
Never Disassemble. No User Serviceable Parts.'' Although CPSC
preliminarily assesses that these instructions adequately inform
consumers on how to handle the batteries in expected use scenarios, the
instructions should be
[[Page 38208]]
legible and include all warnings, which is proposed in new section
47.6.
Table 10 provides a summary of the proposed marking and labeling
requirements for all three standards.
[GRAPHIC] [TIFF OMITTED] TP24JN26.043
4. Other Voluntary Standards--EN 17128
EN 17128:2020, Light motorized vehicles for the transportation of
persons and goods and related facilities and not subject to type-
approval for on-road use--Personal light electric vehicles (PLEV)--
Requirements and test methods, applies to personal light electric
vehicles totally or partially electrically powered from self-contained
power sources with or without self-balancing system, with exception of
vehicles intended for hire from unattended station. Staff reviewed this
European standard, the requirements of which are primarily focused on
mechanical performance of off-road micromobility products. The safety
performance requirements for electrical systems of the covered products
are not as comprehensive as those in UL 2272-24. Therefore, this NPR is
not based on the provisions in EN 17128.
5. Ability of UL 2272-24 and UL 2271-23 To Address the Identified
Hazards
CPSC's analysis finds that, overall, the requirements in UL 2272-24
and UL 2271-23 do not address all identified hazards associated with
lithium-ion batteries and OMP electrical systems. Because of this, the
NPR proposes several modifications to both standards as noted above.
These modifications are summarized below,
As incident data shows, consumers may attempt to modify or replace
battery packs, even though they are not intended to be replaced or
modified by the consumer. The NPR proposes to add requirements (section
16.9 to UL 2271-23) to reduce the likelihood of users accessing battery
cells on a user replaceable battery pack intended to provide power to
the motor(s) of an eBike or personal eMobility product. Further, the
NPR proposes to remove the exception for a tamper-evident seal to
replace the stricter requirement in section 9.2.3 of UL 2272-24.
Similar to the proposal in eBikes, the NPR proposes to revise
section 28.5 of UL 2271-23 to test whether BMS prevents charging when
the cells are at a temperature higher than the manufacturer-specified
maximum charging temperature, addressing the scenario where a user
rides the micromobility product until the battery dies and then
immediately plugs in the product to recharge.
To address charger-related incidents resulting from
incompatibility, the NPR proposes new requirements (section 32 in UL
2271-23 and section 33 in UL 2272-24) to add a reverse polarity test to
prevent damage to the battery pack due to use of an incompatible
charger.
The NPR proposes to add several warnings for OMPs to address
scenarios observed in the incident data, similar to eBikes, including
against using homemade batteries (section 47.15), about the need to
cool down the product after each use and before plugging it in to
charge (section 47.17), and for both OMPs and user replaceable battery
packs about recommended frequency of
[[Page 38209]]
charging or discarding the battery after a certain duration of non-use
(section 47.16 in UL 2272-24 and section 46.14 in UL 2271-23).
To inform consumers of the proper match between battery pack and
micromobility product, the NPR proposes that each battery pack specify
the micromobility product name and model for which the battery pack is
intended (section 46.15 of UL 2271-23).
To address the unintended consequences of battery/eBike contact
with water and submersion in the water as seen in the incident data,
the NPR proposes language in the instructions warning against immersing
or submerging the OMP, the battery, or any of the electrical components
in water and also providing steps for consumers to take in the event
submersion occurs (section 48.11).
To align with other standards and best practices, the NPR proposes
additional formatting requirements for both UL standards to improve the
visibility of warning statements; and for OMPs to require markings
about hazardous voltage and not opening enclosures with hazardous
circuits, where applicable; warnings not to open, disassemble, or
attempt to repair battery enclosures or device enclosures; and
instructions that include all warnings for the OMP.
6. Ability of the NPR To Address OMP Incidents
Of the 65 eScooter incidents reported via CPSRMS, CPSC staff assess
that 54 incidents can be addressed by compliance with UL 2272-24 and
four incidents can be addressed by compliance with UL 2271-23, either
through existing requirements or the proposed modifications in this
NPR. Staff assess that the NPR would address six of the seven fatal
incidents (nine of 13 fatalities). Staff could not identify the
specific hazard pattern in eight incidents (spontaneous, after charging
or unknown). Staff accordingly estimate that, at a minimum, 88 percent
of the eScooter incidents would be addressable by the proposed rule.
CPSC staff assess that out of the 86 micromobility product
incidents other than eScooters and eBikes reported via CPSRMS, 64
incidents can be addressed by compliance with UL 2272-24 and five
incidents can be addressed by compliance with UL 2271-23, either
through existing requirements or the proposed requirements. The
assessment indicates that the NPR would address four of the six fatal
incidents (eight of 14 fatalities). Staff could not identify the
specific hazard pattern in 17 incidents (spontaneous or unknown).
Accordingly, at a minimum, 80 percent of the OMP incidents would be
addressable by the proposed rule.
C. Compliance With Voluntary Standards
As described in Tab A to Staff's Briefing Memorandum, CPSC obtained
estimated compliance rates from a 2023 survey of ``brick and mortar''
retail stores. This survey found that 10 of 93 eBikes, and 17 of 19
OMPs, displayed a mark from an accredited certification lab that serves
as a proxy for compliance with a voluntary safety standard such as UL
2849-20 or UL 2272-24.\110\ The initial weighted compliance rate across
all product types is approximately 45 percent.\111\ Together with the
substantial number of incidents involving death and injury associated
with noncompliant micromobility products, the survey data show that
product compliance with the UL voluntary standards has not yet reached
the level where the risk to consumers from these products is
comprehensively mitigated. Accordingly, the Commission preliminarily
determines that micromobility products within the scope of the rule are
unlikely to substantially comply with UL 2849-20, UL 2272-24, or UL
2271-23 in the absence of the proposed rule.
---------------------------------------------------------------------------
\110\ This survey includes caveats (e.g., small and non-
representative sample, not including online retailers, not testing
products to confirm compliance) that introduce uncertainty. In
addition, staff's review of online retail brands presents an
inconsistent picture. CPSC requests data from stakeholders on the
compliance rate of micromobility products that would be subject to
the rule proposed in the NPR.
\111\ Staff forecast an annual average of 19.2 million products
in use each year from 2026 to 2030. eBikes (11.2 million), eScooters
(1.6 million), and OMP's (6.4 million) represent approximately 58.3,
8.4, and 33.3 percent of these total units in use, respectively. Out
of these 19.2 million products in use, 8.3 million compliant
products are in use within the same period, or roughly 45 percent
(8.3 million compliant products in use = 11.2 million * 10.75% + 1.6
million * 89.47% + 6.4 million * 89.47%).
---------------------------------------------------------------------------
V. Description of the Proposed Rule
To eliminate or adequately reduce the unreasonable risks of injury
and death to consumers from electric shock, fires, explosions,
expulsion of gas or flames, burns, overheating, and smoke inhalation,
associated with lithium-ion batteries used in micromobility products
and the electrical systems of micromobility products, this NPR proposes
to require products within the scope of the rule to comply with the
applicable UL voluntary standard, with modifications, as explained in
section IV of this preamble and summarized below.
A. 1265.1--Scope, Purpose, Definitions, and Effective Date
Proposed Sec. 1265.1(a) describes the purpose of the NPR, which is
to establish a mandatory rule to address the risks of death and injury
associated with lithium-ion batteries used in micromobility products,
as defined in the rule, and the electrical systems of such products.
Proposed Sec. 1265.1(a) also explains that the scope of the NPR
includes lithium-ion batteries used in micromobility products and the
electrical systems of such products, including lithium-ion batteries
provided or sold separately from the micromobility product (user
replaceable battery packs), aftermarket battery chargers provided or
sold separately from a micromobility product, and components provided
or sold with eBike conversion kits.
Proposed Sec. 1265.1(b) contains definitions applicable to the
rule, relying on the definitions in section 3 of the CPSA, 15 U.S.C.
2052, such as the definition of a ``consumer product,'' as well as
definitions that are specific to the rule. Specific definitions include
products within the scope of the rule, including: ``aftermarket battery
charger,'' ``eBike conversion kit,'' ``user replaceable battery pack,''
``eBike,'' ``micromobility product,'' and ``personal eMobility
product'' (which refers to a non-eBike product and is also called
``other micromobility product'' or ``OMP'' in this proposed rule). The
definition of ``micromobility product'' explains that the term applies
to all products within the scope of the rule, including: electric
bicycles (eBikes), electric scooters, both stand-up and seated
(eScooters), electric self-balancing scooters (eSBscooters), electric
skateboards (eSkateboards), electric unicycles (eUnicycles), and
hybrids of these products. The rule also defines the regulated
components of micromobility products, such as battery management
systems and enclosures.
Proposed Sec. 1265.1(c) provides the effective date of a final
rule, stating that the Commission issues the rule to address the
unreasonable risk of death and injury associated with lithium-ion
batteries used in micromobility product electrical systems, and that
all products within the scope of the rule that are manufactured after
the proposed 180-day effective date must comply with the rule.
B. 1265.2--Requirements for eBikes
Proposed Sec. 1265.2 contains requirements for eBikes. Proposed
Sec. 1265.2(a) states that except for the additions and modifications
provided in
[[Page 38210]]
paragraph (b), each eBike must comply with all provisions of UL 2849-20
that apply to the product. Proposed Sec. 1265.2(b) requires that
eBikes also comply with the additions and exclusions stated in the
rule, including three new performance requirements, several exclusions,
and several additions and modifications to the warnings and instruction
requirements.
Proposed new substantive requirements in Sec. 1265.2(b)(1) through
(3) include:
(1) tamper-resistant battery enclosure to prevent consumers from
accessing the battery pack;
(2) post-discharge charge test to ensure that the BMS prohibits
charging the battery if the cell surface temperature exceeds the
specified upper limit to prevent the risk of fire associated with
charging; and
(3) reverse polarity test to prevent damage to the battery pack
associated with use of an incompatible battery charger.
Proposed Sec. 1265.2(b)(4) does not require compliance with
sections 40 and 41 of UL 2849-20, because these requirements apply to
mechanical characteristics of eBikes, as opposed to electrical
characteristics. Finally, proposed Sec. 1265.2(b)(5) through (9)
describe additions and modifications to the warnings and instruction
requirements for eBikes, as explained in section IV.A.6 and table 10 of
this preamble.
C. 1265.3--Requirements for Personal eMobility Products
Proposed Sec. 1265.3 contains requirements for personal eMobility
products, or OMPs. Proposed Sec. 1265.3(a) states that except for the
additions and modifications provided in paragraph (b), each personal
eMobility product must comply with all provisions of UL 2272-24 that
apply to the product. Proposed Sec. 1265.3(b) requires that personal
eMobility products also comply with the stated additions and
exclusions.
Proposed Sec. 1265.3(b) requires personal eMobility products to
comply with UL 2272-24 with one substantive exclusion, one substantive
addition, as well as modifications and additions to the warning and
instruction requirements. Proposed Sec. 1265.3(b)(1) states that
personal eMobility products cannot satisfy the requirements of the rule
by relying on the exception in section 9.2.3 of UL 2272-24 that allows
a tamper-evident seal instead of a tamper-resistant battery enclosure.
Replacing a tamper-proof means with a tamper-evident seal does not
provide an equal level of deterrence to users accessing cells in the
battery pack, because a tamper-evident seal relies on the consumer to
understand and heed a warning not to access or use the battery if the
seal is broken. Proposed Sec. 1265.3(b)(2) inserts a new substantive
reverse polarity test for aftermarket battery chargers to prevent
damage to the battery pack associated with use of an incompatible
battery charger. Proposed Sec. 1265.3(b)(3) through (7) include
additions and modifications to the warnings and instructions in UL
2272-24, as explained in section IV.B.2 and table 10 of this preamble.
D. 1265.4--Requirements for User Replaceable Battery Packs
Proposed Sec. 1265.4 contains requirements for user replaceable
battery packs sold separately from a micromobility product. Proposed
Sec. 1265.4(a) states that except for the additions and modifications
provided in paragraph (b), each user replaceable battery pack must
comply with UL 2271-23. Proposed new substantive requirements in Sec.
1265.4(b)(1) through (3) include: (1) tamper-resistant battery
enclosure to prevent consumers from accessing the battery pack; (2)
post-discharge charge test to ensure that the BMS prohibits charging
the battery if the cell surface temperature exceeds the specified upper
limit to prevent the risk of fire associated with such charging; and
(3) reverse polarity test to prevent damage to the battery pack
associated with use of an incompatible battery charger. Proposed Sec.
1265.4(b)(4) and (5) contain additions and modifications to the
warnings and instructions in UL 2271-23, as explained in section IV.B.3
and table 10 of this preamble.
E. 1265.5--Requirements for eBike Conversion Kits
Proposed Sec. 1265.5 contains requirements for components
marketed, intended, or designed as part of an eBike conversion kit.
Proposed Sec. 1265.5(a) states that except for the additions and
modifications provided in paragraph (b), components marketed, intended,
or designed as part of an eBike conversion kit must comply with the
specified sections of UL 2849-20. Proposed Sec. 1265.5(b)(1) through
(5) state the specific substantive provisions of UL 2849-20, and the
new proposed requirements, to which components of conversion kits must
comply. Proposed Sec. 1265.5(b)(6) and (7) state the marking and
instructions required for battery packs and chargers provided as part
of an eBike conversion kit. In summary, the requirements in Sec.
1265.5(b) are:
If provided in a conversion kit, the battery pack must
comply with sections 9 (Combination of Battery, Battery Management
System, and Charger) and 12 (Battery Packs) of UL 2849-20, and all
sections referenced in those sections.
To prevent a user from accessing battery cells within a
battery pack, the outer enclosure of the battery pack must not be
capable of being opened using common household tools, such as a flat
blade or Philips head screwdriver. The enclosure shall be
ultrasonically welded or secured by equivalent means. Equivalent means
include adhesives complying with the adhesive requirements of UL 746C,
or single use or tamper-proof screws.
If provided, each battery charger must comply with
sections 7 (General), 8 (Power Levels), 9 (Combination of Battery,
Battery Management System, and Charger), 10 (User Protection While
Charging), and 23 (Chargers) of UL 2849-20, and all referenced sections
within those sections. Additionally, the connector provided with the
charger for connecting to the battery terminal for charging shall
prevent misalignment, reverse polarity, or electrical mismatch.
Compliance with this provision must be observable or, if necessary,
meet the Protective Circuits and Safety Analysis requirements in
section 12 in UL 2849-20.
If provided, the operator interface must comply with
sections 7 (General), 8 (Power Levels), and 21 (Operator Interface) of
UL 2849-20, and all sections referenced in those sections.
If provided, the motors and motor controllers in eBike
conversion kits shall comply with sections 7 (General), 8 (Power
Levels), and 20 (Motors and Motor Controllers) of UL 2849-20, and all
sections referenced in those sections.
If provided, a user replaceable battery pack must comply
with sections 46 (Markings) and 47 (Instructions) of UL 2271-23,
including all sections referenced in those sections, as well as the
additional markings and instructions for user replaceable battery packs
required in Sec. 1265.4(b)(4) and (5).
If provided, each battery charger must comply with the
marking and instructions for aftermarket battery chargers in Sec.
1265.6(a) and (c).
F. 1265.6--Requirements for Aftermarket Battery Chargers
Proposed Sec. 1265.6 provides requirements for aftermarket battery
chargers based on the micromobility product with which they are
associated. Proposed Sec. 1265.6(a) requires aftermarket battery
chargers marketed, intended, or designed to charge an eBike battery to
comply with section 23 of UL 2849-20, incorporated by reference in
Sec. 1265.7, and the additional requirements stated in Sec.
1265.2(b)(2).
[[Page 38211]]
Proposed Sec. 1265.6(b) requires aftermarket battery chargers
marketed, intended, or designed to charge a personal eMobility product
battery to comply with section 11 of UL 2272. Finally, proposed Sec.
1265.6(c) requires that all aftermarket battery chargers be marked with
the following statement: ``Use only with [manufacturer to insert
appropriate micromobility product name and model].'' The warning text
must include the safety alert symbol, the signal word ``WARNING'', and
text.
G. 1265.7--Standards Incorporated by Reference
Proposed Sec. 1265.7 sets forth the Office of the Federal
Register's (OFR) approval of incorporation by reference and describes
how interested parties can obtain a copy of each voluntary standard
incorporated.
H. 1265.8--Prohibited Stockpiling
Proposed Sec. 1265.8 prohibits manufactures and importers of
noncompliant micromobility products from stockpiling products after the
publication of a final rule. The Commission's authority to issue an
anti-stockpiling provision is in section 9(g)(2) of the CPSA. 15 U.S.C.
2058(g)(2). Accordingly, Sec. 1265.8(a) prohibits manufacturers and
importers of micromobility products, including the components addressed
in this proposed rule (user replaceable battery packs, aftermarket
battery chargers, and components of eBike conversion kits), from
manufacturing or importing products that do not comply with the
requirements of the final rule in the 180-day period between the date
of the final rule's publication in the Federal Register and the
effective date of the rule, at a rate that is greater than 120 percent
of the rate at which they manufactured or imported such products during
the base period for the manufacturer. The base period described in
Sec. 1265.8(b) is the average monthly manufacturing or importing
volume for the 13-month period immediately preceding promulgation of
the final rule. ``Promulgation'' means the date the final rule is
published in the Federal Register.
I. 1265.9--Severability
Proposed Sec. 1265.9 contains a severability clause. This NPR
contains multiple sections and requirements intended to address the
unreasonable risks of death and injury associated with products within
the scope of the rule. Because the NPR includes multiple requirements,
the NPR proposes to state the Commission's intent that if certain
requirements in a final rule are stayed or determined to be invalid by
a court, the remaining requirements in the rule should continue in
effect.
J. Proposed Appendix A to Part 1265
The findings required by section 9 of the CPSA are discussed in the
regulatory text in an appendix A to part 1265 (Findings Required by the
Consumer Product Safety Act).
VI. Preliminary Regulatory Analysis
A proposed consumer product safety rule published in the Federal
Register in accordance with the requirements of sections 7 and 9 of the
CPSA must include a preliminary regulatory analysis that contains: a
preliminary description of the potential benefits and potential costs
of the proposed rule; a discussion of relevant voluntary standards; and
a description of any reasonable alternatives to the proposed rule,
together with a summary description of their potential costs and
benefits, and a brief explanation of why such alternatives should not
be published as a proposed rule. 15 U.S.C. 2056, 15 U.S.C. 2058. The
information and analysis in this section is based on Tab A of Staff's
NPR Briefing Memorandum.
A. Preliminary Discussion of Potential Benefits and Costs of the Rule
1. Quantified Benefits and Costs
The micromobility market includes emerging products, some of which
have only been introduced in the last decade and are rapidly growing in
popularity and consumer acceptance. The relative novelty of these
products poses challenges in the data. For example, fire incident data
that CPSC staff use to identify addressable fire incidents do not have
a product category for lithium-ion batteries. This could cause lithium-
ion battery fires from micromobility products to be mislabeled or not
identified if micromobility products were not mentioned in the
narrative for the incident. eBike data especially have a high degree of
uncertainty because eBikes are the least mature segment of the
micromobility marketplace, with substantial uncertainties related to
product safety, consumer demand, producer behavior in the absence of a
CPSC regulation addressing battery safety, and a growing presence of
other regulation--particularly at the state and local levels. The
uncertainty surrounding these factors represent the most significant
source of variability in this analysis.
Given these uncertainties, we present the results of the staff's
benefits and costs analyses for this NPR under two framings: (1) an
estimate that uses the incident data collected despite likely
underestimation of incidents, and (2) an upper-bound estimate in which
staff address the uncertainty in incidents by aligning eBike fatality
rate with the rate of eScooters-which are the most developed
micromobility product market.
CPSC staff conducted a benefits analysis for the NPR which
accounted for mitigated deaths, injuries, and property damage from the
proposed rule by monetizing deaths using the value of statistical life
(VSL), injuries using CPCS's Injury Cost Model (ICM), and property
damage based on historical damage assessments. Over a 30-year study
period, staff's estimate of the total annualized benefits from the
proposed rule, discounted at 3 percent, is $61.17 million due to
mitigating deaths and injuries from battery fires. The upper-bound
estimate identifies total annualized benefits of $472.97 million,
discounted at 3 percent, from the same mitigation.
The safety improvements proposed in this NPR would involve two main
costs: (1) a compliance cost to upgrade micromobility products to meet
CPSC's performance requirements; and (2) deadweight losses or market
impacts caused by the increased price associated with compliance with
the regulation and the subsequent decline in demand. As detailed in Tab
A of Staff's NPR Briefing Memorandum, staff estimate the total
annualized costs from the proposed rule, discounted at 3 percent, to be
$146.52 million.
When costs are compared to the conservative estimate of benefits,
the estimated costs of the rule exceed benefits. Staff calculate
annualized net benefits (benefits less costs) to be -$85.35 million,
discounted at 3 percent. Based on these estimates, the NPR would have a
benefit-cost ratio of 0.42 for all micromobility products, meaning it
returns $0.42 of benefits for every $1 in cost. For the upper-bound
estimate of benefits, benefits exceed costs. The NPR would yield
estimated annualized net benefits of $326.45 million and a benefit-cost
ratio of 3.23, or $3.23 of benefits for every $1 in cost. Staff
consider this plausible projection to represent an upper bound of the
estimated net benefits for this NPR.
Tables 11 and 12 display the annualized benefits, costs, and net
benefits, along with the benefit-cost ratio, for both the estimates.
[[Page 38212]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.044
[GRAPHIC] [TIFF OMITTED] TP24JN26.045
2. Unquantified Benefits and Costs
CPSC assesses that there are likely both unquantified benefits and
unquantified costs from the proposed rule. The unquantified benefits
stem from avoided property damage, legal costs, and insurance premium
increases. Because the data on fire incidents did not have a product
category for lithium-ion batteries, staff's analysis could be
underestimating the number of incidents and the magnitude of loss from
fires from these batteries. Additionally, fires in multi-dwelling units
have the potential to impose significant negative externalities, such
as a fire that results in property loss for a neighbor. Staff could not
quantify these impacts due to a lack of robust data in the various data
sources reviewed. Secondly, fires spreading to nearby structures could
result in additional legal costs. Legal costs are likely a fraction of
the total property losses associated with these fires; however, the
potential large magnitude of these losses could make some legal fees
significant. Staff do not have the robust data to estimate potential
legal costs avoided based on the proposed rule.
B. Assessment of Voluntary Standards
Sections IV.A and IV.B of this preamble describe the adequacy of
the voluntary standards, improvements made by the NPR, and the level of
compliance with the voluntary standards for each product covered by the
NPR. Based on this analysis, the Commission preliminarily determines
that the voluntary standards are inadequate to address the risk of
injury, and that micromobility products do not substantially comply
with the voluntary standards at this time. Therefore, the Commission
preliminarily determines that relying on voluntary standards
development in lieu of rulemaking would not eliminate or adequately
reduce an unreasonable risk of injury.
C. Alternatives to the Proposed Rule
The Commission considered six alternatives to the proposed rule:
(1) limit the scope of the rule to eScooters and OMPs; (2) conduct
marketing campaigns instead of promulgating a final rule; (3) conduct
recalls instead of promulgating a final rule; (4) rely only on
voluntary standards development; (5) propose a later effective date;
and (6) take no action.
1. Limit the Scope of the Rule to eScooters and OMPs
The Commission could limit the scope of the NPR to OMPs, removing
eBikes, because the estimated benefits and costs from those products
are more certain than for the less mature eBike market, and estimated
benefits of the proposed rule for OMPs more assuredly outweigh the
estimated costs from the rule. With this alternative, estimated
benefits of the NPR would be highly likely to exceed its estimated
costs.
Section 9(c) of CPSA directs staff to identify potential benefits
and costs. Although this alternative would provide greater confidence
that the rule would generate positive net benefits, a positive economic
case is not required for the Commission to improve consumer product
safety by rule. This alternative would leave the fire hazard from
lithium-ion batteries unreasonably high for eBikes and expose eBike
riders and others, including vulnerable young children and seniors, to
this fire hazard. As the youngest of the three product types, eBikes
have the least mature market with the highest growth potential,
creating uncertainty about what the future of the product, market, and
safety record will be. An argument against excluding eBikes is the
Commission should not wait for the eBike to mature and potentially harm
more consumers.
2. Conduct Marketing Campaigns Instead of Promulgating a Final Rule
Rather than promulgating a final rule, the Commission could issue
news releases or utilize other information and marketing techniques to
warn consumers about the identified associated hazards with
micromobility product electrical systems, including lithium-ion
batteries. With this alternative, micromobility product manufacturers
would incur no costs to modify or test their products to comply with a
final rule.
Information and marketing campaigns may change consumer
preferences, increasing demand for micromobility products that comply
with the voluntary standard relative to those that do not. However,
staff estimate that the resulting, market-driven compliance rate for
producers would be well below the (nearly) 100 percent compliance rate
that a final rule can produce. Therefore, much of the societal costs
would continue to be incurred by consumers in the form of deaths,
injuries, and property damage. For this reason, the Commission is not
pursuing this alternative.
3. Conduct Recalls Instead of Promulgating a Final Rule
The Commission could continue to negotiate recalls that reduce the
number of fire/electric shock incidents and their societal costs by
removing unsafe
[[Page 38213]]
products from the market. As with consumer education campaigns, this
option would merely maintain the status quo and staff estimate the
compliance rate would be far below the nearly 100 percent compliance
rate that a mandatory rule can produce. Section III.F of this preamble
details the 29 micromobility product recalls CPSC conducted from
January 2016 through November 2024. Furthermore, unlike a rule that
would apply to newly manufactured micromobility products, recalls only
apply to an individual manufacturer and product, do not extend to
similar products, and occur only after consumers have purchased and
used such products and have been exposed to and potentially injured or
killed by the hazard. Additionally, recalls can only address products
that are already on the market and cannot prevent unsafe products from
entering the market. As with information and marketing campaigns, much
of the societal costs would continue to be incurred by consumers in the
form of deaths, injuries, and property damage. For these reasons,
recalls would not eliminate or adequately reduce an unreasonable risk
of injury associated with these products in the absence of rulemaking.
4. Rely on Voluntary Standard Development
The Commission could direct CPSC staff to work with voluntary
standards development organizations to address the associated hazards.
This alternative would allow firms and other participants in the
voluntary standards process to collectively determine the degree,
manner, and timing of hazard mitigation, which could lead to approaches
that delay or reduce costs incurred by firms to address the hazard. In
addition, firms may choose not to comply with the voluntary standards
and therefore incur no associated costs.
Staff already participate in the UL process for all three of the UL
standards the NPR proposes to incorporate by reference, so this
alternative, like education campaigns and recalls, maintains the status
quo. Technical staff in recent years have made proposals to UL 2849 and
attended meetings, including comments made to other proposals for the
three technical standards identified, UL 2849, UL 2272, and UL 2271.
Furthermore, societal benefits would be limited to products
manufactured by firms that choose to comply with the voluntary
standard; and, as discussed, micromobility products and aftermarket
batteries do not substantially comply with the applicable voluntary
standards.
5. Set a Later Effective Date
The Commission could establish an effective date for its proposed
rule later than 180 days. The proposed rule includes an effective date
that is 180 days after the final rule is published in the Federal
Register. A later effective date would allow manufacturers more time to
redesign their micromobility products, modify production lines, spread
research and development costs over a greater period, and mitigate
supply chain sues.
However, staff analysis indicates existing micromobility products
and associated lithium-ion battery pack containers may accommodate UL-
compliant cells, battery management systems, and controllers with
little or no required modifications. Therefore, costs associated with
these manufacturing activities to achieve compliance are unlikely to be
significant. Based on the foregoing, the Commission is not proposing an
effective date later than 180 days.
6. Take No Regulatory Action
The Commission considered the merits of taking no action. As the
relevant UL voluntary standards are relatively new, in particular the
UL 2272-24 revision, compliance rates may improve in the future. State
and local regulation mandating compliance with voluntary standards for
micromobility products, insurance availability, and other forces may
accelerate compliance with the standards. However, without a mandatory
regulation, firms could choose to continue to produce non-compliant
micromobility products for the U.S. market. Given persistent deaths and
injuries from micromobility product fires, the risk of lithium-ion
battery fires destroying entire houses or structures, the number of
deaths and injuries involving multi-unit dwellings, and increasing
micromobility product sales, the Commission is not pursuing this
alternative.
VII. Initial Regulatory Flexibility Act Analysis
Whenever an agency publishes an NPR, the Regulatory Flexibility Act
(5 U.S.C. 601-612; RFA) requires that the agency prepare an initial
regulatory flexibility analysis (IRFA) that describes the impact that
the proposed rule would have on small businesses and other entities,
unless the agency has a factual basis for certifying that the proposed
rule ``will not have a significant economic impact on a substantial
number of small entities.'' \112\ The IRFA must contain:
---------------------------------------------------------------------------
\112\ 5 U.S.C. 605 (b) of The Regulatory Flexibility Act of
1980, as amended. Available at https://www.sba.gov/advocacy/regulatory-flexibility-act.
---------------------------------------------------------------------------
a description of why action by the agency is being
considered;
a succinct statement of the objectives of, and legal basis
for, the proposed rule;
a description of and, where feasible, an estimate of the
number of small entities to which the proposed rule will apply;
a description of the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record; and
an identification to the extent practicable, of all
relevant Federal rules which may duplicate, overlap or conflict with
the proposed rule.
An IRFA must also contain a description of any significant
alternatives that would accomplish the stated objectives and would
minimize any significant economic impact of the proposed rule on small
entities.
A. Reason for Agency Action
As stated in section I of this preamble, this NPR is intended to
address an unreasonable risk of injury and death to consumers from
electric shock, fires, explosions, expulsion of gas or flames, burns,
overheating, and smoke inhalation, particularly hazards associated with
thermal runaway, in micromobility products that use lithium-ion
batteries. CPSC anticipates that, if finalized, the proposed rule would
be highly effective and would likely mitigate approximately 90 percent
of deaths and injuries associated with lithium-ion batteries used in
micromobility products within the scope of the rule, depending on the
type of micromobility product.
B. Objectives of and Legal Basis for the Rule
As stated in section I of this preamble, the Commission proposes
this rule under sections 7 and 9 of the CPSA to reduce the risks of
death and injury associated with lithium-ion batteries used in
micromobility products and their electrical systems.
C. Small Entities to Which the Rule Will Apply
The NPR would apply to all manufacturers and importers of
micromobility products. Micromobility
[[Page 38214]]
product manufacturers may be classified in the North American
Industrial Classification (NAICS) category 336991 (Motorcycle, Bicycle
and Parts Manufacturing), or possibly 336999 (All Other Transportation
Equipment Manufacturing), or 335910 (Battery Manufacturing). The Small
Business Administration (SBA) size standards for these NAICS
classifications are 1,050 employees, 1,000 employees and 1,250
employees, respectively. CPSC staff identified 36 U.S. micromobility
product manufacturers with fewer than 1,050 employees.
Importers of micromobility products could be wholesale or retail
distributors. Micromobility product wholesalers may be classified in
NAICS categories 423860 (Transportation Equipment and Supplies (except
Motor Vehicle) Merchant Wholesalers), 423910 (Sporting and Recreational
Goods and Supplies Merchant Wholesalers), or 441228 (Motorcycle, ATV,
and All Other Motor Vehicle Dealers). The SBA size standard for NAICS
classification 423860 is 175 employees and NAICS classification 423910
is 100 employees. The SBA size standard for NAICS classification 441228
is $35 million. CPSC staff identified 20 firms distributing foreign
manufactured micromobility products in 2024 that could be considered
small businesses.\113\
---------------------------------------------------------------------------
\113\ Staff made these determinations using information from
Pitchbook and ReferenceUSAGov.
---------------------------------------------------------------------------
D. Compliance Requirements of the Proposed Rule, Including Reporting
and Recordkeeping Requirements
The NPR would establish a mandatory standard for lithium-ion
batteries used in micromobility products and the electrical systems of
such products. If the proposed rule is finalized, suppliers would have
to meet the proposed performance and labeling requirements to sell
products in the United States. Under the NPR, all micromobility
products and all spare, replacement, conversion kit, and other
aftermarket batteries would be required to comply with UL 2849-20, UL
2272-24, and UL 2271-23, as applicable, including modifications to
performance requirements for electrical systems for eBikes and OMPs, as
well as batteries intended for those products, and for operating
instructions, labeling, and safety markings. Firms with noncompliant
products would need to procure and install compliant batteries to test
micromobility products and aftermarket batteries.
E. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
At the time of this document, no Federal rules duplicate, overlap,
or conflict with the proposed rule.
F. Potential Impact on Small Entities
One purpose of the IRFA is to evaluate the impact of a regulatory
action on small entities and determine whether that impact is
economically significant. CPSC typically uses one percent of gross
revenue as the threshold for determining whether an NPR could be
``economically significant.'' When the expected impact is 1 percent of
gross revenue or more, CPSC staff prepare an initial regulatory
flexibility analysis.\114\
---------------------------------------------------------------------------
\114\ The one percent of gross revenue threshold is cited as
example criteria by the SBA and is commonly used by agencies in
determining economic significance. See U.S. Small Business
Administration, Office of Advocacy. A Guide for Government Agencies:
How to Comply with the Regulatory Flexibility Act and Implementing
the President's Small Business Agenda and Executive Order 13272. May
2012, pp 18-20, available at: http://www.sba.gov/sites/default/files/rfaguide_0512_0.pdf.
---------------------------------------------------------------------------
1. Impact on Small Manufacturers
The summary of the preliminary regulatory analysis in section VI of
this preamble, and the full regulatory analysis in Tab A of the Staff
Briefing Memorandum, discuss costs more fully. Based on that analysis,
micromobility product suppliers may incur costs to redesign,
manufacture, and test product electrical systems to achieve compliance
with the NPR's requirements. However, the cost analysis bases its per-
unit compliance cost on the difference in price between batteries that
are compliant with the current UL standards and those that are
noncompliant as an appropriate proxy. Manufacturers would choose to
develop their own compliant battery systems only if this option is less
costly in the long run than sourcing compliant battery and electrical
systems from currently compliant suppliers.
Staff identified 36 micromobility product manufacturers that meet
SBA size standards for small businesses. CPSC expects compliant
components to easily integrate into current micromobility product
models with little to no required modification of existing frames or
other components. CPSC also expects additional internal battery
components, or changes to existing components, required to comply with
the NPR would fit within current case and frame designs. CPSC staff,
however, expect the costs of the new components to exceed the 1 percent
of gross revenue threshold for a significant economic effect. Staff
estimated the compliance cost per unit to be $230 for eBikes, $114.86
per eScooters, and $162.79 per OMPs, all above 1 percent of the price
for each product. A substantial number of small micromobility firms
will incur these costs; in particular, the estimated compliance rate of
eBike products is low at approximately 11 percent. Therefore, the
Commission preliminarily determines that the economic impact of the
proposed rule on small manufacturers likely will be significant.
2. Impact on Small Importers
Staff identified 20 possible importers of micromobility products
from foreign suppliers considered small businesses based on SBA size
standards. A small importer could be significantly adversely impacted
by NPR if its foreign supplier withdrew from the U.S. market rather
than incur the costs of compliance. If sales of micromobility products
are a substantial source of the importer's business, and the importer
cannot find an alternative supplier of micromobility products, the
economic impact on these firms may be significant. Staff, however,
advise that it is unlikely that foreign manufacturers will exit such a
fast-growing market. Moreover, many micromobility products are
manufactured in China and these manufacturers sell other similar
products as well. Accordingly, a decline in micromobility product sales
may be offset by sales and revenue from other products.
Staff expect a decline in demand from the expected increase in
price due to compliance; however, this is not expected to significantly
affect the market. This is because many non-eBike micromobility
products currently follow UL standards and the costs to ensure
compliance with the NPR for compliant products are negligible. While
staff estimate that only a small share of eBikes currently comply with
UL 2849-20, state and local regulations, along with insurance
requirements, may push the eBike industry in the direction of
compliance with the UL standard, independent of CPSC rulemaking.
Overall, the cost of compliance is expected to exceed the 1 percent of
revenue threshold applied by CPSC and as such even importing firms that
continue supplying these products to the U.S. market will incur a
significant impact if the Commission finalizes the rule.
[[Page 38215]]
G. Alternatives for Reducing the Adverse Impact on Small Entities
The Commission considered several alternatives to the proposed
rule, which are discussed in section VI.C of this preamble.
H. Conclusion
Staff identified 36 micromobility product manufacturers that meet
the SBA criteria to be considered small firms and assessed that the
proposed rule is likely to have a significant economic impact on these
36 firms. Staff estimated that there are 20 importers of foreign
manufactured micromobility products that meet the SBA criteria to be
considered small. A small importer whose supplier exits the market
could experience a significant adverse economic impact. However, given
the fast-growing market, staff do not anticipate foreign manufacturers
to exit the U.S. market. Given that assumption, CPSC assesses that the
economic impact on the importers of foreign manufactured micromobility
products will be limited to the production costs to manufacture
compliant products. These costs are expected to exceed the 1 percent of
gross revenues threshold. The Commission welcomes public comments on
this IRFA. Small businesses that believe they will be affected by the
proposed rule are encouraged to submit comments. The comments should be
specific and describe the potential impact, magnitude, and alternatives
that could reduce the impact of the proposed rule on small businesses.
VIII. Environmental Considerations
Generally, the Commission's regulations are considered to have
little or no potential for affecting the human environment, and
environmental assessments and impact statements are not usually
required. See 16 CFR 1021.5(a). This NPR to create mandatory
requirements lithium-ion batteries used in micromobility products is
not expected to have an adverse impact on the environment and is
considered to fall within the ``categorical exclusion'' for the
purposes of the National Environmental Policy Act. 16 CFR 1021.5(c).
IX. Paperwork Reduction Act
This NPR contains information collection requirements that are
subject to public comment and review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA; 44 U.S.C.
3501-3521). Under the PRA, an agency must publish the following
information:
a title for the collection of information;
a summary of the collection of information;
a brief description of the need for the information and
the proposed use of the information;
a description of the likely respondents and proposed
frequency of response to the collection of information;
an estimate of the burden that will result from the
collection of information; and
notice that comments may be submitted to OMB.
44 U.S.C. 3507(a)(1)(D). In accordance with this requirement, the
Commission provides the following information:
Title: Safety Standard for Lithium-Ion Batteries Used in
Micromobility Products and Electrical Systems of Micromobility Products
Containing Such Batteries
Summary, Need, and Use of Information: The Commission is
considering a proposed rule to establish a mandatory safety standard to
address the unreasonable risks of death and injury to consumers from
electric shock, fires, explosions, expulsion of gas or flames, burns,
overheating, and smoke inhalation associated with lithium-ion batteries
used to power micromobility products, including eBikes, eScooters,
self-balancing scooters (eSBscooters), eSkateboards, eUnicycles, and
hybrids of these products. The NPR includes recordkeeping, labeling,
and third-party disclosure requirements that are considered information
collections under the Paperwork Reduction Act of 1995 (PRA; 44 U.S.C.
3501-3521). The proposed rule would incorporate by reference existing
voluntary standards: UL 2849-20 (eBikes), UL 2272-24 (other
micromobility products), and UL 2271-23 (user replaceable battery
packs) with performance and labeling modifications, and covers
aftermarket battery chargers and eBike conversion kits within its
scope. The proposed information collections support the effectiveness
of the proposed rule.
Respondents and Frequency: The information collection would apply
to all manufacturers and importers of micromobility products subject to
proposed rule and user replaceable battery packs used in micromobility
products. Typically, manufacturers and importers of micromobility
products subject to the rule will not respond to the collection
annually and will only respond on occasion.
Estimate of Respondent Burden:
[GRAPHIC] [TIFF OMITTED] TP24JN26.046
Section 14(a)(1) of the CPSA, 15 U.S.C. 2063(a)(1), requires that
suppliers of regulated products test and certify that their products
conform to CPSC's mandatory standards. CPSC assumes the collection of
information would impose third party recordkeeping burden for the
certification of children's micromobility products and batteries within
the scope of the rule. Approximately 75 respondents, producers/
importers who supply micromobility products, including those intended
for children, or batteries would respond to the collection annually,
and on average each respondent would respond 500 times per year.\115\
CPSC assumes that on
[[Page 38216]]
average respondents will spend 30 minutes per response on recordkeeping
for the certification process.\116\ Therefore, the estimated annual
burden for third party recordkeeping certification is 18,750 hours
(37,500 responses x 30 minutes per response = 1,125,000 minutes or
18,750 hours).
---------------------------------------------------------------------------
\115\ Some respondents are expected to respond less than 500
times per year, and therefore CPSC has likely overestimated the
total annual response burden (Number of Responses x Frequency of
Response = Total Annual Responses).
\116\ A small percentage of lithium-ion batteries sold annually
are intended for use in children's products and would be subject to
additional third party testing. The estimates in table 13 account
for this additional certification burden.
---------------------------------------------------------------------------
Section 14 of the CPSA and 16 CFR part 1110 require that
micromobility products and batteries be tested and certified to
demonstrate the products are compliant with the rule. CPSC assumes
approximately 75 respondents would respond to the collection annually,
and on average each respondent would respond 500 times per year. On
average, respondents will spend two minutes per response on labeling.
Therefore, the estimated annual burden for labeling of micromobility
electrical systems is 1,250 hours (37,500 responses x 2 minutes per
response = 75,000 minutes or 1,250 hours).
Finally, suppliers of micromobility products and aftermarket
batteries would be required to disclose product records to third
parties to conform to the proposed rule, and CPSC assumes the
collection of information would impose third party disclosure burdens
on suppliers of micromobility products and aftermarket batteries.
Accordingly, CPSC assumes approximately 75 respondents would respond to
the collection annually, and on average each respondent would respond
500 times per year. On average, respondents will spend 5 minutes per
third party disclosure response. Therefore, the estimated annual burden
for third party disclosure is 3,125 hours (37,500 responses x 5 minutes
per response = 187,500 minutes or 3,125 hours).
Based on this analysis, the proposed standard, if finalized, would
impose a total paperwork burden to industry of 23,125 hours annually
(18,750 hours recordkeeping + 1,250 hours labeling + 3,125 hours
disclosure).
Labor Cost of Respondent Burden. According to the U.S. Bureau of
Labor Statistics (BLS), Employer Costs for Employee Compensation, the
total compensation cost per hour worked for all private industry
workers in goods-producing industries was $45.31 (March 2024, https://www.bls.gov/news.release/archives/ecec_06182024.pdf). Based on this
analysis, CPSC staff estimate that labor cost of respondent burden
would impose a cost to industry of approximately $1,047,794 annually
(23,125 hours x $45.31 per hour = $1,047,793.75).
Cost to the Federal Government. The estimated annual cost of the
information collection requirements to the federal government is
approximately $4,774, which includes 60 staff hours to examine and
evaluate the information as needed for Compliance activities. This is
based on a GS-12, step 5 level salaried employee. The average hourly
wage rate for a mid-level salaried GS-12 employee in the Washington, DC
metropolitan area (effective as of January 2024) is $53.87 (GS-12, step
5). This represents 67.7 percent of total compensation (U.S. Bureau of
Labor Statistics, ``Employer Costs for Employee Compensation,'' March
2024, percentage of wages and salaries for all civilian management,
professional, and related employees: https://www.bls.gov/news.release/archives/ecec_06182024.pdf). Adding an additional 32.3 percent for
benefits brings average annual compensation for a mid-level salaried
GS-12 employee to $79.57 per hour. Assuming that approximately 60 hours
will be required annually, this results in an annual cost of $4,774
($79.57 per hour x 60 hours = $ 4,774.20).
CPSC has submitted the information collection requirements of this
proposed rule to OMB for review in accordance with PRA requirements. 44
U.S.C. 3507(d). Pursuant to 44 U.S.C. 3506(c)(2)(A), the Commission
invites comments on:
whether the proposed collection of information is
necessary for the proper performance of CPSC's functions, including
whether the information will have practical utility;
the accuracy of CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
ways to enhance the quality, utility, and clarity of the
information the Commission proposes to collect;
ways to reduce the burden of the collection of information
on respondents, including the use of automated collection techniques,
when appropriate, and other forms of information technology;
the estimated burden hours associated with labels,
including any alternative estimates; and
the estimated respondent cost other than burden hour cost.
X. Preemption
Executive Order (E.O.) 12988, Civil Justice Reform (Feb. 5, 1996),
directs agencies to specify the preemptive effect of a rule in the
regulation. 61 FR 4729 (Feb. 7, 1996). The proposed regulation for
lithium-ion batteries used in micromobility products is issued under
authority of the CPSA. 15 U.S.C. 2051-2089. Section 26 of the CPSA
provides that whenever a consumer product safety standard is in effect
and applies to a risk of injury associated with a consumer product, no
State or political subdivision of a State shall have any authority
either to establish or to continue in effect any provision of a safety
standard or regulation which prescribes any requirements as to the
performance, composition, contents, design, finish, construction,
packaging or labeling of such product which are designed to deal with
the same risk of injury, unless such requirements are identical to the
requirements of the Federal consumer product safety rule. 15 U.S.C.
2075(a).
The Federal Government, or a State or local government, may
establish or continue in effect a non-identical requirement for its own
use that is designed to protect against the same risk of injury as the
CPSC standard if the Federal, State, or local requirement provides a
higher degree of protection than the CPSA requirement. Id. 2075(b). In
addition, States or political subdivisions of a State may apply for an
exemption from preemption regarding a consumer product safety standard,
and the Commission may issue a rule granting the exemption if it finds
that the State or local standard: (1) provides a significantly higher
degree of protection from the risk of injury or illness than the CPSA
standard, and (2) does not unduly burden interstate commerce. Id.
2075(c).
Thus, the proposed rule for lithium-ion batteries used in
micromobility products and electrical systems of micromobility products
containing such batteries could, if finalized, preempt non-identical
State or local requirements for products within the scope of this rule
that are designed to protect against the same risk of injury and
prescribing performance or labeling requirements for such products
addressed in this rule.
XI. Testing, Certification, and Notice of Requirements
Section 14(a) of the CPSA includes requirements for certifying that
children's and non-children's products comply with applicable mandatory
standards. 15 U.S.C. 2063(a). Section 14(a)(1) addresses required
certifications for non-children's products, and sections 14(a)(2) and
(a)(3) address certification requirements specific to children's
products.
[[Page 38217]]
A ``children's product'' is a consumer product that is ``designed
or intended primarily for children 12 years of age or younger.'' Id.
2052(a)(2). The following factors are relevant when determining whether
a product is a children's product:
manufacturer statements about the intended use of the
product, including a label on the product if such statement is
reasonable;
whether the product is represented in its packaging,
display, promotion, or advertising as appropriate for use by children
12 years of age or younger;
whether the product is commonly recognized by consumers as
being intended for use by a child 12 years of age or younger; and
the Age Determination Guidelines issued by CPSC staff in
September 2002, and any successor to such guidelines.
Id. ``For use'' by children 12 years and younger generally means that
children will interact physically with the product based on reasonably
foreseeable use. 16 CFR 1200.2(a)(2). Children's products may be
decorated or embellished with a childish theme, be sized for children,
or be marketed to appeal primarily to children. Id. Sec. 1200.2(d)(1).
Aftermarket batteries are unlikely to be children's products, but
CPSC is aware that some micromobility products are specifically
designed for children, and based on the factors listed above, fall
within the definition of a ``children's product.'' If the Commission
issues a final rule for micromobility products that use lithium-ion
batteries, such a rule would require micromobility products that are
children's products to meet the third party testing and certification
requirements in section 14(a) of the CPSA. The Commission's
requirements for certificates of compliance are codified at 16 CFR part
1110.
Non-Children's Products. Section 14(a)(1) of the CPSA requires
every manufacturer (which includes importers \117\ ) of a non-
children's product that is subject to a consumer product safety rule
under the CPSA or a similar rule, ban, standard, or regulation under
any other law enforced by the Commission to test such products, using a
reasonable testing program, and to certify based on that testing that
the product complies with all applicable CSPSC-enforced requirements.
15 U.S.C. 2063(a)(1).
---------------------------------------------------------------------------
\117\ The CPSA defines a ``manufacturer'' as ``any person who
manufactures or imports a consumer product.'' 15 U.S.C. 2052(a)(11).
---------------------------------------------------------------------------
Children's Products. Section 14(a)(2) of the CPSA requires the
manufacturer or private labeler of a children's product that is subject
to a children's product safety rule to certify that, based on a third
party conformity assessment body's testing, the product complies with
the applicable children's product safety rule. Id. 2063(a)(2). Section
14(a) also requires the Commission to publish a notice of requirements
(NOR) for a third party conformity assessment body (i.e., testing
laboratory) to obtain accreditation to assess conformity with a
children's product safety rule. Id. 2063(a)(3)(A). Because some
micromobility products within the scope of this proposed rule are
children's products, the proposed rule is a children's product safety
rule, as applied to those products. Accordingly, if the Commission
issues a final rule, it will also issue an NOR.
The Commission published a final rule, codified at 16 CFR part
1112, entitled Requirements Pertaining to Third Party Conformity
Assessment Bodies, which established requirements and criteria
concerning testing laboratories. 78 FR 15836 (Mar. 12, 2013). Part 1112
includes procedures for CPSC to accept a testing laboratory's
accreditation and lists the children's product safety rules for which
CPSC has published NORs. When CPSC issues a new NOR, it must amend part
1112 to include that NOR. Accordingly, as part of this NPR, the
Commission proposes to amend part 1112 to add the ``Safety Standard for
Lithium-Ion Batteries Used in Micromobility Products and Electrical
Systems of Micromobility Products Containing Such Batteries'' to the
list of children's product safety rules for which CPSC has issued an
NOR.
Testing laboratories that apply for CPSC acceptance to test
micromobility products that are children's products for compliance with
the new rule would have to meet the requirements in part 1112. When a
laboratory meets the requirements of a CPSC-accepted third party
conformity assessment body, the laboratory can apply to CPSC to include
16 CFR part 1265, Safety Standard for Lithium-Ion Batteries Used in
Micromobility Products and Electrical Systems of Micromobility Products
Containing Such Batteries, in the laboratory's scope of accreditation
of CPSC safety rules listed on the CPSC website at: www.cpsc.gov/labsearch.
Children's products must be tested by a CPSC-accepted third party
lab, which is a laboratory accredited to ISO 17025:2017 for the
specific testing scope by an ILAC-MRA recognized Accrediting Body.
CPSC-accepted test labs are listed on CPSC's website by rule. To meet
CPSC's requirements, children's products must be tested by a third
party laboratory whose accreditation has been accepted by CPSC to test
to this proposed rule and be certified by the manufacturer or importer
as compliant with the regulation. Non-children's products are not
required to be third party tested, but each product must be tested
(either first or third party), or products must demonstrate compliance
using a reasonable testing program and be certified based on passing
test reports.
Accordingly, to assess test lab capacity, CPSC staff researched the
availability of existing ISO-17025:2017 accredited laboratories with
test capabilities for the three standards proposed to be incorporated
by reference in this NPR. CPSC staff found at least 34 test
laboratories that are ISO-17025:2017 accredited to test to UL 2271-23,
at least 11 laboratories ISO-17025:2017 accredited to test UL 2272-24,
and at least 21 laboratories ISO-17025:2017 accredited to test to UL
2849-20 at that time. Each of these labs could apply for CPSC
acceptance to test children's micromobility products subject to a final
rule. Test lab availability therefore is unlikely to be an issue when
considering an appropriate effective date, but CPSC requests comment on
this issue.
XII. Effective Date
The Administrative Procedure Act (APA) generally requires that the
effective date of a rule be at least 30 days after publication of a
final rule. 5 U.S.C. 553(d). Section 9(g)(1) of the CPSA states that a
consumer product safety rule shall specify the date such rule is to
take effect, and that the effective date must be at least 30 days after
promulgation but cannot exceed 180 days from the date a rule is
promulgated, unless the Commission finds, for good cause shown, that a
later effective date is in the public interest and publishes its
reasons for such finding.
If finalized, the Commission proposes an effective date of 180 days
after publication of the final rule in the Federal Register. The rule
would be applicable to products manufactured after the effective date.
15 U.S.C. 2058(g)(1). Some micromobility products are already compliant
with the applicable UL standards. Moreover, as reviewed above,
compliant manufacturers are already testing their products for
compliance with the UL standards. For those products that do not
comply, or that must update product design to meet the required
testing, CPSC does not anticipate a lengthy time for redesign.
Importantly, manufacturers can likely source a different battery to
[[Page 38218]]
meet the requirements of this proposed rule.
XIII. Incorporation by Reference
As explained in section I.A, and described in detail in sections IV
and V of this preamble, the Commission proposes to incorporate by
reference three UL voluntary standards, with modifications:
ANSI/CAN/UL 2849:2020, Standard for Safety for Electrical
Systems for eBikes (UL 2849-20) (eBikes);
ANSI/CAN/UL 2272:2024, Standard for Safety for Electrical
Systems for Personal E-Mobility Devices (UL 2272-24) (eScooters,
eSBscooters, eSkateboards, eUnicycles, and hybrid products); and
ANSI/CAN/UL 2271:2023, Standard for Safety for Batteries
for Use in Light Electric Vehicle (LEV) Applications (UL 2271-23) (user
replaceable battery packs).
The OFR has regulations concerning incorporation by reference. 1
CFR part 51. For a proposed rule, agencies must discuss in the preamble
of the NPR ways that the materials the agency proposes to incorporate
by reference are reasonably available to interested persons or how the
agency worked to make the materials reasonably available. In addition,
the preamble of the proposed rule must summarize the material. 1 CFR
51.5(a).
In accordance with the OFR's requirements, sections IV.A and IV.B
of this preamble summarize the requirements of the three UL standards
the Commission proposes to incorporate by reference and section V of
this preamble summarizes the proposed requirements in this NPR. UL
2849-20, UL 2272-24, and UL 2271-23 are copyrighted. During the comment
period, you may view a read-only copy of these voluntary UL standards
free of charge at on UL's website at https://www.ulstandards.com/IBR/logon.aspx. Alternatively, interested parties may inspect a copy of
these standards free of charge by contacting Alberta E. Mills, Office
of the Secretary, U.S. Consumer Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814; telephone: 301-504-7479; email: [email protected]. To download or print the standards, interested persons may
purchase a copy of each standard through Underwriters Laboratories,
Inc. (UL), 333 Pfingsten Road, Northbrook, IL 60062 or through UL's
website at www.UL.com.
XIV. Proposed Findings
The CPSA requires the Commission to make certain findings when
issuing a consumer product safety standard. Specifically, the CPSA
requires the Commission to consider and make findings about the
following:
the degree and nature of the risk of injury the rule is
designed to eliminate or reduce;
the approximate number of consumer products subject to the
rule;
the need of the public for the products subject to the
rule and the probable effect the rule will have on the cost,
availability, and utility of such products;
any means to achieve the objective of the rule while
minimizing adverse effects on competition, manufacturing, and
commercial practices;
that the rule, including the effective date, is reasonably
necessary to eliminate or reduce an unreasonable risk of injury
associated with the product;
that issuing the rule is in the public interest;
if a voluntary standard addressing the risk of injury has
been adopted and implemented, that either compliance with the voluntary
standard is not likely to result in the elimination or adequate
reduction of the risk or injury, or it is unlikely to be substantial
compliance with the voluntary standard;
that the benefits expected from the rule bear a reasonable
relationship to its costs; and
that the rule imposes the least burdensome requirement
that prevents or adequately reduces the risk of injury.
15 U.S.C. 2058(f)(1), (f)(3). At the NPR stage, the Commission makes
these findings on a preliminary basis to allow the public to submit
comments. Appendix A of the proposed regulation text contains the
Commission's proposed findings.
XV. Request for Comments
The Commission invites interested persons to submit their comments
to the Commission on any aspect of the proposed rule as provided in the
instructions in the ADDRESSES section at the beginning of this NPR.
Additionally, the Commission seeks comment on whether the rule should
address or require the following:
A. Marking and Labeling Requirements
Whether, pursuant to the Commission's authority in section
14(c)(4) of the CPSA, 15 U.S.C. 2063(c)(4), the rule should require
that each micromobility product subject to the rule have a visible and
legible label on the product indicating compliance with the rule, such
as ``Meets CPSC Safety Requirements for Lithium-Ion Batteries'';
Whether additional on-product marking or instructions
should be required to advise consumers on how to safely operate the
micromobility product (e.g., not riding immediately after charging);
Whether fire resistant manufacturer labeling/marking on
the battery pack should be required for post fire identification;
Whether CPSC's rule should align the marking required in
UL 2849-20 and UL 2272-24 about using a specific charger with the NPR
proposal to allow the use of aftermarket chargers as long as they
comply with the applicable sections of UL 2849-20 and UL 2272-24 and
the proposed requirement that aftermarket chargers be provided with a
marking to indicate the specific micromobility product for which they
are intended to be used.
B. Performance Requirements
As proposed, the BMS does not monitor the charger's input
voltage and current to the battery. The Commission requests comments on
whether BMS should be required to communicate with the charger to
verify basic compatibility (voltage, current and power ratings of the
charger) with the battery and to prevent out of specification charging
voltage or current applied to the battery;
Whether fire resistant enclosures that use flame retardant
chemicals should be prohibited in micromobility devices;
C. Effective Date
The reasonableness of the proposed 180-day effective date
and recommendations for a different effective date, if justified;
D. Regulatory Analysis
The reasonableness of the estimated compliance rates with
current voluntary standards used in the regulatory analysis and
recommendations for different compliance rates, if justified;
Whether the compliance costs for this proposed rule as
estimated in the regulatory analysis are reasonable; if not, commenters
should provide sources or rationale for any alternate data/estimates on
costs of compliance.
E. Stockpiling
Whether setting the anti-stockpiling provision rate at 120
percent of the base period, and setting the base period as the average
monthly manufacturing or import volume of the 13 months immediately
preceding the month of promulgation of the final rule, is reasonable.
[[Page 38219]]
XVI. Notice of Opportunity for Oral Presentation
Section 9 of the CPSA requires the Commission to provide interested
parties ``an opportunity for oral presentation of data, views, or
arguments.'' 15 U.S.C. 2058(d)(2). The Commission must keep a
transcript of such oral presentations. Id. Any person interested in
making an oral presentation regarding this NPR must contact the
Commission, as described under the DATES and ADDRESSES section of this
document.
XVII. Promulgation of a Final Rule
Section 9(d)(1) of the CPSA requires the Commission to promulgate a
final consumer product safety rule within 60 days of publishing a
proposed rule. 15 U.S.C. 2058(d)(1). Otherwise, the Commission must
withdraw the proposed rule if it determines that the rule is not
reasonably necessary to eliminate or reduce an unreasonable risk of
injury associated with the product or is not in the public interest.
Id. However, the Commission can extend the 60-day period, for good
cause shown, if it publishes the reasons for doing so in the Federal
Register. Id.
The Commission finds that there is good cause to extend the 60-day
period for this rulemaking. Under both the Administrative Procedure Act
and the CPSA, the Commission must provide an opportunity for interested
parties to submit written comments on a proposed rule. 5 U.S.C. 553; 15
U.S.C. 2058(d)(2). The Commission typically provides 60 days for
interested parties to submit written comments. In this case, a shorter
comment period may limit the quality and utility of information CPSC
receives in comments, particularly for areas where it seeks data and
other detailed information that may take time for commenters to
compile. Additionally, the CPSA requires the Commission to provide
interested parties with an opportunity to make oral presentations of
data, views, or arguments. 15 U.S.C. 2058. After receiving written and
oral comments, CPSC staff must have time to review and evaluate those
comments.
These factors make it impractical for the Commission to issue a
final rule within 60 days of this proposed rule. Moreover, issuing a
final rule within 60 days of the NPR may limit commenters' ability to
provide useful input on the rule, and CPSC's ability to evaluate and
take that information into consideration in developing a final rule.
Accordingly, the Commission finds that there is good cause to extend
the 60-day period.
XVIII. Executive Order 12866, Regulatory Planning and Review, and
Executive Order 13563, Improving Regulation and Regulatory Review
Executive Order 12866 states that OMB's Office of Information and
Regulatory Affairs (OIRA) determines whether a regulatory action is
significant and subject to the requirements of the Executive Order and
OMB review. Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Section 3(f) of Executive Order 12866 defines a ``significant
regulatory action'' as a regulatory action that is likely to result in
a rule that may: (1) have an annual effect on the economy of $100
million or more; or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or state, local, territorial, or
Tribal governments or communities; (2) create a serious inconsistency
or otherwise interfere with an action taken or planned by another
agency; (3) materially alter the budgetary impact of entitlements,
grants, user fees or loan programs or the rights and obligations of
recipients thereof; or (4) raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in the Executive order. OIRA has determined that this
proposed rule is a ``significant regulatory action'' under Section
3(f)(1) of Executive Order 12866.
Executive Order 13563 directs agencies to, among other things,
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs; that it is tailored to impose the least
burden on society, consistent with obtaining the regulatory objectives;
and that, in choosing among alternative regulatory approaches, the
agency has selected those approaches that maximize net benefits.
Improving Regulation and Regulatory Review, 76 FR 3821, 3821 (Jan. 21,
2011). Executive Order 13563 recognizes that some costs and benefits
are difficult to quantify and provides that, when appropriate and
permitted by law, agencies may consider and discuss qualitatively
values that are difficult or impossible to quantify, including equity,
human dignity, fairness, and distributive impacts. Id. The Commission's
analysis outlines the impacts that may result from this proposed rule.
OIRA has determined that this proposed rule, if finalized as proposed,
is expected to be an Executive Order 14192 regulatory action.
List of Subjects
16 CFR Part 1112
Administrative practice and procedure, Audit, Consumer protection,
Reporting and recordkeeping requirements, Third party conformity
assessment body.
16 CFR Part 1265
Administrative practice and procedure, Bicycles, Chargers, Consumer
protection, Electronic mobility, Imports, Incorporation by reference,
Infants and children, Lithium-ion batteries, Micromobility products,
Personal eMobility products, Scooters, Self-balancing scooters,
Skateboards, Unicycles.
For the reasons discussed in the preamble, the Commission proposes
to amend title 16 of the Code of Federal Regulations as follows:
PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY
ASSESSMENT BODIES
0
1. The authority citation for part 1112 continues to read as follows:
Authority: 15 U.S.C. 2063.
0
2. Amend Sec. 1112.15 by adding paragraph (b)(58) to read as follows:
Sec. 1112.15 When can a third party conformity assessment body apply
for CPSC acceptance for a particular CPSC rule or test method?
* * * * *
(b) * * *
(58) 16 CFR part 1265, Safety Standard for Lithium-Ion Batteries
Used in Micromobility Products and Electrical Systems of Micromobility
Products Containing Such Batteries.
* * * * *
0
3. Add part 1265 to read as follows:
PART 1265--SAFETY STANDARD FOR LITHIUM-ION BATTERIES USED IN
MICROMOBILITY PRODUCTS AND ELECTRICAL SYSTEMS OF MICROMOBILITY
PRODUCTS CONTAINING SUCH BATTERIES
Sec.
1265.1 Purpose and scope, definitions, and effective date.
1265.2 Requirements for eBikes.
1265.3 Requirements for personal eMobility products.
1265.4 Requirements for user replaceable battery packs.
1265.5 Requirements for eBike conversion kits.
1265.6 Requirements for aftermarket battery chargers.
1265.7 Standards incorporated by reference.
1265.8 Prohibited stockpiling.
1265.9 Severability.
[[Page 38220]]
Appendix A to Part 1265--Findings Required by the Consumer Product
Safety Act
Authority: 15 U.S.C. 2056, 15 U.S.C. 2058.
Sec. 1265.1 Purpose and scope, definitions, and effective date.
(a) Purpose and scope. The purpose of this part is to establish a
consumer product safety rule for lithium-ion batteries used in
micromobility products, as defined in this part, and the electrical
systems of micromobility products containing such batteries, including
battery management systems (BMS), chargers, and any other electrical
component of the BMS, to address the unreasonable risks of injury and
death associated with such products due to electric shock, fires,
explosions, expulsion of gas or flames, burns, overheating, and smoke
inhalation, including from thermal runaway of lithium-ion cells. The
scope of this part also includes lithium-ion batteries provided or sold
separately from the micromobility product (user replaceable battery
packs), which includes batteries intended for use in micromobility
products that are included in modification kits and eBike electrical
system conversion kits, as well as aftermarket battery chargers
provided or sold separately from a micromobility product.
(b) Definitions. The definitions of section 3 of the Consumer
Product Safety Act (CPSA), 15 U.S.C. 2052, and the following additional
definitions apply to this part.
Aftermarket battery charger means a battery charger provided or
sold separately from a micromobility product. An aftermarket battery
charger may be provided or sold by an original equipment manufacturer
(OEM) of micromobility products, or by a third party manufacturer, to
replace or supplement the originally supplied battery charger.
Battery management system means an electronic circuit that monitors
critical parameters of cells within a battery pack during charging and
discharging to ensure that the cells stay within their safe area of
operation so that they are not stressed and become damaged, fail,
overheat and ignite. Critical parameters include the cell current,
voltage, and surface temperature. The BMS disconnects the battery from
the external circuit to protect the cells when specifications are
exceeded. The BMS can be an integral part of a battery pack or external
to the battery and part of the mobility product controls.
Charger means an electronic circuit that converts external
alternating current (AC) power, such as from a residential receptacle
outlet, to direct current (DC) for connection to the battery to
recharge it. A charger may be a discrete component that is completely
separable from the mobility product, or an integral part of the
mobility product.
eBike conversion kit means components provided with an eBike
conversion kit or sold separately from an eBike to enable a user to
convert a non-powered bicycle to an eBike. A conversion kit includes
typically the following components: drive motor, motor controller,
operator interface, wiring and cable assemblies, battery pack, and
battery charger. The scope of this part includes any type of conversion
kit, including mid-drive systems, which integrate the motor into the
pedal gear/crankshaft assembly, and hub drives that have an electric
motor integrated into a bicycle wheel hub.
Electric bicycle or eBike means a bicycle that is propelled by an
electric motor or motors powered by a rechargeable lithium-ion battery.
An eBike has functional pedals, i.e., the foot pedals drive the wheel
to propel the bicycle. An eBike includes electric pedal assist cycles
(EPAC) and non-EPAC eBikes. An EPAC requires the user to pedal for the
electric motor to engage. A non-EPAC bike may be propelled without
pedaling. Non-EPAC eBikes may also operate in an EPAC mode.
Enclosure means a housing that reduces consumer accessibility to a
part of the micromobility product that involves a risk of fire,
electric shock, or injury to persons, or that reduces the risk of
propagation of flame, sparks, and molten metal initiated by an
electrical disturbance occurring within, as defined in section 5.5 of
ANSI/CAN/UL 2849-20.
Micromobility product means a consumer product used for personal
mobility that relies on an electric motor powered by a lithium-ion
rechargeable battery. Micromobility products include electric bicycles
(eBikes), electric scooters, both stand-up and seated (eScooters),
electric self-balancing scooters (eSBscooters), electric skateboards
(eSkateboards), electric unicycles (eUnicycles), and hybrids of these
products.
Personal eMobility product means a non-eBike personal
transportation device for a single rider, propelled by a wheel or
wheels driven by electrical motor(s) powered by a rechargeable lithium-
ion battery. Personal eMobility products may also be referred to as
other micromobility products (OMPs) in this part. Personal eMobility
products include all micromobility products within the scope of this
part that are not an eBike, which includes eScooters, eSBscooters,
eSkateboards, eUnicycles, and hybrids of these products.
User replaceable battery pack means a battery pack intended to be
removed by the consumer for charging separately from the micromobility
product or as a replacement battery pack. A battery pack intended for
use with an eBike conversion kit is considered a consumer replaceable
battery pack.
(c) Effective date. To address the unreasonable risk of death and
injury associated with lithium-ion batteries used in micromobility
product electrical systems, all products within the scope of this part
that are manufactured after [DATE 180 DAYS AFTER DATE OF PUBLICATION OF
FINAL RULE], must comply with this part.
Sec. 1265.2 Requirements for eBikes.
(a) Except as provided in paragraph (b) of this section, each eBike
must comply with all provisions of ANSI/CAN/UL 2849:2020, Standard for
Safety for Electrical Systems for eBikes (UL 2849-20) (approved on
January 20, 2020), incorporated by reference in Sec. 1265.7, that
apply to the product.
(b) eBikes shall comply with UL 2849-20 with the following
additions and exclusions:
(1) Insert a new section 11.1A of UL 2849-20 as follows: 11.1A For
both consumer replaceable and non-consumer replaceable battery packs
that provide power to the motor(s), to prevent a consumer from opening
the battery pack outer enclosure or the eBike enclosure that serves as
the outer enclosure of the battery compartment and attempting to modify
the battery, such outer enclosure must not be capable of being opened
using common household tools, such as a flat blade or Philips head
screwdriver. The enclosure must be ultrasonically welded or secured by
equivalent means. Equivalent means includes adhesives complying with
the adhesive requirements of UL 746C, Standard for Polymeric
Materials--Use in Electrical Equipment Evaluations, or single use or
tamper-proof screws.
(2) Replace the first sentence in section 28.5 of UL 2849-20 with
the following: ``Immediately following the discharge cycle, initiate
another charge. The BMS shall not permit charging if the surface
temperature of a cell within the battery pack is higher than the
manufacturer's specified maximum cell surface temperature during
charging. Complete the full charge followed by a full discharge. Repeat
a charge and discharge cycle.''
(3) Insert a new section 32.11 to UL 2849-20:
[[Page 38221]]
(i) 32.11 Aftermarket (Non-specified) Charger--Reverse Polarity
Test.
(ii) 32.11.1 This test evaluates the ability of the system or
battery pack to withstand connection of a charger to the battery or
eBike with an output connector that is the opposite polarity of the
recommended charger. This testing is waived for battery systems already
evaluated to section 32A of UL 2271-23 as required in Sec. 1265.4.
(iii) 32.11.2 With a fully charged representative battery pack, a
programmable DC supply power set to a current limit of 8A and at 125%
of the maximum charge voltage is to be connected in the reverse
polarity as intended for normal charging.
(iv) 32.11.3 Protective devices that have been determined reliable
may remain in the circuit.
(v) 32.11.4 The reverse voltage is to be applied for 4 hours or
until a fire or explosion occurs. Temperatures shall be measured on the
cell/module where temperatures may be highest for monitoring purposes.
(vi) 32.11.5 At no time during the 4-hour test period shall the
reverse voltage be imposed on the cells.
(vii) 32.11.6 If the electrical system of the eBike is operational
after the test, it shall be subjected to a minimum of one charge/
discharge cycle at the manufacturer's maximum specified values. The
test shall be followed by a 1-hour observation time and temperatures
are to be monitored prior to concluding the test.
(viii) 32.11.7 At the conclusion of the test and after cooling to
near ambient temperature, representative battery packs that contain a
hazardous operating voltage shall be subjected to the test in section
30a of UL 2849-20, Dielectric Voltage Withstand Test, or the test in
section 29 of UL 2849-20, Isolation Resistance Test (without humidity
conditioning).
(4) Exclude sections 40 and 41 of UL 2849-20.
(5) Instead of complying with section 44.1 of UL 2849-20, comply
with the following: The words, ``CAUTION,'' ``WARNING,'' OR ``DANGER''
in a cautionary marking shall be in letters not less than 5 mm (0.2
inch) high. The remaining letters in a cautionary marking shall not be
less than 2.5 mm (0.1 inch) high except as specified. The words,
``WARNING'' or ``DANGER'' are alternatives for the word, ``CAUTION.''
(6) Insert new sections 44.4 through 44.9 to UL 2849-20 as follows:
(i) 44.4 Warning statements (message panel) must be in contrasting
color to the background onto which the warning statement is printed.
The safety alert symbol and signal word must be in black letters on an
orange background if subject materials already use printed color
processing, otherwise the use of black and white or contrasting colors
is acceptable. Warning statements must be in contrasting color to the
background onto which the warning statement is printed. The safety
alert symbol (exclamation mark in a triangle), when used with the
signal word (e.g., WARNING), must precede the signal word. The base of
the safety alert symbol must be on the same horizontal line as the base
of the letters of the signal word. The height of the safety alert
symbol must equal or exceed the signal word letter height. The signal
word ``WARNING'' must be used for all cautionary markings specified in
section 44.1 in UL 2849. The signal word must appear in sans serif
letters in upper case only.
(ii) 44.5 The following warning shall be provided on the eBike on a
part that is not removable. The warning text must include the safety
alert symbol, signal word, and text. Manufacturers must insert the
specific type of the micromobility product into the warning. The use of
color is required when the subject materials already use printed color
processing, otherwise the use of black and white or contrasting colors
is acceptable. Figure 1 to this paragraph (b)(6)(ii) provides an
example warning of the format required in this paragraph (b)(6)(ii).
[GRAPHIC] [TIFF OMITTED] TP24JN26.057
(iii) 44.6 Add the following warning statement or equivalent ``To
prevent risk of fire, ensure that battery is fully charged at every
[manufacturer to insert recommended frequency]'' or ``To prevent the
risk of fire, discard the battery if not used for [manufacturer to
insert recommended duration].'' The style, location and color
requirements shall be the same as homemade battery warning specified in
paragraph (b)(6)(ii) of this section.
(iv) 44.7 eBikes that contain hazardous voltage circuits shall be
marked ``Warning: Hazardous Voltage Circuits'' or be marked with the
electric shock hazard symbol from ISO 3864, No. 5036 (lightning bolt
within a triangle) and shall contain the text ``Do not open the
enclosure.''
(v) 44.8 The following or equivalent marking shall be provided on
the battery enclosure and/or device enclosure that serves as the outer
enclosure of the battery: ``WARNING--Risk of Fire and Electric Shock--
Battery and/or battery components are not user replaceable. Do not
attempt to open, disassemble or repair.''
(vi) 44.9 Each eBike shall be marked advising consumers to allow
the eBike to cool down after each use and before plugging in the eBike
or battery to charge. For eBikes with limited physical space, markings
may be displayed within a software application that is used to operate
or maintain the eBike.
(7) Insert the following sentence at the end of section 45.1 of UL
2849-20: ``Instructions shall include all cautionary markings included
in section 44, Cautionary Markings.''
(8) Exclude section 48.4 of UL 2849-20.
(9) Insert new sections 51 and 52 to UL 2849-20 as follows:
(i) 51. A user removable battery pack intended for removal and
charging outside of the eBike shall be provided with instructions for
safe handling including removal and insertion into the eBike and during
charging, and instructions for storage outside of the eBike.
(ii) 52. Each eBike shall be provided with instructions warning
against immersing or submerging the eBike, the
[[Page 38222]]
battery, or any of the electrical components in water and shall also
include steps for consumers to take to address a potential fire hazard
in the event that the eBike, battery, or any electrical component is
exposed to water.
Sec. 1265.3 Requirements for personal eMobility products.
(a) Except as provided in paragraph (b) of this section, each
personal eMobility product must comply with all applicable provisions
of ANSI/CAN/UL 2272:2024, Standard for Safety for Electrical Systems
for Personal E-Mobility Devices (UL 2272-24) (approved on April 19,
2024), incorporated by reference in Sec. 1265.7.
(b) Personal eMobility products shall comply with UL 2272-24 with
the following additions and exclusions:
(1) Instead of complying with the exception in 9.2.3 of UL 2272-24,
comply with the following: An easily detectable means for a new
opening, for example a tamper-evident seal, is allowed but cannot be a
substitute for the requirement. The manufacturer shall remind users not
to use a product with broken seals and shall be immediately forwarded
for appropriate recycling.
(2) Insert a new section 33A in UL 2272-24 as follows:
(i) 33A Aftermarket (Non-specified) Charger--Reverse Polarity Test.
(ii) 33A.1. This test evaluates the ability of the electrical
system or battery pack to withstand the connection of a charger to the
battery or personal eMobility product with an output connector that is
the opposite polarity of the recommended charger. Use one personal
eMobility product sample for this test.
(iii) 3A.1.1 This testing may be waived for battery systems
evaluated to and compliant with UL 2271-23.
(iv) 33A.1.2 Unless noted otherwise, conduct all tests in a room
with an ambient temperature of 25 5 [deg]C (77 9 [deg]F).
(v) 33A.1.3 Measure temperature using thermocouples consisting of
wires not larger than 0.21 mm\2\ (24 AWG), not smaller than 0.05 mm\2\
(30 AWG), and that are connected to a potentiometer-type instrument.
Make temperature measurements with the measuring junction of the
thermocouple held tightly against the component/location being
measured. For those tests that require the sample to reach thermal
equilibrium (also referred to as steady state conditions), consider
thermal equilibrium achieved if no change in temperature greater than
2 [deg]C (3.6 [deg]F) is indicated after three
consecutive temperature measurements taken at intervals of 10% of the
previously elapsed duration of the test, but not less than 15 min.
(vi) 33A.2 With a fully charged representative battery pack,
connect in the reverse polarity intended for normal charging a
programmable DC supply power set to a current limit of 8A and at 125%
of the maximum charge voltage.
(vii) 33A.3 Protective devices that have been determined reliable
may remain in the circuit.
(viii) 33A.4 Apply the reverse voltage for 4 hours or until a fire
or explosion occurs. Measure temperatures on the cell/module where
temperatures may be highest for monitoring purposes.
(ix) 33A.5 At no time during the 4-hour test period shall the
reverse voltage be imposed on the cells.
(x) 33A.6 If the electrical system of the personal eMobility
product is operational after the test, subject the product to a minimum
of one charge/discharge cycle at the manufacturer's maximum specified
values. The test shall be followed by a 1-hour observation time prior
to concluding the test and temperatures shall be monitored.
(xi) 33A.7 At the conclusion of the test and after cooling to near
ambient temperature, subject representative battery packs that contain
a hazardous operating voltage to the Dielectric Voltage Withstand Test
in section 30 of UL 2272-24 or to the Isolation Resistance Test
(without humidity conditioning) in section 31 of UL 2272-24.
(3) Instead of complying with section 47.6 of UL 2272-24, comply
with the following: 47.6 For personal eMobility products with separable
battery packs that are intended to be user removable, the separable
battery pack shall be marked ``Use only with (__) personal eMobility
product.'' The information to be filled in must, at a minimum, include
the name of the personal eMobility product manufacturer and the model
number for each product with which the battery pack is intended for
use, so that users can identify personal eMobility products in which
the battery pack is safe for use.
(4) Instead of complying with section 47.8 of UL 2272-24, comply
with the following: 47.8 Personal eMobility products that contain
hazardous voltage circuits shall be marked ``Warning: Hazardous Voltage
Circuits'' or be marked with the electric shock hazard symbol ISO 3864,
No. 5036 (lightning bolt within a triangle) and contain the text ``Do
not open the enclosure.''
(5) Instead of complying with section 47.12 of UL 2272-24, comply
with the following: 47.12 The following or equivalent marking shall be
provided on the battery enclosure and/or product enclosure that serves
as the outer enclosure of the battery: ``WARNING--Risk of Fire and
Electric Shock--Battery and/or battery components are not user
replaceable. Do not attempt to open, disassemble or repair.''
(6) Insert new sections 47.13 through 47.19 to UL 2272-24 as
follows:
(i) 47.13. Text size of signal words such as WARNING must be at
least 0.2 inch (5 mm) in height and the message panel text letters must
be no less than 0.1 inch (2.5 mm) high except as specified.
(ii) 47.14. Warning statements (message panel) must be in
contrasting color to the background onto which the warning statement is
printed. The safety alert symbol and signal word must be in black
letters on an orange background if subject materials already use
printed color processing, otherwise the use of black and white or
contrasting colors is acceptable. Warning statements must be in
contrasting color to the background onto which the warning statement is
printed. The safety alert symbol (exclamation mark in a triangle), when
used with the signal word (e.g., WARNING) must precede the signal word.
The base of the safety alert symbol must be on the same horizontal line
as the base of the letters of the signal word. The height of the safety
alert symbol must equal or exceed the signal word letter height. The
signal word must appear in sans serif letters in upper case only.
(iii) 47.15. The following warning shall be provided on the
personal eMobility product on a part that is not removable. The warning
text must include the safety alert symbol, signal word, and text. The
manufacturer must insert the specific type of personal eMobility
product into the warning. Figure 1 to this paragraph (b)(6)(iii)
provides an example warning in the format required in this paragraph
(b)(6)(iii).
[[Page 38223]]
[GRAPHIC] [TIFF OMITTED] TP24JN26.058
(iv) 47.16. Each personal eMobility product must contain the
following warning or equivalent: ``To prevent risk of fire, ensure that
battery is fully charged at every [manufacturer to insert recommended
frequency]'' or ``To prevent risk of fire, discard the battery if not
used for [manufacturer to insert recommended duration].'' The style,
location and color requirements shall be the same as the homemade
battery warning required in paragraph (b)(6)(iii) of this section.
(v) 47.17. Each personal eMobility product shall be marked to warn
consumers to allow their product to cool down after use and before
plugging the product in to charge. For personal eMobility products with
limited physical space, markings may be displayed within a software
application that is used to operate or maintain the personal eMobility
product.
(vi) 47.18. If a manufacturer produces or assembles personal
eMobility products at more than one factory location, each product
shall have a distinctive marking--which may be in code--to identify the
product of a particular factory.
(vii) 47.19. Each cautionary marking shall be located on a part of
the personal eMobility product that is not removable or, if removable,
on a part that impairs the operation of the unit when removed.
(7) Insert new sections 48.7 through 48.11 to UL 2272-24 as
follows:
(i) 48.7. Meet instructional requirements in sections 45 through 50
of UL 2849-20 and where applicable, the requirement shall read
``personal eMobility product'' instead of ``eBike.''
(ii) 48.8. Specific safety instructions shall be in separate
manuals or, if combined, be visually distinguishable from the remainder
of the text.
(iii) 48.9. While illustrations may accompany text, they cannot
replace written instructions.
(iv) 48.10. Instructions shall include all warnings.
(v) 48.11 Each personal eMobility product shall contain warnings
against immersing or submerging the product, the battery, or any of the
components in water and include steps for consumers to take in the
event that it occurs, to address a potential fire hazard.
Sec. 1265.4 Requirements for user replaceable battery packs.
(a) Except as provided in paragraph (b) of this section, each user
replaceable battery pack that is not sold with a micromobility product
must comply with all applicable provisions of ANSI/CAN/UL/ULC
2271:2023, Standard for Safety for Batteries for Use in Light Electric
Vehicle (LEV) Applications (UL 2271-23) (approved on September 14,
2023), incorporated by reference in Sec. 1265.7.
(b) User replaceable battery packs that are not sold with a
micromobility product shall comply with UL 2271-23 with the following
additions and exclusions:
(1) Insert new section 16.9 into UL 2271-23 as follows: 16.9 To
reduce the likelihood of users accessing battery cells on a user
replaceable battery pack intended to provide power to the motor(s) of
an eBike or personal eMobility product, the battery pack outer
enclosure shall be constructed such that it is not capable of being
opened using common household tools, such as a flat blade or Philips
head screwdriver. The enclosure shall be ultrasonically welded or
secured by equivalent means. Equivalent means include adhesives
complying with the adhesive requirements of UL 746C, Standard for
Polymeric Materials--Use in Electrical Equipment Evaluations, or single
use or tamper-proof screws.
(2) Instead of complying with section 28.5 of UL 2271-23, complying
with the following: 28.5 Immediately following the discharge cycle,
another charge shall be initiated. The BMS shall not permit charging if
the surface temperature of a cell within the battery pack is higher
than the manufacturer's specified maximum cell surface temperature
during charging. A full charge shall be completed followed by a full
discharge.
(3) Insert new section 32A into UL 2271-23 as follows:
(i) 32A Aftermarket (Non-specified) Charger--Reverse Polarity Test.
(ii) 32A.1 This test evaluates the ability of the battery pack to
withstand connection of a charger with an output connector that is
configured in the opposite polarity of the recommended charger.
(iii) 32A.1.1 Conduct all tests, unless noted otherwise, in a room
with an ambient temperature of 25 5 [deg]C (77 9 [deg]F).
(iv) 32A.1.2 Measure temperature using thermocouples consisting of
wires not larger than 0.21 mm\2\ (24 AWG) and not smaller than 0.05
mm\2\ (30 AWG) connected to a potentiometer-type instrument. Make
temperature measurements with the measuring junction of the
thermocouple held tightly against the component/location being
measured. For those tests that require the sample to reach thermal
equilibrium (also referred to as steady state conditions), consider
thermal equilibrium achieved if no change in temperature greater than
2 [deg]C (3.6 [deg]F) is indicated after three
consecutive temperature measurements taken at intervals of 10% of the
previously elapsed duration of the test, but not less than 15 min.
(v) 32A.2 With a fully charged representative battery pack, connect
in the reverse polarity intended for normal charging a programmable DC
supply power set to a current limit of 8A and at 125% of the maximum
charge voltage.
(vi) 32A.3 Protective devices that have been determined reliable
may remain in the circuit.
(vii) 32A.4 Apply the reverse voltage for 4 hours or until a fire
or explosion occurs. Measure temperatures on the cell/module where
temperatures may be highest for monitoring purposes.
(viii) 32A.5 At no time during the 4-hour test period shall the
reverse voltage be imposed on the cells.
(ix) 32A.6 If the battery is operational after the test, subject
the battery to a minimum of one charge/discharge cycle at the
manufacturer's maximum specified values. The test shall be followed by
a 1-hour observation time prior to concluding the test and temperatures
are to be monitored.
(x) 32A.7 At the conclusion of the test and after cooling to near
ambient temperature, subject representative
[[Page 38224]]
battery packs that contain a hazardous operating voltage to the
Dielectric Voltage Withstand Test in section 30 of UL 2272-24 or to the
Isolation Resistance Test (without humidity conditioning) in section 31
of UL 2272-24.
(4) Insert new sections 46.12 to 46.16 into UL 2271-23 as follows:
(i) 46.12. Text size of signal words such as WARNING must be at
least 0.2 inch (5 mm) in height and the message panel text letters must
be no less than 0.1 inch (2.5 mm) high except as specified.
(ii) 46.13. Warning statements (message panel) must be in
contrasting color to the background onto which the warning statement is
printed. The safety alert symbol and signal word must be in black
letters on an orange background if the subject materials already use
printed color processing, otherwise the use of black and white or
contrasting colors is acceptable. Warning statements must be in
contrasting color to the background onto which the warning statement is
printed. The safety alert symbol (exclamation mark in a triangle), when
used with the signal word (e.g., WARNING) must precede the signal word.
The base of the safety alert symbol must be on the same horizontal line
as the base of the letters of the signal word. The height of the safety
alert symbol must equal or exceed the signal word letter height. The
signal word must appear in sans serif letters in upper case only.
(iii) 46.14. Each battery pack must be marked with the following
language or equivalent: ``To prevent risk of fire, ensure that battery
is fully charged at every [manufacturer to insert recommended
frequency]'' or ``To prevent the risk of fire, discard the battery if
not used for [manufacturer to insert recommended duration].'' The
warning text must include the safety alert symbol, signal word
``WARNING'' and text.
(iv) 46.15. Each battery pack must be marked with the following
statement: ``Use only with [manufacturer to insert appropriate
micromobility product name and model].'' The warning text must include
the safety alert symbol, signal word ``WARNING'' and text.
(v) 46.16. Each battery pack must be marked to identify the
particular factory that assembled the battery pack, if more than one
factory manufactures the same product.
(5) Insert new section 47.6 into UL 2271-23 as follows: 47.6
Instructions must be legible and include all warnings.
Sec. 1265.5 Requirements for eBike conversion kits.
(a) Components marketed, intended, or designed as part of an eBike
conversion kit must comply with the specified sections of UL 2849-20,
incorporated by reference in Sec. 1265.7, as described in paragraph
(b) of this section.
(b) Components marketed, intended, or designed as part of an eBike
conversion kit shall comply with the following:
(1) If provided, the battery pack of an eBike conversion kit for
powering the drive motor shall comply with sections 9 (Combination of
Battery, Battery Management System, and Charger) and 12 (Battery
Packs), and all referenced sections therein, of UL 2849-20.
(2) To prevent a user from accessing battery cells within a battery
pack, the outer enclosure of the battery pack shall not be capable of
being opened using common household tools, such as a flat blade or
Philips head screwdriver. The enclosure shall be ultrasonically welded
or secured by equivalent means. Equivalent means includes adhesives
complying with the adhesive requirements of UL 746C, or single use or
tamper-proof screws.
(3) If provided, the battery charger of each eBike conversion kit
shall comply with sections 7 (General), 8 (Power Levels), 9
(Combination of Battery, Battery Management System, and Charger), 10
(User Protection While Charging), and 23 (Chargers), and all referenced
sections therein, of UL 2849-20. The connector provided with the
charger for connecting to the battery terminal for charging shall
prevent misalignment, reverse polarity, or electrical mismatch.
Compliance with this paragraph (b)(3) must be observable or, if
necessary, meet the Protective Circuits and Safety Analysis
requirements in section 12 of UL 2849-20.
(4) If provided, the operator interface of each eBike conversion
kit shall comply with sections 7 (General), 8 (Power Levels), and 21
(Operator Interface), and all referenced sections therein, of UL 2849-
20.
(5) If provided, the motors and motor controllers in eBike
conversion kits shall comply with sections 7 (General), 8 (Power
Levels), and 20 (Motors and Motor Controllers), and all referenced
sections therein, of UL 2849-20.
(6) If provided, a user replaceable battery pack must comply with
sections 46 (Markings) and 47 (Instructions) of UL 2271-23, including
all referenced sections within those sections, as well as the
additional markings and instructions for user replaceable battery packs
required in Sec. 1265.4(b)(4) and (5).
(7) If provided, each battery charger must comply with the marking
and instructions for aftermarket battery chargers in Sec. 1265.6(a)
and (c).
Sec. 1265.6 Requirements for aftermarket battery chargers.
(a) Aftermarket battery chargers, if marketed, intended, or
designed to charge an eBike battery, shall comply with section 23 of UL
2849-20, incorporated by reference in Sec. 1265.7, and the
requirements in Sec. 1265.2(b)(2).
(b) Aftermarket battery chargers, if marketed, intended, or
designed to charge a personal eMobility product battery, shall comply
with section 11 of UL 2272-24, incorporated by reference in Sec.
1265.7.
(c) Aftermarket battery chargers shall be provided with the
following statement: ``Use only with [manufacturer to insert
appropriate micromobility product name and model].'' The warning text
must include the safety alert symbol, signal word ``WARNING'' and text.
Sec. 1265.7 Standards incorporated by reference.
(a) The standards required in this part, as stated in paragraph (b)
of this section, are incorporated by reference into this part with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. This material is available for inspection at the
U.S. Consumer Product Safety Commission and at the National Archives
and Records Administration (NARA). Contact the U.S. Consumer Product
Safety Commission at: the Office of the Secretary, U.S. Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814,
telephone (301) 504-7479, email: [email protected]. For information on
the availability of this material at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email
[email protected].
(b) A free, read-only copy of the standards incorporated by
reference are available for viewing on UL's website at https://www.ulstandards.com/IBR/logon.aspx. You may also obtain a copy of each
standard through Underwriters Laboratories, Inc (UL), 333 Pfingsten
Road, Northbrook, IL 60062 or through UL's website at www.UL.com.
(1) ANSI/CAN/UL 2849:2020, Standard for Safety for Electrical
Systems for eBikes (UL 2849-20) (approved on January 20, 2020),
incorporation by reference approved for Sec. Sec. 1265.2, 1265.5, and
1265.6.
(2) ANSI/CAN/UL 2272:2024, Standard for Safety for Electrical
[[Page 38225]]
Systems for Personal E-Mobility Devices (UL 2272-24) (approved on April
19, 2024), incorporation by reference approved for Sec. Sec. 1265.3
and 1265.6.
(3) ANSI/CAN/UL/ULC 2271:2023, Standard for Safety for Batteries
for Use in Light Electric Vehicle (LEV) Applications (UL 2271-23)
(approved on September 14, 2023), incorporation by reference approved
for Sec. Sec. 1265.4 and 1265.5.
Sec. 1265.8 Prohibited stockpiling.
(a) Prohibited acts. Manufacturers and importers of noncompliant
micromobility products, including the components addressed in this part
(user replaceable battery packs, aftermarket battery chargers, and
components of eBike conversion kits), shall not manufacture or import
such products that do not comply with the requirements of this part in
any 180-day period between [date of publication of the final rule], and
[effective date of the final rule], at a rate that is greater than 120
percent of the rate at which they manufactured or imported noncompliant
micromobility products during the base period for the manufacturer.
(b) Base period. The base period for lithium-ion batteries used in
micromobility products is the 13-month period immediately preceding
[date of publication of the final rule].
Sec. 1265.9 Severability.
The provisions of this part are separate and severable from one
another. If any provision is stayed or determined to be invalid, it is
the Commission's intention that the remaining provisions shall continue
in effect.
Appendix A to Part 1265--Findings Required by the Consumer Product
Safety Act
Section 9(f) of the Consumer Product Safety Act (15 U.S.C.
2058(f)) requires the Commission to make findings concerning the
following topics and to include the findings in the rule. Because
the findings are required to be published in the rule, they reflect
the information that was available to the Consumer Product Safety
Commission (Commission, CPSC) when the rule was issued.
A. Degree and nature of the risk of injury. (1) Lithium-ion
batteries used in micromobility products and the electrical systems
of micromobility products, including components of eBike conversion
kits, user replaceable battery packs, and aftermarket chargers,
present an unreasonable risk of death and injury to consumers from
electric shock, fires, explosions, expulsion of gas or flames,
burns, overheating, and smoke inhalation. The primary risk of injury
is associated with thermal runaway of micromobility electrical
systems. In a multicell battery pack, the heat produced by the
failure of one cell may propagate to other cells in the pack,
expanding the release of extreme heat and fire due to thermal
runaway induced in other cells, with temperatures that can exceed
1000 [deg]C (1832 [deg]F).
(2) Once ignited, flaming lithium-ion battery contents and gases
build internal pressure and can be explosively ejected from the cell
enclosure. The flaming materials may ignite nearby combustibles.
Because micromobility products are often left to charge in a garage,
house, or multifamily dwelling, fires can spread to combustible
materials stored in those locations, such as gas or kerosene in a
garage, and carpets, furniture, drapes, decorative items, and other
electronic equipment in the house. Fires can also spread to the
structure itself. Smoke produced by combustion is a colloid
consisting of airborne solids, liquid particles, and gases (e.g.,
CO2, CO) mixed with air. Harmful gases and fire may
result in injuries and deaths to anyone inside the house or
building.
(3) CPSC identified 227 unique incidents involving 357 victims
that are related to micromobility products' lithium-ion batteries
from January 1, 2019, through December 31, 2023. CPSC is aware of 39
fatalities, 181 injuries, and 137 non-injury incidents. Thirty-nine
incidents involved multiple victims with fatalities and injuries. Of
the 37 fatalities with age information, four (11 percent) were under
5 years old and nine (24 percent) were 65 and older. These fatality
rates for young children and seniors are disproportionately higher
compared to their corresponding proportions in the general U.S.
population.
(4) Consumers are exposed to the unreasonable risks of injury
during foreseeable use of micromobility products, such as during
charging and discharging of lithium-ion batteries. Twenty-one out of
the 39 incidents involving multiple-victim incidents (54 percent)
occurred while the product was plugged in charging, including 15 out
of 32 fatalities (47 percent) and 79 out of 137 injuries (58
percent). Seven multi-victim incidents were reported while the
products were being stored or resting in open space and unexpectedly
caught fire, causing four deaths and 33 injuries. Two incidents with
five injuries were associated with products during use, shortly
after use, or after unplugging a charger from the product. Users
removing or replacing the battery and using a user replaceable
battery or aftermarket charger were associated with four incidents,
two deaths, and nine injuries. An incident was reported in which the
victim was manufacturing, repairing, and charging homemade lithium-
ion batteries, resulting in one death and two injuries. The
remaining four multiple-victim incidents did not provide specific
hazard description but accounted for 10 deaths and nine injuries.
B. Number of consumer products subject to the rule. (1) The
Commission is aware of 179 firms that manufacture or supply eBikes
to the U.S. market. In 2021, 898,100 eBikes were sold in the United
States. Staff estimate a high growth rate for this market,
estimating that in 2024 about 1.4 million eBikes were sold in the
United States.
(2) The Commission is aware of 81 firms supplying 704 eScooter
models/variants to the U.S. market. In 2021, 177,500 eScooters for
commercial and private use were sold in the United States. CPSC
staff estimate that in 2024, 257,500 eScooters were sold in the
United States.
(3) The Commission is aware of 67 firms that manufacture or
supply OMPs, meaning eSBscooters, eSkateboards, and eUnicycles, to
the U.S. market. In 2021, about 1.3 million eSBscooters, and 124,100
eSkateboards and eUnicycles, were sold in the United States. In
2024, staff estimate about 1.4 million eSBscooters and 182,900
eSkateboards and eUnicycles were sold in the United States.
C. The public need for lithium-ion batteries in micromobility
products and the effects of the rule on their utility, cost, and
availability. (1) Micromobility products are marketed, intended, and
designed for recreational off-road use, and for transportation in
urban and suburban areas, typically for short distances. Products
are sold to consumers for personal recreation and business use as
well as to businesses for commercial purposes, such as rideshares
and rentals for consumer use.
(2) eBikes are open frame bicycles with an electric motor and
battery installed to assist the rider. eBikes are sold for use by
children and adults; children's products can be purchased for as
little as $200, while cargo models intended to carry additional
passengers and/or cargo can sell for more than $10,000. Premium
eBikes start at $2,500 and have more powerful motors that can reach
speeds exceeding 28 miles per hour (mph) with pedal assist,
hydraulic brakes, and lighter frames. The average price across all
eBikes is approximately $3,150.
(3) Conversion kits for eBikes are battery products that convert
a traditional bicycle to an eBike. Prices for conversion kits range
from $100 to $400 not including a battery.
(4) eScooters are two-wheeled products comprised of a platform
(with or without seating) supported by wheels in a longitudinal
placement and without pedals. eScooters also use handlebars that
enable users to steer and brake. Child and youth models range from
$79 to $333, with the average at $188. Adult model prices average
$780 and range from $499 to $7,299. Commercial eScooters are
eScooters purchased for business operations instead of personal use
and are mostly purchased by ridesharing companies to add to their
fleet in urban areas. For all categories, the average eScooter model
price was about $510.
(5) OMPs, such as eSBscooters (examples include segways and
hoverboards), eSkateboards, and eUnicycles, are used primarily for
recreation and are considered more difficult to operate than eBikes
and eScooters. One type of eSBscooters, segways, are battery-powered
mobility products that have two parallel wheels connected by a
platform on which the user stands, and a steering bar. The original
Segway sold for approximately $5,000, while other versions sell for
$300 to $1,000. Segway-type eSBscooters specific to the children's
market range in price from $299 to $499. Another type of eSBscooter
consists of battery-powered mobility products, such as hoverboards,
that have two parallel wheels
[[Page 38226]]
connected by a platform on which the user stands. The market price
for children's models ranges from $89 to $370 and adult models range
from $150 to $399 in price.
(6) eSkateboards are board platforms supported by four wheels
that are powered by electric motors, typically either a hub motor or
a belt drive and gear system. eUnicycles are platforms supported by
a single wheel, powered by an electric motor. eSkateboard and
eUnicycle products for the adult market are split between entry-
level at prices between $200 and $650, and higher-performance
varieties at more than double these prices. eUnicycles start at
around $1,000.
(7) The Commission finds that the rule, if adopted, would not
have a substantial effect on the utility or availability of
micromobility products, and the impact on cost depends on the
product type. The Commission expects no loss of function or utility
to these products from the rule because the construction and
performance requirements would not affect riding ability, steering,
or top speed for these products. CPSC estimates the incremental cost
to manufacturers to produce a compliant product to be an average of
$230 for a noncompliant eBike, $114.86 for a noncompliant eScooter,
and $162.79 for remaining OMPs. These compliance costs are per unit
estimates for the first year of the rule and the Commission expects
these costs to decrease throughout the years due to economies of
scale. While these costs are not insignificant, the Commission does
not expect a significant change in the market that would affect the
availability of these products.
D. Other means to achieve the objective of the rule, while
minimizing adverse effects on competition and manufacturing. (1) The
Commission considered six alternatives to achieving the rule's
objective of reducing the unreasonable risks of death and injury
associated with lithium-ion batteries used in micromobility products
and their electrical systems.
(2) Limiting the Scope of the Rule to OMPs. The Commission
considered removing eBikes from the rule. With this alternative,
estimated benefits of the rule would be highly likely to exceed its
estimated costs. However, this alternative would not address the
unreasonable risks of death and injury associated with eBikes and
thus would expose consumers, including vulnerable young children and
seniors, to those hazards. eBikes have the least mature market with
the highest growth potential, leading to uncertainty about what the
future of the product, market, and safety record will be going
forward. The Commission determines that the risk of death and injury
to consumers associated with eBikes weighs against removing eBikes
from the rule.
(3) Conduct Marketing Campaigns Instead of Promulgating a Final
Rule. Rather than promulgating a rule, the Commission considered
issuing news releases and utilizing other information and marketing
techniques to warn consumers about the unreasonable risks of death
and injury to consumers. CPSC already conducts education campaigns
yet deaths and injuries associated with lithium-ion batteries in
micromobility products continue to occur. Therefore, much of the
societal costs would continue to be incurred by consumers in the
form of deaths, injuries, and property damage. For this reason, the
risk of death and injury to consumers associated with micromobility
products weigh against relying primarily on consumer education
campaigns to address the hazards.
(4) Conduct Recalls Instead of Promulgating a Final Rule. CPSC
has already announced 29 consumer-level recalls and incidents
continue to occur, so this option would merely maintain the status
quo and not otherwise advance the safety of micromobility products.
Furthermore, unlike a rule that applies to newly manufactured
micromobility products, recalls only apply to specific products, and
occur only after consumers have purchased and used such products and
have been exposed to and potentially injured or killed by the
hazard. Recalls do not prevent unsafe products from entering the
market. If the Commission adopted this alternative, much of the
societal costs would continue to be incurred by consumers in the
form of deaths, injuries, and property damage. For these reasons,
the Commission finds that recalls would not adequately eliminate or
reduce the unreasonable risk of injury associated with micromobility
products in the absence of rulemaking.
(5) Rely on Voluntary Standard Development. This alternative
would allow firms and other stakeholders to collectively determine
the degree, manner, and timing of hazard mitigation, which could
delay or reduce the effectiveness of standards intended to address
the hazard. In addition, firms may choose not to comply with
voluntary standards and therefore incur no associated costs. CPSC
staff already participate in the UL process for all three of the UL
standards incorporated by reference into this part, so this
alternative, like recalls, maintains the status quo. Accordingly,
the Commission finds that relying on voluntary standards development
in lieu of rulemaking would not eliminate or adequately reduce an
unreasonable risk of injury.
(6) Set a Later Effective Date. A later effective date would
allow manufacturers more time to redesign micromobility products,
modify production lines, or spread research and development costs
over a greater period, and mitigate supply chain issues. However,
costs associated with these manufacturing activities are unlikely to
be significant. The costs of the rule instead come primarily from
sourcing compliant components that are currently available and can
be incorporated into finished products within 180 days, and changes
to warnings that would not require more than 180 days. Additionally,
laboratories are already available to test products and lab capacity
should not be an issue. Based on the foregoing, the Commission finds
that addressing the unreasonable risk of injury within 180 days
outweighs any argument that firms require more than 180 days to
comply.
(7) Take No Regulatory Action. As the relevant UL voluntary
standards, particularly the UL 2272-24 revision, are relatively new,
compliance rates may improve in the future. State and local
regulations mandating compliance with voluntary standards for
micromobility products, such as a recent regulation in New York
City, insurance availability, and other forces may accelerate
compliance with the voluntary standards. However, without a Federal
mandatory regulation, firms could choose to continue to produce non-
compliant micromobility products. Given persistent deaths and
injuries associated with these products, the Commission finds that
maintaining the status quo will not eliminate or adequately reduce
the unreasonable risk of death and injury associated with
micromobility products.
E. The rule (including its effective date) is reasonably
necessary to eliminate or reduce an unreasonable risk of injury. (1)
As summarized in this appendix, consumers are exposed to an
unreasonable risk of injury associated with these products.
Vulnerable populations, children and the elderly, are
disproportionately represented in the incident data. Despite the
existence of voluntary standards, CPSC's work on the voluntary
standards--and recalls, deaths, and injuries--continue.
(2) The Commission does not expect the adoption of this part to
have a substantial effect on the utility or availability of
products, as stated in paragraph C of this appendix. Weighing the
possibility of increased costs for micromobility products within the
scope of the rule with the continuing deaths and injuries to
consumers, the Commission concludes that micromobility products pose
an unreasonable risk of injury and death and that the rule is
reasonably necessary to reduce that unreasonable risk of injury and
death.
(3) The Commission also finds that an effective date of 180 days
after publication of a final rule is reasonably necessary to address
the unreasonable risks of death and injury associated with lithium-
ion batteries used in micromobility products. When balancing the
risk of death and injury to consumers against the possibility that
some products may be less available during a transition period in
the market, the Commission finds that the public interest is better
served by protecting the safety of consumers.
F. Public interest. Adherence to the requirements of the rule
will significantly reduce or eliminate hazards associated with
micromobility products within the scope of the rule without major
disruption to industry or consumers; thus, the Commission finds that
promulgation of the rule is in the public interest.
G. Voluntary standards. (1) The rule incorporates by reference
three voluntary standards applicable to micromobility products: UL
2849-20 (applicable to eBikes, eBike conversion kits, and related
battery chargers); UL 2272-24 (applicable to OMPs and related
battery chargers); and UL 2271-23 (applicable to user replaceable
battery packs), with modifications to fully address the associated
risks of injury. Although many requirements in the UL standards
adequately address the hazards, overall, the requirements in the UL
standards do not address all identified hazards associated with
lithium-ion batteries used in micromobility
[[Page 38227]]
products and their electrical systems. Accordingly, the rule
includes several modifications to the standard's performance,
marking, and labeling requirements. The Commission finds that
without these modifications, UL 2849-20, UL 2272-24, and UL 2271-23
are inadequate to eliminate or adequately reduce the unreasonable
risks of injury associated with these products.
(2) CPSC obtained estimated compliance rates from a 2023 survey
of ``brick and mortar'' retail stores and found that weighted
compliance rate across all micromobility product types in use
(including eBikes) is approximately 45 percent. Together with the
substantial number of incidents involving death and injury
associated with noncompliant micromobility products, the survey data
show that product compliance with the UL voluntary standards has not
reached the level where the risk to consumers from these products is
adequately mitigated. Accordingly, the Commission determines that it
is unlikely that there will be substantial compliance with UL 2849-
20, UL 2272-24, or UL 2271-23.
H. Relationship of benefits to costs. (1) CPSC conducted a
benefits and costs analysis which accounts for mitigated deaths,
injuries, and property damage by monetizing deaths using the value
of statistical life (VSL), injuries using CPCS's Injury Cost Model
(ICM), and property damage based on historical damage assessments.
(2) The micromobility product market includes emerging products,
some of which have only been introduced in the last decade and are
rapidly growing in popularity and consumer acceptance. The relative
novelty of these products poses challenges in the incident data. For
example, fire incident data that CPSC staff use to identify
addressable fire incidents do not have a product category for
lithium-ion batteries, which may cause lithium-ion battery fires
from micromobility products to be mislabeled or not identified if a
micromobility product is not mentioned in the incident narrative.
eBike data especially have a high degree of uncertainty because
eBikes are the least mature segment of the micromobility product
marketplace, with substantial uncertainties related to product
safety, consumer demand, producer behavior in the absence of a CPSC
regulation addressing battery safety, and a growing presence of
other regulations--particularly at the state and local levels.
(3) Given these uncertainties, the Commission presents the
results of the benefits and costs analyses under two framings: (a)
an estimate that uses the incident data collected despite likely
underestimation of incidents, and (b) an upper-bound estimate that
addresses the uncertainty in incidents by aligning eBike fatality
rate with the rate of eScooters--which is the most developed
micromobility product market.
(4) Over a 30-year study period, the estimate of the total
annualized benefits, discounted at 3 percent, is $61.17 million from
mitigated death and injuries associated with lithium-ion batteries
used in micromobility products and their electrical systems. The
upper-bound estimate identifies total annualized benefits of $472.97
million, also discounted at 3 percent.
(5) The safety improvements in this part involve two main costs:
(a) a compliance cost to upgrade micromobility products to meet
performance requirements; and (b) deadweight losses or market
impacts caused by the increased price associated with compliance
with the regulation and the subsequent decline in demand. The
Commission estimates the total annualized costs from the proposed
rule, discounted at 3 percent, to be $146.52 million.
(6) When costs are compared to the estimate of benefits, the
estimated costs of the rule exceed benefits. Estimated annualized
net benefits (benefits less costs) are -$85.35 million, discounted
at 3 percent. Based on this estimate the rule would have a benefit-
cost ratio of 0.42 for all micromobility products, meaning it
returns $0.42 of benefits for every $1 in costs.
(7) The upper-bound estimate of benefits yields annualized net
benefits of $472.97 million and a benefit-cost ratio of 3.23,
meaning the rule returns $3.23 of benefits for every $1 in costs.
(8) There are both unquantified benefits and unquantified costs.
The unquantified benefits stem from avoided property damage, legal
costs, and insurance premium increases. Because the available data
on fire incidents do not have a product category for lithium-ion
batteries, CPSC's analysis could be underestimating the number of
incidents and the magnitude of loss from fires from these batteries.
Additionally, fires in multi-dwelling units have the potential to
impose significant negative externalities, such as a fire that
results in property loss for a neighbor. CPSC could not quantify
these impacts due to a lack of robust data in the various data
sources reviewed. Fire spreading to nearby structures also could
result in additional legal costs; the potentially large magnitude of
these losses could make some legal fees significant.
(9) Based on this analysis, the Commission finds that the
benefits expected from the rule bear a reasonable relationship to
the anticipated costs of the rule.
I. Least burdensome requirement that would adequately reduce the
risk of injury. (1) The Commission considered less burdensome
alternatives to the final rule, detailed in paragraph D of this
appendix, but finds that none of these alternatives would eliminate
or adequately reduce the risk of injury.
(2) For example, the Commission considered relying on voluntary
recalls, compliance with the voluntary standard, and education
campaigns, rather than issuing a mandatory standard. These
alternatives would have minimal costs but would be unlikely to
reduce the associated risks of injury.
(3) The Commission considered issuing a standard that only
applies to OMPs and removes eBikes. This approach would impose lower
costs on manufacturers but is unlikely to adequately reduce the risk
of injury because it would not address the unreasonable risks of
injury associated with eBikes.
(4) Based on the analysis of the alternatives to rulemaking in
paragraph D of this appendix, the Commission finds that the rule is
the least burdensome requirement that would adequately eliminate or
reduce the unreasonable risk of death and injury associated with
lithium-ion batteries used in micromobility products and their
electrical systems.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2026-12749 Filed 6-23-26; 8:45 am]
BILLING CODE 6355-01-P