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The Commission’s FY 2024 Operating Plan directed CPSC staff to develop a proposed mandatory standard for rechargeable lithium-ion batteries used in micromobility products. On January 8, 2025, staff submitted for Commission consideration a draft notice of proposed rulemaking (NPR) and briefed the Commission on the draft NPR on January 15, 2025. On March 26, 2025, staff submitted a replacement draft NPR to the Commission with corrections. The Commission voted to submit a draft NPR to OIRA on August 21, 2025.

Statement of Need:

A product safety rule in this product category is necessary 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. Although many provisions in the applicable voluntary standards are adequate to address the risks of injury, additional requirements are necessary to more fully address the unreasonable risks of injury associated with the covered products. Additionally, micromobility products do not substantially comply with the existing voluntary standards, therefore, a mandatory rule is reasonably necessary to address associated risks.

Summary of the Legal Basis:

This action is authorized by the CPSA. 15 U.S.C. 2051-2084. Section 7(a) of the CPSA authorizes the Commission to promulgate a mandatory consumer product safety standard that sets forth performance or labeling requirements for a consumer product if such requirements are reasonably necessary to prevent or reduce an unreasonable risk of injury. 15 U.S.C. 2056(a). Section 9 of the CPSA specifies the procedure that the Commission must follow to issue a consumer product safety standard under section 7 of the CPSA.

Alternatives:

The Commission could: (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.   

Anticipated Costs and Benefits:

The CPSC's proposed rule on micromobility products aims to improve safety by addressing battery fire incidents, with annual benefits estimated at $100.10 million and upper-bound benefits at $579.66 million, both discounted at 2%. The estimated costs are $154.96 million annually, also discounted at 2%.

Risks:

Between 2019 through 2023, 227 unique incidents were contained in CPSC databasesinvolving fires, explosions, gas releases, burns, overheating, and smoke inhalationthat 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.