Electric Bicycles; Advance Notice of Proposed Rulemaking; Request for Comments and Information
| Published date | 15 March 2024 |
| Record Number | 2024-05472 |
| Citation | 89 FR 18861 |
| Court | Consumer Product Safety Commission |
| Section | Proposed rules |
Federal Register, Volume 89 Issue 52 (Friday, March 15, 2024)
[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Proposed Rules]
[Pages 18861-18866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05472]
[[Page 18861]]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1512
[CPSC Docket No. CPSC-2024-0008]
Electric Bicycles; Advance Notice of Proposed Rulemaking; Request
for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
considering developing a rule to address the risk of injury associated
with electric bicycles (e-bikes). This advance notice of proposed
rulemaking (ANPR) initiates a rulemaking proceeding under the Consumer
Product Safety Act (CPSA) and the Federal Hazardous Substances Act
(FHSA). We invite comments concerning the risk of injury associated
with mechanical hazards of e-bikes, potential regulatory alternatives,
the economic impacts of various approaches, existing voluntary
standards, and plans to develop new standards to address these risks.
DATES: Comments must be received by May 14, 2024.
ADDRESSES: Submit comments, identified by Docket No. CPSC-2024-0008, by
any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: http://www.regulations.gov. Follow the
instructions for submitting comments. 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. CPSC typically does not accept comments
submitted by email, except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, courier to: Office of the Secretary, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (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 received must include the agency name
and docket number for this notice. CPSC may post all comments without
change, including any personal identifiers, contact information, or
other personal information provided, to: http://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 or
comments received, go to: http://www.regulations.gov, insert docket
number CPSC-2024-0008 into the ``Search'' box, and follow the prompts.
FOR FURTHER INFORMATION CONTACT: Lawrence Mella, Directorate for
Engineering Sciences, U.S. Consumer Product Safety Commission, 5
Research Place, Rockville, MD 20850; telephone (301) 987-2537; fax
(301) 869-0294; email [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of this ANPR is to collect information related to
potential regulatory requirements to address the risk of injury
associated with mechanical hazards of e-bikes.\1\ Electrical hazards
such as those related to batteries are not within the scope of this
ANPR. CPSC is separately working to address those hazards for e-bikes
and other micromobility products.\2\
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\1\ On March 5, 2024, the Commission voted (4-0) to publish this
advance notice of proposed rulemaking.
\2\ U.S. Consumer Product Safety Comm'n, Operating Plan Fiscal
Year 2024 (Nov. 2023) https://www.cpsc.gov/content/FY-2024-Operating-Plan.
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An e-bike is a bicycle equipped with an electric motor. E-bikes are
sold and marketed for adults and children. CPSC is aware of an
increasing trend of injuries and deaths from falls and collisions
associated with e-bikes. CPSC estimates there were 53,100 emergency
department (ED)-treated injuries from 2017 to 2022 associated with e-
bikes.\3\
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\3\ U.S. Consumer Product Safety Comm'n, Micromobility Products-
Related Deaths, Injuries, and Hazard Patterns: 2017-2022, (Sept.
2023), https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/Micromobility-Information-Center.
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Currently, CPSC has a mandatory standard for bicycles and low-speed
e-bikes under the FHSA at 16 CFR part 1512. ASTM also has voluntary
standards for bicycles, but they are not specific to e-bikes. Existing
international standards for e-bikes under the International
Organization for Standardization (ISO) and European Standards (EN) only
apply to a subset of e-bike products.
The Commission invites the public to review this ANPR and submit
information and comments that would assist the Commission as it
considers regulatory options to reduce the risk of injury associated
with mechanical hazards of e-bikes.
II. Statutory Authority
CPSC regulates bicycles under the FHSA (15 U.S.C. 1261 et seq.), at
16 CFR part 1512, Requirements for Bicycles.\4\ In 2002, Congress added
to the CPSA section 38, which states that low-speed e-bikes are subject
to CPSC's FHSA bicycle regulation. 15 U.S.C. 2085(a). Pursuant to
section 38, the Commission amended its bicycle regulation so that the
existing requirements for solely human powered bicycles also apply to
low-speed e-bikes. 68 FR 7,072 (Feb. 12, 2003); 16 CFR 1512.2(a). The
Commission did not make any other changes or additions. Id. Section 38
defines a low-speed e-bike as a ``two or three-wheeled vehicle with
fully operable pedals and an electric motor of less than 750 watts
(1h.p.), whose maximum speed on a paved level surface, when powered
solely by such a motor while ridden by an operator who weighs 170
pounds, is less than 20 mph.'' 15 U.S.C. 2085(b), 16 CFR 1512.2(a)(2).
Low-speed e-bikes that do not comply with 16 CFR part 1512 are
``hazardous substances'' under section 2(f)(1)(D) of the FHSA and are
also ``banned hazardous substances'' under section 2(q)(1)(A) of the
FHSA. 15 U.S.C. 1261(f)(1)(D), 1261(q)(1)(A), 16 CFR 1500.18(a)(12).
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\4\ ``Bicycle'' is defined in the regulation as: ``(1) A two-
wheeled vehicle having a rear drive wheel that is solely human-
powered; (2) A two- or three-wheeled vehicle with fully operable
pedals and an electric motor of less than 750 watts (1 h.p.), whose
maximum speed on a paved level surface, when powered solely by such
a motor while ridden by an operator who weighs 170 pounds, is less
than 20 mph.'' 16 CFR 1512.2(a).
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Section 38(c) of the CPSA allows the Commission to promulgate new
or revised requirements as necessary and appropriate for low-speed e-
bikes by amending its current FHSA regulation. The Commission may also,
under the FHSA, adopt separate requirements for children's e-bikes. 15
U.S.C. 1261(f)(1)(D), 1262(e). Section 3 of the FHSA specifies the
procedure the Commission follows to issue FHSA regulations. First, the
Commission may commence the rulemaking by issuing an
[[Page 18862]]
ANPR, which must: identify the article or substance to be regulated and
the nature of the risk of injury; summarize regulatory alternatives;
describe relevant existing standards and explain why the Commission
preliminarily believes that they do not eliminate or adequately reduce
the risk of injury; and invite comments or suggested standards from the
public. 15 U.S.C. 1262(f). Then, after considering any comments
submitted in response to the ANPR, the Commission may issue a proposed
rule in accordance with section 3(h) of the FHSA and a final rule under
section 3(i) of the FHSA. 15 U.S.C. 1262(h), (i). Alternatively, the
Commission may initiate the rulemaking by issuing a Notice of Proposed
Rulemaking (NPR) in the first instance. Id. 1262(h).
The Commission also has authority to regulate e-bikes under the
CPSA as ``consumer products.'' \5\ 15 U.S.C. 2052(a)(5). Any such
regulation could include low-speed e-bikes, which are specifically
designated to be consumer products by section 38(a) of the CPSA, 15
U.S.C. 2085(a), as well as e-bikes that fall outside section 38 (i.e.,
higher speed e-bikes), as long as they are not ``motor vehicles'' under
49 U.S.C. 30102(a)(7).\6\ Id. 2052(a)(5)(C). Alternatively, the
Commission could issue a CPSA standard specific to children's e-bikes.
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\5\ ``Consumer product'' is defined to include ``any article, or
component part thereof, produced or distributed (i) for sale to a
consumer for use in or around a permanent or temporary household or
residence, a school, in recreation, or otherwise, or (ii) 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; but such term does not include--``motor
vehicle'' as defined by 49 U.S.C. 30102(a)(7). 15 U.S.C. 2052(a)(5).
\6\ A ``motor vehicle'' is defined as ``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(a)(7).
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Sections 7 and 9 of the CPSA set out the procedure the Commission
must follow to issue a consumer product safety standard under section
38. 15 U.S.C. 2056, 2058. As in a FHSA rulemaking, the Commission has
the option of beginning with an ANPR that identifies the product and
the nature of the risk of injury associated with the product,
summarizes the regulatory alternatives considered by the Commission,
and provides information about any relevant existing standards and a
summary of the reasons the Commission believes they would not eliminate
or adequately reduce the risk of injury. Id. 2058(a). Any ANPR also
must invite comments concerning the risk of injury and regulatory
alternatives and invite the public to submit an existing standard or a
statement of intent to modify or develop a voluntary standard to
address the risk of injury. Id. Having begun with this ANPR, the
Commission will next decide whether to proceed with a proposed rule
under section 9(c) of the CPSA and a final rule under section 9(f) of
the CPSA. 15 U.S.C. 2058(c), (f).
III. The Product
An e-bike is a bicycle with an electric motor. An e-bike may be
powered partially or fully by the motor. Normally, the bicycle is
equipped with pedal assist, a throttle, or both. An e-bike with pedal
assistance activates the electric motor while the rider is pedaling to
provide more torque than the rider would normally create on their own.
An e-bike with a throttle activates the electric motor when the rider
depresses the throttle to propel the bike forward without relying on
pedal assistance. Generally, the throttle is a thumb-operated device
mounted on the handlebar. Similar to non-powered bicycles, e-bikes are
generally sold and marketed for specific applications, such as use in a
city (on sidewalks), for commuting, and for off-road use on bike paths,
and trails. E-bikes currently must meet the requirements of 16 CFR part
1512 if they meet the definition of a ``low-speed electric bicycle'' in
15 U.S.C. 2085(b) and ``bicycle'' in 16 CFR 1512.2(a)(2).
As defined in part 1512.2(a)(2), a low-speed e-bike's motor is
restricted to less than 750 watts (1 h.p.) and to a ``maximum speed on
a paved level surface, when powered solely by such a motor while ridden
by an operator who weighs 170 pounds, is less than 20 mph.'' However,
this definition does not specify a limit on the speed for a low-speed
e-bike when it is pedal-assisted. Other bicycles marketed as e-bikes
have motors of 750 watts or more and can power the e-bike at speeds of
20 mph or more without pedal assistance. CPSC has the authority to
regulate all these products as long as they are not ``motor vehicles,''
as defined at 49 U.S.C. 30102(a)(7) (i.e., a vehicle driven or drawn by
mechanical power and manufactured primarily for use on public streets,
roads and highways).
Some e-bikes are marketed and intended for use by children. These
include electric balance bikes, which are a type of e-bike mostly
marketed for younger children. Although an electric balance bike does
not have pedals, the electric motor assists the rider with propulsion,
which is accomplished by the rider pushing their feet against the
ground instead of pedaling. These e-bikes are designed to help children
learn balance and coordination.
The scope of this rulemaking is limited to e-bikes and does not
include gas powered bicycles and non-powered bicycles, or battery
powered ride-on toys subject to the mandatory Toy standard.\7\
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\7\ ASTM F963-17, Standard Consumer Safety Specification for Toy
Safety. 16 CFR part 1250.
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IV. Risk of Injury or Death
A. Data on Non-Fatal Injuries
CPSC reviewed data from its report, ``Micromobility Products-
Related Deaths, Injuries, and Hazard Patterns: 2017--2022,'' \8\ (2023
Micromobility Report) to identify incidents involving a mechanical
hazard associated with e-bike use. In the report, based on the incident
data from the National Electronic Injury Surveillance System
(NEISS),\9\ staff estimated 53,100 injuries associated with riding e-
bikes, between 2017 and 2022. Staff estimated that e-bike related
incidents comprise 15 percent of the overall micromobility injury
estimate in that timeframe. Staff estimated that ED-treated injuries
for e-bikes increased from 3,538 to 24,335 injuries from 2017 to 2022.
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\8\ U.S. Consumer Product Safety Comm'n, Micromobility Products-
Related Deaths, Injuries, and Hazard Patterns: 2017-2022, (Sept.
2023), https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/Micromobility-Information-Center.
\9\ NEISS is the source of the injury estimates; it is a
statistically valid injury surveillance system. NEISS injury data
are gathered from emergency departments of about 100 hospitals, with
24-hour emergency departments and at least six beds, selected as a
probability sample of all U.S. hospitals. The surveillance data
gathered from the sample hospitals enable the CPSC to make timely
national estimates of the number of injuries associated with
specific consumer products.
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Using the 2023 Micromobility Report, staff also identified 30 other
incidents associated with e-bikes that were reported through the
Consumer Product Safety Risk Management System (CPSRMS).\10\ Most of
these incidents involved crank arm and/or pedal
[[Page 18863]]
detachments and tire failures. Some incidents involved brake failures
and wheel detachments. A few included incidents involved rider
stability, broken frame, motor shutoff, unintended acceleration, and an
issue with the chain and throttle.
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\10\ 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. 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.
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B. Fatality Data
CPSC is aware of 100 fatalities associated with mechanical hazards
involving e-bikes that occurred from 2017 through 2022, as shown below.
These e-bike fatalities increased from zero deaths in 2017 to 41 deaths
in 2022.
[GRAPHIC] [TIFF OMITTED] TP15MR24.019
Of the total fatalities, only 16 incidents had helmet information.
In 13 of these 16 incidents, the rider was not wearing a helmet, and in
three of the 16 incidents, the rider was reported to be wearing a
helmet. Staff's review of the 100 fatalities indicates that most
involved collisions with motor vehicles, and some involved falls and
control issues including collision with fixed objects or the curb.
Others involved collision with pedestrians, which include incidents
with e-bike rider deaths and pedestrian deaths. One fatality involved
rider ejection and impact with the pavement.
C. Hazard Patterns
The data on fatal and non-fatal incidents indicate that collisions
and falls are the predominant hazards associated with e-bikes. Based on
this data, CPSC preliminarily determines that areas of e-bike design
that may contribute to a risk of injury due to collisions and falls
include the following:
conspicuity of e-bikes to pedestrians and operators of
other vehicles (e.g., visibility and audibility of the rider and e-
bike);
size and weight of the e-bike and rider (e.g., ease of
maintaining balance and maneuvering the e-bike);
speed and acceleration of e-bikes (e.g., how propulsion of
the e-bike affects the rider's control of the vehicle, how it relates
to their expectations, and whether the rider is subject to situations
that involve a higher level of risk due to the speed and acceleration);
braking of e-bikes (e.g., impacts of heavier product
weight and frequency of high-speed braking on braking performance);
bicycle component durability (e.g., impacts of heavier
product weight and reasonably foreseeable use on brake component wear,
pedal/crank arm assemblies, and wheel/tire assemblies);
structural integrity of e-bike frames, especially folding
bikes (e.g., impacts of heavier product weight and how reasonably
foreseeable use affects the frame); and
helmet performance (e.g., impacts at high-speed).
V. Existing Safety Standards
A. Mandatory Standard
CPSC codified its mandatory standard for bicycles, part 1512, in
1974 (39 FR 26100 (Jul. 16, 1974)), with amendments in 1978 (43 FR
60034 (Dec. 22, 1978)), 1980 (45 FR 82625 (Dec. 16, 1980)), 1981 (46 FR
3203 (Jan. 14, 1981)), 1995 (60 FR 62989 (Dec. 8, 1995)), 2003 (68 FR
7072 (Feb. 12, 2003)), (68 FR 52690 (Sept. 5, 2003)), and 2011 (76 FR
27882 (May 13, 2011)). Part 1512 includes mechanical requirements for
bicycles and low-speed e-bikes. Therefore, low-speed e-bikes are
currently required to meet the same mechanical requirements as non-
electrical bicycles which include:
1512.5 Braking system
1512.6 Steering system
1512.7 Pedals
1512.8 Drive chain
1512.10 Tires
1512.11 Wheels
1512.16 Reflectors
Part 1512 establishes the minimum performance requirements that all
bicycles must meet to ensure an adequate braking stopping distance and
to prevent product failures that may lead to a hazard such as a loss of
control. As noted, part 1512 does not account for the impacts
associated with the e-bikes solely powered by electric motors.
B. U.S. Voluntary Standards
No U.S. voluntary standards have specific mechanical requirements
applicable to e-bikes. ASTM standards include requirements for bicycle
frames and forks based on usage of the bicycle (on roads, trails, off-
road trails, etc.) but do not have specific requirements for e-bikes
because the ATSM definition of bicycle is limited to those ``solely
[[Page 18864]]
human powered,'' as described in ASTM F2043-13 (2018), Standard
Classification for Bicycle Usage.
ASTM F2680 (2017), Standard Test Methods and Specifications for
Bicycle Manually Operated Front Wheel Retention Systems, and ASTM F2793
(2023), Standard Specification for Bicycle Grips, do not specify a
bicycle category; therefore, the requirements in these standards may
apply to e-bikes. However, because these standards were developed
solely for human-powered bikes, they may not be adequate to address
characteristics that are unique to e-bikes.
C. International Voluntary Standards
The applicable international standard for e-bikes is the
International Organization for Standardization (ISO)'s ISO/TS 4210-
10:2020, Cycles--Safety Requirements for Bicycles--Part 10: Safety
requirements for electrically power assisted cycles (EPACs). The ISO
standard specifies the safety and performance requirements for the
design, marking, assembly, and testing of two wheeled electrically
power assisted cycles (EPACs). ISO defines an EPAC as a cycle equipped
with pedals and an auxiliary electric motor, which cannot be propelled
exclusively by means of this auxiliary electric motor. An electrically
power assisted bicycle is a pedal-assisted e-bike. The standard
includes, but is not limited to the following mechanical requirements:
7.2 Brakes--Heat-resistance test
7.3 Handlebar and stem assembly--Lateral bending test
7.4 Handlebar stem--Forward bending test
7.5 Handlebar to handlebar stem--Torsional security test
7.6 Handlebar and stem assembly--Fatigue test
7.7 Frame--Impact test (falling mass)
7.8 Frame and front fork assembly--Impact test (falling frame)
7.9 Frame--Fatigue test with horizontal forces
CPSC is also aware of two European standards (EN) titled EN
15194:2017+A1:2023, Cycles--Electrically power assisted cycles--EPAC
Bicycles, and EN 17404:2022, Cycles--Electrically power assisted
cycles--EPAC Mountain bikes. The EN standards are intended to cover
EPACs that have a maximum continuous rated power of 0.25 kW, which is
progressively reduced and finally cut off as the EPAC reaches a speed
of 25 km/h (15.5 mph), or sooner, if the cyclist stops pedaling. EN
standards are intended to cover common significant hazards, hazardous
situations, and other issues related to e-bikes by establishing minimum
performance requirements. Both standards include but are not limited to
the following mechanical requirements:
4.3.5 Brakes
4.3.6 Steering
4.3.7 Frames
4.3.8 Front fork
4.3.9 Wheels and wheel/tyre assembly
4.3.10 Rims, tyres and tubes
4.3.12 Pedals and pedal/crank drive system
4.3.19 Lighting systems and reflectors
C. Adequacy of Existing Mandatory and Voluntary Standards in Addressing
Injuries
Based on the increasing injuries and fatalities associated with e-
bikes, and hazards associated with collision and falls, the Commission
preliminarily assesses that the current mandatory and voluntary
standards do not eliminate or adequately reduce the risk of injury
identified or associated with e-bikes.
Because the requirements in the existing mandatory standard were
developed for non-powered bicycles that are lighter in weight than e-
bikes, they are not likely to adequately address hazards associated
with e-bikes. The mandatory standard, moreover, only covers e-bikes
with fully operable pedals and powered by electric motors less than 750
watts and whose maximum speed on a paved level surface, when powered
solely by such a motor while ridden by an operator who weighs 170
pounds, is less than 20 mph.
Domestic voluntary standards do not apply to e-bikes or do not
account for characteristics that are unique to e-bikes. As a result,
domestic voluntary standards appear inadequate to address the
mechanical hazards posed by e-bikes.
International standards do not cover e-bikes that can be
exclusively propelled by an electric motor or e-bikes with a maximum
speed over 15.5 mph. Therefore, international standards also appear
inadequate to address the mechanical hazards posed by e-bikes.
VI. Regulatory Alternatives
The Commission is considering one or more of the following
alternatives to address the risk of injury associated with e-bikes:
A. Revised Mandatory Standard Under the FHSA
Under the FHSA, the Commission could amend part 1512 by specifying
additional requirements that low-speed bicycles must meet. The FHSA
also allows the Commission to regulate mechanical hazards associated
with children's e-bikes as a ``toy or other article intended for use by
children.'' 15 U.S.C. 1262(e)(1). Therefore, the Commission also could
issue a rule specifically for children's e-bikes, including electric
balance bikes, under section 3(e)(1) of the FHSA or revise part 1512 to
specify requirements for children's e-bikes, including electric balance
bikes.
Under the FHSA, the Commission must invite any person to submit to
the Commission an existing standard or a portion of a standard as a
proposed regulation under section 2(q)(1) or section 3(e) and (f) of
the FHSA, or a statement of intention to modify or develop a voluntary
standard to address the risk of injury together with a description of a
plan to modify or develop the standard. 15 U.S.C. 1262(f)(5), (6). If
the Commission determines that any standard submitted in response to
this invitation would eliminate or adequately reduce the risk of injury
if promulgated (in whole, in part, or in combination with any other
standard submitted to the Commission) as a regulation under the FHSA,
the Commission may publish the standard, in whole, in part, or in such
combination and with nonmaterial modifications, as a proposed
regulation. 15 U.S.C. 1262(g)(1).
B. Mandatory Standards Under the CPSA
Under sections 7 and 9 of the CPSA, the Commission could proceed
with a rulemaking to establish product safety requirements for e-bikes
to address the risk of injury associated with collision and fall
hazards. 15 U.S.C. 2056(a). Such a standard could regulate higher speed
e-bikes, including electric balance bikes, that are outside the
definition of a ``low-speed electric bicycle'' in 15 U.S.C. 2085(b) and
that are not motor vehicles under 49 U.S.C. 30102(a)(7). The Commission
could also issue a product safety standard specifically for children's
e-bikes, including children's electric balance bikes, as a separate set
of requirements. For any mandatory rule, the Commission could issue a
rule that focuses on performance requirements only, or both performance
and labeling requirements and/or instructions to address collision and
fall hazards associated with e-bikes.
The Commission could issue a rule under the FHSA or the CPSA or
under both statutes. The Commission is interested in comments on the
approaches described above, as well as any other suggestions to develop
a
[[Page 18865]]
mandatory standard to address the risk of injury associated with e-
bikes. To issue a mandatory standard, the Commission would need to
assess the costs and benefits of the requirements. 15 U.S.C. 2058(f).
C. Reliance on Voluntary Standards
Alternatively, the Commission could continue to work to develop
more effective voluntary standard requirements to address injuries
associated with e-bikes. However, as stated in section V of this
preamble, the Commission preliminarily determines that the existing
standards do not adequately address hazards unique to e-bikes.
D. Non-Regulatory Actions
The Commission could take no regulatory action and instead continue
to rely on corrective actions under the FHSA or the CPSA. For example,
under section 15 of the FHSA, the Commission could continue to enforce
its current FHSA low-speed e-bike regulation.
The Commission could also continue to rely on recalls, both
voluntary and mandatory, to address hazards associated with e-bikes
instead of promulgating a mandatory rule under the FHSA or section 15
of the CPSA. However, recalls are not likely to be as effective at
reducing the risk of injury as a mandatory standard for several
reasons. Recalls generally only apply to an individual manufacturer and
product. Therefore, recalls are unlikely to address injuries that
appear systematic, as they do for e-bikes. Product recalls occur only
after consumers have purchased and used such products and have been
exposed to the hazard to be remedied by the recall. Additionally,
recalls can only address products that are already on the market and
cannot prevent unsafe products from entering the market. To be
effective, recalls also require consumer compliance.
E. Public Education
Finally, the Commission could issue news releases and other
informational materials warning consumers about the hazards associated
with e-bikes. As with recalls, this alternative is not likely to be as
effective in reducing the risk of injury as a mandatory standard.
VII. Request for Comments
This ANPR is the first step in a proceeding that could result in
amended or new mandatory regulations to address mechanical hazards
associated with e-bikes. For the purpose of these questions, e-bikes
include electric balance bikes. The Commission requests comment on all
aspects of this ANPR, and specifically requests comment regarding:
A. Statutory Requirements
In accordance with section 9(a) of the CPSA and section 3(f) of the
FHSA, we invite comments on:
1. The risk of injury identified by the Commission, the regulatory
alternatives being considered, and other possible alternatives for
addressing the risk.
2. Any existing standard or portion of a standard that could be
issued as a proposed regulation.
3. A statement of intention to modify or develop a voluntary
standard to address the risk of injury identified in this notice
together with a description of a plan (including a schedule) to modify
or develop the standard.
B. Information Specific to E-bikes
4. Which e-bikes should the Commission include or exclude from the
rulemaking and why?
5. How broadly should the Commission define e-bikes (beyond low-
speed e-bikes) to reflect recent developments in the product category?
For example, we can include all e-bikes except for those that meet the
definition of a motor vehicle in 49 U.S.C. 30102(a)(7).
6. What are some relevant factors we should consider in the
definition of an e-bike (e.g., weight, throttle capabilities, pedal-
assist capabilities, speed governors, motor power (watts) and
batteries).
7. What other definitions should the Commission consider? For
example, currently there is an e-bike classification system adopted in
some states and local jurisdictions. Is an existing or newly developed
classification system for e-bikes appropriate for Commission
regulations, and if so, how should CPSC regulations relate to the
classification system?
8. Under the internationally recognized EN standard EPACs (i.e., e-
bikes) are defined to have a ``maximum continuous rated power of 0.25
kW, of which the output is progressively reduced and finally cut off as
the EPAC reaches a speed of 25 km/h (15.5 mph), or sooner, if the
cyclist stops pedaling.'' Is there any evidentiary basis for using this
definition in a safety standard, and are there others in use elsewhere
in the world that CPSC should consider as a model?
C. Information on Usage and Incidents
As e-bikes continue to grow in popularity, CPSC is refining its
data collection and studies to analyze the incidents of injuries and
fatalities associated with e-bikes. We invite you to submit comments
and information concerning the following:
9. Studies, tests, or surveys performed to analyze e-bike usage,
such as rider demographics, steering and handling, effects of braking
and acceleration on control, frequency and duration of use, typical and
maximum speeds, use terrains, use on wet surfaces, use in times of
limited visibility, typical amount and weight of cargo, use with
passengers, previous experience with bicycles, and use and efficacy of
protective equipment or other protective technology that is integral to
the e-bike.
10. Any studies or analyses of e-bike usage that would lead to
riskier behavior in comparison to non-powered bikes, e.g., use in
traffic at higher speeds, accessibility to speed and hills.
11. The impact of the weight of an e-bike on its stability,
including how it varies at different speeds and its effect on the
potential risks of injury.
12. How does higher weight and speed of e-bike compared to a non-
powered bicycle affect the potential for injury?
13. Studies or other available research efforts that contribute to
the understanding of injury and mechanical hazard patterns (such as
collisions, falls, rider behavior, control, speed, helmet usage,
environment, etc.) and risks associated with e-bikes in the U.S. or in
other countries where e-bikes are widely used.
14. What hazard patterns or stability concerns, if any, are
particularly associated with three-wheeled e-bikes?
15. What are the developmental capabilities of children to
understand and operate e-bikes, including electric balance bikes, and
how does that relate to maximum speeds of the products?
16. What are the injury risks associated with electric balance
bikes and how should they be addressed?
17. Studies or other available research or information on
conspicuity enhancements available for e-bikes or bicycles and their
effectiveness in collision avoidance.
18. What distinguishes an off-road e-bike versus an on-road e-bike?
19. Do consumers use off-road e-bikes, capable of speeds over 28
mph, on road?
D. Potential Requirements and Voluntary Standards
20. E-bikes are currently required to meet the same mechanical
requirements as non- electric bicycles. Are there aspects of e-bikes
that require different regulatory requirements than those applicable to
non-electric bicycles?
21. Do e-bikes, due to their heavier weight or other factors, need
different
[[Page 18866]]
performance requirements for braking, particularly for disc brakes,
which are used in e-bikes but are not included in the current bicycle
standards?
22. Do e-bikes need different frame or other component requirements
than non-powered bicycles?
23. What different performance standards, if any, should be
required for three-wheeled e- bikes?
24. What requirements, if any, should the Commission consider for
conspicuity, such as lights or other visibility and audibility of e-
bikes? If so, what factors should the Commission take into
consideration?
25. Is it appropriate to have marking, labeling, instructional
literature, and/or packaging requirements specific to e-bikes
(especially for new riders)? If so, what are some important points that
the Commission should include?
26. What should the Commission consider setting, if any, as minimum
and/or maximum limits for acceleration?
27. What, if any, product weight requirements or limitations should
the Commission consider for e-bikes?
28. What, if any, maximum and minimum width for e-bike tires should
the Commission consider for e-bikes?
29. E-bikes are widely promoted and even subsidized by communities
seeking to encourage adoption of sustainable forms of transportation.
What performance requirements and warnings can help protect the safety
of consumers, especially new riders (including seniors) and parents who
are purchasing e-bikes for children?
30. Are there any performance requirements that should be
implemented specifically for children's e-bikes such as speed, power,
brakes, structural integrity, and conspicuity? If so, what should the
age ranges be for those requirements?
31. CPSC is aware of ASTM work item, ASTM WK88946, New
Specification for Electric Powered Balance Bike. Do electric balance
bikes need different performance requirements than other e-bikes?
32. Should there be requirements such as: maximum speed; speed,
weight, and throttle capabilities; pedal assist capabilities; or speed
governors?
33. Other than the types of requirements noted above, what
performance requirements should be considered to mitigate e-bike
injuries and deaths?
34. What technologies exist to protect e-bike riders before,
during, or after a collision--and how do those technologies affect the
risks to riders?
35. Should there be maximum speed requirements for e-bikes intended
for off-road use?
36. Should there be different protective gear recommendations for
e-bikes that are applicable to both children and adults, such as
helmets?
37. What other domestic standards, state, and local requirements
apply to e-bikes and how should the Commission assess the adequacy of
any such standards?
38. What other international standards govern e-bikes and how do
those standards compare to current U.S. voluntary standards and
statutory requirements?
E. Market Information
39. What percentage or share of the market or how many products are
solely human powered, low-speed e-bikes, versus higher speed e-bikes
and children's e-bikes including electric balance bikes?
40. How prevalent are three-wheeled e-bikes as a percentage or
share of the market?
41. Under the existing bicycle industry classification system for
e-bikes, what is the breakdown of e-bikes sold (i.e., Class 1, 2, and
3)? What information is there on e- bikes outside of the classification
system or on children's e-bikes?
42. What types of safety equipment are consumers purchasing with e-
bikes?
43. How many additional manufacturer labor hours (if any) are
required to assemble/install safety equipment (signal lights,
taillights, headlights, reflectors)?
44. How much additional time (if any) is required to manufacture an
e-bike as compared to a non-powered bike?
45. How many e-bike conversion kits are sold per year in the U.S.?
46. Are e-bikes with higher top speeds (over 28 mph) marketed for
off-road use currently being used on public roads, streets, or
highways?
F. Economic Impacts
47. What are the potential benefits of a rule that would require
warnings or instructions specific to e-bikes?
48. What are the potential benefits of a rule that would establish
additional performance requirements for low-speed e-bikes or new
performance requirements for non-low speed e-bikes or specifically for
children's e-bikes, including electric balance bikes?
49. What are the potential costs and benefits associated with a
mandatory rule for e-bikes?
50. What is the potential impact on small entities of a rule based
on the options presented above?
51. What is the typical difference in cost to produce solely human-
powered bikes, low- speed e-bikes, higher speed e-bikes, and children's
e-bikes?
52. What is the manufacturer's cost to produce various safety
features, including research and development costs, and components?
Comments and other submissions should be submitted in accordance
with the instructions provided above. All comments and other
submissions must be received by May 14, 2024.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-05472 Filed 3-14-24; 8:45 am]
BILLING CODE 6355-01-P
