Electric Bicycles; Advance Notice of Proposed Rulemaking; Request for Comments and Information, 18861-18866 [2024-05472]

Agencies

• Consumer Product Safety Commission

[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]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: https://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: 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 or 
comments received, go to: https://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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \7\ ASTM F963-17, Standard Consumer Safety Specification for Toy 
Safety. 16 CFR part 1250.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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