CPSC Redirects Lithium-Ion Battery Rulemaking for Micromobility Products

October 2, 2025

The U.S. Consumer Product Safety Commission (CPSC) has taken another step in its ongoing efforts to regulate lithium-ion batteries in micromobility products. In its August 18th, 2025 memorandum and August 21st, 2025 statement, the Commission directed staff to withdraw the previously submitted Notice of Proposed Rulemaking (NPR) on lithium-ion battery safety for micromobility products, and instead resubmit the draft to the Office of Information and Regulatory Affairs (OIRA) under the framework of Executive Order 14215 and U.S. Office of Management and Budget (OMB) guidance.

What This Means Procedurally

This is not the end of the rulemaking process, but a redirection. By withdrawing the NPR from the Federal Register and routing it through OIRA, the Commission is signaling that broader interagency review and compliance with recent executive directives are necessary before the proposal moves forward. This move reflects both the complexity of lithium-ion battery regulation and the heightened scrutiny that agencies and industry participants face under evolving federal accountability standards.

Industry Implications

For manufacturers, importers, and suppliers of micromobility devices (e-bikes, scooters, hoverboards, etc.), this action highlights several important points:

  • Regulatory Uncertainty Continues: The pathway toward a final safety standard remains in flux. Stakeholders should expect the timeline to be less clear, as OIRA review typically involves additional consultation, revisions, and possible economic impact assessments.
  • Compliance Pressures Remain: Even in the absence of a CPSC final rule, the market is already experiencing strong pressure from local jurisdictions, insurance providers, and retailers to adopt recognized battery safety standards (UL, IEC, etc.). For example:
    • Local Jurisdictions: New York City’s Local Law Int. No. 663-A requires all e-bikes to be certified to UL 2849, e-scooters to UL 2272, and lithium-ion batteries to UL 2271, with civil penalties up to $1,000 per stock keeping unit for violations (NYC Council legislation).
    • Industry Self-Regulation: The National Bicycle Dealers Association launched a comprehensive safety initiative in August 2025 calling for voluntary adoption of UL certification standards across the entire supply chain, citing retailer protection, consumer safety, and liability mitigation as key drivers (NBDA Safety Initiative).
  • Potential for Broader Standards: OIRA’s involvement suggests that any forthcoming rule could align more closely with cross-agency priorities, potentially harmonizing federal, state, and international safety expectations.

Looking Ahead

The CPSC’s focus on lithium-ion batteries is unlikely to diminish. Fire risks, consumer safety concerns, and the rapid expansion of micromobility all ensure that battery safety will remain a regulatory priority. However, the timeline and final contours of a federal standard are still uncertain.

Industry participants must be proactive and continue prioritizing robust battery safety practices, testing, and supply chain diligence, regardless of the regulatory timeline. Early adoption of best practices not only reduces risk but positions companies well for eventual compliance once federal standards solidify.

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