{"operation":"document","citation":"PHMSA Guidance, Considerations for Municipalities for Permitting Operations of Lithium-Ion Battery Powered Micromobility Devices","title":"Considerations for Municipalities for Permitting Operations of Lithium-Ion Battery Powered Micromobility Devices","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-11-26","effective_on":"2024-11-26","summary":"Considerations for Municipalities for Permitting Operations of Lithium-Ion Battery Powered Micromobility Devices Document Considerations-for-Municipalities.pdf (530.25 KB) The use of eBikes, eScooters, and other lithium battery powered micromobility devices are increasingly common. As municipalities permit shared micromobility operations in their jurisdictions, they should be aware of the hazards posed by lithium bat","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-considerations-municipalities-permitting-operations-lithium-493aa136.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-considerations-municipalities-permitting-operations-lithium-493aa136.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-considerations-municipalities-permitting-operations-lithium-493aa136","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/considerations-municipalities-permitting-operations-lithium","body":"Considerations for Municipalities for Permitting Operations of Lithium-Ion Battery Powered Micromobility Devices\n\nDocument\n\n Considerations-for-Municipalities.pdf (530.25 KB)\n\n        The use of eBikes, eScooters, and other lithium battery powered micromobility devices are increasingly common. As municipalities permit shared micromobility operations in their jurisdictions, they should be aware of the hazards posed by lithium batteries and the requirements for safe transportation of these materials. To help, PHMSA developed a list of considerations for municipalities, which provides information on the Hazardous Materials Regulations, incident reporting requirements, end-of-life management, and general fire safety messaging. See the Considerations for Municipalities guide for full details.\n\n          Issued Date: Tuesday, November 26, 2024\n\n<<<PAGE 1>>>\n\nUllore niti torere moluptassum quiae ©\nConsiderations for\nMunicipalities\nfor Permitting Operations of Lithium-Ion Battery Powered\nMicromobility Devices\n\n<<<PAGE 2>>>\n\nConsiderations for Municipalities\nINTRODUCTION\nThe use of lithium-ion battery-powered micromobility devices, like e-scooters and e-bikes, is expanding, in both\nthe consumer-owned and rental markets. Municipalities of all sizes are increasingly permitting micromobility\nrental companies to operate in their communities. The North American Bikeshare & Scootershare Association\n(NABSA) estimates that 401 cities had at least one shared micromobility system in 2022—a 35% increase from\n2021.1 These devices can provide an environmentally friendly alternative to cars, and bike/scooter shares can\nbe a low cost and equitable transportation option in urban areas.\nBut this growth also means that there are more lithium-ion batteries being transported, charged, stored, and\ndisposed of in populated areas every year. Lithium batteries are classified as a Class 9 hazardous material\n(hazmat) because they can catch fire in a process known as “thermal runaway”—an explosive, aggressive fire\nthat spreads rapidly, can reignite, and is challenging to extinguish.\nAs the agency that regulates hazardous materials in transportation, the Pipeline and Hazardous Materials\nAdministration (PHMSA) is concerned that this growth could lead to an increased risk of fires. In a 2023 report,\nthe Consumer Product Safety Commission (CPSC) identifies fire risk as a significant hazard for micromobility\ndevices, accounting for 19 deaths in a two-year period.2 Likewise, the New York City Fire Department reports\nresponding to over 140 lithium battery fires in 2022, with those fires being the cause of six deaths in the city.3\nMany of these batteries were found to be previously damaged, misused or abused, making them more likely to\ncause a serious fire.\nPHMSA developed this document to raise awareness of lithium-ion battery issues facing municipalities who\nallow, or are considering allowing, micromobility rental operations within their jurisdictions. To develop these\nconsiderations, PHMSA contacted more than 20 entities about their experiences with micromobility rental\npermitting, and ultimately met with seven municipalities and four micromobility companies. The considerations\nbelow are based on information received from these respondents, consideration of existing literature, and\nPHMSA’s subject-matter expertise in lithium-ion battery transportation.\nShared micromobility is an emerging area, based around developing technologies and a shifting legal\nlandscape. These considerations are not intended to explain, replace, or outline any requirements under law\nand are not meant to bind the public in any way. They are only intended to highlight some issues to consider\nwhen evaluating the use of lithium-battery powered micromobility devices within a specific municipality.\n1 North American Bikeshare & Scootershare Association. “Shared Micromobility: State of the Industry Report.” 2022. https://nabsa.\nnet/2023/08/10/2022industryreport/. This assessment is also supported by DuPuis, Nicole, Jason Griess, and Connor Klein. “Micromobility in Cities: A\nHistory and Policy Overview.” National League of Cities. 2019, https://www.nlc.org/wp-content/uploads/2019/04/CSAR_MicromobilityReport_FINAL.pdf.\n2 US Consumer Product Safety Commission. “Micromobility Products-Related Deaths, Injuries, and Hazard Patterns: 2017–2022.” September 2023.\nhttps://www.cpsc.gov/content/Micromobility-Products-Related-Deaths-Injuries-and-Hazard-Patterns-2017%E2%80%932022.\n3 New York City Fire Department. “e-Bike Fire Safety: Fire Safety Hazards Associated with Powered Mobility Devices.” 2022. https://www.nyc.gov/assets/\nfdny/downloads/pdf/codes/2022-2023-fep-annual-bulletin.pdf.\n1\n\n<<<PAGE 3>>>\n\n1\n2\nConsiderations for Municipalities\nCONSIDERATIONS\nFor more information,\ncheck out PHMSA’s\ncompliance aid resources,\nfocused on:\n• Hazmat Transportation\nRequirements\n• Understanding Materials\nof Trade (MOTs)\n• Lithium Battery Guide\nfor Shippers\nVerify the company's knowledge of lithium battery transportation and end-of-life regulations\nThe hazardous materials regulations are designed to ensure public safety,\nand many related incidents are the result of noncompliance with U.S. DOT\nregulations. When municipalities rely on the micromobility companies to know\nand follow pertinent regulations, their ability to provide oversight is limited.\nMunicipalities dealing with micromobility devices should familiarize themselves\nwith lithium battery transportation and end-of-life regulations (federal, state,\ncounty, and city), and verify the micromobility company's regulatory knowledge.\nThis includes the U.S. DOT hazardous materials regulations found in 49 CFR\nParts 171-180, such as those concerning battery-powered vehicles (49 CFR\n173.220), lithium battery shipping (49 CFR 173.185) and Materials of Trade\nexceptions (49 CFR 173.6).\nConsider the risks of using of private residences as charging locations for commercial operations\nWhile many micromobility companies utilize docking stations for charging, which offer a relatively high level\nof safety, some micromobility companies provide incentives to customers to charge commercial devices\nin private residences. This may pose risks to residents, such as exposing them to lithium battery-powered\ndevices that may have experienced misuse or abuse (and therefore pose an elevated fire risk), incentivizing\ncharging multiple devices (which may overtax residential electrical infrastructure), or increasing the likelihood of\nunattended charging.\nMunicipalities should be aware of whether micromobility companies intend to utilize private residences as\ncharging locations for business operations, and the risks involved, as they develop and administer local\npermitting programs.\nIf residential charging is allowed, municipalities should share information with residents on safe device charging\npractices. This may include recommendations such as:\nuse only manufacturer-approved and/or testing laboratory-certified replacement chargers and batteries\ndo not overcharge—unplug when charging is complete\ndo not charge overnight or unattended\ndo not block entrances and exits of spaces with micromobility devices.\nFor additional, consumer-oriented information on lithium battery safety, check out the New York City Fire\nDepartment’s FDNYSmart resources at https://www.fdnysmart.org/be-fdnysmart-when-using-any-devices-\npowered-by-lithium-ion-batteries/ and NFPA’s Public Education resources here: https://www.nfpa.org/Education-\nand-Research/Electrical/Ebikes#lithium-ion-battery-safety.\n•\n•\n•\n•\n2\n\n<<<PAGE 4>>>\n\nConsiderations for Municipalities\n3\n4\n5\n6\nVerify the locations of charging stations and company business addresses\nMany lithium-ion battery incidents occur during charging, as overcharging can led to thermal runaway. However,\nidentifying where charging occurs can be difficult. Several municipalities with whom PHMSA spoke either\nrequired or encouraged companies to provide charging locations.\nVerifying a company’s contact information and the exact location where the micromobility equipment (including\nlithium-ion batteries) will be charged and stored can help ensure compliance with permits and contracts. This\ninformation can also help local fire departments anticipate potential fire risks.\nCompliance with DOT incident reporting requirements\nThe federal government needs accurate data to help determine rising safety trends and regulatory gaps.\nUnder the HMR, the DOT requires that certain hazmat incidents be reported, as detailed in 49 CFR §§ 171.15(b)\nand 171.16. These “reportable incidents” are limited to various types of incidents occurring when hazardous\nmaterials are considered in transportation in commerce. In the micromobility sector, this might include incidents\noccurring when devices are being transported as cargo, or when device batteries are shipped for replacement\nor disposal. Incidents occurring during charging, or in the transportation of a individually-owned device for\npersonal use, would not require reporting.\nLithium-ion battery incidents, specifically, appear to be underreported to PHMSA, with incident data primarily\ncapturing lithium-ion batteries transported during commercial flights. While not all lithium battery incidents\nnecessitate a report, reports are mandatory for incidents that meet the DOT/PHMSA requirements in 49 CFR\n§ 171.16. Municipalities should familiarize themselves with these federal regulations and require micromobility\ncompanies to comply with all DOT incident reporting requirements as a condition of their business permit.\nDeveloping a program to track incidents, accidents, and/or end-of-life equipment\nOversight is important in ensuring that micromobility companies are legally compliant and/or operating safely.\nPHMSA’s incident reporting requirements do not capture all of the risks and trends that might be useful in\noverseeing micromobility companies, as these only apply to certain hazmat incidents in transportation (49 CFR\n171.15(b)). They do not account for incidents related to storage, charging, or use.\nTo better capture the safety implications, consider developing a municipal program to track data on incidents,\naccidents, or equipment that is no longer in use and designated for disposal/recycling. While there is an\nestablished precedent of micromobility reporting and data sharing through dashboards, these systems have not\ntended to capture battery-related data.\nVerify that all lithium batteries were tested adequately per the UN Manual of Tests and Criteria\nLow-quality and counterfeit batteries present greater risks to public, as they have not passed the required\ntests to verify that they are safe for consumer use. Without adequate safety features and the quality-assurance\nprovided by design testing, these batteries may pose an increased risk of fire.\nMunicipalities should consider requiring permit holders to verify that the lithium batteries were tested and\npassed Section 38.3 of the UN Manual of Tests and Criteria, as required by 49 CFR §173.185(a). Manufacturers\nand distributors are required to make lithium battery Test Summaries (TS) available. Municipalities can request\nthese documents and should consider avoiding permitting companies who cannot produce test summaries for\ntheir lithium batteries.\n3\n\n<<<PAGE 5>>>\n\n7\nConsiderations for Municipalities\nMunicipalities may also consider whether micromobility equipment meets voluntary safety standards meant to\nreduce the risk of fire. Though not required by regulation, the US Consumer Product Safety Commission (CPSC)\nhas urged manufacturers of micromobility devices to adhere to voluntary UL safety standards, including ANSI/\nCAN/UL 2272 and ANSI/CAN/UL 2849, focused on the full electrical systems of these devices.\nRequire a plan of action to properly manage Damaged, Defective, and Recalled (DDR)\nlithium-ion batteries\nBecause of the greater risk these batteries pose, Damaged, Defective, or Recalled\n(DDR) lithium-ion batteries should never be placed in the general waste stream.\nShipments of DDR batteries, including those for recycling or disposal, are fully\nregulated under the HMR, requiring UN specification packaging, shipping papers,\ntraining, and more.\nUnfortunately, many of the municipalities PHMSA spoke with had only limited\nknowledge of the safety risks presented by DDR lithium-ion batteries, or the\nrequirements to dispose of them safely.\nMunicipalities should consider requiring micromobility companies to develop\nand adhere to a plan of action to properly manage the disposal/end-of-life for DDR\nlithium-ion batteries. This may include identifying contracted carriers, timelines for\ndisposal, and tracking the estimated waste generation.\nFor more information\non DDR batteries, visit\nPHMSA’s Understanding\nthe Risks of Damaged,\nDefective, or Recalled\n(DDR) Batteries\nRESOURCES\nThe Hazardous Materials Regulations (HMR) can be accessed via eCFR.gov and navigating to Title 49, Subtitle\nB, Chapter 1, Subchapter C. For questions on the HMR, contact the Hazardous Materials Information Center at\n1 (800) 467-4922 or via email at INFOCNTR@dot.gov.\nPHMSA also provides additional compliance assistance resources on our Publications page, which can be\naccessed via the QR code (below). If you have feedback on this publication or would like to share best practices\nfrom your community on micromobility operations safety, please contact us at training@dot.gov.\nThese Considerations are not intended to explain, replace, or outline any requirements under the Hazardous Materials\nRegulations or provide any specific warranty or endorsement of actions by a non-Federal entity. These Considerations do not\nhave the force and effect of law and are not meant to bind the public in any way. They are only intended to highlight some\nissues to consider when evaluating the use of Lithium-battery powered micromobility devices within a specific municipality.\n4\n\n<<<PAGE 6>>>\n\nConsiderations for Municipalities\nAppendix I: References\n•\n•\n•\n•\n•\n•\n•\n•\n•\n•\nDuPuis, Nicole, Jason Griess, and Connor Klein. “Micromobility in Cities: A History and Policy Overview.” National League of Cities\n(NLC). 2019. https://www.nlc.org/wp-content/uploads/2019/04/CSAR_MicromobilityReport_FINAL.pdf.\nFederal Highway Administration (FHWA). “Electric Bicycle (E-bike) Trends, Impacts, and Opportunities: Literature Review Summary.”\n2023. https://www.fhwa.dot.gov/environment/bicycle_pedestrian/resources/e-bikes/ebikes_lit_review.pdf.\nKay, Robert S. Letter to Manufacturers, Importers, Distributors, and Retailers of Micromobility Devices for Consumer Use. US\nConsumer Product Safety Commission (CPSC). December 19, 2022. https://www.cpsc.gov/s3fs-public/Important%20Safety%20\nInformation%20Concerning%20Micromobility%20Devices.pdf.\nKolpakov, Alexander, Austin Marie Sipiora, Jana E. Huss. “Micromobility Policies, Permits, and Practices.” National Cooperative\nHighway Research Program (NCHRP). 2022. https://nap.nationalacademies.org/catalog/26815/micromobility-policies-permits-and-\npractices.\nNational Association of City Transportation Officials (NACTO). “Guidelines for Regulating Shared Micromobility, Ver. 2.” 2019. https://\nnacto.org/sharedmicromobilityguidelines/.\nNational Association of City Transportation Officials (NACTO) and International Municipal Lawyers Association (IMLA). “Managing\nMobility Data.” 2019. https://nacto.org/wp-content/uploads/2019/05/NACTO_IMLA_Managing-Mobility-Data.pdf.\nNational Fire Prevention Association (NFPA). “e-Bike and e-Scooter Safety.” 2022. https://go.nfpa.org/e-bike-e-scooter-safety.\nNational Fire Prevention Association (NFPA). “Safety with e-Bikes and e-Scooters.” Accessed March 19, 2024. https://www.nfpa.org/\nEducation-and-Research/Electrical/Ebikes#lithium-ion-battery-safety.\nNational League of Cities (NLC). “Micromobility in Cities: A History and Policy Overview.” 2019. https://www.nlc.org/wp-content/\nuploads/2019/04/CSAR_MicromobilityReport_FINAL.pdf.\nNew York City Council. “663-A: Sale, Lease, and Rental of Powered Bicycles, Powered Mobility Devices and Storage Batteries.”\nEnacted March 30, 2023. https://legistar.council.nyc.gov/LegislationDetail.aspx?GUID=D0854615-5297-460B-BCBC-\n646D24A75B2E&ID=5839354.\n•\n•\n•\n•\n•\n•\n•\n•\nNew York City Fire Department (FDNY). “e-Bike Fire Safety: Fire Safety Hazards Associated with Powered Mobility Devices.” 2022.\nhttps://www.nyc.gov/assets/fdny/downloads/pdf/codes/2022-2023-fep-annual-bulletin.pdf.\nNew York City Fire Department (FDNY). “Safety Tips for Devices with Lithium-Ion Batteries.” Accessed March 18, 2024. https://www.\nfdnysmart.org/be-fdnysmart-when-using-any-devices-powered-by-lithium-ion-batteries/.\nNorth American Bikeshare & Scootershare Association (NABSA). “Shared Micromobility: State of the Industry Report.” 2022. https://\nnabsa.net/2023/08/10/2022industryreport/.\nOpen Mobility Foundation. https://www.openmobilityfoundation.org/.\nUS Consumer Product Safety Commission (CPSC). “CPSC Calls on Manufacturers to Comply with Safety Standards for Battery-\nPowered Products to Reduce the Risk of Injury and Death.” December 20, 2022. https://www.cpsc.gov/Newsroom/News-\nReleases/2023/CPSC-Calls-on-Manufacturers-to-Comply-with-Safety-Standards-for-Battery-Powered-Products-to-Reduce-the-Risk-\nof-Injury-and-Death.\nUS Consumer Product Safety Commission (CPSC). “CPSC Urges Consumers to Not Buy or Use “Universal” Chargers with\nMicromobility Products Due to Fire Hazard.” September 2024. https://www.cpsc.gov/Newsroom/News-Releases/2024/CPSC-Urges-\nConsumers-to-Not-Buy-or-Use-Universal-Chargers-with-Micromobility-Products-Due-to-Fire-Hazard.\nUS Consumer Product Safety Commission (CPSC). “E-Scooter and E-Bike Injuries Soar: 2022 Injuries Increased Nearly 21%.” 2023.\nhttps://www.cpsc.gov/Newsroom/News-Releases/2024/E-Scooter-and-E-Bike-Injuries-Soar-2022-Injuries-Increased-Nearly-21.\nUS Consumer Product Safety Commission (CPSC). “Micromobility Products-Related Deaths, Injuries, and Hazard Patterns:\n2017–2022.” 2023. https://www.cpsc.gov/content/Micromobility-Products-Related-Deaths-Injuries-and-Hazard-Patterns-\n2017%E2%80%932022.\n5\n\n<<<PAGE 7>>>\n\nConsiderations for Municipalities\nAppendix II: List of Interviewees\nSemi-structured interviews were conducted between October 2022 and January 2023, with seven\nmunicipalities and four micromobility companies. The organizations and their relevant characteristics can be\nseen in Table 1, below.\nTable 1. Municipal Interviewees\nORGANIZATION LOCATION MICROMOBILITY OPERATION(S)\nAgency (SFMTA) San Francisco Municipal Transportation\nSan Francisco, CA Powered Scooter Share Permit\nProgram; BayWheels Bicycle Share\nSeattle Department of Transportation (SDOT) Seattle, WA Scooter Share, Bike Share\nCity of Durham Transportation Department Durham, NC Shared Active Transportation\nSystems (SATS) (eScooter, eBike)\nChittenden County Regional Planning Commission Winooski, VT Chittenden Area Transportation\nManagement Association (CATMA)\nPortland Bureau of Transportation (PBOT) Portland, OR E-Scooter Program\nLong Beach Department of Public Works Long Beach, CA Go Active Long Beach\nNew York City Department of Transportation\n(NYC DOT)\nNew York, NY Charge Safe, Ride Safe\nTable 2. Micromobility Company Interviewees\nCOMPANY EQUIPMENT TYPE(S)\nBird Scooters, eBikes\nLime Scooters, eBikes\nLyft eBikes\nSpin Scooters\n6\n\n<<<PAGE 8>>>\n\nFor additional information contact:\nThe Hazardous Materials Info Center\n1-800-HMR-4922\n(1-800-467-4922)\nEmail: infocntr@dot.gov\nPipeline and Hazardous Materials\nSafety Administration\nOutreach, Training, and Grants Division\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nEmail: training@dot.gov\n202-366-4900\n202-366-7342 (Fax)\nPHH50-0218-1124","truncated":false,"body_characters":19661}