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rents, or royalties received or accrued (iii) Anti-abuse rule. Paragraphs § 1.958–2 Constructive ownership of from a foreign corporation as received or (f)(2)(iv)(B)(1) and (3) of this section stock. accrued from a controlled foreign apply to taxable years of controlled * * * * * corporation payor if a principal purpose foreign corporations ending on or after (d) * * * of the use of an option to acquire stock May 17, 2019, and to taxable years of (1) * * * Except as otherwise or an equity interest, or an interest United States shareholders in which or provided in paragraph (d)(2) of this similar to such an option, that causes with which such taxable years end, with section and § 1.954–1(f)— the foreign corporation to be a respect to amounts that are received or * * * * * controlled foreign corporation payor is accrued by a controlled foreign (e) * * * Except as otherwise to qualify dividends, interest, rents, or corporation on or after May 17, 2019 to provided in § 1.954–1(f), if any person royalties paid by the foreign corporation the extent the amounts are received or has an option to acquire stock, such for the section 954(c)(6) exception. For accrued in advance of the period to stock shall be considered as owned by purposes of this paragraph which such amounts are attributable such person. * * * (f)(2)(iv)(B)(2), an interest that is similar with a principal purpose of avoiding the * * * * * to an option to acquire stock or an application of paragraph (f)(2)(iv)(B)(1) (h) Applicability date. Paragraphs equity interest includes, but is not or (3) of this section with respect to limited to, a warrant, a convertible debt (d)(1) and (e) of this section apply for such amounts. taxable years of controlled foreign instrument, an instrument other than * * * * * debt that is convertible into stock or an corporations ending on or after the date ■ Par. 4. Section 1.954–2 is amended of publication in the Federal Register of equity interest, a put, a stock or equity by: interest subject to risk of forfeiture, and the Treasury decision adopting these ■ 1. Revising paragraphs (c)(2)(iii)(B) a contract to acquire or sell stock or an rules as final regulations, and for the and (c)(2)(iv)(A). taxable years of United States equity interest. ■ (3) Neither section 318(a)(4), nor 2. Revising the heading of paragraph shareholders in which or with which § 1.958–2(e) or the principles thereof, (i). such taxable years end. ■ 3. Redesignating paragraph (i)(2) as applies to treat a person that has an Kirsten Wielobob, option to acquire stock or an equity paragraph (i)(3). ■ 4. Adding new paragraph (i)(2). Deputy Commissioner for Services and interest, or an interest similar to such an Enforcement. The revisions and addition read as option, as owning the stock or equity [FR Doc. 2019–10464 Filed 5–17–19; 8:45 am] interest if a principal purpose for the follows: BILLING CODE 4830–01–P use of the option or similar interest is § 1.954–2 Foreign personal holding to treat a person as a related person with company income. respect to a controlled foreign DEPARTMENT OF LABOR corporation under this paragraph (f). For * * * * * purposes of this paragraph (c) * * * (2) * * * Occupational Safety and Health (f)(2)(iv)(B)(3), an interest that is similar Administration to an option to acquire stock or an (iii) * * * (B) Deductions for amounts (including equity interest includes, but is not 29 CFR Part 1910 limited to, a warrant, a convertible debt rents and royalties) paid or incurred by instrument, an instrument other than the lessor for the right to use the [Docket No. OSHA–2016–0013] property (or a component thereof) that debt that is convertible into stock or an RIN 1218–AD00 equity interest, a put, a stock or equity generated the rental income; interest subject to risk of forfeiture, and * * * * * The Control of Hazardous Energy a contract to acquire or sell stock or an (iv) * * * (Lockout/Tagout) equity interest. (A) Amounts (including rents and AGENCY: (3) Applicability dates—(i) General royalties) paid or incurred by the lessor Occupational Safety and Health rule. Except as otherwise provided in for the right to use the property (or a Administration (OSHA), DOL. this paragraph (f)(3), paragraph (f)(2)(iv) component thereof) that generated the ACTION: Request for Information (RFI). of this section applies to taxable years rental income; of controlled foreign corporations SUMMARY: The control of hazardous * * * * * ending on or after the date of energy is regulated under OSHA’s publication in the Federal Register of (i) Applicability dates. *** control of hazardous energy (Lockout/ the Treasury decision adopting these (2) Paragraphs (c)(2)(iii)(B) and Tagout) standard. The standard’s rules as final regulations, and taxable (c)(2)(iv)(A) of this section. Paragraphs purpose is to protect workers from the years of United States shareholders in (c)(2)(iii)(B) and (c)(2)(iv)(A) of this dangers of hazardous energy. This RFI which or with which such taxable years section apply for taxable years of seeks information regarding two areas end. controlled foreign corporations ending where modernizing the Lockout/Tagout (ii) Option rule in paragraph on or after the date of publication in the standard might better promote worker (f)(2)(iv)(B)(2) of this section. Paragraph Federal Register of the Treasury safety without additional burdens to (f)(2)(iv)(B)(2) of this section applies to decision adopting these rules as final employers: control circuit type devices taxable years of controlled foreign regulations, and for the taxable years of and robotics. OSHA’s Lockout/Tagout corporations beginning after December United States shareholders in which or standard currently requires that all 31, 2006, and ending before the date of with which such taxable years end. sources of energy, including energy publication in the Federal Register of * * * * * stored in the machine itself, be the Treasury decision adopting these ■ Par. 5. Section 1.958–2 is amended by controlled during servicing and rules as final regulations, and taxable revising paragraph (d)(1) introductory maintenance of machines and years of United States shareholders in text and the first sentence of paragraph equipment using an energy-isolating which or with which such taxable years (e) and adding paragraph (h) to read as device (EID). Control circuit type end. follows: devices are specifically excluded from

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OSHA’s definition of an EID and are that the Docket Office can attach them Communications; telephone: 202–693– thus not a compliant method of to the appropriate document. 1999; email: [email protected]. controlling hazardous energy during Regular mail, express mail, hand General and technical information: service and maintenance activities. But delivery, or messenger (courier) service: Lisa Long, OSHA Directorate of technological advances since the Submit comments and any additional Standards and Guidance; email: standard was issued in 1989 suggest material (for example, studies or journal [email protected]. that, at least in some circumstances, articles) to the OSHA Docket Office, SUPPLEMENTARY INFORMATION: control circuit type devices may be at Docket No. OSHA–2016–0013 or RIN Copies of this Federal Register notice: least as safe as EIDs. OSHA requests 1218–AD00, Technical Data Center, Electronic copies are available at information, data, and comments that Room N3653, Occupational Safety and https://www.regulations.gov. This would assist the agency in determining Health Administration, U.S. Department Federal Register notice, as well as news under what conditions control circuit of Labor, 200 Constitution Avenue NW, releases and other relevant information, type devices could safely be used for the Washington, DC 20210; telephone: (202) is also available at OSHA’s web page at control of hazardous energy. OSHA may 693–2350. (OSHA’s TTY number is https://www.osha.gov. also consider changes to the Lockout/ (877) 889–5627). All additional References and Exhibits (optional): Tagout standard that address hazardous materials must clearly identify your Documents referenced by OSHA in this energy control for new robotics electronic submission by name, date, RFI, other than OSHA standards and technologies. Employers are and docket number so that OSHA can Federal Register notices, are in Docket increasingly using robots and robotic attach them to your comments. Due to No. OSHA–2016–0013 (Lock-out/Tag- components in their workplaces. OSHA security procedures, there may be out Update). The docket is available at would like to know more about what delays in receiving materials that are https://www.regulations.gov, the Federal hazards and benefits this presents with sent by regular mail. For more eRulemaking Portal. For additional respect to control of hazardous energy, information about security procedures information on submitting items to, or safeguards that can be used, increased concerning the delivery of materials by accessing items in, the docket, please efficiencies that result, and any other express delivery, hand delivery, and refer to the ‘‘ADDRESSES’’ section of information related to ensuring messenger or courier service, please this RFI. Most exhibits are available at employee safety in interfacing with contact the OSHA Docket Office. The https://www.regulations.gov; some robots. OSHA will use the information hours of operation for the OSHA Docket exhibits (e.g., copyrighted material) are received in response to this RFI to Office are 10:00 a.m. to 3:00 p.m., ET. not available to download from that web determine what action, if any, it may Instructions: All submissions must page. However, all materials in the take to reduce regulatory burdens while include the agency’s name and the dockets are available for inspection at docket number for this RFI (OSHA– maintaining worker safety. the OSHA Docket Office. 2016–0013). When submitting DATES: Submit comments on or before comments or recommendations on the Table of Contents August 19, 2019. All submissions must issues that are raised in this RFI, I. Introduction bear a postmark or provide other commenters should explain their II. Background evidence of the submission date. rationale and, if possible, provide data A. Control Circuit Type Devices and Other and information to support their Alternative Methods to Lockout/Tagout ADDRESSES: Submit comments and B. Addressing New Robotics Technology additional materials, identified by comments or recommendations. C. Economic Impacts Docket No. OSHA–2016–0013, by any of Comments and other material, including III. Request for Information, Data, and the following methods: any personal information, will be placed Comments in the public docket without revision, IV. Authority and Signature Electronically: Submit comments and and will be publicly available online at attachments electronically at https:// https://www.regulations.gov. Therefore, I. Introduction www.regulations.gov, which is the commenters should not submit OSHA is considering whether to Federal eRulemaking Portal. Follow the statements that they do not want made initiate rulemaking to revise its control instructions online for making available to the public or include any of hazardous energy standard for general electronic submissions. comments that may contain personal industry. One aim of this RFI is to seek Facsimile: OSHA allows facsimile information (either about themselves or public comment on modernization of transmission of comments and others) such as Social Security the control of hazardous energy additional material that are 10 pages or Numbers, birth dates, and medical data. standard without compromising worker fewer in length (including attachments). Docket: To read or download safety. OSHA is requesting information Send these documents to the OSHA submissions or other material in the from the public on its control of Docket Office at (202) 693–1648. OSHA docket, go to https:// hazardous energy standard to help the does not require hard copies of these www.regulations.gov or the OSHA agency determine how to best protect documents. Instead of transmitting Docket Office at the above address. The employees. facsimile copies of attachments that https://www.regulations.gov index lists OSHA’s control of hazardous energy supplement these documents (for all documents in the docket. However, (Lockout/Tagout) standard covers the example, studies, journal articles), some information (e.g., copyrighted servicing and maintenance of machines commenters must submit these material) is not available to publicly and equipment in which the unexpected attachments to the OSHA Docket Office, read or download through the website. energization or start-up of machines or Technical Data Center, Room N3653, All submissions, including copyrighted equipment, or release of stored energy, Occupational Safety and Health material, are available for inspection at could harm employees.1 These hazards Administration, U.S. Department of the OSHA Docket Office. Contact the exist not only for the employees Labor, 200 Constitution Avenue NW, OSHA Docket Office for assistance in working directly with the machines or Washington, DC 20210. These locating docket submissions. equipment, but also for the employees attachments must identify clearly the FOR FURTHER INFORMATION CONTACT: nearby. The Lockout/Tagout standard sender’s name, the date, subject, and Press Inquiries: Frank Meilinger, docket number (OSHA–2016–0013) so Director, OSHA Office of 1 29 CFR 1910.147(a)(1)(i).

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was developed to address these hazards presented in NSCI’s request for a safety relays, would not cause a critical by establishing minimum performance variance.5 NSCI, a manufacturer of steel failure without alerting employees. With requirements for the control of wire rod and coiled rebar, had proposed respect to vulnerability from outside hazardous energy.2 the implementation of a complete failures, such as attempts to bypass the The Lockout/Tagout standard system that would provide an system, OSHA determined that the currently requires that all hazardous alternative means of compliance to the system also provided equivalent energy from power sources and energy requirements of 1910.147(d)(4)(i) and protection to full lockout for these types stored in the machine itself be (ii) with regard to grinding rolls on a roll of failures. controlled using energy isolating mill stand. The engineered system used Although control circuit type devices devices (EIDs) when an employee is a ‘‘trapped key’’ concept and monitored may not permit easy visual confirmation performing servicing or maintenance of safety-rated power relays in of their application, in this instance, the a machine or equipment.3 OSHA’s combination with administrative system allowed the exposed employee definition of EIDs excludes push procedures. The trapped key system was to verify the effectiveness of the system buttons, selector switches, and other designed to replace a locked out EID through attempted startup of the control circuit type devices.4 and to function similarly to a lockout machine. In addition, the safety system Nevertheless, OSHA recognizes that device, in that only the employee in was designed to revert to a safe mode in there have been safety advancements to possession of the key could restart the the event of a failure, the status of the control circuit type devices since OSHA machine undergoing maintenance. The safety system was monitored by adopted the standard in 1989. single key was controlled through multiple safety relays, and any faults Accordingly, OSHA is revisiting the administrative group lockout would be signaled to operators. After Lockout/Tagout standard to consider procedures that NSCI asserted matched completing an analysis of the company’s whether to allow the use of control the requirements of 29 CFR 1910.147.6 variance request and accompanying circuit type devices instead of EIDs for OSHA evaluated whether the device documentation, OSHA determined the some tasks or under certain conditions. provided an equivalent level of proposed system was an effective OSHA seeks information, data, and employee personal control over alternative to full lockout for the task comments that would help the agency machine re-energization, ability to identified in the request. determine under which conditions, if account for exposed employees, and As a result of the evaluation of this any, control circuit type devices could verification of isolation to that required recent variance request, OSHA has safely be used. OSHA is also by the OSHA standard.7 OSHA reached determined that there may be a basis for considering changes to the Lockout/ three conclusions. First, OSHA amending the Lockout/Tagout standard Tagout standard that would reflect new concluded that the alternate device to allow the use of control circuit type industry best practices and allowed energy control measures to devices for hazardous energy control technological advances for hazardous remain under the personal control of the under certain conditions. Based on energy control in the robotics industry. exposed employee through control of preliminary research and alliance- OSHA invites information, data, and the trapped key using a group lockbox. partner feedback, OSHA believes the comments on these and any other issues Second, OSHA concluded that use of control circuit type devices is or concerns that regulated employers, employees were able to verify de- typically limited to the types of tasks affected employees, and other interested energization. Third, OSHA concluded that do not meet the minor servicing parties may have regarding the existing that authorized employees were easily exception in the Lockout/Tagout Lockout/Tagout standard. identified before equipment restart. standard but that also do not require After reviewing the alternative safety II. Background either extensive disassembly of the measures proposed in NSCI’s machine or worker entrance into A. Control Circuit Type Devices and application, and its responses to hazardous areas that may be difficult to 8 Other Alternative Methods to Lockout/ OSHA’s follow-up questions, OSHA escape quickly. An example of such a Tagout granted the employer a variance task is machine setup. OSHA is The OSHA standard currently permitting use of this device exclusively requesting information about how requires employers to use an EID to for this task. 81 FR 20680. OSHA employers have been using these control hazardous energy during the granted the variance based on a safety devices, including information about servicing and maintenance of machines evaluation of the complete system, not the types of circuitry and safety and equipment. Over the years, some just its individual components. procedures being used and the employers have stated that they believe Specifically, OSHA evaluated whether limitations of their use, to determine that control circuit type devices that use the alternative system could, as a whole, under what other conditions control approved components, redundant be considered as protective as an energy circuit type devices could safely be systems, and control-reliable circuitry isolating device. OSHA concluded that used. are as safe as EIDs. OSHA recognizes the proposed trapped key system was as As part of this RFI, OSHA is also that recent technological advances may effective as full lockout during this task evaluating criteria used by consensus have resulted in safety improvements to in ensuring against internal and external standards to determine the safety control circuit type devices. failures that could lead to the release of effectiveness of control circuits. For In April 2016, OSHA granted a hazardous energy. The agency example, the International Organization permanent variance to Nucor Steel determined that internal failures, such for Standardization (ISO) and Connecticut Incorporated (NSCI), as welded relay contacts or errors in the International Electrotechnical permitting the use of a control circuit Commission (IEC) both have standards type device for the control of hazardous 5 OSHA–2014–0022–0013/FR 2016–08004. 6 with detailed requirements for control energy under the specific conditions OSHA–2014–0022/FR 2015–30483. 7 29 CFR 1910.147(c)(8); 1910.147(d)(4); circuit devices used for protection from 9 1910.147(d)(6). machine hazards. The ISO and IEC 2 Id. 1910.147(a)(1)(i). 8 https://www.regulations.gov/ 3 Id. 1910.147(a)(2)(i); 1910.147(a)(3)(i); document?D=OSHA-2014-0022-0007, https:// 9 See, e.g., ANSI/ISO 12100:2012 Safety of 1910.147(c)(i). www.regulations.gov/document?D=OSHA-2014- machinery—General principles for design—Risk 4 Id. 1910.147(b). 0022-0009. assessment and risk reduction; ISO 13849–

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standards evaluate the safety of a not feasible, where energy is required to energy in the context of the Lockout/ control system by considering its design perform a task, where repetitive cycling Tagout standard. and function. The IEC standards of an energy-isolating device increases The traditional robot model involves evaluate whether a system can achieve risk, and where energy is required to a large device that welds metal pieces or a certain ‘‘safety integrity level,’’ while maintain equipment in a safe state, etc.’’ moves panels or assemblies. This type the ISO 13849–1 consensus standard As a result, ANSI revised its standard to of robot has a fixed base and an arm that evaluates ‘‘performance levels’’ for each include ‘‘distinct requirements for moves freely. It is kept separate from safety function. The ISO 13849–2 controlling hazardous energy through workers during its operating stage and consensus standard also has safety three different approaches: lockout (the stays behind a locked door or within a categories that describe both the primary approach), tagout and locked compartment as it works. During performance level required for that alternative methods.’’ periods of maintenance or adjustment, category and the characteristics of the these robots’ movements are supposed In 2016, the committee released a new error-checking of a system in that to be limited or greatly slowed to reduce consensus standard, ANSI/ASSPP category. The highest safety category or eliminate the potential for worker Z244.1—2016 The Control of Hazardous requires both the highest performance injury. Energy Lockout, Tagout and Alternative level of the control system and the most The technological innovations of a Methods. The standard’s Introduction extensive error checking. Additionally, new generation of robots, however, to determine the level of safety of a states that it ‘‘provides for decision- suggest that this may be changing. control system, both the IEC and the ISO making flexibility regarding hazardous Unlike traditional robots, newer robots standards consider the reliability of the energy control methodology. Alternative are more mobile and may be allowed to system as a whole and its components, methods, when used, are based upon roam freely in a specified area, even if the operating environment, and the risk assessment and application of the that area is separate from employees. effects of failure. classic hazard control hierarchy (clause Collaborative robots go a step further by OSHA promulgated the current 8.1.2). However, lockout continues to be working with human workers. In some version of 29 CFR 1910.147 on emphasized as the primary hazardous cases, such robots are worn directly by September 1, 1989. OSHA relied heavily energy control method.’’ The ANSI the employees themselves, for example, on a 1982 consensus standard published standard requires that lockout or tagout as exoskeletons. by the American National Standards ‘‘be used unless the user can Due to these advances in robotics, Institute (ANSI).10 The 1989 preamble demonstrate an alternative method will OSHA is seeking information, stated that the ANSI standard was ‘‘[o]f provide effective protection for persons. comments, and data about any new risks great assistance to OSHA’’ and that When lockout or tagout is not used, then of exposure to hazardous energy that ‘‘[t]he consensus standard was utilized alternative methods shall be used only employees may face as a result of by OSHA as the primary basis for after the hazards have been assessed and increased interaction with robots. OSHA development of its proposed standard.’’ risks documented.’’ Thus, before using is seeking information, comments, and 54 FR 36645. ANSI reaffirmed the 1982 an alternative method, the employer is data on whether the agency should consensus standard ‘‘without any required to complete a practicability/ consider changes to the Lockout/Tagout changes in content’’ in 1988 and again justification analysis, a risk assessment, standard that would address these new in 1992. and other applicable evaluations. An risks, as well as to account for any But by 2014, the Z244.1 committee accompanying chart and table in the reduction in risks or other benefits to recognized that, with the rapid standard go through the risk assessment worker safety, associated with using advancement of technology, process and the hazard control robots. ‘‘[a]dvanced control systems provide hierarchy. C. Economic Impacts new opportunities for addressing energy OSHA is seeking information, control where conventional lockout is comments, and data on the effectiveness In addition to the specific questions of these approaches to control system posed in Part III of this RFI, OSHA 1:2015(E) Safety of machinery—Safety-related parts safety and any limitations or potential welcomes data and information on the of control systems—Part 1: General principles for issues regarding their use for some tasks potential economic impacts should design; ISO 13849–2:2012(E) Safety of machinery— OSHA decide to make changes to the Safety-related parts of control systems—Part 2: that currently require lockout/tagout. Validation; ISO/TR 22100–1:2015(E) Safety of Lockout/Tagout standard. When machinery—Relationship with ISO 12100—Part 1: B. Addressing New Robotics Technology responding to the questions in this RFI, How ISO 12100 relates to type-B and type-C in Relation to Lockout/Tagout OSHA requests, whenever possible, that standards; ISO/TR 22100–2:2013(E) Safety of stakeholders discuss potential economic machinery—Relationship with ISO 12100—Part 2: Because robots may contain How ISO 12100 relates to ISO 13849–1; ISO impacts in terms of: 14118:2000(E) Safety of machinery—Prevention of hazardous energy, the Lockout/Tagout a. Quantitative benefits (e.g., unexpected start-up; ISO/TR 14121–2:2012(E) standard can apply to their servicing reductions in injuries, fatalities, and Safety of machinery—Risk assessment— Part and maintenance. OSHA has previously property damage); 2:Practical guidance and examples of methods; IEC focused on industrial robots, defined as b. Costs (e.g., compliance costs or 62040–1:2017–04 PRV(en-fr) FINAL DRAFT ‘‘programmable multifunctional INTERNATIONAL STANDARD Uninterruptible decreases in productivity); and power systems (UPS)—Part 1: Safety requirements; mechanical devices designed to move c. Offsets to costs (e.g., increases in IEC 62061:2005–01+AMD1:2012–11+AMD2:2015– material, parts, tools, or specialized productivity, less need for maintenance 06 CSV(en-fr) CONSOLIDATED VERSION Safety of devices through variable programmed and repairs). machinery—Functional safety of safety-related motions to perform a variety of tasks.’’ 11 OSHA also invites comment on any electrical, electronic and programmable electronic control systems; IEC 61508–1:2010 OSHA is now studying the evolution of unintended consequences and INTERNATIONAL STANDARD Functional safety of the use of robots in the workplace and consistencies or inconsistences with electrical/electronic/programmable electronic how this affects employee protections other policies or regulatory programs safety-related systems—Part 1: General that might result if OSHA revises the 29 requirements. related to the control of hazardous 10 See ANSI Z244.1, American National Standard CFR 1910.147 standard. for Personnel Protection—Lockout/Tagout of Energy 11 OSHA, Robotics: Overview, available at https:// OSHA welcomes all comments but Sources—Minimum Safety Requirements. www.osha.gov/SLTC/robotics/index.html. requests that stakeholders discuss

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economic impacts in as specific terms as needed to implement the controls? How downtime, and the lack of a requirement possible. For example, if a provision or frequently do you employ some form of to clear programming on computer policy change would necessitate lockout/tagout system in your facility? controlled devices. Are there any other additional employee training, it is most 4. Are there any specific conditions benefits to using control circuit type helpful to OSHA to receive information under which the use of control circuit devices? Are there certain situations on the following: type devices would not be advisable? where these devices are especially 1. The training courses necessary; 5. When the Lockout/Tagout standard advantageous? For example, where 2. The topics training would cover; was originally drafted, OSHA rejected machine tasks require frequent 3. The types of employees who would the use of control circuit type devices repetitive access, is the process faster need training and what percent (if any) for hazardous energy control due to and/or less physically demanding than of those employees currently receive the concerns that the safety functions of applying mechanical lock(s)? training; these devices could fail as a result of 15. What other methods or devices, if 4. The length and frequency of component failure, program errors, any, are being used with control circuit training; magnetic field interference, electrical type devices to control the release of 5. Any retraining necessary; and surges, or improper use or maintenance. hazardous energy, especially in cases 6. The training costs, whether Have new technological advances to where the control circuit devices are conducted by a third-party vendor or by control circuit type devices resolved only used to prevent machine start-up? an in-house trainer. these concerns? How so? Are there control circuit type devices For discussion of equipment-related 6. Are there issues with physical that require additional methods or costs, OSHA is interested in all relevant feedback for control circuit type devices to fully control the release of factors including: devices? hazardous energy? What improvements 1. The prevalence of current use of the 7. What are the safety and health to safety or health does the use of these equipment; issues involving maintenance, devices or methods provide? 2. The purchase price; installation, and use of control circuit 16. What are the unit costs for 3. Cost of installation and training; type devices? Have you found that installing and using control circuit type 4. Cost of equipment maintenance and alternative safety measures themselves devices or other alternative methods of operation and upgrades; and cause any new or unexpected hazards or hazardous energy control? Are the costs 5. Expected life of the equipment. safety problems? Please provide any of installing and using control circuit The agency also invites comment on examples if you have them. type devices or other alternative the time and level of expertise required 8. Do control circuit type devices methods of controlling hazardous if OSHA were to implement potential address over-voltage or under-voltage energy dependent on the capacity or changes this RFI discusses, even if conditions that may signal power-off, efficiency of the devices? If so, please dollar-cost estimates are not available. power-on, or false negatives on error include details on the effects of capacity on these unit costs including the III. Request for Information, Data, and checking? 9. How do control circuit systems capacity of any equipment you use in Comments detect if a component of a control your facility. Are these devices OSHA is seeking information, data, circuit device breaks, bends, or generally integrated into newly and comments to help the agency otherwise goes out of specification? purchased machinery, or are they determine what action, if any, it should How do the systems signal this to the purchased and installed separately? take to modernize the control of exposed employee? Could these types of What steps need to be taken, and how hazardous energy standard while failures create a hazard while the system long do those steps take, for these maintaining or improving worker safety. continues to signal that conditions are systems to be engaged in a manner that OSHA also seeks information, data, and safe? fully protects workers from the release comments that will inform the agency’s 10. What level of redundancy is of hazardous energy? analysis of the technological and necessary in determining whether a 17. What additional actions is your economic feasibility of any such action. control circuit type device could be firm taking to protect workers when OSHA would like data, information, used instead of an EID? they are servicing machinery with and comments on the following 11. Lockout/tagout on EIDs ensures control circuit type devices in order to questions: that machines will not restart while an meet OSHA’s Lockout/Tagout standard employee is in a hazardous area. How requirements? For example, does your Control Circuit Type Devices do control circuit type devices similarly firm purchase and use physical devices 1. In what work processes should account for employees working in areas that you feel do not enhance worker OSHA consider allowing the use of where they are exposed to hazardous protections but nonetheless are required control circuit type devices for machine energy? by the OSHA standard? What are these hazardous energy control? 12. How do control circuit type items and how much do they cost? 2. What are the limitations to using devices permit an employee to maintain Please explain why you feel these items control circuit type devices? Do they control over his/her own safety? do not enhance worker protections. have specific weaknesses or failure 13. How do control circuit type 18. The American National Standards points that make them unsuitable for devices permit employees to verify that Institute (ANSI), the International hazardous energy control? energy has been controlled before Organization for Standardization (ISO), 3. If OSHA were to allow the use of beginning work in danger zones? How and the International Electrotechnical control circuit type devices or other do the devices account for exposed Commission (IEC) all have standards methods to control hazardous energy, employees before equipment is that may be applicable to control circuit would your firm choose to use them? restarted? type devices.12 Should OSHA consider Why or why not? Do you anticipate that 14. Control circuit type devices have these devices would save your firm a number of claimed benefits compared 12 These include, but are not limited to, ANSI money? For example, would these to energy isolating devices, including B11.19–2010 American National Standard for Machines—Performance Criteria for Safeguarding, devices simplify operations or workers’ greater willingness to use such ISO 12100, ISO 14118, ISO 14121, IEC 62040, IEC maintenance? Are there fewer steps devices, better efficiency, less 62061, and IEC 61508.

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adopting portions of any ANSI, ISO, or use of these services if OSHA revised displaying signs that a robot could IEC standard that specifies requirements the Lockout/Tagout requirements to malfunction and lead to a release of for control circuit devices as part of an align with the consensus standards? hazardous energy while in the presence updated OSHA standard? Are there Based on data from the Bureau of Labor of employees? Should OSHA consider recommendations in the consensus Statistics, OSHA estimates that an making revisions to the Lockout/Tagout standards that you choose not to follow? occupational health and safety specialist standard with respect to the safe If so, please explain why. Are there any makes $33.14 an hour or $68,930 functioning of robotics software? If so, requirements in these standards that annually plus benefits.15 If you have what revisions should OSHA consider? would impose significant cost burdens used the services of such specialists, To the extent that there are such if OSHA were to include those how does this compare with your revisions, how much would they requirements in a revised Logout/Tagout experience? increase the costs of or development standard? Are there provisions of one 23. How much training do you hours for the software? consensus standard when compared to currently provide on Lockout/Tagout 28. Are you currently using some the others that you perceive as having requirements? How long does training form of lockout/tagout to control lower costs to implement and use on a on this subject take and how often do hazardous energy in robots? What steps day-to-day basis while providing employees receive training on the do you take? How long do those steps protection to workers that is equal to or subject? If OSHA were to revise the take? Do you use any specially greater than that provided by the other Lockout/Tagout standard to permit use purchased equipment or materials for standards? If so, please explain. of control circuit type devices in some this process? How frequently do you 19. ISO categorizes ‘‘the ability of circumstances, would newly hired take steps to control hazardous energy safety-related parts of control systems to workers require more training or less releases in your industrial robots? How perform a safety function under than under the current standard? What does the process compare to the steps foreseeable conditions’’ into one of five format do you use to provide training on undertaken to comply with OSHA’s levels, called performance levels.13 the Lockout/Tagout standard at your Lockout/Tagout standard? How many These performance levels ‘‘are defined facility (i.e., small group classroom labor hours do these additional steps in terms of probability of dangerous session, self-guided computer modules, require? Do these steps require any failures per hour.’’ Should OSHA etc.)? If you have used third-party additional equipment? If so, what does consider requiring a specific training vendors to provide similar this equipment cost? performance level in determining training, what are the costs? If training 29. Should OSHA consider adopting whether a control circuit type device is provided in-house, what sort of portions of the ANSI/RIA R15.06–2012 could be a safe alternative to an EID? employee provides the training (i.e., a standard on Industrial Robots and Robot 20. Can System Isolation Equipment, first-line supervisor, a safety and health Systems, which outlines the safety as discussed in the UL consensus specialist, etc.)? requirements for risk assessments of robotic system installations? Are there standard UL6420 Standard for Robotics Equipment Used for System Isolation any requirements in the ANSI/RIA and Rated as a Single Unit,14 provide 24. Should OSHA consider making standard that would be prohibitively protection equal to that obtained revisions to the Lockout/Tagout expensive for your company to through lockout/tagout? standard that address advances to implement? Are there any requirements 21. The ANSI/ASSE Z244.1 consensus robotics technology with respect to that do not provide sufficient standard encourages the use of risk hazardous energy control? If so, what protections for workers? 30. Is there another standard, besides assessment and hazard control revisions should OSHA consider? 25. What are the aspects of design and ANSI/RIA R15.06–2012 Industrial hierarchy as alternative methods of build, the features, or the specifications Robots and Robot Systems—Safety hazardous energy control. Should of modern robots that are relevant to an Requirements, that OSHA should OSHA consider incorporating these evaluation of whether a robot has the consider in developing requirements for methods in any new standard with potential to release hazardous energy the control of hazardous energy respect to the use of control circuit type while in the presence of employees? involving robotics? devices? How do you use robotics? Are robotics 22. Do you currently utilize the Specific Questions Regarding Economic isolated from nearby employees? Near services of a specialized safety engineer Impacts employees? Directly employed or worn or employment safety administrator to by employees? 31. Please describe in detail how a test for competency and/or ensure that 26. Are you aware of any instances standard for the control of hazardous the hazardous energy control system is where workers have been injured or energy that incorporates the use of operational? If so, how many hours does killed by the release of hazardous control circuit type devices or new this individual spend on these tasks? Do energy when working with robotic robotic technology could create more you anticipate you would need to make technologies? Please provide examples jobs; eliminate outdated, unnecessary, or ineffective requirements; or produce 13 if you have them. See ISO 13849–1:2015 Safety of Machinery— other economic benefits. Please provide Safety-Related Parts of Control Systems—Part 1: 27. Robots operate using software. General Principles of Design. What processes or tools exist to ensure information supporting your view, 14 UL6420 ‘‘applies to isolating equipment that this software is safely operating including data, studies and articles. incorporating electromechanical contactors (including protection from malware, 32. The Regulatory Flexibility Act (5 remotely controlled and monitored to provide tampering, and other threats) or U.S.C. 601, as amended) requires OSHA remote isolation status indication with a defined integrity level. This equipment is intended for use to assess the impact of proposed and as an additional isolating means on the load side 15 Bureau of Labor Statistics, Occupational final rules on small entities. OSHA of the required supply-disconnecting device and Employment Statistics, May 2016 National requests comments, information, and over current protection. This standard applies to Occupational Employment and Wage Estimate for data on how many and what kinds of isolating equipment that is to be used in circuits of SOC 29–9010 Occupational Health and Safety which the rated voltage does not exceed 1000 Vac Specialists and Technicians, small businesses, or other small entities, or 1500 Vdc.’’ See https://standardscatalog.ul.com/ https://www.bls.gov/oes/current/oes_nat.htm. in general industry employment could standards/en/standard_6420. Accessed March 14, 2018. be affected if OSHA decides to revise

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provisions in 29 CFR 1910.147. Describe registration of multiple musical works limited categories of works, provided any such effects. Where possible, please and/or sound recordings distributed that certain conditions have been met.2 provide detailed descriptions of the size together, regardless of whether such As the legislative history explains, and scope of operation for affected small distribution occurs via physical or allowing ‘‘a number of related works to entities and the likely technical, digital media. be registered together as a group economic, and safety impacts for those represent[ed] a needed and important entities. DATES: Comments on the proposed rule liberalization of the law.’’ 3 Congress 33. In addition, are there any reasons must be made in writing and received recognized that requiring applicants to that the benefits of reducing exposure to by the U.S. Copyright Office no later submit separate applications for certain hazardous energy might be different in than 11:59 p.m. EDT on July 19, 2019. types of works may be so burdensome small firms than in larger firms? Are ADDRESSES: For reasons of government there any reasons why the costs for and expensive that authors and efficiency, the Copyright Office is using copyright owners may forgo registration controlling hazardous energy would be the regulations.gov system for the higher for small employers than they altogether, since copyright registration submission and posting of public is not a prerequisite to copyright would be for larger employers? Are comments in this proceeding. All there provisions that would be protection, although registration must comments are therefore to be submitted be made before instituting a civil especially costly to small employers? electronically through regulations.gov. Please describe any specific concerns infringement action.4 For musical Specific instructions for submitting related to potential impacts on small works, not appearing in the Office’s comments are available on the entities that you believe warrant special records can have additional Copyright Office website at http:// attention from OSHA. Please describe repercussions, as ‘‘the copyright owner alternatives that might serve to copyright.gov/rulemaking/gram. If must be identified in the registration or minimize those impacts while meeting electronic submission of comments is other public records of the Copyright the requirements of the Occupational not feasible due to lack of access to a Office’’ to be entitled to certain statutory Safety and Health Act of 1970, 29 U.S.C. computer and/or the internet, please royalties for the reproduction and 651 et seq. contact the Office using the contact distribution of non-digital phonorecords information below for special under the section 115 license.5 Further, IV. Authority and Signature instructions. if copyright owners do not submit their Loren Sweatt, Acting Assistant FOR FURTHER INFORMATION CONTACT: works for registration, the public record Secretary of Labor for Occupational will lack information concerning those Safety and Health, authorized the Regan A. Smith, General Counsel and Associate Register of Copyrights, by works, diminishing the value of the preparation of this notice pursuant to 29 Office’s records. U.S.C. 653, 655, and 657, Secretary’s email at [email protected], Robert Order 1–2012 (77 FR 3912, Jan. 25, Kasunic, Associate Register of When multiple works are included in 2012), and 29 CFR part 1911. Copyrights and Director of Registration one submission, however, it can be Policy and Practice, by email at rkas@ more difficult to adequately capture Signed at Washington, DC, on May 7, 2019. copyright.gov, Erik Bertin, Deputy information about each work, Loren Sweatt, Director, Registration Policy & Practice, particularly within the technological Acting Assistant Secretary of Labor for by email at [email protected], or constraints of the current electronic Occupational Safety and Health. John R. Riley, Attorney-Advisor, by registration system. The Office must [FR Doc. 2019–10247 Filed 5–17–19; 8:45 am] email at [email protected]. All can be also consider the potential effect any BILLING CODE 4510–26–P reached by telephone at 202–707–8040. group registration option may have on its overall administration of the SUPPLEMENTARY INFORMATION: copyright registration system, to avoid LIBRARY OF CONGRESS I. Background an adverse effect on the timeframe for examining other types of works.6 U.S. Copyright Office The U.S. Copyright Office (‘‘Office’’) Therefore, group registration options is proposing to create a new group require careful balancing of the 37 CFR Parts 201 and 202 registration option for musical works, copyright owners’ desire for more [Docket No. 2019–4] sound recordings, and associated liberal registration options, the need for literary, pictorial, and graphic works an accurate public record, and the need Group Registration of Works on an contained on an album. When Congress for an efficient method of facilitating the Album of Music enacted the Copyright Act, it authorized examination of each work. the Register of Copyrights to specify by AGENCY: U.S. Copyright Office, Library of Congress. regulation the administrative classes of 2 See generally 37 CFR 202.3(b)(5), 202.4; see also works for the purpose of seeking a 83 FR 65612 (Dec. 21, 2018) (proposed group ACTION: Notice of proposed rulemaking. registration and the nature of the registration of short online literary works). 3 H.R. Rep. No. 94–1476, at 154 (1976), reprinted SUMMARY: The U.S. Copyright Office is deposit required for each such class. In in 1976 U.S.C.C.A.N. 5659, 5770; S. Rep. No. 94– proposing to create a new group addition, Congress gave the Register the 473, at 136 (1975). registration option for musical works, discretion to allow registration of groups 4 See 17 U.S.C. 411(a); Fourth Estate Pub. Benefit of related works with one application Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 886 sound recordings, and certain other (2019). works contained on an album. The and one filing fee, a procedure known 5 1 17 U.S.C. 115(c)(1)(A). proposed rule will expand the as ‘‘group registration.’’ Pursuant to 6 See 84 FR 3693, 3694 (Feb. 13, 2019) registration options currently available this authority, the Register issued (establishing limit on number of works in the group to register multiple musical works or regulations permitting the Office to of unpublished works in light of projected issue group registrations for certain examination costs); 83 FR 2542, 2544 (Jan. 18, 2018) sound recordings under one application. (establishing limit on number of photographs that In particular, this proposed group may be included in a group in light of the projected registration option will permit the 1 See 17 U.S.C. 408(c)(1). costs of examining claims for that group).

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