Federal Register: June 27, 2005 (Volume 70, Number 122)
DOCID: FR Doc 05-12632
LIBRARY OF CONGRESS
Library of Congress
CFR Citation: 36 CFR Part 701
Docket ID: [Docket No. LOC 05-1]
NOTICE: RULES
ACTION: Procedures and services:
DOCUMENT ACTION: Final rule; correcting amendment
SUBJECT CATEGORY:
Library of Congress; Loans of Library Materials for Blind and Physically Handicapped; Correction
DATES: Effective June 27, 2005.
DOCUMENT SUMMARY:
In order to keep the public informed, we are resubmitting language that was previously redacted from the CFR. The National Library Service for the Blind and Physically Handicapped is able to better serve its constituents with the information provided through publication. Therefore we are reinserting language previously in Sec. 701.10, Loans of library materials for blind and other physically handicapped persons, and renumbering it 701.6. The section has been also revised to add reference to the program's Web site.
SUMMARY:
Blind and other physically handicapped persons; loans of library materials; amendment,
SUPPLEMENTAL INFORMATION
The regulation re-inserted explains the loan program for blind and physically handicapped persons and the criteria for eligibility to participate.
List of Subjects in 36 CFR Part 701
Archives and records, Libraries, Conduct, Films and the American Television and Radio Archives Act.
Final Regulations.
In consideration of the foregoing the Library of Congress amends 36 CFR part 701 as follows:
PART 701PROCEDURES AND SERVICES
1. The authority citation for part 701 continues to read as follows:
Authority: 2 U.S.C. 136; 18 U.S.C. 1017.
2. Add Sec. 701.6 to read as follows:
Sec. 701.6 Loans of library materials for blind and other physically handicapped persons.
(a) Program. In connection with the Library's program of service
under the Act of March 3, 1931 (46 Stat. 1487), as amended, its
National Library Service for the Blind and Physically Handicapped
provides books in raised characters (braille), on sound reproduction
recordings, or in any other form, under regulations established by the
Library of Congress. The National Library Service also provides and
maintains reproducers for such sound reproduction recordings for the
use of blind and other physically handicapped residents of the United
States, including the several States, Territories, Insular Possessions,
and the District of Columbia, and American citizens temporarily domiciled abroad.
(b) Eligibility criteria. (1) The following persons are eligible for such service:
(i) Blind persons whose visual acuity, as determined by competent
authority, is 20/200 or less in the better eye with correcting glasses,
or whose wide diameter if visual field subtends an angular distance no greater than 20 degrees.
(ii) Persons whose visual disability, with correction and
regardless of optical measurement, is certified by competent [[Page 36844]]
authority as preventing the reading of standard printed material.
(iii) Persons certified by competent authority as unable to read or
unable to use standard printed material as a result of physical limitations.
(iv) Persons certified by competent authority as having a reading
disability resulting from organic dysfunction and of sufficient
severity to prevent their reading printed material in a normal manner.
(2) In connection with eligibility for loan services ``competent authority'' is defined as follows:
(i) In cases of blindness, visual disability, or physical
limitations ``competent authority'' is defined to include doctors of
medicine, doctors of osteopathy, ophthalmologist, optometrists,
registered nurses, therapists, professional staff of hospitals,
institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and
superintendents). In the absence of any of these, certification may be
made by professional librarians or by any persons whose competence
under specific circumstances is acceptable to the Library of Congress.
(ii) In the case of reading disability from organic dysfunction,
competent authority is defined as doctors of medicine who may consult with colleagues in associated disciplines.
(c) Loans through regional libraries. Sound reproducers are lent to
individuals and appropriate centers through agencies, libraries, and
other organizations designated by the Librarian of Congress to service
specific geographic areas, to certify eligibility of prospective
readers, and to arrange for maintenance and repair of reproducers.
Libraries designated by the Librarian of Congress serve as local or
regional centers for the direct loan of such books, reproducers, or
other specialized material to eligible readers in specific geographic
areas. They share in the certification of prospective readers, and
utilize all available channels of communication to acquaint the public within their jurisdiction with all aspects of the program.
(d) National collections. The Librarian of Congress, through the
National Library Service for the Blind and Physically Handicapped,
defines regions and determines the need for new regional libraries in
cooperation with other libraries or agencies whose activities are
primarily concerned with the blind and physically handicapped. It
serves as the center from which books, recordings, sound reproducers,
and other specialized materials are lent to eligible blind and
physically handicapped readers who may be temporarily domiciled outside
the jurisdictions enumerated by the Act. It maintains a special
collection of books in raised characters and on sound reproduction
recordings not housed in regional libraries and makes these materials available to eligible borrowers on interlibrary loan.
(e) Institutions. The reading materials and sound reproducers for
the use of blind and physically handicapped persons may be loaned to
individuals who qualify, to institutions such as nursing homes and
hospitals, and to schools for the blind and physically handicapped for
the use of such persons only. The reading materials and sound
reproducers may also be used in public or private schools where
handicapped students are enrolled; however, the students in public or
private schools must be certified as eligible on an individual basis
and must be the direct and only recipients of the materials and equipment.
(f) Musical scores. The National Library Service also maintains a
library of musical scores, instructional texts, and other specialized
materials for the use of the blind and other physically handicapped
residents of the United States and its possessions in furthering their
educational, vocational, and cultural opportunities in the field of
music. Such scores, texts, and materials are made available on a loan
basis under regulations developed by the Librarian of Congress in
consultation with persons, organizations, and agencies engaged in work
for the blind and for other physically handicapped persons.
(g) Veterans. In the lending of such books, recordings,
reproducers, musical scores, instructional texts, and other specialized
materials, preference shall be at all times given to the needs of the
blind and other physically handicapped persons who have been honorably discharged from the Armed Forces of the United States.
(h) Inquiries for information relative to the prescribed procedures
and regulations governing such loans and requests for loans should be
addressed to Director, National Library Service for the Blind and
Physically Handicapped, Library of Congress, Washington, DC 20542 or
visit our Web site at http://www.loc.gov/nls.
Dated: May 6, 2005.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 0512632 Filed 62405; 8:45 am]
BILLING CODE 242005P
FOR FURTHER INFORMATION CONTACT
Frank Kurt Cylke, Director, National Library Service for the Blind and Physically Handicapped, (202) 707 5104. Elizabeth A. Pugh, General Counsel, Office of the General Counsel, Library of Congress, Washington, DC 205401050. Telephone No. (202) 7076316.