[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Rules and Regulations]
[Pages 34852-34854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16323]
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LIBRARY OF CONGRESS
36 CFR Part 701
[Docket No. LOC 95-1]
Reading Rooms and Service to the Collections
AGENCY: Library of Congress.
ACTION: Final rules.
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SUMMARY: The Library of Congress issues these final rules to amend its
regulations on access to the Library's collections by members of the
public and policies and procedures for service to the collections. This
amendment reflects the new capabilities of the Library's reader
registration system, specifically requiring all members of the public
wishing to use the Library's collections to obtain a Library-issued
User Card. The User card will contain the name, current address, and a
digitized photograph of the user. This amendment also describes new
policies and procedures for providing and maintaining security for
Library materials from accidental or deliberate damage or loss caused
by users of these collections and the penalties for misuse. These
measures include establishing conditions and procedures for the use of
material that requires special handling, instructing and monitoring
readers, assuring that the conditions and housing of all materials are
adequate to minimize risk, and establishing control points at entrances
to reading rooms. These new procedures will enhance the security of the
Library's collections. The Library will begin issuing user cards on or
about September 1, 1995, and will begin requiring them before providing
reading room service 90 days later.
EFFECTIVE DATE: July 5, 1995.
FOR FURTHER INFORMATION CONTACT: Johnnie M. Barksdale, Regulations
Officer, Office of the General Counsel, Library of Congress,
Washington, DC 20540-1050. Telephone No. (202) 707-1593.
SUPPLEMENTARY INFORMATION: Under the authority of 2 U.S.C. 136, the
Librarian of Congress is authorized to make rules and regulations for
the government of the Library and for the protection of its property.
In March of 1992, James H. Billington, the Librarian of Congress,
announced that new security measures had to be taken to protect the
Library's collections due to an increase in thefts and mutilation of
materials. ``The Library of Congress has long prided itself on being
open to all readers,'' Dr. Billington said. ``However, as the nation's
Library and the world's largest repository of mankind's intellectual
accomplishments, we have an obligation to protect our collections for
future generations of Americans. Many of our books, maps, prints, and
manuscripts are irreplaceable. We cannot risk their loss or
desecration. We are responsible for the nation's patrimony.'' Dr.
Billington's announcement followed lengthy planning by the Library to
tighten security. It also followed the third arrest for theft from the
Library since April 1991. 36 CFR 701.5 is amended to announce the
Library's new capability to capture and store the name, address, and a
digitized photograph of registered users of its collections in an
automated file for collections security purposes. The existing text in
36 CFR 701.5 will become paragraph (b) and a new paragraph (a) is
added. 36 CFR 701.6 is amended to set forth the general policy of the
Library on the use of materials in its custody. 18 U.S.C. 641, 1361,
and 2071; and 22 D.C. Code 3106 set forth criminal provisions for
mutilation or theft of Government property. The existing text in 36 CFR
701.6, Chapter VII will become paragraph (a) and new paragraphs (b),
(c), and (d) are added. The last sentence in paragraph (a) will be
removed.
Comments
The Library of Congress received one comment on the proposed
regulation; that comment submitted in the form of a post card by
Matthew J. McGuire, Cheshire, Connecticut. Mr. McGuire stated that he
strongly protests the proposed rule on the use of Library-
[[Page 34853]]
issued User Cards and urged that the Library not implement this policy.
Although Mr. McGuire's comments were considered, no changes were
made to the original text of the proposed rules.
List of Subjects in 36 CFR Part 701
Libraries, Seals and insignias.
Final Regulations
In consideration of the foregoing the Library of Congress amends 36
CFR part 701 as follows:
PART 701--PROCEDURES AND SERVICES
1. The authority citation for part 701 will continue to read as
follows:
Authority: 2 U.S.C. 136.
2. Section 701.5 is amended by redesignating the existing text as
paragraph (b) and adding a new paragraph (a) to read as follows:
Sec. 701.5 The Library's reading rooms and public use thereof.
(a) All members of the public wishing to use materials from the
Library's collections first must obtain a User Card. The Library will
issue User Cards, in accordance with established access regulations, to
those persons who present a valid photo identification card containing
their name and current address. The Library-issued User Card will
include the name, digitized photograph, and signature of the user. It
must be presented when requesting materials housed in the book stacks
or other non-public areas or upon request of a Library staff member. In
accordance with Library regulations which prescribe the conditions of
reader registration and use of Library materials, presentation of a
User Card may be required for entry into certain reading rooms. The
Library will maintain the information found on the User Cards,
including the digitized photograph and other pertinent information, in
an automated file for collections security purposes. Access to the
automated file shall be limited to only those Library staff whose
official duties require access. The automated file shall be physically
separated and accessible only from inside the Library.
* * * * *
3. Section 701.6 is amended by redesignating the existing text as
paragraph (a), except for the last sentence which will be removed, and
adding new paragraphs (b), (c), and (d) to read as follows:
Sec. 701.6 Service to the collections.
* * * * *
(b) Definitions.
(1) Security means administration of continuing, effective controls
in areas where materials are housed for the purpose of preprocessing or
processing, storage, access, or use. These controls are designed to
safeguard against theft, loss, misplacement, or damage from improper
use or vandalism and may vary as appropriate to the quality, monetary
value, replaceability, fragility, or other special or unusual
conditions relating to the materials concerned.
(2) Library material means:
(i) Items in all formats (including, but not limited to, books and
pamphlets; documents; manuscripts; maps; microfiche, microfilms, and
other microforms; motion pictures, photographs, posters, prints,
drawings, videotapes, and other visual materials; newspapers and
periodicals; recorded discs, tapes, or audio/video/digital materials in
other formats) either in the collections of the Library of Congress or
acquired for and in process for the Library's collections;
(ii) Objects such as musical instruments, printing blocks, copper
engraving plates, paintings, and scrolls, and
(iii) Control files, which are manual or automated files essential
to the physical or intellectual access to Library materials, such as
catalogs, computer tapes, finding aids, and shelflists. These include
items that are acquired as an integral part of Library materials and
are accessioned into the collections with them permanent inventory
records, public catalogs, and other finding aids.
(3) Security-controlled environment means, but is not limited to:
general and special reading rooms and research facilities where
materials are issued under controlled circumstances for use of readers;
the bookstacks and other storage facilities where materials are housed
when not in use; and work areas where materials are held temporarily
for processing.
(c) General policy for use of Library materials. Materials
retrieved for readers' use shall be used only in assigned reading rooms
or research facilities. Use elsewhere in Library buildings requires
specific authorization from designated staff members of the custodial
unit. Use of materials assigned to reference collections shall be in
accordance with established regulations. To minimize the risk of theft,
loss, or damage when the materials are removed from designated storage
areas, the conditions of availability and use will vary as appropriate
to the quality of materials, their monetary value, replaceability,
format, physical condition, and the purpose for which they are to be
circulated--reader use within the Library, exhibits, preservation,
photoduplication, or loan outside the Library. Unless otherwise
specified by Library regulations, and/or legal or contractual
obligations, the conditions and procedures for use of materials,
including duplication, either inside or outside of the Library
buildings, shall be determined by or in consultation with the unit head
responsible for the custody of the material used.
(1) Any material removed from the security-controlled environment
of a reading room or storage area, and meeting the established criteria
must be charged as an internal or external loan through the Loan
Division, in accordance with established loan regulations. The security
of in-process material, and special collections material not meeting
the criteria of these regulations, is the responsibility of the
division chief or equivalent Library officer with physical control of
the material. That division shall determine whether or not a Loan
Division internal charge must be created when an item is removed for
use. If a Loan Division record is not created, the division shall
create and maintain a local record until the item is returned.
(2) When the period of use is completed, all materials shall be
returned immediately to the custodial unit to be placed in designated
shelf or other locations in assigned storage areas. Charge records for
the returned materials shall be removed from the charge files.
(d) Penalties. Readers who violate established conditions and/or
procedures for using material are subject to penalties to be determined
by or in consultation with the unit head responsible for the custody of
the material used.
(1) When a reader violates a condition and/or procedure for using
material, the division chief or head of the unit where the infraction
occurred may, upon written notification, deny further access to the
material, or to the unit in which it is housed, to be determined by the
nature of the infraction and the material involved.
(2) Within five workdays of receipt of such notification, the
reader may make a written request, including the reasons for such
request to the Associate Librarian for that service unit, or his/her
designee, for a reconsideration of said notification.
(3) The Associate Librarian for that service unit, or his/her
designee, shall respond within five workdays of receipt of such request
for reconsideration and
[[Page 34854]]
may rescind, modify, or reaffirm said notification, as appropriate.
(4) Repeated violations of established conditions and/or procedures
for using material may result in denial of further access to the
premises and further use of the Library's facilities or revocation of
the reader's User Card, in accordance with established access
regulations.
(5) Mutilation or theft of Library property also may result in
criminal prosecution, as set forth in 18 U.S.C. 641, 1361, and 2071;
and 22 D.C. Code 3106.
(6) In certain emergency situations requiring prompt action, the
division chief or head of the unit where the infraction occurred
immediately may deny further access to the material or unit prior to
making written notification action. In such cases, the reader shall be
notified, in writing, within three days of the action taken and the
reasons therefor. The reader then may request reconsideration.
(7) A copy of any written notification delivered pursuant to this
part shall be forwarded to the Captain, Library Police, the service
unit, and the Director, Integrated Support Services, for retention.
Dated: June 23, 1995.
James H. Billington,
The Librarian of Congress.
[FR Doc. 95-16323 Filed 7-3-95; 8:45 am]
BILLING CODE 1410-04-P