[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Rules and Regulations]
[Pages 36843-36844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12632]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

36 CFR Part 701

[Docket No. LOC 05-1]


Library of Congress; Loans of Library Materials for Blind and 
Physically Handicapped; Correction

AGENCY: Library of Congress.

ACTION: Final rule; correcting amendment

-----------------------------------------------------------------------

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 re-inserting 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.

DATES: Effective June 27, 2005.

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 20540-1050. Telephone No. 
(202) 707-6316.

SUPPLEMENTARY 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.

0
In consideration of the foregoing the Library of Congress amends 36 CFR 
part 701 as follows:

PART 701--PROCEDURES AND SERVICES

0
1. The authority citation for part 701 continues to read as follows:

    Authority: 2 U.S.C. 136; 18 U.S.C. 1017.


0
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. 05-12632 Filed 6-24-05; 8:45 am]
BILLING CODE 2420-05-P