[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9289-9290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02837]


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LIBRARY OF CONGRESS

36 CFR Part 701

[Docket No. 2021-2]


Loans of Library Materials for Blind and Other Print-Disabled 
Persons

AGENCY: Library of Congress.

ACTION: Final rule.

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SUMMARY: The Library of Congress is adopting amendments to its 
regulations regarding loans of library materials for blind and other 
print-disabled persons, as authorized by Title XIV of the Library of 
Congress Technical Corrections Act of 2019, to amend terminology, the 
description of services, and certification requirements, and to 
memorialize existing practices in the Library of Congress's National 
Library Service for the Blind and Print Disabled (NLS).

DATES: Effective February 12, 2021.

FOR FURTHER INFORMATION CONTACT: Emily Vartanian, Senior Counsel, 
Library of Congress Office of the General Counsel, 202-707-7205, 
[email protected].

SUPPLEMENTARY INFORMATION: The Librarian of Congress is authorized to 
make regulations with respect to the Library of Congress (2 U.S.C. 
136). Since neither the Federal Register Act nor the Administrative 
Procedure Act has binding effect on the legislative branch, the Library 
of Congress is not required to publish its regulations in the CFR. 
However, because the purpose of the CFR is to ``notify industry, 
general business, and the people'' (Toledo, P & W.R.R. v. Stover, 60 F. 
Supp. 587 (S.D. Ill. 1945)), it is appropriate for the Library to 
continue publishing those regulations which affect the rights and 
responsibilities of, and restrictions on, the public.
    The Library of Congress is amending this regulation for the 
following reasons:
     To amend the regulation consistent with Title XIV of the 
Library of Congress Technical Corrections Act of 2019.
     To amend the terminology to refer to ``blind and print-
disabled'' persons rather than ``blind and other physically 
handicapped'' persons.
     To amend the terminology to refer to ``eligible persons'' 
consistent with the Marrakesh Treaty Implementation Act amending 17 
U.S.C. 121.
     To amend the description of services to include internet-
enabled/electronic services.
     To memorialize the existing practice under which persons 
seeking approval to use NLS's services must certify eligibility using a 
form provided by NLS or by network libraries.
     To include certified psychologists, educators, certified 
reading specialists, and school psychologists in the list of persons 
who may certify eligibility for the program.
     To remove the requirement for certification by a medical 
doctor for those with reading disabilities, who may now be certified 
for participation in the program by the same persons who are authorized 
to certify other print-disabled individuals for participation in the 
program.

List of Subjects in 36 CFR Part 701

    Libraries, Seals and insignia.

Final Regulation

    For the reasons set forth in the preamble, 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. Revise Sec.  701.6 to read as follows:


Sec.  701.6   Loans of library materials for blind and other print-
disabled persons.

    (a) Program. Under the Act of March 3, 1931 (46 Stat. 1487), as 
amended (2 U.S.C. 135a), the Library of Congress's National Library 
Service for the Blind and Print Disabled (NLS) provides accessible 
reading material for the use of blind and other print-disabled 
residents of the United States, including the several States, Insular 
Possessions, and the District of Columbia, and United States citizens 
domiciled abroad. NLS loans literary works and specialized music 
materials in raised characters (braille), on sound reproduction 
recordings, or in any other accessible format. NLS also loans devices 
necessary to reproduce accessible formats, including sound reproducers 
and refreshable braille displays, and makes audio and braille reading 
material available for electronic download.
    (b) Eligibility. (1) Individuals who meet the definition of 
``eligible person'' in 17 U.S.C. 121 are eligible for NLS's loan 
services. An ``eligible person'' thus means an individual who, 
regardless of any other disability--
    (i) Is blind;
    (ii) Has a visual impairment or perceptual or reading disability 
that cannot be improved to give visual function substantially 
equivalent to that of a person who has no such impairment or disability 
and so is unable to read printed works to substantially the same degree 
as a person without an impairment or disability; or

[[Page 9290]]

    (iii) Is otherwise unable, through physical disability, to hold or 
manipulate a book or to focus or move the eyes to the extent that would 
be normally acceptable for reading.
    (2) Eligibility must be certified by one of the following: doctor 
of medicine, doctor of osteopathy, ophthalmologist, optometrist, 
psychologist, registered nurse, therapist, and professional staff of 
hospitals, institutions, and public or welfare agencies (such as an 
educator, a social worker, case worker, counselor, rehabilitation 
teacher, certified reading specialist, school psychologist, 
superintendent, or librarian).
    (c) Application. Individuals seeking to receive service from NLS 
shall submit a fully and properly completed application form, available 
on NLS's website and from network libraries. Eligible persons whose 
applications for NLS service are approved are referred to in this 
section as ``NLS patrons.''
    (d) Lending preference. In the lending of items under paragraph (a) 
of this section, the Librarian shall at all times give preference to:
    (1) The needs of the blind and visually disabled; and
    (2) The needs of eligible persons who have been honorably 
discharged from the Armed Forces of the United States.
    (e) Loans to institutions. NLS's accessible reading materials and 
devices may be loaned to institutions such as nursing homes and 
hospitals; to schools for the blind and print-disabled; and to public 
or private schools. However, these materials and devices may only be 
used by eligible persons.
    (f) Loans through network libraries. Libraries designated by the 
Librarian of Congress serve as state, local or regional centers for the 
direct loan of accessible reading materials and the loan and repair of 
devices to NLS patrons in specific geographic areas. These network 
libraries also publicize the program to NLS patrons and prospective 
patrons and process applications for service.
    (g) Loans of musical materials. NLS maintains a special collection 
of accessible musical scores, instructional texts, and other 
specialized materials for patrons in furthering their educational, 
vocational, and cultural opportunities in the field of music. These 
materials are not housed in network libraries but are loaned directly 
by NLS to patrons.
    (h) International service. The Librarian of Congress is authorized 
by Public Law 116-94, Title XIV, the Library of Congress Technical 
Corrections Act of 2019, to provide literary works published in raised 
characters, on sound-reproduction recordings, or in any other 
accessible format, and musical scores, instructional texts, and other 
specialized materials used in furthering educational, vocational, and 
cultural opportunities in the field of music published in any 
accessible format, to authorized entities located in a country that is 
a party to the Marrakesh Treaty, if any such items are delivered to 
authorized entities through online, not physical, means. This 
authorization is codified at 2 U.S.C. 135a. In implementing this 
authority, the Librarian shall comply with section 121A of title 17, 
United States Code, and shall contractually require that the recipient 
authorized entity likewise administer all materials received from NLS 
in compliance with section 121A of title 17.
    (i) Contact information. For more information, contact the 
Director, National Library Service for the Blind and Print Disabled, 
Library of Congress, Washington, DC 20542, or visit the NLS website at 
http://www.loc.gov/nls.

    Dated: February 8, 2021.
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021-02837 Filed 2-11-21; 8:45 am]
BILLING CODE 1410-30-P