26392 Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Proposed Rules

purposes of the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501 et seq.).

List of Subjects Affected in 29 CFR Part

452

Labor unions.

Text of Proposed Rule

In consideration of the foregoing, the

Department of Labor proposes that part

452 of title 29, Code of Federal

Regulations, be amended as follows:

PART 452—GENERAL STATEMENT

CONCERNING THE ELECTION

PROVISIONS OF THE LABORMANAGEMENT REPORTING AND

DISCLOSURE ACT OF 1959

The authority citation for Part 452

continues to read as follows:

Authority: Secs. 401, 402, 73 Stat. 532, 534

(29 U.S.C. 481, 482); Secretary’s Order No. 2–

93 (58 FR 42578).

2. Footnote 25 cited at the end of

section 452.38(a) is revised to read as

follows:

§ 452.38 Meeting attendance requirements.

* * * * * 25 If a meeting attendance requirement

disqualifies a large portion of members from

candidacy, that large antidemocratic effect

alone may be sufficient to render the

requirement unreasonable. In Doyle v. Brock,

821 F.2d 778 (D.C. Circuit 1987), the court

held that the impact of a meeting attendance

requirement which disqualified 97% of the

union’s membership from candidacy was by

itself sufficient to make the requirement

unreasonable notwithstanding any of the

other factors set forth in 29 CFR 452.38(a).

Signed in Washington, DC this 11th day of

May 1995.

Charles L. Smith,

Special Assistant to the Deputy Secretary.

[FR Doc. 95–12137 Filed 5–16–95; 8:45 am]

BILLING CODE 4510–86–M

LIBRARY OF CONGRESS

36 CFR Part 701

[Docket No. LOC 95–1]

Reading Rooms and Service to the

Collections

AGENCY: Library of Congress.

ACTION: Proposed rules.

SUMMARY: The Library of Congress is

proposing 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.

DATES: Comments should be received on

or before June 16, 1995.

ADDRESSES: Ten copies of written

comments should be addressed, if sent

by mail to: Library of Congress, Mail

Code 1050, Washington, DC 20540. If

delivered by hand, copies should be

brought to: Office of the General

Counsel, James Madison Memorial

Building, Room LM–601, First and

Independence Avenue, SE.,

Washington, DC 20540–1050, (202) 707–

6316.

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. 64l, 136l, 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)

should be removed.

List of Subjects in 36 CFR Part 701

Libraries, Seals and insignias.

Proposed Regulations.

In consideration of the foregoing the

Library of Congress proposes to amend

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:

§ 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
Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Proposed Rules 26393

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 should be removed, and

adding new paragraphs (b), (c), and (d)

to read as follows:

§ 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

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: May 11, 1995.

James H. Billington,

The Librarian of Congress.

[FR Doc. 95–12129 Filed 5–16–95; 8:45 am]

BILLING CODE 1410–04–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7136]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood