[Federal Register Volume 67, Number 2 (Thursday, January 3, 2002)]
[Proposed Rules]
[Pages 275-278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-78]
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POSTAL SERVICE
39 CFR Part 111
Eligibility Standards for Free Matter for the Blind and Other
Physically Handicapped Persons
AGENCY: Postal Service.
ACTION: Proposed rule.
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SUMMARY: The Postal Service proposes to amend the Domestic Mail Manual
(DMM) to clarify and simplify the eligibility standards for free matter
for the blind and other physically handicapped persons in conformance,
to the extent practicable, with similar standards adopted by the
Library of Congress for its National Library Service for the Blind and
Physically Handicapped. This proposed rule also would require free
matter mailers that
[[Page 276]]
submit mailings of at least 200 pieces to register with the post
office(s) of mailing and submit statements of mailing that document
information relating to each such mailing.
DATES: Comments on the proposed standards must be received on or before
February 4, 2002.
ADDRESSES: Written comments should be delivered to the Manager, Mail
Preparation and Standards, United States Postal Service, 1735 N. Lynn
St., Room 3025, Arlington, VA 22209-6038. Comments transmitted via
facsimile or by e-mail cannot be accepted. Copies of all written
comments will be available for inspection and photocopying at USPS
Headquarters Library, 475 L'Enfant Plaza SW., 11th Floor N, Washington,
DC 20260-1450 between 9 a.m. and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Joel Walker, 703-292-3652.
SUPPLEMENTARY INFORMATION: Congress established the free matter
privilege in 1904 to provide reading materials for the blind when sent
by public institutions and public libraries as a loan and when returned
by the blind readers to those institutions (Ch. 1612, 33 Stat. 313,
Pub. L. No. 171). In 1931, the national books-for-the-blind program was
established under the auspices of the Library of Congress to provide
books for use by adult residents of the United States, ``including the
several States, Territories, insular possessions, and the District of
Columbia'' (Ch. 400, 46 Stat. 1487, Pub. L. No. 787). The Library of
Congress issued standards for making arrangements for circulation of
books (using the free matter privilege) to and from blind users through
libraries designated as local or regional centers.
In 1966, Congress expanded the books-for-the-blind program to
include other physically handicapped persons (Pub. L. 89-522, 2 U.S.C.
secs. 135a and 135b). Congress expanded the program to meet the reading
needs of physically handicapped persons who cannot read or use
conventional printed books because of impaired eyesight or other
factors that make them physically unable to manipulate these materials.
Certification by competent authority of individuals for eligibility to
participate in the program was (and remains today) pursuant to
regulations prescribed by the Library of Congress. From this time on,
the program became known as the National Library Service for the Blind
and Physically Handicapped (see 36 CFR 701.10).
Consistent with the intent of Congress embodied in the Act that
created the Library of Congress National Library Service for the Blind
and Physically Handicapped, the Postal Reorganization Act (39 U.S.C.
3403(a)(1)) expanded the free matter privilege to include mail for the
use of the blind or other persons who cannot use or read conventionally
printed material because of a physical impairment. The persons also
must be certified by competent authority in accordance with the
regulations established by the Library of Congress. Under the current
law, Congress reimburses the Postal Service for free matter mailings
(39 U.S.C. 2401(c)). Accordingly, the Postal Service is clarifying its
eligibility standards for the free matter privilege to incorporate, as
closely as practicable, the standards devised by the Library of
Congress for establishing eligibility and certification for
participation in the National Library Service for the Blind and
Physically Handicapped (see 36 CFR 701.10). In addition, the Postal
Service is proposing a process to identify the quantity of mailings
being made and to verify that those using the free matter privilege are
using it for mailings that qualify for the privilege.
On September 1, 2000, the Postal Service published a proposed rule
amending the standards for free matter for the blind and other
physically handicapped persons (65 FR 53212). In view of changes from
the original proposal and because we believe that the public interest
will be served by the fullest practicable exposition of views on these
issues, the Postal Service is publishing this revised proposal for
comment. There are two major changes from the first proposed rule.
First, based on comments received from the original proposal, this new
proposal eliminates the requirement that organizations maintain
individual records of eligible recipients and makes the maintenance of
such records optional. Second, this new proposal requires mailers of
free matter that enter mailings of 200 or more pieces to register with
the post office(s) of mailing and to submit statements of mailing.
Mailers are required to register once at each facility where they
deposit bulk mailings. Mailers must submit statements of mailing with
each free matter mailing of 200 pieces or more. The Postal Service will
provide a form that will require minimal mailing information for this
purpose. In addition, this proposal includes a provision that the
Postal Service may audit an organization's use of the free matter
privilege. This standard is new to the Domestic Mail Manual, but
codifies existing authority and practice.
The Postal Service received six comments on the original proposed
rule. All of them supported the overall goal to clarify standards for
eligibility and certification for recipients of free matter. Two
commenters supported the rulemaking without reservation or revision. Of
the remaining four, each commenter had reservations and recommendations
for revisions to proposed DMM E040.1.5, Certification by Organizations.
Two organizations objected to the record-keeping requirement described
in E040.1.5, asserting that this requirement places an undue burden on
the resources of organizations that mail free matter. This objection
has been addressed in this new proposed rule by making the standard for
maintaining records optional and not requiring organizations to
maintain individual records of eligible recipients. Under these
standards, any organization that mails under the free matter privilege,
whether maintaining individual records or not, is subject to postal
reviews of the eligibility of the addressees. This may include a review
of the individuals on the organization's mailing list to ensure they
meet the eligibility standards for receipt of free matter. The
procedures used in these reviews may depend on the records maintained
by the organization. Record keeping by organizations making use of the
free matter privilege will facilitate any audits that take place. For
example, if the organization chooses to maintain records substantiating
that each person on its mailing list is eligible to receive free
matter, the Postal Service might be able to complete an audit simply by
reviewing a sample of those records. If the organization does not
maintain such records, the Postal Service might need to contact an
outside source, such as the Library of Congress, for addressees
registered with that organization to determine whether the addressees
are eligible to receive free matter. If no other source is available to
provide that confirmation, the Postal Service might, as a last resort,
contact the individual addressees directly. However, it should be noted
that, under current policy, all recipients of free matter are required
to provide such evidence of eligibility to their postmasters; this is
not routinely required of all addressees in the new process established
under this proposal. It should be noted that, whether or not they
maintain records to confirm that addressees meet the eligibility
standards for free matter, the entry of matter at the ``free'' rates is
the mailer's certification that the matter qualifies for free matter
privileges.
[[Page 277]]
Two commenters requested amendments to DMM E040.1.5 to allow
permanent eligibility for persons who are ``intermittently'' eligible;
one commenter requested an amendment to indicate an organization may
certify eligible individuals provided the organization had a ``good
faith'' belief of the individual's eligibility; and one commenter
requested the ``competent authority'' requirement as defined in
E040.1.4 be replaced with a ``self-declaration'' requirement. These
requests cannot be accommodated. Eligibility for free matter is
established by statute and the postage for this mail is provided to the
Postal Service through appropriations. As explained above, this
privilege is related to programs provided by the Library of Congress.
Accordingly, to ensure consistency and adherence to congressional
intent in the administration of the program, the proposed standards for
free matter conform as near as practical with the standards of the
Library of Congress. Consistent with those standards, this rule
proposes that an eligible individual must meet the standards in
E040.1.3 at the time of mailing and the proposed rule continues to
establish eligibility by a competent authority as defined in E040.1.4.
Persons certified by competent authority as meeting the requirements of
eligibility resulting from a degenerative, variable disease that
renders them unable to read or use conventional printed material
because of impaired eyesight or other physical factors are eligible for
the period specified by the certifying authority.
One commenter requested an amendment to DMM E040.3.0 to provide for
letters sent by eligible individuals to include handwritten letters in
equivalent size of 14-point sightsaving type. The history of the free
matter privilege does not support that the intent was to include
handwritten letters. Section 3404 of Title 39 specifically requires
that letters sent using the privilege must be ``in raised characters,
or sightsaving type, or in the form of sound recordings * * *''
Therefore, this request is not accommodated in this proposed rule.
Lastly, one commenter objected to the use of the term
``handicapped'' in the proposed standards, suggesting the term be
replaced throughout with ``persons with disabilities.'' Although the
Postal Service is sympathetic to the request, the proposed standards
continue the use of the term ``handicapped'' to remain consistent with
the language in the statute and that used by the Library of Congress.
Although exempt from the notice and comment requirements of the
Administrative Procedure Act (5 U.S.C. 553 (b), (c)) regarding proposed
rulemaking by 39 U.S.C. 410(a), the Postal Service invites comments on
the following proposed revisions to the Domestic Mail Manual,
incorporated by reference in the Code of Federal Regulations. (see 39
CFR part 111).
For the reasons discussed above, the Postal Service hereby proposes
the following amendments to the Domestic Mail Manual, which are
incorporated by reference in the Code of Federal Regulations (see 39
CFR part 111).
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
PART 111--[AMENDED]
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414,
3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
2. Revise the Domestic Mail Manual as follows:
E Eligibility
E000 Special Eligibility Standards
* * * * *
[Amend E040 to insert the word ``physically'' before the word
``handicapped'' in each instance where it appears.]
E040 Free Matter for the Blind and Other Physically Handicapped
Persons
1.0 BASIC INFORMATION
[Amend 1.1 to read as follows:]
1.1 General
Subject to the standards below, matter may be entered free of
postage if mailed by or for the use of blind or other persons who
cannot read or use conventionally printed materials due to a physical
handicap. The provisions of E040 apply to domestic mail only.
* * * * *
[Amend titles and text of 1.3 and 1.4 and add new 1.5 and 1.6 to
read as follows:]
1.3 Eligibility
The following persons are eligible to send and receive free matter:
a. Certified participants in the Library of Congress National
Library Service for the Blind and Physically Handicapped (NLS).
b. Blind persons whose visual acuity, as determined by competent
authority, is 20/200 or less in the better eye with correcting lenses,
or whose widest diameter of visual field subtends angular distance no
greater than 20 degrees.
c. Other physically handicapped persons as follows:
(1) Persons certified by competent authority as someone whose
visual disability, with correction and regardless of optical
measurement, prevents the reading of standard printed material.
(2) Persons certified by competent authority as unable to read or
unable to use standard printed material as a result of physical
limitations.
(3) 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.
(4) Persons certified by competent authority as meeting the
requirements of eligibility resulting from a degenerative, variable
disease that renders them unable to read or use conventional printed
material because of impaired eyesight or other physical factors are
eligible during the time in which the person is certified by a
competent authority as unable to read or use conventional materials.
d. Eligible participants must be residents of the United States,
including the several states, territories, insular possessions, and the
District of Columbia, or American citizens domiciled abroad.
1.4 Certifying Authority
For purposes of this standard:
a. The postmaster may extend the free matter privilege to an
individual recipient based on personal knowledge of the individual's
eligibility.
b. In cases of blindness, visual impairment, or physical
limitations, ``competent authority'' is defined to include doctors of
medicine; doctors of osteopathy; ophthalmologists; optometrists;
registered nurses; therapists; and professional staff of hospitals,
institutions, and public or private welfare agencies (e.g., social
workers, caseworkers, counselors, rehabilitation teachers, and
superintendents). In the absence of any of these, certification may be
made by professional librarians or by any person whose competence under
specific circumstances is acceptable to the Library of Congress (See 36
CFR 701.10(b)(2)(i)).
c. In the case of reading disability from organic dysfunction,
``competent authority'' is defined as doctors of medicine and doctors
of osteopathy.
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1.5 Certification of Eligible Recipients by Organizations
An organization using the free matter privilege (for mailings of at
least 200 pieces) to mail matter to persons who claim eligibility under
1.3 is required to certify on statements of mailing that each recipient
is eligible to receive free matter. An organization is subject to
Postal Service audits of addressees receiving free matter to
substantiate recipients' eligibility consistent with the standards of
eligibility articulated by the Library of Congress on its applications
for free library service and as specified in these standards.
1.6 Qualifying Individuals
The Postal Service may require individuals claiming entitlement to
the free matter privilege to furnish evidence of eligibility consistent
with the standards in 1.3 and 1.4, or verify by other means that the
recipients are eligible to receive free matter.
2.0 Matter Sent to Blind or Other Physically Handicapped Persons
2.1 Acceptable Matter
Subject to 2.2, this matter may be mailed free:
[Amend item a by adding ``in braille or 14-point or larger
sightsaving type'' to read as follows:]
a. Reading matter in braille or 14-point or larger sightsaving type
and musical scores.
* * * * *
2.2 Conditions
The matter listed in 2.1 must meet these conditions:
* * * * *
[Amend item d by adding ``as defined in E211'' to read as follows:]
d. The matter contains no advertising as defined in E211.
* * * * *
3.0 Matter Sent by Blind or Other Physically Handicapped Persons
[Amend 3.1 to read as follows:]
3.1 Acceptable Letters
Only letters in braille or in 14-point or larger sightsaving type
or in the form of sound recordings, and containing no advertising, may
be mailed free, and only if unsealed and sent by a blind or other
physically handicapped person as described in 1.3.
* * * * *
[Add new section 5.0 to read as follows:]
5.0 Documentation
5.1 Register to Mail
Before submitting free matter mailings of 200 pieces or more,
mailers must register with the post office(s) where the mailings will
be presented.
5.2 Reporting Mailings
Each mailing of 200 pieces or more of free matter must be presented
with a statement of mailing, Statement of Mailing, Free Matter for the
Blind and Other Physically Handicapped Persons. [Note: This statement
of mailing is currently being developed.] The statement of mailing must
be completed in ink, by typewriter, or by computer printer (in
duplicate if the mailer wants a receipted copy) and signed by the
mailer. The mailer may submit a computer-generated facsimile of the
USPS form.
* * * * *
An appropriate amendment to 39 CFR. part 111 will be published if
this proposal is adopted.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 02-78 Filed 1-2-02; 8:45 am]
BILLING CODE 7710-12-P