[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29826]


[[Page Unknown]]

[Federal Register: December 5, 1994]


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

POSTAL SERVICE

39 CFR Part 111

 

Special Bulk Third-Class Rates--State or Local Voting 
Registration Official

AGENCY: Postal Service.

ACTION: Final rule.

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

SUMMARY: On May 20, 1993, the President signed into law Public Law 103-
31, the National Voter Registration Act of 1993, which amends title 39, 
United States Code, by adding section 3629. The amendment authorizes 
voting registration officials to mail, effective January 1, 1995, 
certain third-class matter at the special bulk third-class rates. This 
notice contains regulations implementing the legislative changes.

EFFECTIVE DATE: January 1, 1995.

FOR FURTHER INFORMATION CONTACT: Ernest J. Collins, (202) 268-5316.

SUPPLEMENTARY INFORMATION: The Postal Service published in the Federal 
Register (59 FR 45652-45653) on September 2, 1994, a proposal to amend 
the Domestic Mail Manual to implement certain provisions of Public Law 
103-31, the National Voter Registration Act of 1993, which amended 
title 39, United States Code, by adding section 3629. This section 
provides that the Postal Service shall make available to a state or 
local voting registration official the rate for any class of mail that 
is available to a qualified nonprofit organization under 39 U.S.C. 3626 
for making a mailing that the official certifies is required or 
authorized by the Act. The mailing provisions of the law apply only to 
state or local voting registration officials in those states and the 
District of Columbia that require a voter to register to vote before 
the date of voting in a general election for public office. This final 
rule adopts the provisions of the proposed rule.
    As information, the procedures that apply to voting registration 
officials seeking authorization and mailing privileges under the new 
provisions will be similar to the procedures that apply to nonprofit 
organizations mailing at the special rates. Voting registration 
officials will not be permitted to mail at the special rates before 
receiving an authorization from the Postal Service.
    Each state and local voting registration official must submit PS 
Form 3624, Application to Mail at Special Bulk Third-Class Rates, at 
each post office where materials will be mailed at the special bulk 
third-class rates. After submitting an application, the voting 
registration official may mail qualifying materials under a ``pending 
arrangement'' with the postmaster. If the application is approved, the 
Postal Service will refund to the voting registration official the 
difference in postage paid between the regular rates and the special 
bulk third-class rates for mailings made after the effective date of 
the authorization. The authorization should be requested, and will be 
issued, by the title of the state or local voting registration 
official. After receiving authorization to mail at the special rates, 
the authorized mailer may apply to mail at additional offices following 
the procedures in the Domestic Mail Manual.
    As with all mail authorized at the special rates, only third-class 
matter, deposited in prescribed minimum quantities and prepared in 
accordance with postal regulations, is eligible for these rates. In 
addition to these general requirements, the materials must be required 
or authorized by the Act. Finally, mailers must complete and deposit 
with each permit imprint mailing the appropriate mailing statement: PS 
Form 3602-N, Statement of Mailing With Permit Imprint Third-Class Mail 
(Nonprofit Rates Only); PS Form 3602-PVN, Plant-Verified Drop Shipment 
(PVDS) Consolidated Mailing Statement Register Third-Class (Special 
Rates Only: Permit Imprint); or PS Form 3602-PC, Statement of Mailing 
With Meter or Precanceled Postage Affixed Bulk Third-Class Mail 
(Regular or Nonprofit Rates), with each metered or precanceled stamp 
mailing. The certification sections on the mailing statements will be 
modified as follows:

    The signature of the mailer certifies * * * 5. the mailing, if 
made by a voting registration official, is required or authorized by 
the National Voter Registration Act of 1993 * * * [Current item 5 
will be renumbered as item 6.]

Evaluation of Comments Received

    A total of 31 written comments were received, 30 from election and 
voting officials and 1 from a member of Congress.
    Of these comments, 11 support the proposed regulations granting 
preferential rates for voting materials, stating that the proposed 
changes will be workable for most voter registration officials.
    The remaining 20 comments, although supporting the extension of 
special bulk third-class rates to voting registration officials, seek 
an expansion of the types of matter that those officials may mail at 
the special rates. Like other mailers eligible to use the special 
rates, voting registration officials would be permitted to enter only 
bulk third-class matter at those rates. The commenters assert that the 
proposed rule would not result in any real savings for voter 
registration mailings for these reasons:
    (1) The bulk rates are available only if the mailing contains 200 
or more items sorted by ZIP Code;
    (2) Third-class mail has to be generic only and, therefore, may not 
contain any references to personal or unique information, as required 
in most mailings under the National Voter Registration Act (NVRA);
    (3) Mailings under the NVRA are either single items of a First-
Class nature mailed in response to a registration application or 
``forwardable'' mailings; and
    (4) All mailings required under the NVRA must be given First-Class 
service, and the rates would not apply to any ``return if 
undeliverable'' or ``forward'' action, which is essential to the NVRA 
mailings.
    Accordingly, these 20 commenters urge that the Postal Service, in 
order to comply with the intent of Congress in the NVRA, do the 
following:
    (1) Amend the Domestic Mail Manual to permit registration materials 
to be mailed First-Class at the special bulk third-class rates or some 
other rate that is lower than regular First-Class;
    (2) Permit voting registration officials to use special bulk third-
class rates for mailings required by the NVRA, regardless of the 
service requested or the quantity involved; and
    (3) Help ensure citizen participation in the election process by 
providing special third-class rates for all official registration 
mailings, lowering the number of pieces required for NVRA mailings, and 
allowing voters to submit ballots and registration cards through the 
mail at no expense.
    At the outset, the Postal Service notes that the eligibility for 
the special rates is not as restrictive as these commenters appear to 
believe. It is true that matter considered ``actual and personal 
correspondence'' must be entered as First-Class Mail and not as third-
class mail. However, this requirement does not mean that matter entered 
at the special rates must be generic and devoid of any items unique to 
the addressee. For instance, a mailpiece would not be disqualified 
ordinarily at the third-class rates for the inclusion of information 
typically on voting material such as an account number or file number, 
name and address of the addressee, the polling place, congressional 
district, legislative district, school board district, councilmanic 
district, election district, and precinct. (As a related example, 
library cards are generally eligible for third-class mail.) 
Additionally, although third-class mail generally must consist entirely 
of printed matter, rather than handwritten or typewritten matter, the 
addition of a handwritten or typewritten name and address is permitted. 
Questions about third-class eligibility of a particular piece may be 
raised with local postal officials.
    The need for forwarding, return, or address correction services 
also would not preclude the use of third-class mail. Although these 
services are not automatically provided for third-class mail, they can 
be obtained by adding the appropriate endorsements to the mail. Extra 
postage is assessed only for pieces that require such services. 
Election boards or voter registration commissions can minimize the 
volume of pieces forwarded or returned either by using the National 
Change of Address (NCOA) system to maintain current address lists or by 
obtaining residential change-of-address information from PS Form 3575 
as provided by Domestic Mail Manual A910.6.0.
    The Postal Service believes that the proposed rule requiring matter 
of voting registration officials to meet the requirements that other 
mailers must meet to qualify for the special bulk third-class rate is 
consistent with Public Law 103-31. That Act states that the Postal 
Service shall make available to a state or local voting registration 
official the rate for any class of mail that is available to a 
qualified nonprofit organization under 39 U.S.C. 3626 for making a 
mailing that the official certifies is required or authorized by the 
Act. Organizations authorized to mail at the special bulk third-class 
rates may mail only their bulk third-class matter at those rates. 
Third-class mail consists of mailable matter that weighs less than 16 
ounces, is not mailed or required to be mailed as First-Class Mail, and 
is not entered as second-class mail (except as permitted or required by 
standard).
    The Postal Service, which believes that special bulk third-class 
rates are properly chargeable for third-class matter and not other 
classes of mail, does not have the unilateral authority to establish 
new postage rates or classes of mail. Classes of mail are specified in 
the Domestic Mail Classification Schedule (DMCS). Special bulk third-
class rates are available only to qualified organizations when their 
mailings consist of at least 200 pieces or 50 pounds of mail properly 
presorted. The minimum of 200 pieces or 50 pounds was established 
because it is cost-effective for the Postal Service to verify, accept, 
and process such mailings. The minimum-volume requirement is 
established in section 300.021 of the DMCS, and the Postal Service may 
not change the requirements of the DMCS or change postage rates except 
by undertaking the procedures set forth in 39 U.S.C. 3621-3625.
    In addition to its consistency with the language of 39 U.S.C. 3629, 
the determination that the special rates be restricted to bulk third-
class matter is also in line with subsequent legislative events. During 
1993, the U.S. Senate introduced an amendment to the Treasury and the 
United States Postal Service Appropriations bill to authorize voting 
registration officials to mail at ``a rate which is one-half the 
applicable rate for First-Class Mail'' instead of mailing at the 
special bulk third-class rate as provided by the NVRA, 139 Cong. Rec., 
S10186, August 3, 1993. The conferees deleted the Senate amendment, 
stating: ``The conferees are aware, however, of the concerns of some 
election officials who believe that the bulk third-class mail rate will 
not be sufficient to include all of the mailing requirements of the 
Act.'' H.R. Rep. 102-256, 103d Cong., 1st Sess., September 24, 1993, at 
43.
    Suggestions that the Postal Service permit voting materials to be 
mailed free or adopt a new rate for such mail, such as a percentage of 
the First-Class rate, are beyond the scope of the Act and outside the 
authority of the Postal Service. Free or reduced rate mailing 
privileges may not be adopted unilaterally by the Postal Service; they 
are effected only by congressional statute. Other than 39 U.S.C. 3406 
and 3629, Congress has not enacted such privileges for election-related 
mailings.
    One comment noted that the Postal Service misinterpreted the law 
regarding applicability of the National Voter Registration Act by 
stating that the law applies only to states or local voting 
registration officials in those states and the District of Columbia 
that require a voter to register to vote before the date of voting in a 
general election for public office. The commenter stated: ``Section 4 
of the NVRA exempts states which had enacted a law on or before March 
11, 1993, which allows all voters to `register to vote at the polling 
place at the time of voting in a general election for Federal office.' 
Any state that enacts an election-day registration law after March 11, 
1993, will be subject to the provisions of the NVRA and, therefore, 
should be entitled to the preferential postal rates.'' The comment 
refers to information in the supplementary information section of the 
proposed rule, which reads as follows:

    The law (NVRA) applies only to state or local voting 
registration officials in those states and the District of Columbia 
that require a voter to register to vote before the date of voting 
in a general election for public office.

    Three commenters expressed strong concerns about the procedures for 
obtaining authorizations to mail at the special rates. These 
commenters:
    (1) Opposed the requirement that the local voting registration 
official submit PS Form 3624 at each post office where the official 
will mail materials at the special bulk third-class rates;
    (2) Suggested that PS Form 3624 be changed to indicate that the 
state or local voting registration official is the applicant, to be 
consistent with the Act;
    (3) Asserted that requiring the agency head to complete the 
application is an unnecessary step in the application process because 
it would require Board of Supervisors' action (``head of the agency'') 
and signature of the Chairman;
    (4) Argued that voter registration and voter list maintenance are 
entirely decentralized in many states and controlled by local elected 
officials, the vast majority of whom have no staff or office resources, 
and that imposing additional administrative requirements for bulk mail 
will eliminate the use of special bulk rates in counties and 
municipalities that are least able to afford the full rates;
    (5) Proposed that the ``Chief Election Official'' designated in 
accordance with the NVRA of 1993 should be permitted to submit to the 
Postal Service the names of the registration offices and post offices 
where special bulk rates would be needed, or that state officials might 
file a request for all county and local officials to mail under the 
NVRA; and
    (6) Suggested that the application be revised to require the 
applicant to submit only relevant material to establish eligibility to 
mail at the special bulk third-class rates.
    Postal laws have long required mailers to apply for authorization 
to mail at special bulk third-class rates before entering mail at the 
special rates. See former 39 U.S.C. 4452(d). This application process 
ensures that only qualified mailers enter matter at the special rates 
and that the matter entered is eligible. The Postal Service has no 
objections to state and other officials providing advice and assistance 
to local voting registration officials in qualifying to mail their 
materials at the special bulk third-class rates. However, the Postal 
Service will continue to require voting registration officials to 
obtain an authorization to mail at the special bulk third-class rates 
at the post office where the officials will present matter for mailing 
at the special bulk third-class rates.
    Some commenters appear to misunderstand the proposed procedure for 
applying to mail at the special bulk third-class rates. The state or 
local voting registration official who will be presenting bulk third-
class mailings will be required to apply to mail at the special bulk 
third-class rates and will be considered the ``official head of the 
government agency'' (voting registration official).
    An organization authorized to mail at the special bulk third-class 
rates may mail only its matter at those rates. The Postal Service is 
not requiring state officials to file requests for local voting 
registration officials to mail at the special bulk third-class rates. 
However, state officials may assist local voting registration officials 
in preparing their applications if the applications are submitted to 
the post office where the local voting registration officials will make 
mailings at the special bulk third-class rates.
    Consistent with the comments received, the Postal Service is also 
revising the application form to reduce the burden on voting officials 
applying to mail at the special rates. PS Form 3624, Application to 
Mail at Special Bulk Third-Class Rates, will be revised so that 
election officials will have to supply only minimal information. The 
revised form will be printed in the Postal Bulletin. The information 
required will be far less than that required from nonprofit mailers 
seeking to mail at the special rates.

List of Subjects in 39 CFR Part 111

    Postal Service.

    For the reasons discussed above, the Postal Service hereby adopts 
the following amendments to the Domestic Mail Manual, which is 
incorporated by reference in the Code of Federal Regulations (see 39 
CFR part 111).

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, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

    2. In the Domestic Mail Manual, section E370 is amended by revising 
E370.3.0 and E370.5.0.
    The text is as follows:

E--Eligibility

* * * * *
[Change title of 3.0 to:]

QUALIFIED POLITICAL COMMITTEES AND STATE OR LOCAL VOTING REGISTRATION 
OFFICIAL
* * * * *

3.2  Definitions

    For the standards in 3.1
* * * * *
[Add 3.3 as follows:]

3.3  State or Local Voting Registration Official

    Voting registration officials in a state or the District of 
Columbia are authorized to mail certain third-class materials at the 
special bulk third-class rates under the National Voter Registration 
Act of 1993 (see E370.5.9).
* * * * *
5.0  ELIGIBLE AND INELIGIBLE MATTER
* * * * *
[Add E370.5.9 as follows:]

5.9  Voting Registration Official

    The voting registration official may mail, at the special rates, 
only qualifying third-class matter that is required or authorized to be 
mailed at those rates by the National Voter Registration Act of 1993.
* * * * *
    A transmittal letter making these changes in the pages of the 
Domestic Mail Manual will be published in the Federal Register as 
provided by 39 CFR 111.3.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-29826 Filed 12-2-94; 8:45 am]
BILLING CODE 7710-12-P