[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Rules and Regulations]
[Pages 66996-66997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33478]


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POSTAL SERVICE

39 CFR Part 255


Access of Handicapped Persons to Postal Services, Programs, 
Facilities, and Employment

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The purpose of these changes is to clarify Postal Service 
regulations concerning the filing and processing of complaints of 
discrimination by handicapped persons in obtaining access to postal 
programs and services. References to Postal Service offices and 
publications have also been updated.

EFFECTIVE DATE: December 23, 1997.

FOR FURTHER INFORMATION CONTACT:
Rodger Carter, Coordinator, ABC Program, Facilities HQ, 4301 Wilson 
Blvd., Suite 300, Arlington VA 22203-1861; telephone (703) 526-2867.

SUPPLEMENTARY INFORMATION: The Postal Service is amending its 
regulations in order to clarify procedures to ensure, in accordance 
with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 701 et 
seq., that its programs and services are provided in a non-
discriminatory fashion to handicapped persons. All changes are designed 
to make the regulations easier for both postal customers and employees 
to understand and follow.
    The Postal Service has not previously amended its Part 255 
regulations. References to particular postal offices and publications, 
may of which were no longer in existence or had been restructured, have 
been revised. Certain other provisions were revised or deleted because 
they were redundant, such as repetitive provisions concerning 
responding to a complaint, or were duplicative of other postal 
regulations. For instance, Part 255 had contained postal regulations 
implementing the Rehabilitation Act in Sections 255.1 and 255.2, and 
also a few provisions concerning the Architectural Barriers Act (ABA) 
of 1968, 42 U.S.C. 4151 et seq., in Section 255.3. Since ABA 
requirements and compliance are set forth comprehensively in other 
regulations, see e.g. 49 FR 31528 (August 7, 1984) and Postal Service 
handbook RE-4, Standards for Facility Accessibility by the Physically 
Handicapped, they have been removed from Part 255. Similarly, 
provisions have been deleted that relate to actions taken for employees 
in accordance with procedures under Section 501 of the Rehabilitation 
Act.
    Accordingly, part 255 now contains postal regulations that 
implement Section 504 of the Rehabilitation Act only, which regulations 
are set forth in a clearer and more comprehensive fashion. Part 255.1 
sets forth procedural provisions, including how to file a complaint and 
time-frames for responses by postal officials. Corrective actions that 
may be appropriate are described in Parts 255.2 and 255.3, which 
concern special service arrangements and discretionary retrofits to 
facilities, respectively. Part 255.4, which relates to internal agency 
procedures and levels of authority, remains unchanged.
    The Postal Service expects that these amendments will make its 
Rehabilitation Act procedures easier to use, so that the agency can 
provide timely and appropriate responses to requests and complaints 
thereunder.

List of Subjects in 39 CFR Part 255

    Administrative practice and procedure, Individuals with 
disabilities.

    Accordingly, for the reasons set forth in the preamble, 39 CFR Part 
255 is amended as follows;

PART 225--[AMENDED]

    1. The authority citation for Part 255 continues to read as 
follows:

    Authority: 39 U.S.C. 101, 401, 403, 1001, 1003, 3403, 3404; 29 
U.S.C. 791, 794.

    2. Section 255.1(c)(1) is amended by revising the first sentence to 
read as follows: ``Handicapped customers who believe that they have 
been discriminated against in the provision of postal services or 
programs should file a written complaint with their local postmasters 
or other local postal official responsible for such services or 
programs.''
    3. Section 255.1(c)(2) is removed, and paragraphs (c)(3) through 
(6) are redesignated as paragraphs (c)(2) through (5), respectively.
    4. In Sec. 255.1, newly redesignated paragraph (c)(2) is revised to 
read as follows:


Sec. 255.1  Discrimination against handicapped person prohibited.

* * * * *
    (c) * * *
    (2) Resolution. A local official receiving a complaint by a 
handicapped customer about access to postal programs and services must 
process it in accordance with this part. The official should review the 
complaint, and consult with the district office as needed, to determine 
if corrective action is necessary. Corrective action can include a 
special arrangement for postal services under Sec. 255.2, or a 
discretionary retrofit to the facility

[[Page 66997]]

under Sec. 255.3. The decision about which corrective action to take, 
if any, should be made within the time limits set forth in paragraph 
(c)(3), or sooner if possible.
* * * * *
    5. In Sec. 255.1, newly redesignated paragraph (c)(3) is amended by 
revising the third sentence to read as follows: ``Whenever it appears 
that a complaint cannot be resolved within 60 days of its receipt, a 
written report and explanation must be submitted to the appropriate 
district manager.''
    6. In Sec. 255.1, newly redesignated paragraph (c)(4) is revised to 
read as follows:
* * * * *
    (c) * * *
    (4) Automatic review. If the local official proposes to deny a 
request or complaint by a handicapped customer for a special 
arrangement or the alteration of a facility, the proposed decision 
shall be submitted to the appropriate district manager. The customer 
must be notified in writing of the approved decision.
* * * * *
    7. In Sec. 255.1, newly redesignated paragraph (c)(5) is revised to 
read as follows:
* * * * *
    (c) * * *
    (5) Exhaustion of administrative remedies. If a customer service 
complaint filed under this paragraph (c) is not resolved within 60 days 
of its receipt, the customer may seek relief in any other appropriate 
forum, including the right to appeal to the Customer Advocate in 
accordance with Postal Operations Manual 166. The Postal Service may 
continue to consider the complaint after the expiration of the 60 day 
period.
* * * * *
    8. Section 255.2(a)(1) is amended by revising ``Domestic Mail 
Manual 155.262'' to read ``Postal Operations Manual 631.42''.
    9. Section 255.2(a)(2)(i) is revised to read as follows:


Sec. 255.2  Special arrangements for postal services.

    (a) * * *
    (2) * * *
    (i) Stamps by mail, phone, or on consignment. See Postal Operations 
Manual 151-153.
* * * * *
    10. Section 255.2(a)(2)(ii) is amended by revising ``Domestic Mail 
Manual 156.41'' to read ``Postal Operations Manual 652-653''.
    11. Section 255.2(a)(2)(iii) is amended by revising ``Postal 
Operations Manual 154'' to read ``Postal Operations Manual 145.6''.
    12. Section 255.2(a)(2)(iv) is revised to read as follows:
    (a) * * *
    (2) * * *
    (iv) Postage-free mailing for certain mailings. See Domestic Mail 
Manual E040, Administrative Support Manual 274.24, and International 
Mail Manual 250.
* * * * *
    13. Section 255.2(b)(2) is revised to read as follows:
* * * * *
    (b) * * *
    (2) Response to Customer Request or Complaint for a Special 
Arrangement. A local official receiving a request or complaint seeking 
a special arrangement must provide the customers with any such 
arrangement as may be required by postal regulations. If no special 
arrangements are required, the postal official, in consultation with 
the district office as needed, may provide a special arrangement or 
take any action that will accommodate the customer, including, among 
others, performing a discretionary retrofit, providing curb or home 
delivery, or directing the customer to a nearby accessible facility, if 
he or she determines the arrangement or action would be reasonable, 
practical, and consistent with the economical and proper operation of 
the particular program or activity.
* * * * *
    14. Section 255.2(c) is removed.
    15. Section 255.3(a)(1) is to read as follows:


Sec. 255.3  Access to postal facilities.

    (a) * * *
    (1) Legal and policy requirements. Where the design standards of 
the Architectural Barriers Act (ABA) of 1968 do not apply, the Postal 
Service may perform a retrofit to the facility for a handicapped 
customer in accordance with this part.
* * * * *
    16. Section 255.3(a)(2) introductory text is amended by removing 
``also'' and revising the phrase ``the Barrier Act's'' to read ``ABA'' 
in the first sentence, and by removing the second sentence.
    17. Sections 255.3(a), (a)(4), and (a)(5) are removed.
    18. Section 255.3(b)(2) is revised to read:
* * * * *
    (b) * * *
    (2) Response to customer request or complaint for an alteration to 
a facility. If a local official determines, in consultation with the 
district office as needed, that modification to meet ABA standards is 
not required, discretionary alteration may be made on a case-by-case 
basis in accordance with the criteria listed in paragraph (a)(2) of 
this section. If a discretionary alteration is not made, the local 
official should determine if the customer can be provided a special 
arrangement under Sec. 255.2.
* * *
    19. Section 255.3(c) is removed.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 97-33478 Filed 12-22-97; 8:45 am]
BILLING CODE 7710-12-M