[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Proposed Rules]
[Pages 53212-53214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22215]


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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: This proposed rule amends 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 (LOC) for its National Library Service for the Blind and 
Physically Handicapped (NLS).

DATES: Comments on the proposed standards must be received on or before 
October 2, 2000.

ADDRESSES: Written comments should be delivered to the Manager, Mail 
Preparation and Standards, United States Postal Service, 475 L'Enfant 
Plaza SW., Room 6800, Washington, DC 20260-2405. Comments transmitted 
via facsimile and/or by email 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, 202-268-3340.

SUPPLEMENTARY INFORMATION: The Free Matter privilege was established by 
Act of Congress in 1904 to provide reading materials for the blind when 
sent by public institutions and public libraries as a loan to blind 
readers 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.) Standards for making arrangements for circulation of 
books (by way of the Free Matter privilege) to and from the blind users 
through libraries designated as local or regional centers were 
prescribed by the Librarian of Congress.
    In 1966, Congress extended and expanded the books-for-the-blind-
program to include other physically handicapped persons. (Pub. L. 89-
522, 2 U.S.C. 135a and 135b.) Its purpose was to meet the reading needs 
of physically handicapped persons who cannot read or use conventional 
printed books because of impaired eyesight or other physical factors 
that make them unable physically to manipulate these materials. 
Certification by competent authority of individuals for eligibility to 
participate in the program was (and remains today) pursuant to 
regulations

[[Page 53213]]

prescribed by the Librarian of Congress for this service. Henceforth, 
it 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)) extended the Free Matter privilege to mail matter for the 
use of the blind or other persons who cannot use or read conventionally 
printed material because of a physical impairment and who are certified 
by competent authority in accordance with the regulations established 
by the Librarian of Congress. Accordingly, the Postal Service seeks now 
to clarify its eligibility standards for the Free Matter privilege to 
incorporate, as closely as practicable, the standards devised by the 
Librarian 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.
    Although exempt from the notice and comment requirements of the 
Administrative Procedure Act (5 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

1.1  General

    [Amend 1.1 to read as follows:]
    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 
in accordance with 2.2 below:
    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 are eligible as follows:
    (1) Persons whose visual disability, with correction and regardless 
of optical measurement, is certified by competent authority as 
preventing 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.
    d. Eligible participants must be residents of the United States, 
including the several states, territories, insular possessions, and the 
District of Columbia, or eligible American citizens domiciled abroad.

1.4  Certifying Authority

    For purposes of this standard:
    a. 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 
C.F.R. sec. 701.10(b)(2)(i).
    b. In the case of reading disability from organic dysfunction, 
competent authority is defined as doctors of medicine and doctors of 
osteopathy who may consult with colleagues in associated disciplines.

1.5  Certification by Organizations

    Organizations using the Free Matter privilege to mail matter to 
persons who claim eligibility must certify that each recipient on its 
mailing list is eligible to receive free matter. Organizations using 
the Free Matter privilege to mail matter to eligible persons must 
maintain records to substantiate their eligibility consistent with 
those required by the Library of Congress on its applications for Free 
Library Service.

1.6  Qualifying Individuals

    The United States Postal Service reserves the right to require 
individuals claiming entitlement to the Free Matter for the Blind or 
Other Physically Handicapped Persons privilege to furnish evidence of 
eligibility, consistent with the standards in 1.3, 1.4, and 1.5.
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:]

[[Page 53214]]

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.
* * * * *
    An appropriate amendment to 39 CFR part 111 will be published if 
the proposal is adopted.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-22215 Filed 8-31-00; 8:45 am]
BILLING CODE 7710-12-P