[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.

[[Page 278]]

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