----- Original Message -----
From: "Charles Crawford" <[log in to unmask]>
To: <[log in to unmask]>; <[log in to unmask]>
Sent: Tuesday, July 09, 2002 10:35 AM
Subject: U.S. Post Office final rule on free matter mailing


>
> [Federal Register: July 8, 2002 (Volume 67, Number 130)]
> [Rules and Regulations]
> [Page 45061-45064]
>  From the Federal Register Online via GPO Access [wais.access.gpo.gov]
> [DOCID:fr08jy02-8]
>
> =======================================================================
> -----------------------------------------------------------------------
>
> POSTAL SERVICE
>
> 39 CFR Part 111
>
>
> Eligibility Standards for Free Matter for the Blind and Other
> Physically Handicapped Persons
>
> AGENCY: Postal Service.
>
> ACTION: Final rule.
>
> -----------------------------------------------------------------------
>
> SUMMARY: This final rule adopts a proposal 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 (LOC) for its National Library Service for
> the Blind and Physically Handicapped (NLS). In addition, other
> standards applicable to the use of free matter for the blind and other
> physically handicapped persons are clarified.
>
> EFFECTIVE DATE: August 8, 2002.
>
> 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,
> Public Law No. 171). In 1931, the National-Books-for-the-Blind
>
> [[Page 45062]]
>
> 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, Public Law 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 National Books-for-the-Blind program
> to include other physically handicapped persons (Public Law 89-522, 2
> U.S.C. 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 these persons 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 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).
>      On September 1, 2000, the Postal Service published a proposed rule
> in the Federal Register (65 FR 53212) amending the postal standards for
> free matter for the blind and other physically handicapped persons.
> Based on comments received, the Postal Service published a second,
> revised proposed rule for comment on January 3, 2002 (67 FR 275). The
> revised rule contained two major changes. First, it eliminated the
> requirement that organizations maintain individual records of eligible
> recipients and made the maintenance of such records optional. Second,
> the new proposal required mailers of free matter who entered mailings
> of 200 or more pieces to register with the Post Office(s) of mailing
> and to submit statements of mailing. A form requiring minimal mailing
> information would have been developed for this purpose. In addition,
> the proposal included a provision that the Postal Service may audit an
> organization's use of the free matter privilege. The proposal explained
> that this specification was new to the Domestic Mail Manual but
> codified existing authority and practice.
>      The Postal Service received eight comments on the January 3, 2002,
> proposal. The comments generally supported the overall goal to clarify
> standards for eligibility and most expressed support for or did not
> object to the clarifying language for eligibility in 1.3 and certifying
> authority in 1.4. Accordingly, these proposed standards are adopted
> without change. However, one comment requested that a provision be
> added that clarifies that mailings of acceptable matter may be mailed
> by organizations. The Postal Service acknowledges that the comment is
> correct and consistent with the standards for the mailing of free
> matter. However, since 1.1 already addresses these circumstances by
> permitting matter for the use of blind or other physically handicapped
> persons to be mailed free of postage, an additional provision is not
> incorporated in the new standards. One comment supported the proposal
> in its entirety and one objected only to any change that would not
> allow the mailing of cassette talking machines. The proposed rule does
> not contemplate changing the standards for acceptable matter mailed as
> free matter. Therefore, cassette talking machines and other devices for
> use by eligible recipients remain acceptable to be mailed as free
> matter.
>      There were several common objections to the proposal. Six comments
> objected to the proposal requiring free matter mailers to submit
> statements of mailings for mailings of 200 pieces or more. Three of the
> six comments expressed concern about the additional administrative
> burden of submitting statements of mailing, and three comments objected
> to the proposal in 1.5 that required an organization to certify on the
> statements of mailing that each recipient is eligible to receive free
> matter. By law, free matter may be sent only to eligible persons. The
> proposed certification standard for organizations using the free matter
> privilege to mail matter to eligible persons did not change mailers'
> obligations. Nevertheless, the Postal Service has removed the standards
> in 1.5, Certification of Eligible Recipients by Organizations, and 5.2,
> Reporting Mailings, from this final rule to accommodate the concerns of
> the comments. The proposed requirement for registration and submission
> of statements of mailing for large volume mailings was intended to
> facilitate a more precise count of free matter volume and appropriation
> to the Postal Service to cover the revenue forgone on this mail.
> However, in view of the comments, the Postal Service finds that this
> need does not outweigh the administrative burden that would be placed
> on mailers. Accordingly, under this final rule, mailers of free matter
> will not at this time be required to submit statements of mailing with
> free matter mailings of more than 200 pieces. Furthermore, the Postal
> Service has eliminated the proposal in 5.1 that would have required a
> mailer to register with the Post Office(s) of mailing prior to
> submitting mailings of over 200 pieces.
>      Two comments expressed concerns about the provision in 1.5 that
> discussed potential audits of mailers of free matter by the Postal
> Service. This section attempts to clarify what is already in practice
> today. As stated in the January 3, 2002, proposal, any organization
> that mails under the free matter privilege, whether maintaining
> individual records or not, is subject to Postal Service reviews of the
> eligibility of the addressees.
>      Any method of audit is determined on a case-by-case basis. For
> example, an audit 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
>
> [[Page 45063]]
>
> 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 policy will not
> change under this proposal. Postmasters will still be required to
> maintain a list of eligible recipients under their jurisdiction.
>      It should be noted that whether or not an organization maintains
> 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 and
> that the recipients are eligible to receive free matter.
>      Two organizations expressed concern that the potential for audits
> of mailing lists containing names of those receiving free matter
> creates privacy issues that should be addressed before such audits are
> undertaken. As noted earlier, the authority to audit and practice of
> auditing mailing lists is not new. And, to the knowledge of the Postal
> Service, no breaches of privacy have occurred. Moreover, by statute (39
> U.S.C. 410(c)(1), 412), the Postal Service is required to keep the
> names and addresses of its patrons confidential. As a result, there
> will be no releases of the names and addresses of individual patrons
> based on the collection of the information as part of assuring that
> those using and benefiting from the free matter privilege are qualified
> individuals.
>      Two comments had concerns about the Postal Service's definition of
> advertising. The two comments misinterpreted the standard to prohibit
> material such as a ``meeting notice.'' As a general standard for any
> material sent as free matter, the material may not contain any
> advertising. The Postal Service does not consider meeting notices and
> other informational material as advertising unless it falls within the
> Postal Service definition of advertising. Under DMM standards,
> advertising is defined as:
>      1. All material of which a valuable consideration is paid,
> accepted, or promised, that calls attention to something to get people
> to buy it, sell it, seek it, or support it.
>      2. Reading matter or other material of which an advertising rate is
> charged.
>      3. Articles, items, and notices in the form of reading matter
> inserted by custom or understanding that textual matter is to be
> inserted for the advertiser or the advertiser's products in which a
> display advertisement appears.
>      4. An organization's advertisement of its own services or issues,
> or any other business of the publisher, whether in display advertising
> or reading matter.
>
> See DMM E211.1. In order to alleviate any confusion, this language has
> been incorporated into the free matter standards.
>      The Postal Service also adopts additional standards clarifying what
> may be mailed as free matter. These do not create substantive changes,
> but codify existing policies.
>      Three comments expressed concern that the proposed change in 2.1a
> was intended to further limit the standards for acceptable matter
> mailed as free matter. To the contrary, the change simply clarifies
> section (a) to say ``reading matter in braille or 14-point or larger
> sightsaving type'' is eligible to be sent as free matter. There was no
> change in sections (b) through (e) which list other acceptable matter
> that may be mailed as free matter.
>      Two comments requested that the Postal Service extend the standards
> for free matter to include handwritten letters that are written or
> printed in 14-point or larger type. This issue was addressed in the
> January 3, 2002, proposed rule. To reiterate the Postal Service's
> position, 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 * * *'' Since the Postal Service does not have the
> authority to consider such a change, this request is outside the scope
> of this final rule.
>
> List of Subjects in 39 CFR Part 111
>
>      Administrative practice and procedure, 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, 414,
> 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
>
>
>      2. Revise the Domestic Mail Manual as follows:
>
> E  Eligibility
>
> E000  Special Eligibility Standards
>
> * * * * *
>      [Revise 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
>
>      [Revise 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.
> * * * * *
>      [Revise title and text of 1.3 to read as follows:]
>
> 1.3  Eligibility
>
>      The following persons are considered to be blind or unable to read
> or use conventionally printed material due to a physical handicap for
> purposes of this section:
>      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 certified by competent
> authority as meeting one or more of the following conditions:
>      (1) Having a visual disability, with correction and regardless of
> optical measurement, that prevents the reading of standard printed
> material.
>      (2) Being unable to read or unable to use standard printed material
> as a result of physical limitations.
>      (3) Having a reading disability resulting from organic dysfunction
> and of sufficient severity to prevent their reading printed material in
> a normal manner.
>      (4) 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. These persons are eligible during the time in which
> they are certified by a competent authority as unable to read or use
> conventional materials.
>      d. Eligible participants must be residents of the United States,
> including
>
> [[Page 45064]]
>
> the several states, territories, insular possessions, and the District
> of Columbia, or American citizens domiciled abroad.
>      [Revise title and text of 1.4 to read as follows:]
>
> 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.
>      [Add new 1.5 to read as follows:]
>
> 1.5  Qualifying Individuals
>
>      The USPS 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:
>      [Revise 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:
>      [Revise item d by adding the definition of advertising to read as
> follows:]
>      d. The matter contains no advertising. Advertising is defined as:
>      (1) All material of which a valuable consideration is paid,
> accepted, or promised, that calls attention to something to get people
> to buy it, sell it, seek it, or support it.
>      (2) Reading matter or other material of which an advertising rate
> is charged.
>      (3) Articles, items, and notices in the form of reading matter
> inserted by custom or understanding that textual matter is to be
> inserted for the advertiser or the advertiser's products in which a
> display advertisement appears.
>      (4) An organization's advertisement of its own services or issues,
> or any other business of the publisher, whether in display advertising
> or reading matter.
> * * * * *
> 3.0  MATTER SENT BY BLIND OR OTHER PHYSICALLY HANDICAPPED PERSONS
>
> 3.1  Acceptable Letters
>
>      [Revise 3.1 to read as follows:]
>      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 to reflect these
> changes will be published.
>
> Stanley F. Mires,
> Chief Counsel, Legislative.
> [FR Doc. 02-16908 Filed 7-5-02; 8:45 am]
> BILLING CODE 7710-12-P
>


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