[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
