[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29826]
[[Page Unknown]]
[Federal Register: December 5, 1994]
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POSTAL SERVICE
39 CFR Part 111
Special Bulk Third-Class Rates--State or Local Voting
Registration Official
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: On May 20, 1993, the President signed into law Public Law 103-
31, the National Voter Registration Act of 1993, which amends title 39,
United States Code, by adding section 3629. The amendment authorizes
voting registration officials to mail, effective January 1, 1995,
certain third-class matter at the special bulk third-class rates. This
notice contains regulations implementing the legislative changes.
EFFECTIVE DATE: January 1, 1995.
FOR FURTHER INFORMATION CONTACT: Ernest J. Collins, (202) 268-5316.
SUPPLEMENTARY INFORMATION: The Postal Service published in the Federal
Register (59 FR 45652-45653) on September 2, 1994, a proposal to amend
the Domestic Mail Manual to implement certain provisions of Public Law
103-31, the National Voter Registration Act of 1993, which amended
title 39, United States Code, by adding section 3629. This section
provides that the Postal Service shall make available to a state or
local voting registration official the rate for any class of mail that
is available to a qualified nonprofit organization under 39 U.S.C. 3626
for making a mailing that the official certifies is required or
authorized by the Act. The mailing provisions of the law apply only to
state or local voting registration officials in those states and the
District of Columbia that require a voter to register to vote before
the date of voting in a general election for public office. This final
rule adopts the provisions of the proposed rule.
As information, the procedures that apply to voting registration
officials seeking authorization and mailing privileges under the new
provisions will be similar to the procedures that apply to nonprofit
organizations mailing at the special rates. Voting registration
officials will not be permitted to mail at the special rates before
receiving an authorization from the Postal Service.
Each state and local voting registration official must submit PS
Form 3624, Application to Mail at Special Bulk Third-Class Rates, at
each post office where materials will be mailed at the special bulk
third-class rates. After submitting an application, the voting
registration official may mail qualifying materials under a ``pending
arrangement'' with the postmaster. If the application is approved, the
Postal Service will refund to the voting registration official the
difference in postage paid between the regular rates and the special
bulk third-class rates for mailings made after the effective date of
the authorization. The authorization should be requested, and will be
issued, by the title of the state or local voting registration
official. After receiving authorization to mail at the special rates,
the authorized mailer may apply to mail at additional offices following
the procedures in the Domestic Mail Manual.
As with all mail authorized at the special rates, only third-class
matter, deposited in prescribed minimum quantities and prepared in
accordance with postal regulations, is eligible for these rates. In
addition to these general requirements, the materials must be required
or authorized by the Act. Finally, mailers must complete and deposit
with each permit imprint mailing the appropriate mailing statement: PS
Form 3602-N, Statement of Mailing With Permit Imprint Third-Class Mail
(Nonprofit Rates Only); PS Form 3602-PVN, Plant-Verified Drop Shipment
(PVDS) Consolidated Mailing Statement Register Third-Class (Special
Rates Only: Permit Imprint); or PS Form 3602-PC, Statement of Mailing
With Meter or Precanceled Postage Affixed Bulk Third-Class Mail
(Regular or Nonprofit Rates), with each metered or precanceled stamp
mailing. The certification sections on the mailing statements will be
modified as follows:
The signature of the mailer certifies * * * 5. the mailing, if
made by a voting registration official, is required or authorized by
the National Voter Registration Act of 1993 * * * [Current item 5
will be renumbered as item 6.]
Evaluation of Comments Received
A total of 31 written comments were received, 30 from election and
voting officials and 1 from a member of Congress.
Of these comments, 11 support the proposed regulations granting
preferential rates for voting materials, stating that the proposed
changes will be workable for most voter registration officials.
The remaining 20 comments, although supporting the extension of
special bulk third-class rates to voting registration officials, seek
an expansion of the types of matter that those officials may mail at
the special rates. Like other mailers eligible to use the special
rates, voting registration officials would be permitted to enter only
bulk third-class matter at those rates. The commenters assert that the
proposed rule would not result in any real savings for voter
registration mailings for these reasons:
(1) The bulk rates are available only if the mailing contains 200
or more items sorted by ZIP Code;
(2) Third-class mail has to be generic only and, therefore, may not
contain any references to personal or unique information, as required
in most mailings under the National Voter Registration Act (NVRA);
(3) Mailings under the NVRA are either single items of a First-
Class nature mailed in response to a registration application or
``forwardable'' mailings; and
(4) All mailings required under the NVRA must be given First-Class
service, and the rates would not apply to any ``return if
undeliverable'' or ``forward'' action, which is essential to the NVRA
mailings.
Accordingly, these 20 commenters urge that the Postal Service, in
order to comply with the intent of Congress in the NVRA, do the
following:
(1) Amend the Domestic Mail Manual to permit registration materials
to be mailed First-Class at the special bulk third-class rates or some
other rate that is lower than regular First-Class;
(2) Permit voting registration officials to use special bulk third-
class rates for mailings required by the NVRA, regardless of the
service requested or the quantity involved; and
(3) Help ensure citizen participation in the election process by
providing special third-class rates for all official registration
mailings, lowering the number of pieces required for NVRA mailings, and
allowing voters to submit ballots and registration cards through the
mail at no expense.
At the outset, the Postal Service notes that the eligibility for
the special rates is not as restrictive as these commenters appear to
believe. It is true that matter considered ``actual and personal
correspondence'' must be entered as First-Class Mail and not as third-
class mail. However, this requirement does not mean that matter entered
at the special rates must be generic and devoid of any items unique to
the addressee. For instance, a mailpiece would not be disqualified
ordinarily at the third-class rates for the inclusion of information
typically on voting material such as an account number or file number,
name and address of the addressee, the polling place, congressional
district, legislative district, school board district, councilmanic
district, election district, and precinct. (As a related example,
library cards are generally eligible for third-class mail.)
Additionally, although third-class mail generally must consist entirely
of printed matter, rather than handwritten or typewritten matter, the
addition of a handwritten or typewritten name and address is permitted.
Questions about third-class eligibility of a particular piece may be
raised with local postal officials.
The need for forwarding, return, or address correction services
also would not preclude the use of third-class mail. Although these
services are not automatically provided for third-class mail, they can
be obtained by adding the appropriate endorsements to the mail. Extra
postage is assessed only for pieces that require such services.
Election boards or voter registration commissions can minimize the
volume of pieces forwarded or returned either by using the National
Change of Address (NCOA) system to maintain current address lists or by
obtaining residential change-of-address information from PS Form 3575
as provided by Domestic Mail Manual A910.6.0.
The Postal Service believes that the proposed rule requiring matter
of voting registration officials to meet the requirements that other
mailers must meet to qualify for the special bulk third-class rate is
consistent with Public Law 103-31. That Act states that the Postal
Service shall make available to a state or local voting registration
official the rate for any class of mail that is available to a
qualified nonprofit organization under 39 U.S.C. 3626 for making a
mailing that the official certifies is required or authorized by the
Act. Organizations authorized to mail at the special bulk third-class
rates may mail only their bulk third-class matter at those rates.
Third-class mail consists of mailable matter that weighs less than 16
ounces, is not mailed or required to be mailed as First-Class Mail, and
is not entered as second-class mail (except as permitted or required by
standard).
The Postal Service, which believes that special bulk third-class
rates are properly chargeable for third-class matter and not other
classes of mail, does not have the unilateral authority to establish
new postage rates or classes of mail. Classes of mail are specified in
the Domestic Mail Classification Schedule (DMCS). Special bulk third-
class rates are available only to qualified organizations when their
mailings consist of at least 200 pieces or 50 pounds of mail properly
presorted. The minimum of 200 pieces or 50 pounds was established
because it is cost-effective for the Postal Service to verify, accept,
and process such mailings. The minimum-volume requirement is
established in section 300.021 of the DMCS, and the Postal Service may
not change the requirements of the DMCS or change postage rates except
by undertaking the procedures set forth in 39 U.S.C. 3621-3625.
In addition to its consistency with the language of 39 U.S.C. 3629,
the determination that the special rates be restricted to bulk third-
class matter is also in line with subsequent legislative events. During
1993, the U.S. Senate introduced an amendment to the Treasury and the
United States Postal Service Appropriations bill to authorize voting
registration officials to mail at ``a rate which is one-half the
applicable rate for First-Class Mail'' instead of mailing at the
special bulk third-class rate as provided by the NVRA, 139 Cong. Rec.,
S10186, August 3, 1993. The conferees deleted the Senate amendment,
stating: ``The conferees are aware, however, of the concerns of some
election officials who believe that the bulk third-class mail rate will
not be sufficient to include all of the mailing requirements of the
Act.'' H.R. Rep. 102-256, 103d Cong., 1st Sess., September 24, 1993, at
43.
Suggestions that the Postal Service permit voting materials to be
mailed free or adopt a new rate for such mail, such as a percentage of
the First-Class rate, are beyond the scope of the Act and outside the
authority of the Postal Service. Free or reduced rate mailing
privileges may not be adopted unilaterally by the Postal Service; they
are effected only by congressional statute. Other than 39 U.S.C. 3406
and 3629, Congress has not enacted such privileges for election-related
mailings.
One comment noted that the Postal Service misinterpreted the law
regarding applicability of the National Voter Registration Act by
stating that the law applies only to states or local voting
registration officials in those states and the District of Columbia
that require a voter to register to vote before the date of voting in a
general election for public office. The commenter stated: ``Section 4
of the NVRA exempts states which had enacted a law on or before March
11, 1993, which allows all voters to `register to vote at the polling
place at the time of voting in a general election for Federal office.'
Any state that enacts an election-day registration law after March 11,
1993, will be subject to the provisions of the NVRA and, therefore,
should be entitled to the preferential postal rates.'' The comment
refers to information in the supplementary information section of the
proposed rule, which reads as follows:
The law (NVRA) applies only to state or local voting
registration officials in those states and the District of Columbia
that require a voter to register to vote before the date of voting
in a general election for public office.
Three commenters expressed strong concerns about the procedures for
obtaining authorizations to mail at the special rates. These
commenters:
(1) Opposed the requirement that the local voting registration
official submit PS Form 3624 at each post office where the official
will mail materials at the special bulk third-class rates;
(2) Suggested that PS Form 3624 be changed to indicate that the
state or local voting registration official is the applicant, to be
consistent with the Act;
(3) Asserted that requiring the agency head to complete the
application is an unnecessary step in the application process because
it would require Board of Supervisors' action (``head of the agency'')
and signature of the Chairman;
(4) Argued that voter registration and voter list maintenance are
entirely decentralized in many states and controlled by local elected
officials, the vast majority of whom have no staff or office resources,
and that imposing additional administrative requirements for bulk mail
will eliminate the use of special bulk rates in counties and
municipalities that are least able to afford the full rates;
(5) Proposed that the ``Chief Election Official'' designated in
accordance with the NVRA of 1993 should be permitted to submit to the
Postal Service the names of the registration offices and post offices
where special bulk rates would be needed, or that state officials might
file a request for all county and local officials to mail under the
NVRA; and
(6) Suggested that the application be revised to require the
applicant to submit only relevant material to establish eligibility to
mail at the special bulk third-class rates.
Postal laws have long required mailers to apply for authorization
to mail at special bulk third-class rates before entering mail at the
special rates. See former 39 U.S.C. 4452(d). This application process
ensures that only qualified mailers enter matter at the special rates
and that the matter entered is eligible. The Postal Service has no
objections to state and other officials providing advice and assistance
to local voting registration officials in qualifying to mail their
materials at the special bulk third-class rates. However, the Postal
Service will continue to require voting registration officials to
obtain an authorization to mail at the special bulk third-class rates
at the post office where the officials will present matter for mailing
at the special bulk third-class rates.
Some commenters appear to misunderstand the proposed procedure for
applying to mail at the special bulk third-class rates. The state or
local voting registration official who will be presenting bulk third-
class mailings will be required to apply to mail at the special bulk
third-class rates and will be considered the ``official head of the
government agency'' (voting registration official).
An organization authorized to mail at the special bulk third-class
rates may mail only its matter at those rates. The Postal Service is
not requiring state officials to file requests for local voting
registration officials to mail at the special bulk third-class rates.
However, state officials may assist local voting registration officials
in preparing their applications if the applications are submitted to
the post office where the local voting registration officials will make
mailings at the special bulk third-class rates.
Consistent with the comments received, the Postal Service is also
revising the application form to reduce the burden on voting officials
applying to mail at the special rates. PS Form 3624, Application to
Mail at Special Bulk Third-Class Rates, will be revised so that
election officials will have to supply only minimal information. The
revised form will be printed in the Postal Bulletin. The information
required will be far less than that required from nonprofit mailers
seeking to mail at the special rates.
List of Subjects in 39 CFR Part 111
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, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
2. In the Domestic Mail Manual, section E370 is amended by revising
E370.3.0 and E370.5.0.
The text is as follows:
E--Eligibility
* * * * *
[Change title of 3.0 to:]
QUALIFIED POLITICAL COMMITTEES AND STATE OR LOCAL VOTING REGISTRATION
OFFICIAL
* * * * *
3.2 Definitions
For the standards in 3.1
* * * * *
[Add 3.3 as follows:]
3.3 State or Local Voting Registration Official
Voting registration officials in a state or the District of
Columbia are authorized to mail certain third-class materials at the
special bulk third-class rates under the National Voter Registration
Act of 1993 (see E370.5.9).
* * * * *
5.0 ELIGIBLE AND INELIGIBLE MATTER
* * * * *
[Add E370.5.9 as follows:]
5.9 Voting Registration Official
The voting registration official may mail, at the special rates,
only qualifying third-class matter that is required or authorized to be
mailed at those rates by the National Voter Registration Act of 1993.
* * * * *
A transmittal letter making these changes in the pages of the
Domestic Mail Manual will be published in the Federal Register as
provided by 39 CFR 111.3.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-29826 Filed 12-2-94; 8:45 am]
BILLING CODE 7710-12-P
