66996 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

before the scheduled start of the event

until thirty minutes after the last

firework is exploded for each event

listed in the table below in

SUPPLEMENTARY INFORMATION. The events

are listed chronologically by month

with their corresponding number listed

in the special local regulation, 33 CFR

100.114.

ADDRESSES: Comments should be

mailed to Commander (osr), First Coast

Guard District, Captain John Foster

Williams Federal Building, 408 Atlantic

Ave., Boston, MA 02110–3350, or may

be hand delivered to Room 734 at the

same address, between 8 a.m. and 4

p.m., Monday through Friday, except

federal holidays. Comments will

become part of this docket and will be

available for inspection or copying at

the above address.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Guy A.

McArdle, Office of Search and Rescue

branch, First Coast Guard District at

(617) 223–8460.

SUPPLEMENTARY INFORMATION: This

document implements the special local

regulations in 33 CFR 100.114 (62 FR

30988; June 6, 1997). All vessels are

prohibited from entering a 500 yard

radius of navigable water surrounding

the launch platform used in each

fireworks display listed below.

Table 1—Fireworks Displays

December

1. First Night Fireworks

Date: December 31, 1997.

Time: 12:00 a.m. (midnight) to 12:15

a.m.

Location: Off Waterfront Park,

between Commercial and Long Wharf’s.

Lat: 42°21.7N, Long: 071°02.8′′W

(NAD 1983).

2. First Night Martha’s Vineyard

Date: December 31, 1997.

Time: 9:30 p.m. to 11:00 p.m.

Location: Vineyard Haven Harbor.

Lat: 41–27N, Long: 070–35W (NAD

1983).

4. City of New Bedford First Night

Date: December 31, 1997.

Time: 12:00 a.m. (midnight) to 12: 30

a.m.

Location: New Bedford Harbor,

vicinity of state pier.

Lat: 41–38N, Long: 070–55W (NAD

1983).

Dated: December 2, 1997.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 97–33464 Filed 12–22–97; 8:45 am]

BILLING CODE 4910–14–M

POSTAL SERVICE

39 CFR Part 255

Access of Handicapped Persons to

Postal Services, Programs, Facilities,

and Employment

AGENCY: Postal Service.

ACTION: Final rule.

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 nondiscriminatory 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 § 255.1, newly redesignated

paragraph (c)(2) is revised to read as

follows:

§ 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 § 255.2, or a

discretionary retrofit to the facility
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 66997

under § 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 § 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 § 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 § 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:

§ 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:

§ 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-bycase 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

§ 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

POSTAL SERVICE

39 CFR Part 954

Rules of Practice in Proceedings

Relative to the Denial, Suspension, or

Revocation of Second-Class Mail

Privileges

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The Postal Service is making

several technical amendments to reflect

new terminology adopted in connection

with Periodicals, formerly second-class

mail, and to update titles and make

other technical and grammatical

changes.

EFFECTIVE DATE: December 23, 1998.

FOR FURTHER INFORMATION CONTACT:

Diane M. Mego, (202) 268–5438.

SUPPLEMENTARY INFORMATION: As a part

of Classification Reform proceedings,

second-class mail was renamed

Periodicals. As of July 1, 1996, secondclass mail privileges have been referred

to as Periodicals mailing privileges

(Domestic Mail Manual § E211.1.1).

Administrative decisions determined

under that section now refer to

Periodicals mail privileges. Procedural

rules for the denial, suspension, and

revocation of these privileges are found

at 39 CFR 954.

Amendment to part 954 is needed to

substitute references to Periodicals mail

privileges for second-class mail

privileges. Additional amendment is

needed to reflect the revision and

renumbering of the Domestic Mail

Manual on July 1, 1993 (54 Fed. Reg.

34887 (1993)), and to update and correct

the titles of the Docket Clerk, Director,

Law Librarian, and Law Library to the

Recorder, authorized official, Librarian,

and Library, respectively. Also, several

grammatical amendments reflecting

gender neutrality are being made.

These revisions are changes in agency

rules of procedure before the Judicial

Officer and do not substantially affect