Rule2021-15371
Mail Screening Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 21, 2021
Effective
August 20, 2021
Issuing agencies
Postal Service
Abstract
The Postal Service is amending its regulations regarding the screening of mail to be consistent with aviation regulations regarding the transportation of mail via aircraft; continue to enhance the security and ensure the safety of all persons and property onboard aircraft carrying mail; and prevent and deter the carriage of unauthorized explosives, incendiaries, or other destructive substances or items in the mail or in postal products transported onboard aircraft.
Full Text
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<title>Federal Register, Volume 86 Issue 137 (Wednesday, July 21, 2021)</title>
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[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Rules and Regulations]
[Pages 38413-38415]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15371]
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POSTAL SERVICE
39 CFR Part 233
Mail Screening Regulations
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: The Postal Service is amending its regulations regarding the
screening of mail to be consistent with aviation regulations regarding
the transportation of mail via aircraft; continue to enhance the
security and ensure the safety of all persons and property onboard
aircraft carrying mail; and prevent and deter the carriage of
unauthorized explosives, incendiaries, or other destructive substances
or items in the mail or in postal products transported onboard
aircraft.
DATES: This rule is effective August 20, 2021.
FOR FURTHER INFORMATION CONTACT: Amber Jordan, Inspector Attorney,
<a href="/cdn-cgi/l/email-protection#1b7a697174697f7a755b6e686b7268357c746d"><span class="__cf_email__" data-cfemail="4c2d3e26233e282d220c393f3c253f622b233a">[email protected]</span></a>, (202) 268-7812.
SUPPLEMENTARY INFORMATION: On May 24, 2021, the Postal Service
published a Federal Register Notice (86 FR 27823) with a proposed rule
to update Postal Service regulations regarding the screening of mail.
The circumstances which created the need for the update were as
follows: (1) 39 CFR 233.11 was published as a final rule on February
28, 1996; (2) since the publication of 39 CFR 233.11, no updates had
been made; (3) after February 28, 1996, changes were made to 49 U.S.C.
44901 requiring the screening of all items, including United States
mail, transported via aircraft; and (4) an update is required to ensure
it is consistent with title 49 of the Code of Federal Regulations as it
pertains to mail being transported via aircraft.
Therefore, this final rule modifies the Postal Service regulations
regarding the screening of mail to make said regulations: (1) More
consistent with aviation regulations regarding the transportation of
mail via aircraft; (2) continue to enhance the security and ensure the
safety of all persons and property onboard aircraft carrying mail; and
(3) continue to prevent and deter the carriage of unauthorized
explosives, incendiaries, or other destructive substances or items in
the mail or in postal products transported onboard aircraft.
In response to the proposed rule to update mail screening
regulations, the Postal Service received comments and feedback. The
comments and feedback can be grouped into four areas: (I) Term clarity
(II) clarification of the methods for air carriers to request and
obtain authority to screen U.S. mail, (III) procedures for screening,
and (IV) a defined effective date.
(I) Term Clarity
Term(s): Undeclared hazardous materials, undeclared dangerous
goods.
Some comments sought clarification as to what items would be
included in the phrase unauthorized explosives, incendiaries, or other
destructive substances. Of specific interest was whether this phrase
and the revised regulation in general would apply to undeclared
hazardous materials and undeclared dangerous goods. This phrase must
also be taken together with language noting screening must be capable
of identifying explosives, nonmailable firearms, or other dangerous
contents in the mails that are destructive or could endanger life or
property.
It is the intent of the Postal Service to encompass declared and
undeclared goods as the dangerous nature of these items is unrelated to
whether they have been declared. Additionally, with respect to the
definition of hazardous material, explosives, dangerous goods and the
concept of item mailability the Postal Service defines these terms in
Publication 52, Hazardous, Restricted, and Perishable Mail and it is
the intent of the Postal Service for Publication 52 to be used as a
reference source.
Term: Sufficient weight to pose a threat.
The Postal Service notes that sufficient weight to pose a threat is
a
[[Page 38414]]
shifting factor not conducive to a specific regulated threshold. As
noted in one of the comments the weight of a particular package was
below 16 ounces and yet a lithium battery inside went into thermal
runaway. This circumstance highlights the concerns with setting forth a
specified weight or factor that may, at a future point, no longer
capture the universe of items of concern. The Postal Service must
retain versatility in the definition of sufficient weight in order to
address concerns that might arise with future mailed items.
(II) Clarification of the methods for air carriers to request and
obtain authority to screen U.S. Mail.
The term ``persons not employed by the Postal Service'' is used to
address those whom the Chief Postal Inspector may authorize to screen
U.S. Mail under the regulations and may include air carriers. Each
request for authorization will be analyzed on a case by case basis to
determine need and acceptable procedures. These requests are not
conducive to contractual negotiation as the Postal Service must retain
the ability to adjust procedures and maintain full control over who may
and may not engage in screening efforts. As one of the comments notes,
air carriers need the ability to screen as circumstances warrant. Such
versatility requires the Postal Service to liaison with the industry to
address specific requests fluidly. Requests should be submitted via
extant channels of communication.
(III) Procedures for screening
The procedures for screening will be set forth in the issued
authorizations and will include methods for resolving events. It is
expected the procedures will be the result of discussions between the
Postal Service and interested parties.
(IV) Effective date
An effective date will be included in the final rule.
List of Subjects in 39 CFR Part 233
Law enforcement, Postal Service.
For the reasons stated in the preamble, the Postal Service amends
39 CFR part 233 as follows:
PART 233--INSPECTION SERVICE AUTHORITY
0
1. The authority citation for 39 CFR part 233 continues to read as
follows:
Authority: 39 U.S.C. 101, 102, 202, 204, 401, 402, 403, 404,
406, 410, 411, 1003, 3005(e)(1), 3012, 3017, 3018; 12 U.S.C. 3401-
3422; 18 U.S.C. 981, 983, 1956, 1957, 2254, 3061; 21 U.S.C. 881;
Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-
208, 110 Stat. 3009; Secs. 106 and 108, Pub. L. 106-168, 113 Stat.
1806 (39 U.S.C. 3012, 3017); Pub. L. 114-74, 129 Stat. 584.
0
2. Revise Sec. 233.11 to read as follows:
Sec. 233.11 Mail Screening.
(a) Screening of Mail Transported by Aircraft--(1) Authority.
Pursuant to 39 U.S.C. 5401, the Postal Service is authorized to provide
for the safe and expeditious transportation of mail by aircraft and may
make such rules, regulations, and orders consistent with part A of
subtitle VII of title 49 of the Code of Federal Regulations or any
order, rule or regulation made by the Secretary of Transportation as
may be necessary for such transportation, except as otherwise provided
in 39 U.S.C. 5402.
(2) Purpose. To prevent and deter the carriage of unauthorized
explosives, incendiaries, or other destructive substances or items in
the mail or in postal products onboard aircraft and to ensure the
security and safety of all persons and property onboard aircraft
carrying mail.
(3) Policy. Mail of sufficient weight to pose a hazard to aviation
may, without a search warrant or the sender's or addressee's consent,
be screened by any means capable of identifying explosives, nonmailable
firearms, or other dangerous contents in the mails that are destructive
or could endanger life or property.
(b) Screening of Surface Transported Mail--(1) Authority. Pursuant
to 39 U.S.C. 404 the Postal Service has specific power to provide for,
among other things, the handling of mail. Mail may be screened without
a search warrant or the sender's or addressee's consent in exigent
circumstances to identify explosives or other dangerous contents in the
mails.
(2) Purpose. To prevent and deter the carriage of unauthorized
explosives or other dangerous content in the mail or in postal products
transported via surface transportation providers and to ensure the
security and safety of all persons and property associated with mail
usage, processing, handling, and transportation.
(3) Policy. When the Chief Postal Inspector or designee determines
there is a credible threat that certain mail may contain a bomb,
explosives, or other material that could endanger life or property,
including nonmailable firearms, the Chief Postal Inspector or designee
may, without a search warrant or the sender's or addressee's consent,
authorize the screening of such mail by any means capable of
identifying explosives, nonmailable firearms, or other dangerous
contents in the mails.
(c) Mail Screening Restrictions. Screening of mail authorized by
paragraphs (a) and (b) of this section is subject to the following
restrictions:
(1) No Unreasonable Delay. The mail must be screened in a manner
which does not unreasonably delay its delivery.
(2) Authorization to Screen Mail. The mail screening may be
conducted by Postal Service employees or persons not employed by the
Postal Service, as authorized by the Chief Postal Inspector, under such
instruction that requires compliance with this part and protects the
security of the mail. No information obtained from this mail screening
may be disclosed unless authorized by this part.
(3) Mail of Insufficient Weight to Pose a Threat. Mail of
insufficient weight to pose a hazard to air transportation, surface
transportation, or to contain firearms must be excluded from such
screening.
(4) The screening must be within the limits of this section and
conducted without opening mail that is sealed against inspection or
revealing the contents of correspondence within mail that is sealed
against inspection.
(d) Identified Threatening Pieces of Mail--(1) Hazardous Mail.
Mail, sealed or unsealed, reasonably suspected of posing an immediate
danger to life or limb or an immediate substantial danger to property
as a result of screening or other information may, without a search
warrant, be detained, opened, removed from postal custody, processed,
and treated, but only to the extent necessary to determine and
eliminate the danger. Such mail must be processed in accordance with
the instructions promptly furnished by the Inspection Service.
(2) Indeterminate Mail. After screening, mail sealed against
inspection that presents doubts about whether its contents are
hazardous, that cannot be resolved without opening, must be reported to
the Postal Inspection Service. Such mail must be processed in
accordance with the instructions promptly furnished by the Inspection
Service.
(3) Mandatory Reporting. Any person who opens mail sealed against
inspection, in accordance with paragraph (d)(1) or (d)(2) of this
section, is required to provide a complete written and sworn statement
regarding the detention, screening, opening, and treatment of the mail
piece, as well as the circumstances surrounding its identification as a
possible threat. The statement is required to be signed by the person
purporting to act under this section and promptly forwarded to the
Chief Postal Inspector. Any person purporting to act under this section
who
[[Page 38415]]
does not report his or her action to the Chief Postal Inspector under
the requirements of this section, or whose action is determined after
investigation not to have been authorized, is subject to disciplinary
action or criminal prosecution or both.
Ruth Stevenson,
Chief Counsel, Ethics & Legal Compliance.
[FR Doc. 2021-15371 Filed 7-20-21; 8:45 am]
BILLING CODE 7710-12-P
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</html>Indexed from Federal Register on July 21, 2021.
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