Rule2021-20574
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
September 27, 2021
Effective
October 27, 2021
Issuing agencies
Postal Service
Abstract
On August 20, 2021, The Postal Service amended 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. This final rule is being published for the sole purpose of correcting a citational error, and no substantive changes have been made to the regulation as published on August 20, 2021.
Full Text
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<title>Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)</title>
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[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53221-53223]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20574]
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POSTAL SERVICE
39 CFR Part 233
Mail Screening Regulations
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: On August 20, 2021, The Postal Service amended 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
[[Page 53222]]
carriage of unauthorized explosives, incendiaries, or other destructive
substances or items in the mail or in postal products transported
onboard aircraft. This final rule is being published for the sole
purpose of correcting a citational error, and no substantive changes
have been made to the regulation as published on August 20, 2021.
DATES: This rule is effective October 27, 2021.
FOR FURTHER INFORMATION CONTACT: Amber Jordan, Inspector Attorney,
<a href="/cdn-cgi/l/email-protection#137261797c6177727d536660637a603d747c65"><span class="__cf_email__" data-cfemail="4425362e2b3620252a043137342d376a232b32">[email protected]</span></a>, (202) 268-7812.
SUPPLEMENTARY INFORMATION: On May 24, 2021 (86 FR 27823), the Postal
Service published 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.
The regulations published on August 20, 2021 (86 FR 38413),
modified 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. This final rule amends the regulations as
published on August 20, 2021, in order to correct a citational error.
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 [49 U.S.C. 40101 et seq.], or any order, rule,
or regulation made by the Secretary of Transportation thereunder, 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) Additional limitations. 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 (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
[[Page 53223]]
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 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. 2021-20574 Filed 9-24-21; 8:45 am]
BILLING CODE 7710-12-P
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</html>Indexed from Federal Register on September 27, 2021.
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