Mail Screening Regulations
| Published date | 24 May 2021 |
| Citation | 86 FR 27823 |
| Record Number | 2021-10776 |
| Section | Proposed rules |
| Court | Postal Service |
Federal Register, Volume 86 Issue 98 (Monday, May 24, 2021)
[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Proposed Rules]
[Pages 27823-27824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10776]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Proposed
Rules
[[Page 27823]]
POSTAL SERVICE
39 CFR Part 233
Mail Screening Regulations
AGENCY: United States Postal Service.
ACTION: Proposed rule.
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SUMMARY: This update will ensure the Postal Service regulations
regarding the screening of mail are 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: Comments must be received on or before June 23, 2021.
ADDRESSES: Mail or deliver written comments to: Inspector Attorney,
Steven Sultan, United States Postal Inspection Service, 475 L'Enfant
Plaza SW, 3rd Floor, Washington, DC 20260. Emailed and faxed comments
will not be accepted. You may inspect and photocopy all written
comments, by appointment only, at the USPS Headquarter Library, 475
L'Enfant Plaza SW, 11th Floor North, Washington, DC 20260. These
records are available for review on Monday through Friday, 9 a.m. to 4
p.m., by calling (202) 268-2904. All submitted comments and attachments
are part of the public record and subject to disclosure. Do not enclose
any material in your comments that you consider to be confidential or
inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT: To obtain further information
regarding this provision, the following instructions and guidelines
apply:
Contact Inspector Attorney, Amber Jordan at 202-268-7812
Questions may also be sent to the Inspector Attorney, Amber
Jordan at the following email address and must include:
[email protected]:
--Subject Line: Mail screening regulation information/question
Name of Sender
SUPPLEMENTARY INFORMATION: The action being taken is an update to 39
CFR 233.11. The circumstances which created the need for this action
are 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 have 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) the 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. This update is authorized pursuant to 39 U.S.C. 5401 which
states that 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 49 U.S.C.
5402.
List of Subjects in 39 CFR Part 233
Law enforcement, Postal Service.
PART 233--[AMENDED]
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.
[[Page 27824]]
(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 (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 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.
Joshua J. Hofer,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2021-10776 Filed 5-21-21; 8:45 am]
BILLING CODE 7710-12-P
