[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Pages 28059-28061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13831]



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POSTAL SERVICE

39 CFR Part 233


Screening of Mail Reasonably Suspected of Containing Nonmailable 
Firearms

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: On February 28, 1996, the Postal Service published in the 
Federal Register a proposed regulation outlining the treatment of mail 
which is reasonably suspected of being dangerous to persons or 
property. The rule also contains language which allows for the 
screening of mail reasonably suspected of containing nonmailable 
firearms. The proposed rule requested comments, but none were received. 
Consequently, the Postal Service hereby publishes this final rule.

EFFECTIVE DATE: June 4, 1996.

FOR FURTHER INFORMATION CONTACT: George C. Davis, (202) 268-3076.

SUPPLEMENTARY INFORMATION: This document creates a new subsection 
233.11 of title 39, Code of Federal Regulations, to include the 
requirements for the treatment of mail which is reasonably suspected of 
being dangerous to persons or property. This

[[Page 28060]]

rule is currently contained in the Administrative Support Manual (ASM) 
as part 274, but this publication will make it more widely available to 
the public.
    Sections 233.11 (a) and (a)(4) contain new language which allows 
for the screening of mail reasonably suspected of containing 
nonmailable firearms. Formerly, part 274 of the Administrative Support 
Manual allowed the examination of mail only to identify explosives or 
other materials that would pose a danger to life or property. This rule 
would expand the existing rule to permit screening for nonmailable 
firearms under the same restrictions respecting mail privacy and delay.
    The Postal Service has been advised by the Honorable Pedro Rosello, 
Governor of Puerto Rico, that illegal firearms entering Puerto Rico by 
various means, including the mails, pose a serious threat to the safety 
of citizens of Puerto Rico. This information has been confirmed in 
meetings with the Attorney General of Puerto Rico, local and federal 
law enforcement officials, and officials of the United States 
Department of Justice.
    Practical and legal constraints limit our ability to ensure that 
the mails are free of nonmailable firearms. These constraints were 
summarized in the Federal Register at the time the rule permitting 
limited screening of mail reasonably suspected of containing dangerous 
matter was initially proposed and they remain applicable today. See 55 
FR 29637 (July 20, 1990).
    Taking these constraints into account, this rule authorizes the 
least intrusive, least dilatory response to credible situations where 
firearms already declared ``nonmailable'' by statute or regulation are 
reasonably suspected of being in the mails. Nonmailable firearms are 
defined in Section C024.1.0 of the Domestic Mail Manual. They consist, 
primarily, of pistols, revolvers, and other concealable firearms. 
Unloaded rifles and shotguns are mailable although the provisions of 
the Gun Control Act of 1968, 18 U.S.C. 921, et seq., and regulations of 
the Bureau of Alcohol, Tobacco, and Firearms apply to the shipment of 
such weapons by mail or otherwise.
    This rule balances the need to protect personal safety with the 
need to enforce existing laws and regulations against the mailing of 
nonmailable firearms, and protects personal privacy in the use of the 
mails. As envisioned by the rule, when the Chief Postal Inspector 
determines that a credible threat exists that certain mail may contain 
nonmailable firearms, the Chief may authorize the use of technology 
that is capable of identifying mail containing such firearms in order 
to obtain probable cause for the issuance of a Federal warrant to 
search and seize such mail. The rule would not permit any screening 
method that would involve opening of sealed mail, or the reading of the 
contents of correspondence in sealed mail, without the consent of the 
sender or addressee or under authority of a Federal warrant. Moreover, 
the only screening which may be authorized must be limited to the least 
quantity of mail necessary to respond to the threat and the screening 
must be performed without avoidable delay of the mail. Any mail not of 
sufficient weight, for example, to contain a nonmailable firearm will 
not be screened. In addition, international transit mail will not be 
screened unless the postal treaties are appropriately amended. Sworn 
reports of all screening methods conducted by, or under supervision of, 
the Postal Service would be reported to senior postal managers. In view 
of these factors, the Postal Service has determined that this change in 
its regulations is a matter of internal practice and procedure that 
will not substantially affect the rights or obligations of private 
parties.

List of Subjects in 39 CFR Part 233

    Law enforcement, Postal Service.

    Accordingly, title 39 CFR, Part 233, is amended as follows:

PART 233--INSPECTION SERVICE/INSPECTOR GENERAL AUTHORITY

    1. The authority citation for part 233 continues to read as 
follows:

    Authority: 39 U.S.C. 101, 401, 402, 403, 404, 406, 410, 411, 
3005(e)(1); 12 U.S.C. 3401-3422; 18 U.S.C. 981, 1956, 1957, 2254, 
3061; 21 U.S.C. 881; Inspector General Act of 1978, as amended (Pub. 
L. No. 95-452, as amended), 5 U.S.C. App. 3.

    2. Part 233 is amended by adding Sec. 233.11 as follows:
    233.11. Mail reasonably suspected of being dangerous to persons or 
property.
    (a) Screening of mail. When the Chief Postal Inspector determines 
that there is a credible threat that certain mail may contain a bomb, 
explosives, or other material that would endanger life or property, 
including firearms which are not mailable under Section C024 of the 
Domestic Mail Manual, the Chief Postal Inspector 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. The 
screening must be within the limits of this section and without opening 
mail that is sealed against inspection or revealing the contents of 
correspondence within mail that is sealed against inspection. The 
screening is conducted according to these requirements.
    (1) Screening of mail authorized by paragraph (a) of this section 
must be limited to the least quantity of mail necessary to respond to 
the threat.
    (2) Such screening must be done in a manner that does not avoidably 
delay the screened mail.
    (3) The Chief Postal Inspector may authorize screening of mail by 
postal employees and by persons not employed by the Postal Service 
under such instruction that require compliance with this part and 
protect the security of the mail. No information obtained from such 
screening may be disclosed unless authorized by this part.
    (4) Mail of insufficient weight to pose a hazard to air or surface 
transportation, or to contain firearms which are not mailable under 
Section C024 of the Domestic Mail Manual, and international transit 
mail must be excluded from such screening.
    (5) After screening conducted under paragraph (a) of this section, 
mail that is reasonably suspected of posing an immediate and 
substantial danger to life or limb, or an immediate and substantial 
danger to property, may be treated by postal employees as provided in 
paragraph (b) of this section.
    (6) 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 disposed of under instructions promptly 
furnished by the Inspection Service.
    (b) Threatening pieces of mail. Mail, sealed or unsealed, 
reasonably suspected of posing an immediate danger to life or limb or 
an immediate and substantial danger to property may, without a search 
warrant, be detained, opened, removed from postal custody, and 
processed or treated, but only to the extent necessary to determine and 
eliminate the danger and only if a complete written and sworn statement 
of the detention, opening, removal, or treatment, and the circumstances 
that prompted it, signed by the person purporting to act under this 
section, is promptly forwarded to the Chief Postal Inspector.
    (c) Reports. 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

[[Page 28061]]

have been authorized, is subject to disciplinary action or criminal 
prosecution or both.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 96-13831 Filed 6-3-96; 8:45 am]
BILLING CODE 7710-12-P