[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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