[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 [www.gpo.gov]
[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, 
[email protected], (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