[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 [www.gpo.gov]
[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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