Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 53221 

the Federal Register. 39 CFR 111.3. As 

an additional reference, the Postal 

Service developed Publication 52, 

Hazardous, Restricted, and Perishable 

Mail. 

On July 28, 2014, as part of a 

continuing initiative to reduce the size 

of the DMM, the Postal Service removed 

from that publication the detailed 

mailing standards relating to hazardous, 

restricted, and perishable materials. In 

place of these detailed provisions, 

revised DMM 601.8.0 advised that 

mailing standards specific to hazardous, 

restricted, and perishable mail would be 

incorporated into Publication 52, and 

could be found on the Postal Explorer 

website at pe.usps.com. The Postal 

Service subsequently promulgated new 

regulations incorporating an edition of 

Publication 52 by reference into 39 CFR 

113.2. See 83 FR 1189 (2018). 

The Postal Service, in consultation 

with the Office of the Federal Register, 

has determined that clarification of the 

status of Publication 52 would be 

helpful, particularly in order to ensure 

that changes to Publication 52 are 

comprehensively noticed in the Federal 

Register. To that end, the Postal Service 

hereby makes certain changes to its 

rules. 

First, DMM section 601.8.1 is 

amended to clarify that the substantive 

mailability rules in Publication 52, as in 

effect and available on the Postal 

Service’s website at any given time, are 

incorporated by reference into that 

DMM section. 

Second, 39 CFR 211.2(a) will be 

amended to clarify that Publication 52 

contains regulations of the Postal 

Service. In connection with this change, 

language in 39 CFR 211.2(a) regarding 

publication in the Federal Register and 

Code of Federal Regulations will be 

moved to more clearly express the 

intent that any regulations of the Postal 

Service may, where appropriate, be 

published in those outlets. Moreover, 39 

CFR 211.2(a)(3) is expanded somewhat 

to clarify that Publications and 

Memoranda of Policy may also qualify 

as regulations, and that status as 

regulations depends not on the formal 

designation of a document, but on its 

statement of binding rules of future 

effect beyond those stated elsewhere in 

Postal Service regulations. 

Third, 39 CFR part 113, which 

includes the incorporation by reference 

of Publication 52 (39 CFR 113.2), is 

removed. The temporary rules in 39 

CFR 113.3 regarding COVID–19 related 

Category B infectious substances are 

duplicative of rules in Publication 52, 

and so it is unnecessary to maintain 

such rules in the Code of Federal 

Regulations. Compare 85 FR 23745 with 

Postal Bulletin 22544 (Apr. 23, 2020), at 

6–7 (amending Publication 52 appendix 

C, USPS Packaging Instruction 6C). 

List of Subjects 

39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

39 CFR Part 113 

Administrative practice and 

procedure, Hazardous substances, Postal 

service. 

39 CFR Part 211 

Administrative practice and 

procedure, Postal Service. 

Accordingly, for the reasons stated, 

the Postal Service amends 39 CFR parts 

111, 113, and 211 as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 is revised to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401–404, 414, 416, 3001–3018, 3201–3220, 

3401–3406, 3621, 3622, 3626, 3629, 3631– 

3633, 3641, 3681–3685, and 5001. 

■ 2. Revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

600 Basic Standards for All Mailing 

Services 

601 Mailability 

* * * * * 

8.0 Hazardous, Restricted, and 

Perishable Mail 

8.1 General 

Effective July 7, 2014, all content 

applicable to hazardous, restricted, or 

perishable mail was removed and 

incorporated into Publication 52, 

Hazardous, Restricted, and Perishable 

Mail. The contents of Publication 52, as 

in effect and available on the Postal 

Service website at the relevant time, are 

incorporated by reference into this 

section. 

* * * * * 

PART 113—[REMOVED] 

■ 3. Under the authority of 39 U.S.C. 

401(2), remove part 113. 

PART 211—APPLICATION OF 

REGULATIONS 

■ 4. The authority citation for part 211 

is revised to read as follows: 

Authority: 39 U.S.C. 201, 202, 205, 401– 

404, 406, 407, 410, 411, 413, 414, 416, 1001– 

1011, 1201–1209, 2008–2010, 2201, 2601– 

2605, 2901–2902, 3001–3018, 3201–3220, 

3401–3406, 3621–3629, 3631–3633, 3641, 

3654, 3681–3685, 3691, 5001–5007, 5401– 

5403, 5601–5605; 39 U.S.C. note. 

■ 5. Amend § 211.2 by revising the 

introductory text to paragraph (a) and 

paragraphs (a)(2) and (3) to read as 

follows: 

§ 211.2 Regulations of the Postal Service. 

(a) The regulations of the Postal 

Service consist of the following, any of 

which may, but are not required to, be 

published in the Federal Register and 

the Code of Federal Regulations: 

* * * * * 

(2) The Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual; the Postal Operations 

Manual; the Administrative Support 

Manual; the Employee and Labor 

Relations Manual; the Financial 

Management Manual; the International 

Mail Manual; those portions of Chapter 

2 of the former Postal Service Manual 

and chapter 7 of the former Postal 

Manual retained in force; and 

Publication 52, Hazardous, Restricted, 

and Perishable Mail; and 

(3) Headquarters Circulars, 

Management Instructions, Regional 

Instructions, Handbooks, Memoranda of 

Policy, Publications, delegations of 

authority, and other regulatory 

issuances and directives of the Postal 

Service or the former Post Office 

Department, to the extent that such 

documents state binding rules of future 

effect beyond those stated in other 

regulations of the Postal Service then in 

effect. 

* * * * * 

Joshua J. Hofer, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2021–20425 Filed 9–24–21; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

39 CFR Part 233 

Mail Screening Regulations 

AGENCY: Postal Service. 

ACTION: Final rule. 

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 


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53222 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 

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, 

arjordan@uspis.gov, (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 

■ 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. 

■ 2. Revise § 233.11 to read as follows: 

§ 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 


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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 53223 

1 86 FR 24809 (May 10, 2021). The West Mojave 

Desert consists of the northeast portion of Los 

Angeles County and the southwest portion of San 

Bernardino County. For a precise definition of the 

boundaries of the West Mojave Desert 2008 ozone 

nonattainment area, see 40 CFR 81.305. 

2 In accordance with CAA section 181(a)(1), 40 

CFR 51.1102 and 51.1103(a), nonattainment areas 

classified as Severe-15 must attain the NAAQS 

within 15 years of the effective date of the 

nonattainment designation. 

3 ‘‘AVAQMD Federal 75 ppb Ozone Attainment 

Plan (Western Mojave Desert Nonattainment Area),’’ 

adopted on March 21, 2017, ‘‘MDAQMD Federal 75 

ppb Ozone Attainment Plan (Western Mojave Desert 

Nonattainment Area),’’ adopted on February 27, 

2017, and ‘‘CARB Review of the Mojave Desert 

AQMD and Antelope Valley AQMD Federal 75 ppb 

Ozone Attainment Plans for the Western Mojave 

Desert Nonattainment Area,’’ released April 21, 

2017. 

4Letter dated December 5, 2018, from Richard 

Corey, Executive Officer, CARB, to Mike Stoker, 

Regional Administrator, EPA Region IX, and 

electronically transmitted to the EPA’s State 

Planning Electronic Collaboration System on 

December 11, 2018. 5South Coast Air Quality Management District v. 

EPA, 882 F.3d 1138 (D.C. Cir. 2018). The term 

‘‘South Coast II’’ is used in reference to the 2018 

court decision to distinguish it from a decision 

published in 2006 also referred to as ‘‘South Coast.’’ 

The earlier decision involved a challenge to the 

EPA’s Phase 1 implementation rule for the 1997 

ozone NAAQS. South Coast Air Quality 

Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 

2006). 

6 2008 Ozone SRR, 80 FR 12264, 12283 (March 6, 

2015). 7Bahr v. EPA, 836 F.3d 1218 (9th Cir. 2016). In 

this case, the court rejected the EPA’s longstanding 

interpretation of CAA section 172(c)(9) as allowing 

for early implementation of contingency measures. 

The court concluded that a contingency measure 

must take effect at the time the area fails to make 

RFP or attain by the applicable attainment date, not 

before. See also Sierra Club v. EPA, 985 F.3d 1055 

(D.C. Cir. 2021), reaching a similar decision. These 

cases are addressed below in Section III.G of this 

document. 

8See, e.g., 84 FR 11198 (March 25, 2019) (final 

approval of the San Joaquin Valley portion of the 

2018 SIP Update) and 84 FR 52005 (October 1, 

2019) (final approval of the South Coast portion of 

the 2018 SIP Update). 

9CARB withdrew the 2016 WMD Attainment 

Plan RFP demonstration in a letter dated December 

18, 2019, from Richard Corey, Executive Officer, 

CARB, to Michael Stoker, Regional Administrator, 

EPA Region IX. 

10The 1-hour ozone NAAQS is 0.12 parts per 

million (ppm) (one-hour average), the 1997 ozone 

Continued 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0254; FRL–8727–02– 

R9] 

Clean Air Plans; 2008 8-Hour Ozone 

Nonattainment Area Requirements; 

West Mojave Desert, California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of state 

implementation plan (SIP) revisions 

submitted by the State of California to 

meet Clean Air Act (CAA or ‘‘Act’’) 

requirements for the 2008 8-hour ozone 

national ambient air quality standards 

(NAAQS or ‘‘standards’’) in the Los 

Angeles-San Bernardino Counties (West 

Mojave Desert), California ozone 

nonattainment area (‘‘West Mojave 

Desert’’ or WMD). The SIP revisions 

address the ‘‘Severe-15’’ nonattainment 

area requirements for the 2008 ozone 

NAAQS, including the requirements for 

emissions inventories, attainment 

demonstration, reasonable further 

progress, reasonably available control 

measures, and contingency measures, 

among others; and establishes motor 

vehicle emissions budgets. The EPA is 

approving the SIP revisions as meeting 

all the applicable ozone nonattainment 

area requirements, except for the 

contingency measures requirement, for 

which the EPA is deferring action. 

DATES: This rule is effective on October 

27, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0254. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Tom 

Kelly, Air Planning Office (AIR–2), EPA 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105, (415) 972–3856, or 

by email at kelly.thomasp@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

I. Summary of the Proposed Action 

On May 10, 2021, the EPA proposed 

to approve, under CAA section 

110(k)(3), and to conditionally approve, 

under CAA section 110(k)(4), two SIP 

submittals from the California Air 

Resources Board (CARB) addressing 

planning obligations for the West 

Mojave Desert 1 as a Severe-15 

nonattainment area for the 2008 ozone 

NAAQS.2 The first, submitted June 2, 

2017, includes attainment plans 

prepared by the Antelope Valley Air 

Quality Management District 

(AVAQMD) and the Mojave Desert Air 

Quality Management District 

(MDAQMD) (collectively, ‘‘Districts’’), 

an accompanying staff report prepared 

by CARB (‘‘CARB Staff Report’’), and 

other supporting documents.3 We refer 

to all the documents submitted to the 

EPA on June 2, 2017, as the ‘‘2016 WMD 

Attainment Plan.’’ 

The second submittal, sent on 

December 11, 2018, is the ‘‘2018 

Updates to the California State 

Implementation Plan’’ (‘‘2018 SIP 

Update’’).4 CARB adopted the 2018 SIP 

Update on October 25, 2018. CARB 

developed the 2018 SIP Update in 

response to the court’s decision in 

South Coast II 5 vacating the 2008 Ozone 

SIP Requirements Rule (‘‘2008 Ozone 

SRR’’) 6 with respect to the use of an 

alternate baseline year for 

demonstrating reasonable further 

progress (RFP), and to address 

contingency measure requirements in 

the wake of the decision by the Ninth 

Circuit Court of Appeals in Bahr v. EPA 

(‘‘Bahr’’).7 The 2018 SIP Update 

includes updates for eight different 

California ozone nonattainment areas. 

We have previously approved portions 

of the 2018 SIP Update related to other 

nonattainment areas.8 For the West 

Mojave Desert, the 2018 SIP Update 

includes an RFP demonstration using 

the required 2011 baseline year and 

revised motor vehicle emission budgets 

for the 2008 ozone NAAQS.9

In our proposed rule, we provided 

background information on the ozone 

standards,10 area designations, and 


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