Mail Screening Regulations, 53221-53223 [2021-20574]
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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
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
VerDate Sep<11>2014
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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 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:
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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
Postal Service.
Final rule.
AGENCY:
ACTION:
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
SUMMARY:
■
■
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.
■
39 CFR Part 113
Administrative practice and
procedure, Hazardous substances, Postal
service.
*
53221
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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
lotter on DSK11XQN23PROD with RULES1
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–
VerDate Sep<11>2014
16:20 Sep 24, 2021
Jkt 253001
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
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Fmt 4700
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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
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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
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SUMMARY:
VerDate Sep<11>2014
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Jkt 253001
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
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.
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53223
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
4 Letter 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.
5 South 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).
7 Bahr 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.
8 See, 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).
9 CARB 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.
10 The 1-hour ozone NAAQS is 0.12 parts per
million (ppm) (one-hour average), the 1997 ozone
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27SER1
]]>Agencies
[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]
-----------------------------------------------------------------------
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
[[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,
[email protected], (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
