Mail Screening Regulations

AGENCY:

Postal Service.

ACTION:

Final rule.

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, arjordan@uspis.gov, (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 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

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: