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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations
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 233INSPECTION SERVICE
AUTHORITY
1. The authority citation for 39 CFR
part 233 continues to read as follows:

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Authority: 39 U.S.C. 101, 102, 202, 204, 401, 402, 403, 404, 406, 410, 411, 1003, 3005e1, 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. 101410, 104
Stat. 890 28 U.S.C. 2461 note; Pub. L. 104
208, 110 Stat. 3009; Secs. 106 and 108, Pub.
L. 106168, 113 Stat. 1806 39 U.S.C. 3012, 3017; Pub. L. 11474, 129 Stat. 584.

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2. Revise 233.11 to read as follows:

233.11

Mail Screening.

a Screening of Mail Transported by Aircraft1 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 senders or addressees 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 Mail1 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 senders or addressees 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 senders or addressees 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
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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 Mail1 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 d1 or d2 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
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