[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Proposed Rules]
[Pages 7452-7453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4552]
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POSTAL SERVICE
39 CFR Part 233
Screening of Mail Reasonably Suspected of Containing Nonmailable
Firearms
AGENCY: Postal Service.
ACTION: Proposed rule.
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SUMMARY: The Postal Service hereby requests comments on its proposed
regulation outlining the treatment of mail which is reasonably
suspected of being dangerous to persons or property. The rule also
contains language which allows for the screening of mail reasonably
suspected of containing nonmailable firearms.
EFFECTIVE DATE: Comments must be received on or before March 29, 1996.
ADDRESSES: Written comments should be directed to Chief Counsel,
Enforcement, Law Department, U.S. Postal Service, Room 6319, 475
L'Enfant Plaza SW, Washington, DC 20260-1148. Copies of all written
comments will be available at this address for inspection and
photocopying between 9 a.m. and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: George C. Davis (202) 268-3076.
SUPPLEMENTARY INFORMATION: This document creates a new 233.11 of title
39, Code of Federal Regulations, to include the requirements for the
treatment of mail which is reasonably suspected of being dangerous to
persons or property. This rule is currently contained in the
Administrative Support Manual (ASM) as part 274, but this publication
will make it more widely available to the public.
Sections 233.11(a) and (a)(4) contain new language which allows for
the screening of mail reasonably suspected of containing nonmailable
firearms. Formerly, part 274 of the ASM allowed the examination of mail
only to identify explosives or other materials that would pose a danger
to life or property. This (proposed) rule would expand the existing
rule to permit screening for nonmailable firearms under the same
restrictions respecting mail privacy and delay.
The Postal Service has been advised by the Honorable Pedro Rosello,
Governor of Puerto Rico, that illegal firearms entering Puerto Rico by
various means, including the mails, pose a serious threat to the safety
of citizens of Puerto Rico. This information has been confirmed in
meetings with the Attorney General of Puerto Rico, local and federal
law enforcement officials, and officials of the U.S. Department of
Justice.
Practical and legal constraints limit our ability to ensure that
the mails are free of nonmailable firearms. These constraints were
summarized in the Federal Register at the time the rule permitting
limited screening of mail reasonably suspected of containing dangerous
matter was initially proposed and remain applicable today. See 55 FR
29637 (July 20, 1990).
Taking these constraints into account, this (proposed rule) would
authorize the least intrusive, least dilatory response to credible
situations where firearms already declared ``nonmailable'' by statute
or regulation are reasonably suspected of being in the mails.
Nonmailable firearms are defined in Section C024.1.0 of the Domestic
Mail Manual. They consist, primarily, of pistols, revolvers, and other
concealable firearms. Unloaded rifles and shotguns are mailable,
although the provisions of the Gun Control Act of 1968, 18 U.S.C. 921,
et seq. and regulations of the Bureau of Alcohol, Tobacco and Firearms
apply to the shipment of such weapons by mail or otherwise.
The proposed rule would attempt to balance the need to protect
personal safety, enforce existing laws, and regulations against the
mailing of nonmailable firearms, and protect personal privacy in the
use of the mails. As envisioned by the proposed rule, when the chief
postal inspector determines that a credible threat exists that certain
mail might contain nonmailable firearms, the inspector may authorize
the use of technology that is capable of identifying mail containing
such firearms in order to obtain probable cause for the issuance of a
Federal warrant to search and seize such mail. The rule would not
permit any screening method that would involve opening of sealed mail
or the reading of the contents of correspondence in sealed mail,
without the consent of the sender or addressee or under authority of a
Federal warrant. Moreover, the only screening which may be authorized
must be limited to the least quantity of mail necessary to respond to
the threat, and the screening must be performed without avoidable delay
of the mail. Any mail not of sufficient weight, for example, to contain
a nonmailable firearm will not be screened. In addition, international
transit mail will not be screened unless the postal treaties are
appropriately amended. Sworn reports of all screening methods conducted
by, or under supervision of, the Postal Service would be reported to
senior postal managers.
In view of the matters discussed above, although exempt from the
notice and comment requirements of the Administrative Procedure Act (5
U.S.C. 553(b), (c)) regarding proposed rule making by 39 U.S.C. 410(a),
the Postal Service invites comments on the following proposed new
section 233.11 of title 39, Code of Federal Regulations.
List of Subjects in 39 CFR Part 233
Law enforcement, Postal Service.
Accordingly, title 39 CFR, part 233, is proposed to be amended as
follows:
PART 233--INSPECTION SERVICE/INSPECTOR GENERAL AUTHORITY
1. The authority citation for part 233 continues to read as
follows:
Authority: 39 U.S.C. 101, 401, 402, 403, 404, 406, 410, 411,
3005(e)(1); 12 U.S.C. 3401-3422; 18 U.S.C. 981, 1956, 1957, 2254,
3061; 21 U.S.C. 881; Inspector General Act of 1978, as amended (Pub.
L. No. 95-452, as amended), 5 U.S.C. App. 3.
2. Part 233 is amended by adding Sec. 233.11 as follows:
Sec. 233.11 Mail reasonably suspected of being dangerous to persons or
property.
(a) Screening of mail. When the Chief Postal Inspector determines
that there is a credible threat that certain mail may contain bombs,
explosives, or other material that would endanger lives or property,
including firearms which are not mailable under section C024 of the
Domestic Mail Manual, the Chief Postal Inspector 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.
[[Page 7453]]
The screening must be within the limits of this section and without
opening mail that is sealed against inspection or revealing the
contents of correspondence within mail that is sealed against
inspection. The screening is conducted according to these requirements.
(1) Screening of mail authorized by paragraph (a) of this section
must be limited to the least quantity of mail necessary to respond to
the threat.
(2) Such screening must be done in a manner that does not avoidably
delay the screened mail.
(3) The Chief Postal Inspector may authorize screening of mail by
postal employees and by persons not employed by the Postal Service
under such instruction that require compliance with this part and
protect the security of the mail. No information obtained from such
screening may be disclosed unless authorized by this part.
(4) Mail of insufficient weight to pose a hazard to air or surface
transportation or to contain firearms which are not mailable under
section C024 of the Domestic Mail Manual and international transit mail
must be excluded from such screening.
(5) After screening conducted under paragraph (a) of this section,
mail that is reasonably suspected of posing an immediate and
substantial danger to life or limb, or an immediate and substantial
danger to property, may be treated by postal employees as provided in
paragraph (b) of this section.
(6) After screening, mail sealed against inspection that presents
doubt about whether its contents are hazardous, that cannot be resolved
without opening, must be reported to the Postal Inspection Service.
Such mail must be disposed of under instructions promptly furnished by
the Inspection Service.
(b) Threatening pieces of mail. Mail, sealed or unsealed,
reasonably suspected of posing an immediate danger to life or limb or
an immediate and substantial danger to property may, without a search
warrant, be detained, opened, removed from postal custody, and
processed or treated, but only to the extent necessary to determine and
eliminate the danger and only if a complete written and sworn statement
of the detention, opening, removal, or treatment, and the circumstances
that prompted it, signed by the person purporting to act under this
section, is promptly forwarded to the Chief Postal Inspector.
(c) Reports. 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.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 96-4552 Filed 2-26-96; 8:45 am]
BILLING CODE 7710-12-P
