[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Pages 28059-28061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13831]
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POSTAL SERVICE
39 CFR Part 233
Screening of Mail Reasonably Suspected of Containing Nonmailable
Firearms
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: On February 28, 1996, the Postal Service published in the
Federal Register a 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. The proposed rule requested comments, but none were received.
Consequently, the Postal Service hereby publishes this final rule.
EFFECTIVE DATE: June 4, 1996.
FOR FURTHER INFORMATION CONTACT: George C. Davis, (202) 268-3076.
SUPPLEMENTARY INFORMATION: This document creates a new subsection
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
[[Page 28060]]
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 Administrative Support
Manual allowed the examination of mail only to identify explosives or
other materials that would pose a danger to life or property. This 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 United States
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 they remain applicable today. See 55
FR 29637 (July 20, 1990).
Taking these constraints into account, this rule authorizes 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.
This rule balances the need to protect personal safety with the
need to enforce existing laws and regulations against the mailing of
nonmailable firearms, and protects personal privacy in the use of the
mails. As envisioned by the rule, when the Chief Postal Inspector
determines that a credible threat exists that certain mail may contain
nonmailable firearms, the Chief 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 these factors, the Postal Service has determined that this change in
its regulations is a matter of internal practice and procedure that
will not substantially affect the rights or obligations of private
parties.
List of Subjects in 39 CFR Part 233
Law enforcement, Postal Service.
Accordingly, title 39 CFR, Part 233, is 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:
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 a bomb,
explosives, or other material that would endanger life 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. 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
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 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
[[Page 28061]]
have been authorized, is subject to disciplinary action or criminal
prosecution or both.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 96-13831 Filed 6-3-96; 8:45 am]
BILLING CODE 7710-12-P
