[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Rules and Regulations]
[Pages 51976-51978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13425]
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POSTAL SERVICE
39 CFR Part 111
Customs Declaration Exceptions
AGENCY: Postal ServiceTM.
ACTION: Final rule.
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SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]), in various
sections, to delete the ``known mailer'' and ``official mail''
exceptions for customs declarations for mail to, from, or between
overseas U.S. military and diplomatic Post Office[supreg] addresses.
DATES: Effective: September 29, 2024.
FOR FURTHER INFORMATION CONTACT: Vlad Spanu at (202) 268-4180 or Kathy
Frigo at (202) 268-4178.
SUPPLEMENTARY INFORMATION: On May 10, 2023, the Postal Service
published a notice of proposed rulemaking (88 FR 30068) to delete
section 703.2.3.9, ``Customs Declarations--Exceptions,'' to align
Postal Service regulations with current customs policy.
The Postal Service also proposed to make minor revisions to the
text in sections 608.2.4.4 and 703.2.3.8 to align with deleting section
703.2.3.9.
Additionally, due to deleting section 703.2.3.9, the Postal Service
is renumbering current sections 703.2.3.10 through 703.2.3.13,
respectively, and revising the introductory text in renumbered section
703.2.3.10.
Responses to Comments
The Postal Service received nine formal comments on the May 10,
2023, proposed rule. Two commenters concurred without comment, and
seven commenters cited concerns to the proposed rule.
The comments received and the Postal Service's responses area as
follows:
Comment: Two commenters said that they felt the current ``known
mailer'' and ``official mail'' exceptions wording should not be amended
for mail sent to or from overseas military and diplomatic Post Office
addresses since the change could prevent mailing classified materials.
The commenters also indicated that providing detailed descriptions on
the customs form could identify secret and sensitive contents.
In addition, the commenters noted that they send and receive
documents and equipment currently considered as ``official mail'' from
military locations and utilize a general description to deter rifling
or theft. In support, one of the two commenters cited a reference from
the Department of Defense Manual 5200.01-V3 Enclosure 4: ``Preparation
of Material for Shipment: (3) Do not place a classification marking or
any other unusual marks on the outer envelope or container that might
invite special attention to the fact that the contents are
classified.''
For these reasons, both commenters said that they felt that
instituting the proposed rule would hinder investigations and clearance
adjudications missions, ultimately stagnating the nation's trusted
workforce, and adversely impacting governmental departments. The
commenters further indicated that continued use of the Postal Service
for classified mail is contingent upon official mail to move freely
without unnecessary roadblocks to meet critical mission requirements.
USPS Response: The Postal Service requires the information senders
provide on customs declaration forms to be electronically transmitted
to USPS before the package enters the Postal Service network. By using
the electronic customs declaration data, risk assessment tools, and
data analytics, the United States Postal Inspection Service (USPIS)
identifies packages with a potential risk to national security or the
safety of the Postal Service mail stream.
The detailed descriptions' section of the Customs Declaration Form
and Advance Electronic Data (AED) are used to provide a list of the
contents within the package. The Postal Service does not have rules
that require the disclosure of whether the contents are sensitive or
confidential, nor a requirement to provide such marking on the exterior
package that would reveal the national-security-classification level of
the contents.
Comment: Like the previous comment, three commenters said that they
felt the current ``known mailer'' and ``official mail'' exceptions
wording should not be amended for mail sent to or from overseas
military and diplomatic Post Office addresses since the change could
prevent mailing sensitive or classified materials if the contents are
required to be disclosed as such on the customs declaration form.
One of the two commenters also indicated that requiring a detailed
description for unclassified materials poses a potential of identifying
other mail as sensitive or classified based on the sole ``documents''
description.
The commenters further indicated that it would not be an issue if
the Postal Service continued to accept a general description, such as
``documents'' for the description of sensitive or classified documents
and equipment. One commenter further indicated that mailing classified
documents would be contingent upon the allowance of using ``documents''
as the descriptor for all official mail.
USPS Response: Similar to the previous responses, there is no
requirement to identify ``secret,'' ``sensitive,'' ``classified,'' or
any other such distinction. For non-dutiable documents, the level of
detail that would most often be expected to be adequate is
``documents.''
Comment: One commenter did not oppose removing the ``known mailer''
and ``official mail'' exemptions for
[[Page 51977]]
customs declaration forms for mail addressed to international
addresses, but did oppose removing the exemption for mail addressed to
and from overseas military and diplomatic Post Office addresses. The
commenter felt that the exemption allows mail sent in an official
capacity to move freely and for the most part without unnecessary
roadblocks to meet critical mission requirements, and also provides the
ability to conceal contents that could potentially be of a sensitive
nature.
USPS Response: Similar to previous responses, the Postal Service
requires the information senders provide on customs declaration forms
to be electronically transmitted to USPS before the package enters the
Postal Service network. By using the electronic customs declaration
data, risk assessment tools, and data analytics, the USPIS identifies
packages with a potential risk to national security or the safety of
the Postal Service mail stream.
There is no Postal Service requirement to identify a non-dutiable
document as classified or sensitive on the customs declaration form or
on the exterior of the package and, therefore, would not reveal the
national security classification level of the contents.
Comment: One commenter opposed amending the ``known mailer'' and
``official mail'' exceptions for mail to or from overseas military and
diplomatic Post Office addresses since it would cause a change to
current procedures, requiring time to educate their personnel and the
communities they support on the new procedures. The commenter further
indicated that U.S. Government entities should not be subjected to
providing information on the customs declaration form or markings on
the outer envelope or box since it could allude to the contents as
confidential or classified material and cited a reference from the
Department of Defense Manual 5200.01-V3 Enclosure 4: ``Preparation of
Material for Shipment: (3) Do not place a classification marking or any
other unusual marks on the outer envelope or container that might
invite special attention to the fact that the contents are
classified.''
USPS Response: As indicated in previous responses, there is no
requirement to identify ``secret'' or ``sensitive'' or ``classified''
or any other such distinction. The ``detail'' description that would
most often be expected to be adequate is ``documents.''
In addition, the Postal Service is simultaneously implementing
associated changes to the International Mail Manual (IMM[supreg]) under
separate cover, eliminating the ``known mailer'' and ``official mail''
exceptions for mail in the international Postal Service network to
conform to international law requirements for customs forms and data,
which do not allow such exceptions.
Given these necessary changes for international mail, the changes
to the DMM will also promote uniformity in how mail originating in the
United States and destined for overseas is inducted, screened, and
processed, thus simplifying operational processes and avoiding customer
confusion.
Comment: Two commenters responded as ``Concurred without comment.''
USPS Response: The Postal Service thanks those commenters for the
feedback and appreciates the support of this change.
The Postal Service adopts the described changes to Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM), incorporated by reference in the Code of Federal Regulations.
The Postal Service will publish an appropriate amendment to 39 CFR
part 111 to reflect the changes.
In a separate rule, the Postal Service will also revise associated
revisions to the International Mail Manual (IMM).
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR part 111 is amended as follows:
PART 111--[AMENDED]
0
1. The authority citation for 39 CFR part 111 continues 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, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.
0
2. Revise Mailing Standards of the United States Postal Service,
Domestic Mail (DMM), as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
600 Basic Standards for All Mailing Services
* * * * *
608 Postal Information and Resources
* * * * *
2.0 Domestic Mail
* * * * *
2.4 Customs Forms Required
* * * * *
2.4.4 Overseas Military Mail
[Revise the text of 2.4.4 to read as follows:]
For determining customs declarations' required usage when mailing
to or from APO, FPO, or DPO addresses, see 703.2.3.6 through 703.2.3.8.
* * * * *
700 Special Standards
703 Nonprofit USPS Marketing Mail and Other Unique Eligibility
* * * * *
2.0 Overseas Military and Diplomatic Post Office Mail
* * * * *
2.3 General Restrictions
* * * * *
2.3.8 Customs Declarations--Required Usage
[Revise the introductory text of 2.3.8 to read as follows:]
In accord with the procedures provided in 2.3.6, customs
declarations forms are required for use on shipments to or from APO/
FPO/DPO locations as follows:
[Revise the text of item a. to read as follows:]
a. Priority Mail Express mailpieces addressed to or from an APO,
FPO, or DPO location must bear a properly completed computer-generated
PS Form 2976-B, Priority Mail Express International Shipping Label and
Customs Form, regardless of weight, value, or contents.
[Revise the introductory text of item b. to read as follows:]
b. All other mailpieces addressed to or from an APO, FPO, or DPO
location must bear a properly completed computer-generated PS Form
2976, Customs Declaration CN22--Sender's Declaration, or, if the
customer prefers, a properly completed computer-generated PS Form 2976-
A, Customs Declaration and Dispatch Note--CP 72, if either of the
following conditions applies:
* * * * *
[Delete 2.3.9, ``Customs Declarations--Exceptions,'' in its
entirety and renumber current 2.3.10 through 2.3.13 as 2.3.9 through
2.3.12.]
* * * * *
2.3.10 Items Not Eligible for Deposit or Pickup
[Revise the introductory text of renumbered 2.3.10 to read as
follows:]
[[Page 51978]]
Customers must present the following items requiring a customs form
to an employee at a Post Office retail service counter. The Postal
Service will return these improperly presented items to the sender for
proper entry and acceptance:
* * * * *
Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024-13425 Filed 6-20-24; 8:45 am]
BILLING CODE 7710-12-P