> **15792 Federal Register** / Vol. 70, No. 59 / Tuesday, March 29, 2005
> / Proposed Rules
>
> Dated: March 18, 2005.
>
> **James Newsom,**
>
> *Acting Regional Administrator, Region III.*
>
> \[FR Doc. 05--6198 Filed 3--28--05; 8:45 am\]
>
> **BILLING CODE 6560--50--P**
>
> **GENERAL SERVICES ADMINISTRATION**
>
> **41 CFR Parts 101--48 and 102--41**
>
> **\[FPMR 2004--101--1\]**
>
> **\[FMR 2004--102--2\] RIN 3090--AH11**
>
> **Federal Property Management Regulations; Disposition of Seized,
> Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property**
>
> **AGENCY:** Office of Governmentwide
>
> Policy, General Services Administration
>
> (GSA).
>
> **ACTION:** Proposed rule.
>
> **SUMMARY:** The General Services Administration (GSA) is proposing to
> amend the Federal Property Management Regulations (FPMR) by revising
> coverage on utilization, donation, or disposal of abandoned and
> forfeited personal property and moving it into the Federal Management
> Regulation (FMR). A cross-reference is added to the FPMR to direct
> readers to the coverage in the FMR. The FMR coverage is written in
> plain language to provide agencies with updated regulatory material
> that is easy to read and understand.
>
> **DATES:** Interested parties should submit comments in writing on or
> before April
>
> 28, 2005, to be considered in the formulation of a final rule.
> **ADDRESSES:** Submit comments
>
> identified by FPMR case 2004--101--1 by any of the following methods:
>
> Federal eRulemaking Portal: *http:// www.regulations.gov*. Follow the
> instructions for submitting comments.
>
> Agency Web Site: *http:// www.acqnet.gov/far/ProposedRules/
> proposed.htm*. Click on the FPMR case number to submit comments.
>
> E-mail: *fpmrcase.2004--101--*
>
> *1@gsa.gov*. Include FPMR case 2004--
>
> 101--1 in the subject line of the message.
>
> Fax: 202--501--4067.
>
> Mail: General Services
>
> Administration, Regulatory Secretariat
>
> (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington,
> DC
>
> 20405\.
>
> *Instructions:* Please submit comments only and cite FPMR case
> 2004--101--1 in all correspondence related to this case. All comments
> received will be posted

without change to *http:// www.acqnet.gov/far/ProposedRules/
proposed.htm*, including any personal information provided.

**FOR FURTHER INFORMATION CONTACT:** The Regulatory Secretariat, Room
4035, GS Building, Washington, DC, 20405, at

\(202\) 208--7312 for information pertaining to status or publication
schedules. For clarification of content, contact Robert A. Holcombe,
Director, Personal Property Management Policy Division (MTP), at (202)
501--3828, or Internet e-mail at *robert.holcombe@gsa.gov*. Please cite
FPMR case 2004--101--1. **SUPPLEMENTARY INFORMATION:**

**A. Background**

This proposed rule updates, streamlines, and clarifies FPMR part

101--48 and moves the part into the Federal Management Regulation (FMR).
The proposed rule is written in a plain language question and answer
format. This style uses an active voice, shorter sentences, and
pronouns. A question and its answer combine to establish a rule. The
employee and the agency must follow the language contained in both the
question and its answer.

**B. Executive Order 12866**

GSA has determined that this proposed rule is not a significant rule for
the purposes of Executive Order

12866 of September 30, 1993.

**C. Regulatory Flexibility Act**

This proposed rule is not required to be published in the **Federal
Register** for notice and comment; therefore the Regulatory Flexibility
Act, 5 U.S.C. 601, *et seq.*, does not apply.

**D. Paperwork Reduction Act**

The Paperwork Reduction Act does not apply because this proposed rule
does not impose recordkeeping or information collection requirements, or
the collection of information from offerors, contractors, or members of
the public which require the approval of the Office of Management and
Budget

(OMB) under 44 U.S.C. 3501, *et seq.* **E. Small Business Regulatory
Enforcement Fairness Act**

> This proposed rule is exempt from

Congressional review prescribed under

5 U.S.C. 801 since it relates solely to agency management and personnel.
**List of Subjects in 41 CFR Parts 101--48 and 102--41**

> Government property management.
>
> Dated: September 10, 2004.

**Becky Rhodes,**

*Acting Associate Administrator, Office of*

*Governmentwide Policy.*

**\[Editorial note:** This document was received at the Office of the
Federal Register on March 23, 2005.\]

For the reasons set forth in the preamble, GSA proposes to amend 41

CFR chapters 101 and 102 as follows: **CHAPTER 101---FEDERAL PROPERTY
MANAGEMENT REGULATIONS**

1\. Part 101--48 is revised to read as follows:

**PART 101--48---UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND
FORFEITED PERSONAL PROPERTY**

> **Authority:** 40 U.S.C. 121(c).

**§ 101--48.000 Cross-reference to the**

**Federal Management Regulation (FMR) (41**

**CFR chapter 102, parts 102--1 through 102--**

**220).**

For information on the disposition of seized, forfeited, voluntarily
abandoned, and unclaimed personal property, see FMR part 102--41 (41 CFR
part 102--41). **CHAPTER 102---FEDERAL MANAGEMENT REGULATION**

2\. Part 102--41 is added to subchapter B of chapter 102 to read as
follows: **PART 102--41---DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY
ABANDONED, AND UNCLAIMED PERSONAL PROPERTY**

Sec.

**Subpart A---General Provisions**

102--41.5 What does this part cover?

102--41.10 To whom do ''we'', ''you'', and their variants refer?

102--41.15 How do we request a deviation from these requirements and who
can approve it?

**Definitions**

102--41.20 What definitions apply to this part?

**Responsibility**

102--41.25 Who retains custody and is responsible for the reporting,
care, and handling of property covered by this part?

102--41.30 What is GSA's role in the disposition of property covered by
this part?

102--41.35 Do we report to GSA all seized personal property subject to
judicial forfeiture as well as forfeited, voluntarily abandoned, or
unclaimed personal property not retained for official use?

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> **Subpart B---Seized or Forfeited Personal**
>
> **Property**
>
> 102--41.40 How is personal property forfeited?
>
> 102--41.45 May we place seized personal property into official use
> before the forfeiture process is completed?
>
> 102--41.50 May we retain forfeited personal property for official use?
>
> 102--41.55 Where do we send the reports for seized or forfeited
> personal property?
>
> 102--41.60 Are there special requirements in reporting seized or
> forfeited personal property to GSA?
>
> 102--41.65 What happens to forfeited personal property that is
> transferred or retained for official use?
>
> 102--41.70 Are transfers of forfeited personal property reimbursable?
>
> 102--41.75 May we retain the proceeds from the sale of forfeited
> personal property?
>
> **Subpart C---Voluntarily Abandoned**
>
> **Personal Property**
>
> 102--41.80 When is personal property voluntarily abandoned?
>
> 102--41.85 May we retain voluntarily abandoned personal property for
> official use?
>
> 102--41.90 What happens to voluntarily abandoned personal property
> retained for official use?
>
> 102--41.95 Where do we send the reports for voluntarily abandoned
> personal property?
>
> 102--41.100 What information do we provide when reporting voluntarily
> abandoned personal property to GSA?
>
> 102--41.105 What happens to voluntarily abandoned personal property
> when reported to GSA?
>
> 102--41.110 Are transfers of voluntarily abandoned personal property
> reimbursable?
>
> 102--41.115 May we retain the proceeds from the sale of voluntarily
> abandoned personal property?
>
> **Subpart D---Unclaimed Personal Property**
>
> 102--41.120 How long must we hold unclaimed personal property before
> disposition?
>
> 102--41.125 May we retain unclaimed personal property for official
> use?
>
> 102--41.130 What must we do when we retain unclaimed personal property
> for official use?
>
> 102--41.135 How much reimbursement do we pay the former owner when he
> or she files a claim for unclaimed personal property that we no longer
> have?
>
> 102--41.140 When do we report to GSA unclaimed personal property not
> retained for official use?
>
> 102--41.145 Where do we send the reports for unclaimed personal
> property?
>
> 102--41.150 What special information do we provide on reports of
> unclaimed
>
> personal property?
>
> 102--41.155 Is unclaimed personal property available for transfer to
> another Federal agency?
>
> 102--41.160 May we retain the reimbursement from transfers of
> unclaimed personal property?
>
> 102--41.165 May we require reimbursement for the costs incurred in the
> transfer of unclaimed personal property?

102--41.170 Is unclaimed personal property available for donation?

102--41.175 May we sell unclaimed personal property?

102--41.180 May we retain the proceeds from the sale of unclaimed
personal property?

**Subpart E---Personal Property Requiring**

**Special Handling**

102--41.185 Are there certain types of forfeited, voluntarily abandoned,
or unclaimed property that must be handled differently than other
property addressed in this part?

**Firearms**

102--41.190 May we retain forfeited, voluntarily abandoned, or unclaimed
firearms for official use?

102--41.195 How do we dispose of forfeited, voluntarily abandoned, or
unclaimed firearms not retained for official use?

102--41.200 Are there special disposal provisions for firearms that are
seized and forfeited for a violation of the National Firearms Act?

**Forfeited Distilled Spirits, Wine, and Beer**

102--41.205 Do we report all forfeited distilled spirits, wine, and beer
to GSA for disposal?

**Drug Paraphernalia**

102--41.210 What are some examples of drug paraphernalia?

102--41.215 Do we report to GSA all forfeited, voluntarily abandoned, or
unclaimed drug paraphernalia not required for official use?

102--41.220 Is drug paraphernalia forfeited under 21 U.S.C. 863
available for transfer to other Federal agencies or donation through a
State agency for surplus property (SASP)?

102--41.225 Are there special provisions to reporting and transferring
drug paraphernalia forfeited under 21 U.S.C.

> 863?

102--41.230 May SASPs pick up or store donated drug paraphernalia in
their distribution centers?

102--41.235 May we sell forfeited drug paraphernalia?

> **Authority:** 40 U.S.C. 121(c).

**Subpart A---General Provisions**

**§ 102--41.5 What does this part cover?**

\(a\) This part covers the disposal of seized, forfeited, voluntarily
abandoned, and unclaimed personal property under the custody of any
Federal agency located in the United States, the U.S. Virgin Islands,
American Samoa, Guam, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the Federated States of Micronesia, the Marshall
Islands, and Palau. Disposition of such personal property located
elsewhere must be in accordance with holding agency regulations.
Additional guidance on disposition of seized, forfeited, voluntarily
abandoned, and unclaimed personal property that requires special
handling (e.g., firearms, hazardous

materials) is contained in part 101--42 of this title. Additional
guidance on the disposition of firearms (as scrap only), distilled
spirits, wine, beer, and drug paraphernalia is provided in subpart E of
this part.

\(b\) These regulations do not include disposal of seized, forfeited,
voluntarily abandoned, and unclaimed personal property covered under
authorities outside of the following statutes:

\(1\) 40 U.S.C. 552, Abandoned or Unclaimed Property on Government
Premises;

> \(2\) 40 U.S.C. 1306, Disposition of

Abandoned or Forfeited Property;

> \(3\) 26 U.S.C. 5688, Forfeited Distilled

Spirits, Wines, and Beer;

> \(4\) 26 U.S.C. 5872, Forfeited Firearms;

and

> \(5\) 21 U.S.C. 863, Drug Paraphernalia.

**§ 102--41.10 To whom do ''we'', ''you'', and their variants refer?**

Use of pronouns ''we'', ''you'', and their variants throughout this part
refer to the agency having custody of the personal property.

**§ 102--41.15 How do we request a deviation from these requirements and
who can approve it?**

See §§ 102--2.60 through 102--2.110 of this chapter to request a
deviation from the requirements of this part. **Definitions**

**§ 102--41.20 What definitions apply to this part?**

The following definitions apply to this part:

*Beer* means an alcoholic beverage made from malted cereal grain,
flavored with hops, and brewed by slow fermentation.

> *Distilled spirits*, as defined in the

Federal Alcohol Administration Act (27

U.S.C. 211), means ethyl alcohol; hydrated oxide of ethyl; or spirits of
wine, whiskey, rum, brandy, gin, and other distilled spirits, including
all dilutions and mixtures thereof, for non- industrial use.

*Drug paraphernalia* means any equipment, product, or material primarily
intended or designed for use in manufacturing, compounding, converting,
concealing, processing, preparing, or introducing into the human body a
controlled substance in violation of the Controlled Substances Act (see
21 U.S.C. 863). It includes items primarily for use in injecting,
ingesting, inhaling, or otherwise introducing marijuana, cocaine,
hashish, hashish oil, PCP, or amphetamines into the human body.

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>
> *Eleemosynary institution* means any nonprofit health or medical
> institution that is organized and operated for charitable purposes.
>
> *Firearms* means any weapon, silencer, or destructive device designed
> to, or readily convertible to, expel a projectile by the action of an
> explosive, as defined in the Internal Revenue Code (26 U.S.C.
>
> 5845). Excludes antique firearms as defined in 26 U.S.C. 5845(g).
>
> *Forfeited property* means personal property that the Government has
> acquired ownership of through a summary process or court order
> pursuant to any law of the United States.
>
> *Seized property* means personal property that has been confiscated by
> a Federal agency, and whose care and handling will be the
> responsibility of the agency until final ownership is determined by
> the judicial process.
>
> *Unclaimed property* means personal property unknowingly abandoned and
> found on premises owned or leased by the Government, i.e., ''lost and
> found'' property.
>
> *Voluntarily abandoned property* means personal property abandoned to
> any Federal agency in a way that immediately vests title to the
> property in the Government. There must be evidence that the property
> was intentionally and voluntarily abandoned.
>
> *Wine* means the fermented juice of a plant product, as defined in 27
> U.S.C.
>
> 211\.
>
> **Responsibility**
>
> **§ 102--41.25 Who retains custody and is responsible for the
> reporting, care, and handling of property covered by this part?** You,
> the holding agency, normally retain physical custody of the property
> and are responsible for its care and handling pending final
> disposition.
>
> With the exception of property listed in
>
> § 102--41.35, you must report promptly to the General Services
> Administration forfeited, voluntarily abandoned, or unclaimed personal
> property not being retained for official use and seized property on
> which proceedings for forfeiture by court decree are being started or
> have begun. In general, the procedures for reporting such property
> parallel those for reporting excess personal property under part
> 102--36 of this subchapter B.
>
> **§ 102--41.30 What is GSA's role in the disposition of property
> covered by this part?**
>
> \(a\) *Seized property subject to court proceedings for forfeiture.*
> (1) If the seizing agency files a request for the property for its
> official use, the GSA

regional office will apply to the court for an order to turn the
property over to the agency should forfeiture be decreed. If no such
request has been filed, GSA will determine whether retention of the
property for Federal official use is in the Government's best interest,
and, if so, will apply to the court to order delivery of the property
to---

\(i\) Any other Federal agency that requests it; or

\(ii\) The seizing agency to be retained for a reasonable time in case
the property may later become necessary to any agency for official use.

\(2\) In the event that the property is not ordered by competent
authority to be forfeited to the United States, it may be returned to
the claimant.

\(b\) *Forfeited, voluntarily abandoned, or unclaimed property.* When
forfeited, voluntarily abandoned, or unclaimed property is reported to
GSA for disposal, GSA will direct its disposition by:

\(1\) Transfer to another Federal agency;

\(2\) Donation to an eligible recipient, if the property is not needed
by a Federal agency and there are no requirements for reimbursement to
satisfy the claims of owners, lien holders, or other lawful claimants;

> \(3\) Sale; or
>
> \(4\) Destruction.

**§ 102--41.35 Do we report to GSA all seized personal property subject
to judicial forfeiture as well as forfeited, voluntarily abandoned, or
unclaimed personal property not retained for official use?**

> Yes, send GSA reports of excess (see

§ 102--36.125 of this subchapter B) for all seized personal property
subject to judicial forfeiture as well as forfeited, voluntarily
abandoned, or unclaimed personal property not required for official use,
except the following, whose disposition is covered under other statutes
and authorities:

\(a\) Forfeited firearms or munitions of war seized by the Department of
Commerce and transferred to the Department of Defense (DOD) pursuant to
22 U.S.C. 401;

\(b\) Forfeited firearms directly transferable to DOD by law;

\(c\) Seeds, plants, or misbranded packages seized by the Department of
Agriculture;

> \(d\) Game animals and equipment

(other than vessels, including cargo)

seized by the Department of the Interior;

\(e\) Files of papers and undeliverable mail in the custody of the
United States Postal Service;

\(f\) Articles in the custody of the Department of Commerce Patent and
Trademark Office that are in violation of laws governing trademarks or
patents;

\(g\) Seized, forfeited, voluntarily abandoned, and unclaimed personal
property subject to U.S. Customs and Border Protection laws and
regulations;

\(h\) Property seized in payment of or as security for debts arising
under the internal revenue laws;

\(i\) Lost, abandoned, or unclaimed personal property the Coast Guard or
the military services are authorized to dispose of under 10 U.S.C. 2575;

\(j\) Property of deceased veterans left on a Government facility
subject to 38

U.S.C. 8501;

\(k\) Controlled substances reportable to the Drug Enforcement
Administration, Department of Justice, Washington, DC 20537;

\(l\) Forfeited, condemned, or voluntarily abandoned tobacco, snuff,
cigars, or cigarettes which, if offered for sale, will not bring a price
equal to the internal revenue tax due and payable thereon; and which is
subject to destruction or delivery without payment of any tax to any
hospital maintained by the Federal Government for the use of present or
former members of the military; and

\(m\) Property determined appropriate for abandonment/destruction (see

§ 102--36.305 of this subchapter B). **Subpart B---Seized or Forfeited
Personal Property**

**§ 102--41.40 How is personal property forfeited?**

Personal property that has been seized by a Federal agency may be
forfeited through court decree (judicial forfeiture) or administratively
forfeited if the agency has specific authority without going through the
courts.

**§ 102--41.45 May we place seized personal property into official use
before the forfeiture process is completed?**

No, property under seizure and pending forfeiture cannot be placed into
official use until a final determination is made to vest title in the
Government.

**§ 102--41.50 May we retain forfeited personal property for official
use?**

Yes, you may retain for official use personal property forfeited to your
agency, except for property you are required by law to sell. Retention
of large sedans and limousines for official use is only authorized under
the provisions of part 102--34 of this subchapter B. Except for the
items noted in § 102--41.35, report to GSA all forfeited personal
property not being retained for official use.

**§ 102--41.55 Where do we send the reports for seized or forfeited
personal property?**

\(a\) Except for the items noted in paragraph (b) of this section,
report

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**15795**

> seized or forfeited personal property not retained for official use to
> the General Services Administration, Property Management Branch
> (3FPD), Washington, DC 20407.
>
> \(b\) Report aircraft, firearms, and vessels to the regional GSA
> Property Management Branch office specified in
>
> § 102--36.125 of this subchapter B.
>
> **§ 102--41.60 Are there special requirements in reporting seized or
> forfeited personal property to GSA?**
>
> Yes, in addition to the information required in § 102--36.235 of this
> subchapter B for reporting excess, you must indicate---
>
> \(a\) Whether the property---
>
> \(1\) Was forfeited in a judicial proceeding or administratively
> (without going through a court);
>
> \(2\) Is subject to pending court proceedings for forfeiture, and, if
> so, the name of the defendant, the place and judicial district of the
> court from which the decree will be issued, and whether you wish to
> retain the property for official use;
>
> \(b\) The report or case number under which the property is listed;
> and
>
> \(c\) The existence or probability of a lien, or other accrued or
> accruing charges, and the amount involved.
>
> **§ 102--41.65 What happens to forfeited personal property that is
> transferred or retained for official use?**
>
> Except for drug paraphernalia (see
>
> §§ 102--41.210 through 102--41.235), forfeited personal property
> retained for official use or transferred to another Federal agency
> under this subpart loses its identity as forfeited property. When no
> longer required for official use, you must report it to GSA as excess
> for disposal in accordance with part 102--36 of this subchapter B. You
> must follow the additional provisions of subpart E of this part and
> part 101--42 of this title when disposing of firearms, distilled
> spirits, wine, beer, and drug paraphernalia.
>
> **§ 102--41.70 Are transfers of forfeited personal property
> reimbursable?**
>
> Recipient agencies do not pay for the property. However, you may
> charge the recipient agency all costs you incurred in storing,
> packing, loading, preparing for shipment, and transporting the
> property. If there are commercial charges incident to forfeiture prior
> to the transfer, the recipient agency must pay these charges when
> billed by the commercial organization. Any payment due to lien holders
> or other lawful claimants under a judicial forfeiture must be made in
> accordance with provisions of the court decree.

**§ 102--41.75 May we retain the proceeds from the sale of forfeited
personal property?**

No, you must deposit the sales proceeds in the U.S. Treasury as
miscellaneous receipts, unless otherwise directed by court decree or
specifically authorized by statute. **Subpart C---Voluntarily Abandoned
Personal Property**

**§ 102--41.80 When is personal property voluntarily abandoned?**

Personal property is voluntarily abandoned when the owner of the
property intentionally and voluntarily gives up title to such property
and title vests in the Government. The receiving agency ordinarily
documents receipt of the property to evidence its voluntary
relinquishment.

**§ 102--41.85 May we retain voluntarily abandoned personal property for
official use?**

Yes, you may retain for official use any voluntarily abandoned personal
property, except for large sedans and limousines where retention for
official use is only authorized under the provisions of part 102--34 of
this subchapter B.

**§ 102--41.90 What happens to voluntarily abandoned personal property
retained for official use?**

Voluntarily abandoned personal property retained for official use or
transferred to another Federal agency under this subpart loses its
identity as voluntarily abandoned property. When no longer required for
official use, you must report it to GSA as excess in accordance with
part 102--36 of this subchapter B.

**§ 102--41.95 Where do we send the reports for voluntarily abandoned
personal property?**

Except for aircraft, firearms, and vessels, report voluntarily abandoned
personal property to the regional GSA Property Management Branch office
for the region in which the property is located. Report aircraft,
firearms, and vessels to the regional GSA Property Management Branch
office specified in

§ 102--36.125 of this subchapter B.

**§ 102--41.100 What information do we provide when reporting
voluntarily abandoned personal property to GSA?** When reporting
voluntarily

abandoned personal property to GSA, you must provide a description and
location of the property, and annotate that the property was voluntarily
abandoned.

**§ 102--41.105 What happens to voluntarily abandoned personal property
when reported to GSA?**

Voluntarily abandoned personal property reported to GSA will be made
available for transfer, donation, or sale in accordance with parts
102--36, 102--

37, and 102--38 of this subchapter B, respectively. You must follow the
additional provisions of §§ 102--41.190 through 102--41.235 and part
101--42 of this title when disposing of firearms and other property
requiring special handling.

**§ 102--41.110 Are transfers of voluntarily abandoned personal property
reimbursable?**

No, all transfers of voluntarily abandoned personal property will be
without reimbursement. However, you may charge the recipient agency all
costs you incurred in storing, packing, loading, preparing for shipment,
and transporting the property.

**§ 102--41.115 May we retain the proceeds from the sale of voluntarily
abandoned personal property?**

No, you must deposit the sales proceeds in the U.S. Treasury as
miscellaneous receipts unless your agency has specific statutory
authority to do otherwise.

**Subpart D---Unclaimed Personal**

**Property**

**§ 102--41.120 How long must we hold unclaimed personal property before
disposition?**

You must hold unclaimed personal property for 30 calendar days from the
date it was found. Unless the previous owner files a claim, title to the
property vests in the Government after 30 days, and you may retain or
dispose of the property in accordance with this part.

**§ 102--41.125 May we retain unclaimed personal property for official
use?**

Yes, if you have held unclaimed personal property for 30 calendar days
and the former owner has not filed a claim, title vests in the
Government and you may retain the unclaimed property for official use.
You may retain large sedans and limousines for official use only if such
retention is authorized under part 102--34 of this subchapter B.

**§ 102--41.130 What must we do when we retain unclaimed personal
property for official use?**

\(a\) You must maintain records of unclaimed personal property retained
for official use for 3 years after title vests in the Government to
permit identification of the property should the former owner file a
claim for the property. You must also deposit funds

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> received from disposal of such property in a special account to cover
> any valid claim filed within this 3--year period.
>
> \(b\) When you no longer need the unclaimed property which you have
> placed in official use, report it as excess in the same manner as
> other excess property under part 102--36 of this subchapter B.
>
> **§ 102--41.135 How much reimbursement**
>
> **do we pay the former owner when he or she files a claim for
> unclaimed personal property that we no longer have?**
>
> Reimbursement of the property to the former owner must not exceed any
> proceeds from the disposal of such property, less the costs of the
> Government's care and handling of the property.
>
> **§ 102--41.140 When do we report to GSA unclaimed personal property
> not retained for official use?**
>
> After you have held the property for
>
> 30 calendar days and no one has filed a claim for it, the title to the
> property vests in the Government. If you decide not to retain the
> property for official use, report it as excess to GSA in accordance
> with part 102--36 of this subchapter B.
>
> **§ 102--41.145 Where do we send the reports for unclaimed personal
> property?**
>
> Except for the items noted in § 102--
>
> 36.125 of this subchapter B, report unclaimed personal property to the
> regional GSA Property Management Branch office for the region in which
> the property is located.
>
> **§ 102--41.150 What special information do we provide on reports of
> unclaimed personal property?**
>
> On reports of unclaimed personal property, you must provide the report
> or case number assigned by your agency, property description and
> location, and indicate the property as unclaimed and the estimated
> fair market value.
>
> **§ 102--41.155 Is unclaimed personal property available for transfer
> to another Federal agency?**
>
> Yes, unclaimed personal property is available for transfer to another
> Federal agency, but only after 30 calendar days from the date of
> finding such property and no claim has been filed by the former owner,
> and with fair market value reimbursement from the recipient agency.
> The transferred property then loses its identity as unclaimed property
> and becomes property of the Government, and when no longer needed it
> must be reported excess in accordance with part 102--36 of this
> subchapter B.

**§ 102--41.160 May we retain the reimbursement from transfers of
unclaimed personal property?**

No, you must deposit the reimbursement from transfers of unclaimed
personal property in a special account for a period of 3 years pending a
claim from the former owner. After 3 years, you must deposit these funds
into miscellaneous receipts of the U.S. Treasury.

**§ 102--41.165 May we require reimbursement for the costs incurred in
the transfer of unclaimed personal property?**

Yes, you may require reimbursement from the recipient agency of any
direct costs you incur in the transfer of the unclaimed property (e.g.,
storage, packing, preparation for shipping, loading, and
transportation).

**§ 102--41.170 Is unclaimed personal property available for donation?**

No, unclaimed personal property is not available for donation because
reimbursement at fair market value is required.

**§ 102--41.175 May we sell unclaimed personal property?**

Yes, you may sell unclaimed personal property after title vests in the
Government (as provided for in § 102--

41.120) and when there is no Federal interest. You may sell unclaimed
personal property subject to the same terms and conditions as applicable
to surplus personal property and in accordance with part 102--38 of this
subchapter B.

**§ 102--41.180 May we retain the proceeds from the sale of unclaimed
personal property?**

No, you must deposit proceeds from the sale of unclaimed personal
property in a special account to be maintained for a period of 3 years
pending a possible claim by the former owner. After the 3-- year period,
you must deposit the funds in the U.S. Treasury as miscellaneous
receipts or in such other agency accounts when specifically provided by
statute.

**Subpart E---Personal Property**

**Requiring Special Handling**

**§ 102--41.185 Are there certain types of forfeited, voluntarily
abandoned, or unclaimed property that must be handled differently than
other property addressed in this part?**

Yes, you must comply with the additional provisions in this subpart when
disposing of the types of property listed here.

**Firearms**

**§ 102--41.190 May we retain forfeited, voluntarily abandoned, or
unclaimed firearms for official use?**

Generally, no, you may retain forfeited, voluntarily abandoned, or
unclaimed firearms only when you are statutorily authorized to use
firearms for official purposes.

**§ 102--41.195 How do we dispose of forfeited, voluntarily abandoned,
or unclaimed firearms not retained for official use?**

Report forfeited, voluntarily abandoned, or unclaimed firearms not
retained for official use to the General Services Administration,
Property Management Branch (7FP--8), Denver, CO 80225--0506 for disposal
in accordance with § 101--42.1102--10 of this title.

**§ 102--41.200 Are there special disposal provisions for firearms that
are seized and forfeited for a violation of the National Firearms Act?**

Yes, firearms seized and forfeited for a violation of the National
Firearms Act

(26 U.S.C. 5801--5872) are subject to the disposal provisions of 26
U.S.C. 5872(b). When there is no contrary judgment or action under such
forfeiture, GSA will direct the disposition of the firearms. GSA may---

\(a\) Authorize retention for official use by the Treasury Department;

\(b\) Transfer to an executive agency for use by it; or

\(c\) Order the firearms destroyed. **Forfeited Distilled Spirits, Wine,
and Beer**

**§ 102--41.205 Do we report all forfeited distilled spirits, wine, and
beer to GSA for disposal?**

\(a\) Yes, except do not report distilled spirits, wine, and beer not
fit for human consumption or for medicinal, scientific, or mechanical
purposes. When reporting, indicate quantities and kinds, proof rating,
and condition for

shipping. GSA (3FPD) may transfer such property to another Federal
agency for official purposes, or donate it to eligible eleemosynary
institutions for medicinal purposes only.

\(b\) Forfeited distilled spirits, wine, and beer that are not retained
for official use by the seizing agency or transferred or donated to
eligible recipients by GSA must be destroyed. You must document the
destruction with a record of the time and location, property
description, and quantities destroyed.

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>
> **Federal Register** / Vol. 70, No. 59 / Tuesday, March 29, 2005 /
> Proposed Rules

**15797**

> **Drug Paraphernalia**
>
> **§ 102--41.210 What are some examples of drug paraphernalia?**
>
> Some examples of drug paraphernalia are:
>
> \(a\) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
> with or without screens, permanent screens, hashish heads, or
> punctured metal bowls;
>
> \(b\) Water pipes;
>
> \(c\) Carburetion tubes and devices;
>
> \(d\) Smoking and carburetion masks;
>
> \(e\) Roach clips (objects used to hold burning material, such as a
> marijuana cigarette, that has become too small or too short to be held
> in the hand);
>
> \(f\) Miniature spoons with level capacities of one-tenth cubic
> centimeter or less;
>
> \(g\) Chamber pipes;
>
> \(h\) Carburetor pipes;
>
> \(i\) Electric pipes;
>
> \(j\) Air-driven pipes;
>
> \(k\) Chillums;
>
> \(l\) Bongs;
>
> \(m\) Ice pipes or chillers;
>
> \(n\) Wired cigarette papers; or
>
> \(o\) Cocaine freebase kits.
>
> **§ 102--41.215 Do we report to GSA all forfeited, voluntarily
> abandoned, or unclaimed drug paraphernalia not required for official
> use?**
>
> No, only report drug paraphernalia that has been seized and forfeited
> for a violation of 21 U.S.C. 863. Unless statutorily authorized to do
> otherwise, destroy all other forfeited, voluntarily abandoned, or
> unclaimed drug paraphernalia. You must ensure the destruction is
> performed in the presence of two witnesses (employees of your agency),
> and retain in your records a signed certification of destruction.
>
> **§ 102--41.220 Is drug paraphernalia forfeited under 21 U.S.C. 863
> available for transfer to other Federal agencies or donation through a
> State agency for surplus property (SASP)?**
>
> Yes, but GSA will only transfer or donate forfeited drug paraphernalia
> for law enforcement or educational purposes and only for use by
> Federal, State, or local authorities. Federal or SASP requests for
> such items must be processed through the General Services
> Administration, Property Management Branch (3FPD), Washington, DC
> 20407. The recipient must certify on the transfer document that the
> drug paraphernalia will be used for law enforcement or educational
> purposes only.

**§ 102--41.225 Are there special provisions to reporting and
transferring drug paraphernalia forfeited under 21 U.S.C.**

**863?**

Yes, you must ensure that such drug paraphernalia does not lose its
identity as forfeited property. Reports of excess and transfer documents
for such drug paraphernalia must include the annotation that the
property was seized and forfeited under 21 U.S.C. 863.

**§ 102--41.230 May SASPs pick up or store donated drug paraphernalia in
their distribution centers?**

No, you must release donated drug paraphernalia directly to the donee as
designated on the transfer document.

**§ 102--41.235 May we sell forfeited drug paraphernalia?**

No, you must destroy any forfeited drug paraphernalia not needed for
transfer or donation and document the destruction as specified in §
102--41.215.

\[FR Doc. 05--6101 Filed 3--28--05; 8:45 am\]

**BILLING CODE 6820--14--S**

**DEPARTMENT OF TRANSPORTATION Office of the Secretary**

**49 CFR Subtitle A**

**\[Docket No. OST--2005--20434\]**

**Negotiated Rulemaking Advisory Commiteee on Minimum Standards for
Driver's Licenses and Personal Identification Cards**

**AGENCY:** Office of the Secretary (OST), DOT.

**ACTION:** Notice of meetings of advisory committee.

**SUMMARY:** This document sets forth the schedule for the meetings of
the Negotiated Rulemaking Advisory Committee on Minimum Standards for
Driver's Licenses and Personal Identification Cards. Pursuant to section

7212 of the Intelligence Reform and Terrorism Prevention Act of 2004,
the Office of the Secretary, DOT, is establishing a committee to
develop, through negotiated rulemaking procedures, recommendations for
minimum standards to tighten the security for driver's licenses and
personal identification cards issued by States, in order for these
documents to be accepted for use by Federal agencies for any official
purpose, including identification, a given time after the final rule
goes into effect. The committee will consist of persons who represent
the interests affected by the proposed rule, *i.e.*, State offices that

issue driver's licenses or personal identification cards, elected State
officials, the Departments of Transportation and Homeland Security, and
other interested parties.

**DATES:** Meetings of the committee will take place on the dates listed
below under **SUPPLEMENTARY INFORMATION**. All meetings are open to the
public. **ADDRESSES:** The committee's meetings will take place at the
locations listed below under **SUPPLEMENTARY INFORMATION**.

**FOR FURTHER INFORMATION CONTACT:** Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, Office of the General
Counsel, at (202) 366--9310

(*bob.ashby@dot.gov*), or Steve Wood, Assistant Chief Counsel for
Vehicle Safety Standards and Harmonization, Office of the Chief Counsel,
National Highway Traffic Safety Administration,

\(202\) 366--2992

(*steve.wood@nhtsa.dot,gov*). Their mailing addresses are at the
Department of Transportation, 400 7th Street, SW, Washington DC, 20590,
rooms 10424 and 5219, respectively.

**SUPPLEMENTARY INFORMATION:** On December 17, 2004, the President
signed into law the Intelligence Reform and Terrorism Prevention Act of
2004.

(Public Law 108--458). Title VII of that Act is known as the 9/11
Commission Implementation Act of 2004 (the 9/11

Act). Subtitle B of the 9/11 Act addresses terrorist travel and
effective screening. Among other things, Subtitle B, section 7212,
mandates the issuance of minimum standards for State-issued driver's
licenses and personal identification cards (Section 7212) that will be
accepted by Federal agencies for official purposes.

Section 7212 directs the Department of Transportation to issue rules
with the assistance of a negotiated rulemaking advisory committee,
composed of representatives of the Departments of Transportation and
Homeland Security, State agencies that issue driver's licenses, State
elected officials, and other interested parties.

To carry out this requirement, the Department recently published a
notice of intent to form this advisory committee, consistent with the
standards of the Federal Advisory Committee Act (FACA) and Negotiated
Rulemaking Act (NRA). See 70 FR 8756, February 23, 2005. The comment
period for this notice extends through March

25, 2005. During the comment period, the Department will file a charter
for the committee with the General Services Administration, and the
convener will begin contacting potential participants.

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