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Federal Register / Vol. 70, No.

59 / Tuesday, March 29, 2005 / Proposed Rules 15797

Drug Paraphernalia § 102–41.225 Are there special provisions issue driver’s licenses or personal
to reporting and transferring drug identification cards, elected State
§ 102–41.210 What are some examples of paraphernalia forfeited under 21 U.S.C. officials, the Departments of
drug paraphernalia? 863? Transportation and Homeland Security,
Some examples of drug paraphernalia Yes, you must ensure that such drug and other interested parties.
are: paraphernalia does not lose its identity DATES: Meetings of the committee will
(a) Metal, wooden, acrylic, glass, as forfeited property. Reports of excess take place on the dates listed below
stone, plastic or ceramic pipes with or and transfer documents for such drug under SUPPLEMENTARY INFORMATION. All
without screens, permanent screens, paraphernalia must include the meetings are open to the public.
hashish heads, or punctured metal annotation that the property was seized ADDRESSES: The committee’s meetings
bowls; and forfeited under 21 U.S.C. 863. will take place at the locations listed
(b) Water pipes; § 102–41.230 May SASPs pick up or store below under SUPPLEMENTARY
(c) Carburetion tubes and devices; donated drug paraphernalia in their INFORMATION.
distribution centers? FOR FURTHER INFORMATION CONTACT:
(d) Smoking and carburetion masks;
No, you must release donated drug Robert C. Ashby, Deputy Assistant
(e) Roach clips (objects used to hold
paraphernalia directly to the donee as General Counsel for Regulation and
burning material, such as a marijuana
designated on the transfer document. Enforcement, Office of the General
cigarette, that has become too small or
Counsel, at (202) 366–9310
too short to be held in the hand); § 102–41.235 May we sell forfeited drug
(bob.ashby@dot.gov), or Steve Wood,
(f) Miniature spoons with level paraphernalia?
Assistant Chief Counsel for Vehicle
capacities of one-tenth cubic centimeter No, you must destroy any forfeited Safety Standards and Harmonization,
or less; drug paraphernalia not needed for Office of the Chief Counsel, National
(g) Chamber pipes; transfer or donation and document the Highway Traffic Safety Administration,
(h) Carburetor pipes; destruction as specified in § 102–41.215. (202) 366–2992
[FR Doc. 05–6101 Filed 3–28–05; 8:45 am] (steve.wood@nhtsa.dot,gov). Their
(i) Electric pipes;
BILLING CODE 6820–14–S mailing addresses are at the Department
(j) Air-driven pipes; of Transportation, 400 7th Street, SW,
(k) Chillums; Washington DC, 20590, rooms 10424
(l) Bongs; DEPARTMENT OF TRANSPORTATION and 5219, respectively.
(m) Ice pipes or chillers; SUPPLEMENTARY INFORMATION: On
(n) Wired cigarette papers; or Office of the Secretary December 17, 2004, the President signed
into law the Intelligence Reform and
(o) Cocaine freebase kits. 49 CFR Subtitle A Terrorism Prevention Act of 2004.
§ 102–41.215 Do we report to GSA all (Public Law 108–458). Title VII of that
[Docket No. OST–2005–20434]
forfeited, voluntarily abandoned, or Act is known as the 9/11 Commission
unclaimed drug paraphernalia not required Negotiated Rulemaking Advisory Implementation Act of 2004 (the 9/11
for official use? Act). Subtitle B of the 9/11 Act
Commiteee on Minimum Standards for
No, only report drug paraphernalia Driver’s Licenses and Personal addresses terrorist travel and effective
that has been seized and forfeited for a Identification Cards screening. Among other things, Subtitle
violation of 21 U.S.C. 863. Unless B, section 7212, mandates the issuance
statutorily authorized to do otherwise, AGENCY: Office of the Secretary (OST), of minimum standards for State-issued
destroy all other forfeited, voluntarily DOT. driver’s licenses and personal
abandoned, or unclaimed drug ACTION:Notice of meetings of advisory identification cards (Section 7212) that
paraphernalia. You must ensure the committee. will be accepted by Federal agencies for
destruction is performed in the presence official purposes.
SUMMARY: This document sets forth the Section 7212 directs the Department
of two witnesses (employees of your
agency), and retain in your records a schedule for the meetings of the of Transportation to issue rules with the
signed certification of destruction. Negotiated Rulemaking Advisory assistance of a negotiated rulemaking
Committee on Minimum Standards for advisory committee, composed of
§ 102–41.220 Is drug paraphernalia Driver’s Licenses and Personal representatives of the Departments of
forfeited under 21 U.S.C. 863 available for Identification Cards. Pursuant to section Transportation and Homeland Security,
transfer to other Federal agencies or 7212 of the Intelligence Reform and State agencies that issue driver’s
donation through a State agency for Terrorism Prevention Act of 2004, the licenses, State elected officials, and
surplus property (SASP)? Office of the Secretary, DOT, is other interested parties.
Yes, but GSA will only transfer or establishing a committee to develop, To carry out this requirement, the
donate forfeited drug paraphernalia for through negotiated rulemaking Department recently published a notice
law enforcement or educational procedures, recommendations for of intent to form this advisory
purposes and only for use by Federal, minimum standards to tighten the committee, consistent with the
State, or local authorities. Federal or security for driver’s licenses and standards of the Federal Advisory
SASP requests for such items must be personal identification cards issued by Committee Act (FACA) and Negotiated
processed through the General Services States, in order for these documents to Rulemaking Act (NRA). See 70 FR 8756,
Administration, Property Management be accepted for use by Federal agencies February 23, 2005. The comment period
Branch (3FPD), Washington, DC 20407. for any official purpose, including for this notice extends through March
The recipient must certify on the identification, a given time after the 25, 2005. During the comment period,
transfer document that the drug final rule goes into effect. The the Department will file a charter for the
paraphernalia will be used for law committee will consist of persons who committee with the General Services
enforcement or educational purposes represent the interests affected by the Administration, and the convener will
only. proposed rule, i.e., State offices that begin contacting potential participants.

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15798 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules

After evaluating comments received as a meeting from 2–3 p.m. Individuals with the full enforcement of State
result of the February 23 notice, the wishing to address the committee criteria concerning the categories of
Department will issue a notice should sign up on the public comment individuals that are eligible to obtain a
announcing the establishment and sign-in sheet before lunch and the time driver’s license or personal
composition of the committee. available will be reasonably divided identification card from that State.
The statutory timetable for this among those who have signed up, but 11. Prohibition on requiring a single
rulemaking is short. Section 7212 of the no one will have more than 15 minutes design to which driver’s licenses or
Intelligence Reform and Terrorism Act even if less than 4 people have signed personal identification cards issued by
specifies that the recommendations of up. Written comments and reports can all States must conform.
the negotiated rulemaking committee be given to the facilitator for 12. Procedures and requirements to
must be submitted to the Secretary of distribution to the committee members. protect the privacy rights of individuals
Transportation no later than 9 months Persons wanting to present written who apply for and hold driver’s licenses
after the date of enactment, i.e., by materials to the committee should make and personal identification cards.
September 17, 2005. Section 7212 enough copies for all committee 13. Assessment of the benefits and
further specifies that the Secretary must members. costs of the recommendations.
issue a final rule establishing the The agenda topics for the meetings The committee may alter this
minimum standards no later than 18 will include, but not necessarily be schedule, including the agenda items.
months after the date of enactment, i.e., limited to, discussion of the following The agenda topics presented in this
by June 17, 2006. To meet these issues: notice are necessarily very general since
deadlines, the Department must begin, 1. Documentation required as proof of the direction and nature of the advisory
in the very near future, a very identity of an applicant for a driver’s committee discussions will shape each
compressed schedule of regulatory license or personal identification card, subsequent meeting. The Department
negotiation meetings. The Department including the scope of personal may issue additional notices, as needed,
has scheduled five meetings on the identification cards covered by the with respect to changes in the schedule
following dates: requirement. or agenda topics.
Meeting 1: April 19–21, 2005. 2. Verifiability of documents used to
Issued this 22nd day of March, 2005, at
Meeting 2: May 10–13, 2005. obtain a driver’s license or personal Washington, DC.
Meeting 3: May 31, June 1–3, 2005. identification card.
Meeting 4: June 21–24, 2005. Jeffrey A. Rosen,
3. Processing of applications for
Meeting 5: July 12–15, 2005. driver’s licenses and personal General Counsel.
The meetings will take place in the identification cards to prevent fraud. [FR Doc. 05–6167 Filed 3–24–05; 2:43 pm]
Department of Transportation 4. Information to be included on each BILLING CODE 4910–62–P
headquarters building, 400 7th Street, driver’s license or personal
SW., Washington, DC 20590, in Room identification card.
2230. Meetings are scheduled to begin at 5. Common machine-readable identity DEPARTMENT OF THE INTERIOR
9 a.m. and conclude at 5:30 p.m. information to be included on each
The meetings of the committee are driver’s license or personal Fish and Wildlife Service
open to the public (unless portions of identification card, including defined
the meeting are held in closed session, minimum data elements. 50 CFR Part 15
as provided under FACA). Attendance 6. Security standards to ensure that RIN 1018–AH89
will necessarily be limited by the size of driver’s licenses and personal
the meeting room. Members of the identification cards are—(i) resistant to Importation of Exotic Wild Birds Into
public wishing to attend meetings held tampering, alteration, or counterfeiting; the United States; Notice of Reopening
in Department of Transportation and (ii) capable of accommodating and of Comment Period on the Proposed
buildings or other Federal facilities will ensuring the security of a digital Rule To Add Blue-Fronted Amazon
have to enter through designated photograph or other unique identifier. Parrots From Argentina’s Sustainable-
security checkpoints. 7. Requirement that a State confiscate Use Management Plan to the Approved
The visitor entry point for the a driver’s license or personal List of Non-Captive-Bred Species
Department of Transportation identification card if any component or
headquarters building is in the security feature of the license or AGENCY: Fish and Wildlife Service,
southwest corner entrance to the identification card is compromised. Interior.
building (i.e., the entrance nearest the 8. Requirement that rules facilitate ACTION: Proposed rule; notice of
corner of 7th and E Streets, SW.). communication between the chief driver reopening of comment period.
Visitors must be escorted into and out licensing official of a State, an
of the building. Because it can take appropriate official of a Federal agency SUMMARY: We, the Fish and Wildlife
some time for large numbers of visitors and other relevant officials, to verify the Service (Service), give notice that we are
to process through security, we request authenticity of documents, as reopening the comment period on the
that visitors arrive between 8:30 and appropriate, issued by such Federal proposed rule to add blue-fronted
8:45 a.m. to undergo the screening agency or entity and presented to prove amazon parrots (Amazona aestiva) from
process. DOT personnel will then escort the identity of an individual. Argentina’s sustainable-use
groups of visitors to the meeting room. 9. Ensuring that standards do not management plan to the approved list of
This group escort process will also be infringe on a State’s power to set criteria non-captive-bred (wild-caught) species
followed for persons entering following concerning what categories of under the Wild Bird Conservation Act of
the lunch break and for persons leaving individuals are eligible to obtain a 1992 (WBCA). We are reopening the
the building for lunch and at the end of driver’s license or personal public comment period to enter into the
each day’s meeting. identification card from that State. record Dr. Jorge Rabinovich’s 2004
As a general matter, the committee 10. Prohibition on requiring a State to study, ‘‘Modeling the Sustainable Use of
will make one hour available for public comply with any such regulation that the Blue-Fronted Parrot (Amazona
comments on the Wednesdays of each conflicts with or otherwise interferes aestiva) in the Dry Chaco Region of

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