Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Proposed Rules 27533

and not be statute, are these requirements

important enough to be retained?

(19) How should the Commission

accommodate filings which require

verification under oath, attestations, and

notarization?

Security, Integrity, and Authentication

(20) Should the Commission consider any

special authentication or security measures,

such as encryption, digital signatures, logon

ID’s and passwords?

(21) Are special measures only needed for

certain documents (please specify)?

(22) What steps should the Commission

take to detect security breaches in filings?

(23) How should the security breaches be

handled?

Automatic Acknowledgment

(24) How should the Commission provide

automatic acknowledgment?

(25) Should the receipt be sent to the web

browser or by E-Mail?

(26) How should the Commission notify

the filer of the docket number of an

electronic filing in a new proceeding?

(27) Would posting the docket number on

the Commission’s Internet site be sufficient?

Service

(28) Should the Commission encourage

electronic service between parties over the

Internet?

(29) Should the Commission facilitate

electronic service by posting documents on

its Internet site or should the party making

the filing make it available on its own

Internet site?

(3) Is it adequate for the Commission to

serve notice to the parties in a proceeding

that it has issued an order, or should it

disseminate the order directly to the parties

electronically?

[FR Doc. 98–13294 Filed 5–18–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 123

RIN 1515–AB88

Foreign-Based Commercial Motor

Vehicles in International Traffic

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Proposed rule.

SUMMARY: This document proposes to

revise the Customs Regulations to allow

certain foreign-based commercial motor

vehicles, which are admitted as

instruments of international traffic, to

engage in the transportation of

merchandise between points in the

United States where such transportation

is incidental to the immediately prior or

subsequent engagement of such vehicles

in international traffic. Any movement

of these vehicles in the general direction

of an export move or as part of the

return movement of the vehicles to their

base country shall be considered

incidental to the international

movement. The benefit of this

liberalization of current cabotage

restrictions inures in particular to both

the United States and foreign trucking

industries inasmuch as it allows more

efficient and economical utilization of

their respective vehicles both

internationally and domestically.

DATE: Comments must be received on or

before July 20, 1998.

ADDRESSES: Written comments

(preferably in triplicate) may be

addressed to and inspected at the

Regulations Branch, U.S. Customs

Service, 1300 Pennsylvania Avenue,

NW., 3rd Floor, Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT:

Legal aspects: Glen E. Vereb, Office of

Regulations and Rulings, 202–927–

2320.

Operational aspects: Eileen A. Kastava,

Office of Field Operations, 202–927–

0983.

SUPPLEMENTARY INFORMATION:

Background

Section 141.4(a), Customs Regulations

(19 CFR 141.4(a)), provides that entry as

required by 19 U.S.C. 1484(a) shall be

made of all merchandise imported into

the United States unless specifically

excepted. Foreign-based commercial

motor vehicles are not among those

excepted items listed in § 141.4(b) and

would therefore be subject to entry and

payment of any applicable duty unless

otherwise exempted by law or

regulations.

Pursuant to 19 U.S.C. 1322, vehicles

and other instruments of international

traffic shall be excepted from the

application of the Customs laws to such

extent and subject to such terms and

conditions as may be prescribed in

regulations or instructions of the

Secretary of the Treasury.

This statutory mandate pertaining to

foreign-based commercial motor

vehicles is implemented under § 123.14

of the Customs Regulations (19 CFR

123.14). Section 123.14(a) states that to

qualify as instruments of international

traffic, such vehicles having their

principal base of operations in a foreign

country must be arriving in the United

States with merchandise destined for

points in the United States, or arriving

empty or loaded for the purpose of

taking merchandise out of the United

States.

Section 123.14(c), Customs

Regulations, states that with one

exception, a foreign-based commercial

motor vehicle, admitted as an

instrument of international traffic under

§ 123.14(a), shall not engage in local

traffic in the United States. The

exception, set out in § 123.14(c)(1),

states that such a vehicle, while in use

on a regularly scheduled trip, may be

used in local traffic that is directly

incidental to the international schedule.

Section 123.14(c)(2), Customs

Regulations, provides that a foreignbased truck trailer admitted as an

instrument of international traffic may

carry merchandise between points in

the United States on the return trip as

provided in § 123.12(a)(2) which allows

use for such transportation as is

reasonably incidental to its economical

and prompt departure for a foreign

country.

In regard to these cabotage

restrictions, Customs has received a

petition from the American Trucking

Association (ATA) requesting a change

in Customs interpretation of its

regulations governing the use of foreignbased trucks in local traffic in the

United States. This petition is the

culmination of joint discussions

beginning in July of 1994 between the

ATA and the Canadian Trucking

Association (CTA) to obtain mutually

agreed upon parameters with respect to

the liberalization of current truck

cabotage restrictions in their respective

countries. The proposed amendments

would, however, be universally

applicable.

By way of additional background,

reference is hereby made to a notice

published in the Customs Bulletin

pursuant to 19 U.S.C. 1625(c)(1) (see 31

Cust. Bull. and Dec. No. 40, 7 (October

1, 1997)), which revised the

interpretation of when a foreign-based

truck would be considered as used in

international traffic under existing

§ 123.14. However, the proposal

provided for herein regarding the use of

a foreign-based commercial motor

vehicle, including a truck, in

permissible local traffic under

§ 123.14(c) was, of course, not addressed

in the Customs Bulletin notice. To effect

this change requires an amendment

under the Administrative Procedure

Act, 5 U.S.C. 553.

Accordingly, Customs has determined

to propose such an amendment of

§ 123.14(c), which would allow certain

foreign-based commercial motor

vehicles, admitted as instruments of

international traffic, to engage in the

transportation of merchandise between

points in the United States where such

local traffic is incidental to the

immediately prior or subsequent

engagement of such vehicles in

international traffic. In addition, this
27534 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Proposed Rules

revision would eliminate the current

requirement that such international

traffic be regularly scheduled.

Furthermore, any movement of these

vehicles in the general direction of an

export move or as part of the return

movement of the vehicles to their base

country shall be considered incidental

to the international movement.

In conjunction with the proposed

amendments to § 123.14, this document

also includes proposed conforming

amendments to § 123.16 regarding the

return of the qualifying vehicles to the

United States.

Comments

Before adopting the proposed

amendments, consideration will be

given to any written comments that are

timely submitted to Customs. Comments

submitted will be available for public

inspection in accordance with the

Freedom of Information Act (5 U.S.C.

552), § 1.4, Treasury Department

Regulations (31 CFR 1.4), and

§ 103.11(b), Customs Regulations (19

CFR 103.11(b)), on regular business days

between the hours of 9:00 a.m. and 4:30

p.m. at the Regulations Branch, 1300

Pennsylvania Avenue, NW., 3rd Floor,

Washington, DC.

Regulatory Flexibility Act and

Executive Order 12866

The proposed rule would greatly relax

current cabotage restrictions for both the

U.S. and foreign trucking industries,

enabling more efficient and economical

use of their respective vehicles both

internationally and domestically. As

such, under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.), it is certified

that, if adopted, the proposed

amendments will not have a significant

economic impact on a substantial

number of small entities. Nor would the

proposed rule result in a ‘‘significant

regulatory action’’ under E.O. 12866.

List of Subjects in 19 CFR Part 123

Administrative practice and

procedure, Canada, Common carriers,

Customs duties and inspection, Imports,

International traffic, Motor carriers,

Railroads, Trade agreements, Vehicles.

Proposed Amendments to the

Regulations

It is proposed to amend part 123,

Customs Regulations (19 CFR part 123),

as set forth below.

PART 123—CUSTOMS RELATIONS

WITH CANADA AND MEXICO

1. The general authority citation for

part 123, and the relevant sectional

authority citation, would continue to

read as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the

United States (HTSUS), 1431, 1433, 1436,

1448, 1624.

* * * * *

Sections 123.13—123.18 also issued

under 19 U.S.C. 1322;

* * * * *

2. It is proposed to amend § 123.14 by

revising paragraph (c)(1) to read as

follows:

§ 123.14 Entry of foreign-based trucks,

busses and taxicabs in international traffic.

* * * * *

(c) * * *

(1) The vehicle may carry

merchandise or passengers between

points in the United States if such

carriage is incidental to the immediately

prior or subsequent engagement of that

vehicle in international traffic. Any

such carriage by the vehicle in the

general direction of an export move or

as part of the return of the vehicle to its

base country shall be considered

incidental to its engagement in

international traffic.

* * * * *

3. It is proposed to amend § 123.16 by

revising paragraph (b) to read as follows:

§ 123.16 Entry of returning trucks, busses,

or taxicabs in international traffic.

* * * * *

(b) Use in local traffic. Trucks, busses,

and taxicabs in use in international

traffic, which may include the

incidental carrying of merchandise or

passengers for hire between points in a

foreign country, or between points in

this country, shall be admitted under

this section. However, such vehicles

taken abroad for commercial use

between points in a foreign country,

otherwise than in the course of their use

in international traffic, shall be

considered to have been exported and

must be regularly entered on return.

Approved: March 31, 1998.

Samuel H. Banks,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 98–13217 Filed 5–18–98; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG–209322–82]

RIN 1545–AU99

Return of Partnership Income; Hearing

Cancellation

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Cancellation of notice of public

hearing on proposed regulations.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulations relating

to partnership returns.

DATES: The public hearing originally

scheduled for Tuesday, May 19, 1998,

beginning at 10:00 a.m., is cancelled.

FOR FURTHER INFORMATION CONTACT:

Mike Slaughter of the Regulations Unit,

Assistant Chief Counsel (Corporate),

202) 622–7190 (not a toll-free number).

SUPPLEMENTARY INFORMATION: The

subject of the public hearing is proposed

regulations under section 6031 and 6063

of the Internal Revenue Code. A notice

of proposed rulemaking and notice of

public hearing appearing in the Federal

Register on Monday, January 26, 1998

(63 FR 3677), announced that the public

hearing would be held on Tuesday, May

19, 1998, beginning at 10:00 a.m., in the

IRS Auditorium, Internal Revenue

Building, 1111 Constitution Avenue,

NW., Washington, DC.

The public hearing scheduled for

Tuesday, May 19, 1998, is cancelled.

Michael L. Slaughter,

Acting Chief, Regulations Unit, Assistant

Chief Counsel (Corporate).

[FR Doc. 98–13221 Filed 5–18–98; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 20

RIN 2900–AJ15

Board of Veterans’ Appeals: Rules of

Practice—Revision of Decisions on

Grounds of Clear and Unmistakable

Error

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: The Department of Veterans

Affairs (VA) proposes to amend the

Rules of Practice of the Board of

Veterans’ Appeals (Board) to implement

the provisions of section 1(b) of Pub. L.