Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules 35893

the term ‘‘SFAS 14’’ from Instruction 3

to Item 17 and inserting the term ‘‘SFAS

No. 131’’ in its place.

[Note: The text of Form 20–F does not, and

the amendment will not, appear in the Code

of Federal Regulations]

Dated: June 25, 1998.

By the Commission.

Margaret H. McFarland,

Deputy Secretary.

Attachment A—Regulatory Flexibility Act

Certification

(Note: Attachment A to the Preamble will not

appear in the Code of Federal Regulations)

I, Arthur Levitt, Chairman of the Securities

and Exchange Commission, hereby certify

pursuant to 5 U.S.C. 605(b) that the proposed

amendments to certain rules, forms and

policies contained in Securities Act Release

No. 33–7549, if adopted, will not have a

significant economic impact on a substantial

number of small entities. The amendments

will conform Commission rules with

accounting standards recently adopted by the

Financial Accounting Standards Board. Since

registrants are already subject to these

standards, the proposed amendments would

not impose any new burden on them.

June 24, 1998

Arthur Levitt,

Chairman.

[FR Doc. 98–17432 Filed 6–30–98; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 48

[REG–119227–97]

RIN 1545–AV71

Kerosene Tax; Aviation Fuel Tax; Tax

on Heavy Trucks and Trailers

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Proposed rule, notice of

proposed rulemaking by cross-reference

to temporary regulations and notice of

public hearing.

SUMMARY: In the Rules and Regulations

section of this issue of the Federal

Register, the IRS is issuing temporary

regulations relating to the kerosene and

aviation fuel excise taxes and the tax on

the first retail sale of certain tractors,

truck, trailer, and semitrailer chassis

and bodies. The text of those temporary

regulations also serves as the text of

these proposed regulations.

DATES: Written comments must be

received by September 29, 1998.

Requests to speak and outlines of oral

comments to be discussed at the public

hearing scheduled for Wednesday,

November 4, 1998, must be received by

September 29, 1998.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (REG–119227–97),

room 5226, Internal Revenue Service,

POB 7604, Ben Franklin Station,

Washington, DC 20044. Submissions

may be hand delivered between the

hours of 8:00 a.m. and 5 p.m. to:

CC:DOM:CORP:R (REG–119227–97),

Courier’s Desk, Internal Revenue

Service, 1111 Constitution Avenue NW.,

Washington, DC. Alternatively,

taxpayers may submit comments

electronically via the Internet by

selecting the ‘‘Tax Regs’’ option on the

IRS Home Page, or by submitting

comments directly to the IRS Internet

site at http://www.irs.ustreas.gov/prod/

taxlregs/comments.html. The public

hearing will be held in the IRS

Auditorium, Seventh Floor, 7400

Corridor, Internal Revenue Building,

1111 Constitution Avenue, NW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Concerning the regulations, Frank

Boland (202) 622–3130; concerning

submissions and the hearing, LaNita

VanDyke (202) 622–7180 (not toll-free

numbers).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The collection of information

contained in this notice of proposed

rulemaking has been submitted to the

Office of Management and Budget for

review in accordance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507(d)). Comments on the

collection of information should be sent

to the Office of Management and

Budget, Attn: Desk Officer for the

Department of the Treasury, Office of

Information and Regulatory Affairs,

Washington, DC 20503, with copies to

the Internal Revenue Service, Attn: IRS

Reports Clearance Officer, OP:FS:FP,

Washington, DC 20224. Comments on

the collection of information should be

received by August 31, 1998. Comments

are specifically requested concerning:

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Internal Revenue Service, including

whether the information will have

practical utility;

The accuracy of the estimated burden

associated with the proposed collection

of information (see below);

How the quality, utility, and clarity of

the information to be collected may be

enhanced;

How the burden of complying with

the proposed collection of information

may be minimized, including through

the application of automated collection

techniques or other forms of information

technology; and

Estimates of capital or start-up costs

of operation, maintenance, and

purchase of services to provide

information.

The collection of information in this

notice of proposed rulemaking is in

§§ 48.4052–1, 48.4082–7(a), 48.4082–

8(e), 48.4091–3(c), 48.4101–2(a)(4),

48.4101–3(d), and 48.6427–11. This

information is required to support

exempt transactions and to inform

consumers of the type of fuel that is

being purchased. The likely respondents

are businesses and other for-profit

organizations.

Estimated total annual reporting

burden: 3,340 hours.

The estimated annual burden per

respondent varies from .20 hours to 1

hour, depending on individual

circumstances, with an estimated

average of .29 hour.

Estimated number of respondents:

11,600.

Estimated annual frequency of

responses: On occasion.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information

displays a valid control number

assigned by the Office of Management

and Budget.

Books or records relating to a

collection of information must be

retained as long as their contents may

become material in the administration

of any internal revenue law. Generally,

tax returns and tax return information

are confidential, as required by 26

U.S.C. 6103.

Background

Temporary regulations published in

the Rules and Regulations section of this

issue of the Federal Register provide

rules relating to the kerosene tax, certain

aviation fuel tax refunds allowed by

section 4091(d), and registration

requirements for certain heavy vehicle

manufacturers and retailers. The text of

those regulations also serves as the text

of these proposed regulations relating to

kerosene. The preamble to the

temporary regulations explains the

temporary regulations.

Special Analyses

It has been determined that this notice

of proposed rulemaking is not a

significant regulatory action as defined

in EO 12866. Therefore, a regulatory

assessment is not required. It also has

been determined that section 553(b) of

the Administrative Procedure Act (5

U.S.C. chapter 5) does not apply to these
35894 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules

regulations. It is hereby certified that the

collection of information in these

regulations will not have a significant

economic impact on a substantial

number of small entities. This

certification is based upon the fact that

the time required to prepare and submit

the exemption certificates described in

these regulations (many of which are

similar to certificates that are already in

use) is minimal and will not have a

significant impact on those small

entities that choose to provide the

certificates. Therefore, a Regulatory

Flexibility Analysis under the

Regulatory Flexibility Act (5 U.S.C.

chapter 6) is not required. Pursuant to

section 7805(f) of the Internal Revenue

Code, this notice of proposed

rulemaking will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment

on its impact on small business.

Comments and Public Hearing

Before these proposed regulations are

adopted as final regulations,

consideration will be given to any

comments that are submitted (in the

manner described in the ADDRESSES

caption) timely to the IRS. All

comments will be available for public

inspection and copying.

A public hearing has been scheduled

for Wednesday, November 4, 1998, at 10

a.m. in the IRS Auditorium, Internal

Revenue Building, 1111 Constitution

Avenue, NW., Washington DC. Because

of access restrictions, visitors will not be

admitted beyond the Internal Revenue

Building lobby more than 15 minutes

before the hearing starts.

The rules of 26 CFR 601.601(a)(3)

apply to the hearing.

Persons that wish to present oral

comments at the hearing must submit

comments by September 29, 1998 and

submit an outline of the topics to be

discussed and the time to be devoted to

each topic by September 29, 1998.

A period of 10 minutes will be

allotted to each person for making

comments.

An agenda showing the scheduling of

the speakers will be prepared after the

deadline for receiving outlines has

passed. Copies of the agenda will be

available free of charge at the hearing.

Drafting Information

The principal author of these

regulations is Frank Boland, Office of

the Assistant Chief Counsel

(Passthroughs and Special Industries),

IRS. However, other personnel from the

IRS and the Treasury Department

participated in their development.

List of Subjects in 26 CFR Part 48

Excise taxes, Reporting and

recordkeeping requirements.

Proposed Amendments to the

Regulations

Accordingly, 26 CFR part 48 is

proposed to be amended as follows:

PART 48—MANUFACTURERS AND

RETAILERS EXCISE TAXES

Paragraph 1. The authority citation

for part 48 is amended by adding entries

in numerical order to read in part as

follows:

Authority: 26 U.S.C. 7805 * * *

Section 48.4052–1 also issued under 26

U.S.C. 4052 * * *

Sections 48.4082–6, 48.4082–7, and

48.4082–8 also issued under 26 U.S.C. 4082

* * *

Section 48.4101–3 also issued under 26

U.S.C. 4101(a) * * *

Sections 48.6427–10 and 48.6427–11 also

issued under 26 U.S.C. 6427(n) * * *

Par. 2. In subpart H, § 48.4052–1 is

added to read as follows:

§ 48.4052–1 Special rule.

After June 30, 1998, the sale of an

article is a taxable sale unless the seller

has in good faith accepted from the

purchaser a statement that the purchaser

executed in good faith and that is in

substantially the same form as the

certificate described in § 145.4052–

1(a)(6) of this chapter, except that the

statement must be signed under

penalties of perjury and need not

include a registration number.

Par. 3. Section 48.4081–1 is amended

as follows:

1. Paragraph (b) is amended by adding

the definition of kerosene.

2. Paragraph (d) is revised.

The addition and revision read as

follows:

§ 48.4081–1 Taxable fuel; definitions.

* * * * *

(b) * * *

Kerosene means—

(1) The two grades of kerosene (No. 1–

K and No. 2–K) described in ASTM

Specification D 3699; and

(2) Kerosene-type jet fuel described in

ASTM Specification D 1655 and

military specifications MIL–T–5624R

and MIL–T–83133D (Grades JP–5 and

JP–8). For availability of ASTM and

military specification material, see

§ 48.4081–1(c)(2)(i).

* * * * *

(d) Effective date.

(1) Except as provided in paragraph

(d)(2) of this section, this section is

applicable January 1, 1994.

(2) In paragraph (b) of this section—

(i) The definition of aviation gasoline

and the third sentence in the definition

of terminal are applicable January 2,

1998; and

(ii) The definition of kerosene is

applicable July 1, 1998.

Par. 4. Sections 48.4082–6, 48.4082–

7, 48.4082–8, 48.4082–9 and 48.4082–10

are added to read as follows:

§ 48.4082–6 Kerosene; treatment as diesel

fuel in certain cases.

[The text of this proposed section is the

same as the text of § 48.4082–6T

published elsewhere in this issue of the

Federal Register.]

§ 48.4082–7 Kerosene; notice required

with respect to dyed kerosene.

[The text of this proposed section is the

same as the text of § 48.4082–7T

published elsewhere in this issue of the

Federal Register.]

§ 48.4082–8 Kerosene; exemption for

aviation-grade kerosene.

[The text of this proposed section is the

same as the text of § 48.4082–8T

published elsewhere in this issue of the

Federal Register.]

§ 48.4082–9 Kerosene; exemption from

non-fuel feedstock purposes.

[The text of this proposed section is the

same as the text of § 48.4082–9T

published elsewhere in this issue of the

Federal Register.]

§ 48.4082–10 Kerosene; additional

exemption from floor stocks tax.

[The text of this proposed section is the

same as the text of § 48.4082–10T

published elsewhere in this issue of the

Federal Register.]

Par. 5. Section 48.4091–3 is added to

read as follows:

§ 48.4091–3 Aviation fuel; conditions to

allowance of refunds of aviation fuel tax

under section 4091(d).

[The text of this proposed section is the

same as the text of § 48.4091–3T

published elsewhere in this issue of the

Federal Register.]

Par. 6. Section 48.4101–2 is amended

by adding paragraph (a)(4) to read as

follows:

§ 48.4101–2 Information reporting.

(a) * * *

(4) Registered aviation fuel producers.

[The text of this proposed paragraph is

the same as the text of § 48.4101–

2T(a)(4) published elsewhere in this

issue of the Federal Register].

§ 48.6427–10 Claims with respect to

kerosene.

[The text of this proposed section is the

same as the text of § 48.6427–10T

published elsewhere in this issue of the

Federal Register.]
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules 35895

§ 48.6427–11 Special rules for claims by

registered ultimate vendors of kerosene

(blocked pump).

[The text of this proposed section is the

same as the text of § 48.6427–11T

published elsewhere in this issue of the

Federal Register.]

Michael P. Dolan,

Deputy Commissioner of Internal Revenue.

[FR Doc. 98–17389 Filed 6–26–98; 2:02 pm]

BILLING CODE 4830–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN84–1b; FRL–6114–9]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On July 9, 1997, the State of

Indiana submitted a State

Implementation Plan (SIP) revision

request to the United States

Environmental Protection Agency for

rule changes specific to the power plant

at the University of Notre Dame located

in Saint Joseph County, Indiana. The

submittal provides for revised limits on

particulate matter (PM) emissions from

5 boilers. The revised limits are less

stringent, overall, than the limits in the

current SIP. Air quality modeling has

been conducted which shows that the

National Ambient Air Quality Standards

(NAAQS) will still be protected under

the new regulations. The EPA is

proposing to approve this request. In the

final rules section of this Federal

Register, the EPA is approving the

State’s requests as a direct final rule

without prior proposal because EPA

views this action as noncontroversial

and anticipates no adverse comments. A

detailed rationale for approving the

State’s request is set forth in the direct

final rule. The direct final rule will

become effective without further notice

unless the Agency receives relevant

adverse written comments on this

proposed rule. Should the Agency

receive such comment, it will publish a

final rule informing the public that the

direct final rule did not take effect and

such public comment received will be

addressed in a subsequent final rule

based on this proposed rule. If no

adverse written comments are received,

the direct final rule will take effect on

the date stated in that document and no

further activity will be taken on this

proposed rule. EPA does not plan to

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time.

DATES: Written comments on this

proposed rule must be received on or

before July 31, 1998.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal are

available for inspection at: Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

David Pohlman, Environmental

Scientist, Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886–3299.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: June 11, 1998.

David A. Ullrich,

Acting Regional Administrator, Region V.

[FR Doc. 98–17379 Filed 6–30–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX98–1–7386; FRL–6117–4]

Approval and Promulgation of Air

Quality State Implementation Plans,

Texas; Recodification of, and

Revisions to the State Implementation

Plan; Chapter 114

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes approval

in this action the recodification of and

revision to the Texas State

Implementation Plan (SIP) for 30 TAC

Chapter 114, ‘‘Control of Air Pollution

from Motor Vehicles.’’ This revision was

submitted by the Governor on

November 20, 1997, to reformat and

renumber existing state Chapter 114

sections into seven new subchapters (A

through G) without substantial technical

changes.

In the final rules section of this

Federal Register, EPA is approving the

State’s SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn, and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time.

Please see the direct final rule of this

action located elsewhere in today’s

Federal Register for a detailed

description of the recodification and

revision to 30 TAC Chapter 114.

DATES: Comments on this proposed rule

must be postmarked by July 31, 1998.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733.

Copies of the documents about this

action are available for public

inspection during normal business

hours at the above and following

location. Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite

700, Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, 2100 Park 35 Circle,

Austin, Texas 78711–3087.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scoggins, Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7354 or via e-mail

at scoggins.paul@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region 6 address.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

action of the same title which is

published in the Rules and Regulations

section of this Federal Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by