Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Rules and Regulations 27597

compliance with this airworthiness directive,

if any, may be obtained from the ECO.

Special Flight Permits

(h) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the aircraft to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(i) The inspections must be done in

accordance with GE ASB CF6–80C2 72–

A1026, dated January 17, 2001. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from General

Electric Company via Lockheed Martin

Technology Services, 10525 Chester Road,

Suite C, Cincinnati, Ohio 45215, telephone:

(513) 672–8400, fax: (513) 672–8422. Copies

may be examined at the FAA, New England

Region, Office of the Regional Counsel, 12

New England Executive Park, Burlington,

MA, or at the Office of the Federal Register,

800 North Capitol Street, NW., suite 700,

Washington, DC.

Effective Date of This AD

(j) This amendment becomes effective on

June 18, 2001.

Issued in Burlington, Massachusetts, on

May 10, 2001.

Francis A. Favara,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 01–12374 Filed 5–17–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 48

[TD 8945]

RIN 1545–AY85

Taxable Fuel Measurement

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final

regulations relating to the measurement

of taxable fuel. The regulations affect

certain blenders, enterers, refiners,

terminal operators, and throughputters.

DATES: Effective Date: These regulations

are effective May 18, 2001.

Applicability Date: These regulations

are applicable January 1, 1994.

FOR FURTHER INFORMATION CONTACT:

Frank Boland (202) 622–3130 (not a tollfree number).

SUPPLEMENTARY INFORMATION:

Background

Section 4081 imposes a tax on certain

removals, entries, and sales of taxable

fuel. Section 4083 provides that taxable

fuel means gasoline, diesel fuel, and

kerosene.

Before July 1, 2000, regulations

provided that gallons of taxable fuel

could be measured on the basis of actual

volumetric gallons or gallons adjusted to

60 degrees Fahrenheit. However,

regulations that were published in the

Federal Register on March 31, 2000,

(TD 8879; 65 FR 17149) provide that

beginning July 1, 2000, for each period

from July 1 through the following June

30 a person liable for tax on a removal

may use only one of the two bases of

measurement with respect to taxable

fuel removed from any particular

terminal, refinery, or blending facility.

This rule (the consistency requirement)

also applies to taxable entries and sales.

After publication of TD 8879, the IRS

and the Treasury Department

determined that many taxpayers would

have had to change their accounting

systems to comply with the consistency

requirement and would have been

unable to complete the necessary

changes by July 1, 2000. Accordingly,

Notice 2000–33 (2000–27 I.R.B. 97)

provided that taxpayers would not be

required to comply with the consistency

requirement before July 1, 2001. In the

meantime, a taxpayer could use either

basis of measurement for each taxable

removal, entry, or sale of taxable fuel.

Explanation of Provisions

The IRS and the Treasury Department

have now determined that the

consistency requirement would force

many taxpayers to alter current standard

business practices and potentially could

make routine IRS examinations more

time consuming and burdensome. To

avoid these adverse consequences, the

final regulations in this document

remove the consistency requirement and

reinstate the provision that was in effect

before July 1, 2000.

Effect on Other Documents

Notice 2000–33 (2000–27 I.R.B. 97) is

obsolete as of May 18, 2001.

Special Analyses

This rule relieves taxpayer burden by

eliminating a requirement with respect

to the measurement of taxable fuel.

Therefore, it has been determined that

notice and public comment are

unnecessary and contrary to the public

interest. For the same reason, a delayed

effective date under 5 U.S.C. 553(d) is

not required. Because no preceding

notice of proposed rulemaking is

required for this Treasury decision and

the rule does not impose on small

entities a collection of information

requirement, the provisions of the

Regulatory Flexibility Act do not apply.

It also has been determined that this

Treasury decision is not a significant

regulatory action as defined in

Executive Order 12866. Therefore, a

regulatory assessment is not required.

Pursuant to section 7805(f) of the Code,

these final regulations were submitted

to the Chief Counsel for Advocacy of the

Small Business Administration for

comment on their impact on small

business.

Drafting Information

The principal author of these

regulations is Frank Boland, Office of

Associate Chief Counsel (Passthroughs

and Special Industries). However, other

personnel from the IRS and Treasury

Department participated in their

development.

List of Subjects in 26 CFR Part 48

Excise taxes, Reporting and

recordkeeping requirements.

Adoption of Amendments to the

Regulations

Accordingly, 26 CFR part 48 is

amended as follows:

PART 48—MANUFACTURERS AND

RETAILERS EXCISE TAXES

Paragraph 1. The authority citation

for part 48 continues to read in part as

follows:

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

Par. 2. Section 48.4081–8 is revised to

read as follows:

§ 48.4081–8 Taxable fuel; measurement.

(a) In general. Volumes of taxable fuel

may be measured on the basis of actual

volumetric gallons or gallons adjusted to

60 degrees Fahrenheit.

(b) Effective date. This section is

applicable January 1, 1994.

Approved: May 10, 2001.

Robert E. Wenzel,

Deputy Commissioner of Internal Revenue.

Mark A. Weinberger,

Assistant Secretary of the Treasury.

[FR Doc. 01–12600 Filed 5–17–01; 8:45 am]

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