Page:United States Statutes at Large Volume 121.djvu/2502

 PUBLIC LAW 110–172—DEC. 29, 2007

121 STAT. 2481

employed in foreign trade or trade between the United States and any of its possessions.’’. (C) Subsection (e) of section 4082 is amended— (i) by striking ‘‘an aircraft, the rate of tax under section 4081(a)(2)(A)(iii) shall be zero.’’ and inserting ‘‘an aircraft— ‘‘(1) the rate of tax under section 4081(a)(2)(A)(iii) shall be zero, and ‘‘(2) if such aircraft is employed in foreign trade or trade between the United States and any of its possessions, the increase in such rate under section 4081(a)(2)(B) shall be zero.’’; and (ii) by moving the last sentence flush with the margin of such subsection (following the paragraph (2) added by clause (i)). (D) Section 6430 is amended to read as follows:

26 USC 4082.

‘‘SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND STORAGE TANK TRUST FUND FINANCING RATE.

‘‘No refunds, credits, or payments shall be made under this subchapter for any tax imposed at the Leaking Underground Storage Tank Trust Fund financing rate, except in the case of fuels— ‘‘(1) which are exempt from tax under section 4081(a) by reason of section 4082(f)(2), ‘‘(2) which are exempt from tax under section 4041(d) by reason of the last sentence of paragraph (5) thereof, or ‘‘(3) with respect to which the rate increase under section 4081(a)(2)(B) is zero by reason of section 4082(e)(2).’’. (3) Paragraph (5) of section 4041(d) is amended by inserting ‘‘(b)(1)(A),’’ after ‘‘subsections’’. (e) EFFECTIVE DATE.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall take effect as if included in the provisions of the Energy Policy Act of 2005 to which they relate. (2) NONAPPLICATION OF EXEMPTION FOR OFF-HIGHWAY BUSINESS USE.—The amendment made by subsection (d)(3) shall apply to fuel sold for use or used after the date of the enactment of this Act. (3) AMENDMENT MADE BY THE SAFETEA–LU.—The amendment made by subsection (d)(2)(C)(ii) shall take effect as if included in section 11161 of the SAFETEA–LU.

26 USC 30c note.

SEC. 7. AMENDMENTS RELATED TO THE AMERICAN JOBS CREATION ACT OF 2004.

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(a) AMENDMENTS RELATED TO SECTION 339 OF THE ACT.— (1)(A) Section 45H is amended by striking subsection (d) and by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (B) Subsection (d) of section 280C is amended to read as follows: ‘‘(d) CREDIT FOR LOW SULFUR DIESEL FUEL PRODUCTION.— The deductions otherwise allowed under this chapter for the taxable year shall be reduced by the amount of the credit determined for the taxable year under section 45H(a).’’. (C) Subsection (a) of section 1016 is amended by striking paragraph (31) and by redesignating paragraphs (32) through (37) as paragraphs (31) through (36), respectively.

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