63916 Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Notices

1Ohio Rev. Code Ann. § 4517.

2Memorandum from Mitchell J. Brown, Registrar,

Ohio Bureau of Motor Vehicles, to All Ohio Auto

Auctions, Leasing Dealers, and Banks (November

12, 1993). 3 12 U.S.C. 43.

NEW EXEMPTIONS

Application

No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof

12547–N ...... RSPA–00–8006 Rohm and Haas Company, Philadelphia, PA.49 CFR ...........................

177.834(i)(3) ...................

To authorize the loading and/or unloading of hazardous materials to/from cargo tank motor vehicles without the physical presence of an

unloader. (mode 1)

12548–N ...... RSPA–00–8005 TriCal Inc., Hollister, CA 49 CFR ...........................

174.67(i) & (j), .................

174.67(j) ..........................

To authorize rail car connectors to remain attached

while standing without the physical presence of

an unloader. (mode 2)

12549–N ...... RSPA–00–8004 Griro S.A., Romania ....... 49 CFR ...........................

178.245–1(a) ..................

To authorize the manufacture, marking, sale and

use of DOT Specification 51 steel portable tanks

permanently installed in an ISO frame that have

been designated, constructed and stamped in

accordance with Section VIII, Division 2 instead

of Division 1 of the ASME Code. (modes 1, 2, 3)

12552–N ...... RSPA–00–8001 Illbruck Sealant Systems,

B.V., The Netherlands.

49 CFR ...........................

173.306(a)(3)(v) ..............

To authorize an alternative testing method for specially designed aerosol containers for use in

transporting limited quantities of Division 2.1 material. (modes 1, 2, 3)

12554–N ...... RSPA–00–8116 LKQ Corporation,

Lecanto, FL.

49 CFR 173.166(d)(3) .... To authorize the transportation in commerce of recycled airbags in bulk shipment without intermediate form of containment. (mode 1)

[FR Doc. 00–27380 Filed 10–24–00; 8:45 am]

BILLING CODE 4910–60–M

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

[Docket No. 00–21]

Notice of Request for Preemption

Determination

AGENCY: Office of the Comptroller of the

Currency, Treasury.

ACTION: Notice and request for comment.

SUMMARY: The Office of the Comptroller

of the Currency (OCC) is publishing for

comment a request for the OCC’s

opinion about whether Federal law

would preempt certain provisions of

Ohio law that limit the manner in which

reclaimed leased vehicles may be sold.

The purpose of this notice and request

for comment is to provide interested

persons with an opportunity to submit

comments prior to the OCC’s issuance of

an opinion.

DATES: Comments must be received on

or before November 24, 2000.

ADDRESSES: Comments should be sent to

the Communications Division, Office of

the Comptroller of the Currency, 250 E

Street, SW., Third Floor, Attention:

Docket No. 00–21, Washington, DC

20219. You may submit comments

electronically to

regs.comments@occ.treas.gov or by

facsimile transmission to (202) 874–

5274. You can inspect and photocopy

the comments at the OCC’s Public

Reference Room, 250 E Street, SW.,

Washington, DC, between 9 a.m. and 5

p.m. on business days. You can make an

appointment to inspect the comments

by calling (202) 874–5043.

FOR FURTHER INFORMATION CONTACT:

Michele Meyer, Senior Attorney, or

Mark Tenhundfeld, Assistant Director,

Legislative and Regulatory Activities

Division, (202) 874–5090.

SUPPLEMENTARY INFORMATION: The

requester is a national bank that engages

in motor vehicle leasing in Ohio. On

November 12 , 1993, the Registrar of the

Ohio Bureau of Motor Vehicles (OBMV)

issued a memorandum in which it

concluded that Ohio Revised Code

section 4517 1 prohibits the public sale

of reclaimed leased vehicles.2 Under

this interpretation, reclaimed leased

vehicles can only be sold at wholesale

to persons licensed under section 4517

as ‘‘dealers.’’

The requester has asked our opinion

whether the National Bank Act would

preempt section 4517 as interpreted by

the OBMV. Under the National Bank

Act, 12 U.S.C. 24(Seventh) and 12

U.S.C. 24(Tenth), a national bank is

authorized to conduct a leasing business

consistent with the provisions of 12 CFR

part 23. The requester contends that its

leasing authority includes the authority

to dispose of reclaimed or off-lease

vehicles in the manner that is

economically most beneficial to the

bank and that the bank is typically able

to get the best price for its reclaimed or

off-lease vehicles by selling directly to

the public. The requester therefore

asserts that the OBMV’s construction of

the Ohio law to prohibit public sales of

reclaimed leased vehicles impairs a

national bank’s ability to exercise it

leasing authority.

Section 114 of the Riegle-Neal

Interstate Banking and Branching

Efficiency Act of 1994 (Pub. L. 103–328,

108 Stat. 2338) generally requires the

OCC to publish in the Federal Register

a descriptive notice of certain requests

that the OCC receives for preemption

opinions.3 Under section 114, the OCC

must publish notice before it issues any

opinion letter or interpretive rule

opining that Federal law preempts the

application to a national bank of any

State law in four designated areas:

community reinvestment, consumer

protection, fair lending, or the

establishment of intrastate branches.

Pursuant to section 114, interested

persons have at least 30 days to submit

written comments. Without making a

determination as to whether section 114

applies to this request, the OCC has

decided that it is appropriate to use

notice and comment procedures.

The OCC invites comments on the

issues described above. We will publish

in the Federal Register any final

opinion letter we issue in response to

the request.

Dated: October 16, 2000.

John D. Hawke, Jr.,

Comptroller of the Currency.

[FR Doc. 00–27347 Filed 10–24–00; 8:45 am]

BILLING CODE 4810–33–P