28596 Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Notices

9See also OCC Interpr. Ltr. No. 866 (Oct. 8, 1999),

reprinted in [1999–2000 Transfer Binder] Fed.

Banking L. Rep. (CCH) P 81–360 (state law

requirements that purport to preclude national

banks from soliciting trust business from customers

located in states other than where the bank’s main

office is located would be preempted); OCC Interpr.

Ltr. No. 749 (Sept. 13, 1996), reprinted in [1996–

1997 Transfer Binder] Fed. Banking L. Rep. (CCH)

P 81–114 (state law requiring national banks to be

licensed by the state to sell annuities would be

preempted); OCC Interpr. Ltr. 644 (March 24, 1994),

reprinted in [1994 Transfer Binder] Fed. Banking L.

Rep. (CCH) P 83,553 (state registration and fee

requirements imposed on mortgage lenders would

be preempted).

10 In addition, we note under the circumstances

that section 85 permits the bank to charge interest

in accordance with Ohio law and preempts any

state law requirement that Michigan usury law

applies to the loans at issue. See OCC Interpr. Ltr.

822, supra n. 6. Because the activities in question

do not involve insurance, the unique preemption

standard established under the McCarran-Ferguson

Act is not at issue 12 U.S.C. 1012. Nor are the

recently enacted provisions of the GLBA. 15 U.S.C.

6701.

First, the FIB’s interpretation of Michigan

law prohibits banks from using automobile

dealers as agents to originate loans. Congress

intended to permit national banks to have

‘‘all such incidental powers as shall be

necessary to carry on the business of

banking.’’ 12 U.S.C. 24(Seventh). Federal

regulations expressly interpret this grant to

include the authority to use agents to

originate loans. See 12 CFR § 7.1004. To the

extent that a state asserts the right to restrict

or condition a national bank’s exercise of the

Federally granted powers, that state’s law

will be preempted. Barnett, supra, at 34;

Franklin, supra, at 378; Bank of America

National Trust & Savings Ass’n. v. Lima, 103

F. Supp. 916, 918, 920 (D. Mass. 1952)

(exercise of national bank powers is not

subject to state approval; states have no

authority to require national banks to obtain

a license to engage in an activity permitted

to them by Federal law).9

Second, by effectively prohibiting the

Banks from originating loans at an

automobile dealership in Michigan, the FIB’s

interpretation of the MVSFA prevents the

Banks from exercising its power under 12

U.S.C. 85, as previously discussed, to charge

the interest rates permitted by its home state,

Ohio. To the extent the FIB interprets the

MVSFA to subject the Banks to interest rate

limitations of other states, it is preempted by

Federal law.

Finally, it is our opinion that the FIB’s

interpretation of the MVSFA that would

require a national bank to obtain a state

license and treat the transaction as a loan

purchase from a dealership also is preempted

by the Federal law giving the OCC exclusive

visitorial authority over national banks. A

state requirement that a national bank obtain

state approval or license to exercise a power

authorized under Federal law is an assertion

by the state that it has supervisory or

regulatory authority over national banks.

This is in direct conflict with the Federal law

providing that the OCC has exclusive

visitorial powers over national banks except

as otherwise provided by Federal law. 12

U.S.C. 484; 12 CFR 7.4000. A state law that

purports to vest this authority in a state is

preempted. In this case, it is our opinion that

the FIB’s application of the state licensing

requirement to national banks would be

preempted on this basis as well.

The characterization by several of the

commenters of the MVSFA as a consumer

protection statute does not alter this

conclusion. With respect to banks with

interstate branches, the Riegle-Neal Act

provides:

[t]he laws of the host State regarding

community reinvestment, consumer

protection, fair lending, and establishment of

intrastate branches shall apply to any branch

in the host State of an out-of-state national

bank to the same extent as such state laws

apply to a branch of a bank chartered by that

State except—

(i) When Federal law preempts that

application of such state laws to a national

bank * * *

12 U.S.C. 36(f)(1)(A) (emphasis added).

Thus, the Riegle-Neal Act does not protect

state consumer laws to the extent that they

are preempted by Federal law and, as

discussed, it is our opinion that the MVFSA

is preempted by Federal law.10

Conclusion

To the extent the FIB interprets the

MVSFA to limit the Banks’ proposed motor

vehicle financing arrangement, it is our

opinion that it is preempted by Federal law.

We trust that this is responsive to your

inquiry. Our conclusions are based on the

facts and representations made in your

letters. Any material change in facts or

circumstances could affect the conclusions

stated in this letter.

Sincerely,

Julie L. Williams,

First Senior Deputy Comptroller and Chief

Counsel.

[FR Doc. 01–12946 Filed 5–22–01; 8:45 am]

BILLING CODE 4810–33–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Proposed Collection; Comment

Request for Form 1116

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice and request for

comments.

SUMMARY: The Department of the

Treasury, as part of its continuing effort

to reduce paperwork and respondent

burden, invites the general public and

other Federal agencies to take this

opportunity to comment on proposed

and/or continuing information

collections, as required by the

Paperwork Reduction Act of 1995,

Public Law 104–13 (44 U.S.C.

3506(c)(2)(A)). Currently, the IRS is

soliciting comments concerning Form

1116, Foreign Tax Credit.

DATES: Written comments should be

received on or before July 23, 2001 to be

assured of consideration.

ADDRESSES: Direct all written comments

to Garrick R. Shear, Internal Revenue

Service, room 5244, 1111 Constitution

Avenue NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the form and instructions

should be directed to Allan Hopkins,

(202) 622–6665, Internal Revenue

Service, room 5244, 1111 Constitution

Avenue NW., Washington, DC 20224.

SUPPLEMENTARY INFORMATION:

Title: Foreign Tax Credit.

OMB Number: 1545–0121.

Form Number: 1116.

Abstract: Form 1116 is used by

individuals (including nonresident

aliens), estates, or trusts who paid

foreign income taxes on U.S. taxable

income, to compute the foreign tax

credit. This information is used by the

IRS to determine if the foreign tax credit

is properly computed.

Current Actions: There are no changes

being made to Form 1116 at this time.

Type of Review: Extension of a

currently approved collection.

Affected Public: Individuals or

households.

Estimated Number of Respondents:

779,773.

Estimated Time Per Respondent: 3

hours, 38 minutes.

Estimated Total Annual Burden

Hours: 2,837,771.

The following paragraph applies to all

of the collections of information covered

by this notice:

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 OMB control number.

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.

Request for Comments

Comments submitted in response to

this notice will be summarized and/or

included in the request for OMB

approval. All comments will become a

matter of public record. Comments are

invited on: (a) whether the collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information shall have practical utility;

(b) the accuracy of the agency’s estimate

of the burden of the collection of

Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Notices 28597

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; (d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology; and (e) estimates of capital

or start-up costs and costs of operation,

maintenance, and purchase of services

to provide information.

Approved: May 17, 2001.

Garrick R. Shear,

IRS Reports Clearance Officer.

[FR Doc. 01–13065 Filed 5–22–01; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF VETERANS

AFFAIRS

[OMB Control No. 2900–0300]

Agency Information Collection

Activities Under OMB Review

AGENCY: Veterans Benefits

Administration, Department of Veterans

Affairs.

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (PRA) of 1995

(44 U.S.C., 3501 et seq.), this notice

announces that the Veterans Benefits

Administration (VBA), Department of

Veterans Affairs, has submitted the

collection of information abstracted

below to the Office of Management and

Budget (OMB) for review and comment.

The PRA submission describes the

nature of the information collection and

its expected cost and burden; it includes

the actual data collection instrument.

DATES: Comments must be submitted on

or before June 22, 2001.

FOR FURTHER INFORMATION OR A COPY OF

THE SUBMISSION CONTACT: Denise

McLamb, Information Management

Service (045A4), Department of

Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420, (202) 273–

8030, FAX (202) 273–5981 or e-mail

denise.mclamb@mail.va.gov. Please

refer to ‘‘OMB Control No. 2900–0300.’’

SUPPLEMENTARY INFORMATION:

Title: Veterans Application for

Assistance in Acquiring Special

Housing Adaptations, VA Form 26–

4555d.

OMB Control Number: 2900–0300.

Type of Review: Extension of a

currently approved collection.

Abstract: VA Form 26–4555d is used

by disabled veterans in applying for

special housing and adaptations to

dwellings. Grants are available to assist

disabled veterans in making adaptations

to their current residences or one, which

they intend to live in as long as the

veteran or a member of the veteran’s

family owns the home. It also provides

information for use in approving or

disapproving a veteran’s application for

a grant.

An agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number. The Federal Register

Notice with a 60-day comment period

soliciting comments on this collection

of information was published on

October 17, 2000, on page 61380.

Affected Public: Individuals or

households.

Estimated Annual Burden: 25 hours.

Estimated Average Burden Per

Respondent: 20 minutes.

Frequency of Response: On occasion.

Estimated Number of Respondents:

75.

Send comments and

recommendations concerning any

aspect of the information collection to

VA’s OMB Desk Officer, OMB Human

Resources and Housing Branch, New

Executive Office Building, Room 10235,

Washington, DC 20503, (202) 395–7316.

Please refer to ‘‘OMB Control No. 2900–

0300’’ in any correspondence.

Dated: May 4, 2001.

Donald L. Neilson,

Director, Information Management Service.

[FR Doc. 01–12972 Filed 5–22–01; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERAN AFFAIRS

Office of Research and Development;

Department of Veterans Affairs Human

Research Protection Accreditation

Program

AGENCY: Department of Veterans Affairs.

ACTION: Notice of draft accreditation

standards.

SUMMARY: This notice informs interested

parties that draft standards for the

Department of Veterans Affairs (VA)

Human Research Protection

Accreditation Program (VAHRPAP) will

be available for public comment on the

National Committee for Quality

Assurance (NCQA) Web site:

www.ncqa.org.

DATES: The public comment period will

start May 16, 2001, and will continue

through June 1, 2001.

ADDRESS: The preferred method for

receiving comments is as a Microsoft

Word file attached to an e-mail message.

The e-mail message should be sent to

VAHRPAP@ncqa.org and have ‘‘Public

Comment’’ in the subject line. Please

include your name, organizational

affiliation and telephone number in any

e-mail correspondence.

Mail written comments (one original

and three copies) to the following

address: NCQA, Attn: VAHRPAP, 2000

L Street, NW., Suite 500, Washington,

DC 20036. If you sent your comments by

e-mail, please do not send duplicate

comments by mail.

SUPPLEMENTARY INFORMATION: The

Department of Veterans Affairs awarded

a five-year contract to the National

Committee for Quality Assurance

(NCQA) to conduct an accreditation

program, the first of its kind, to help to

ensure that VA medical centers are

complying with VA and other

applicable Federal regulations for the

protection of human subjects of

research. NCQA is a private, non-profit

organization dedicated to improving

health care quality, with 10 years of

experience in accrediting and certifying

health care programs. NCQA will

partner with Medical Care Management

Corporation (MCMC) to design the

program and to recruit, credential and

schedule surveyors. MCMC has

established a large panel of experienced

clinical researchers who evaluate the

appropriateness of experimental

treatments, conduct technology

assessments and review research

protocols.

VA conducts biomedical, health

services, and rehabilitation research to

improve the health care delivered to the

Nation’s veterans. The Office of

Research and Development (ORD) has

developed policies, consistent with the

Common Rule and the Food and Drug

Administration (FDA) regulations, to

safeguard human subjects in research.

Also, as part of its responsibilities in

protecting human subjects, VA’s Office

of Research Compliance and Assurance

(ORCA) collaborates with the Office of

Research and Development in carrying

out this accreditation contract, and will

analyze trends from the accreditation

reports for continuing quality

improvement. The VA Human Research

Protection Accreditation Program

(VAHRPAP) will provide a routine

external evaluation of compliance with

VA and other Federal policies.

FOR FURTHER INFORMATION: For further

information about the accreditation

program, contact NCQA Customer

Service, at (202) 955–5697. For

questions about the Department of

Veterans Affairs human subjects

protection policies or programs, call

Brenda Cuccherini, PhD, VA Office of

Research and Development, at (202)

408–3614.