Interpretations and Actions: March 2001

Vol. 14, No. 3

PLEASE NOTE: Interpretive Letters and No-Objection Letters reflect the views of the Comptroller's legal staff. Corporate Decisions, CRA Decisions and Conditional Approvals are from the office of Bank Organization and Structure. The list of CRA Ratings is from the Communications Division. For copies of the CRA evaluations, you may either contact the bank directly, or you may write to the Office of the Comptroller of the Currency (OCC) in any of three ways: by mail to the OCC, Attn: Public Information Room, Mail Stop 1-5, Washington, D.C. 20219; by fax to (202) 874-4448; or by email to FOIA-PA@occ.treas.gov. You may also write to the OCC for copies of enforcement actions and charters with standard conditions.

Members of the news media are encouraged to cite the letter number when reporting or summarizing documents from this package. This helps us to process single requests based upon your citation in a more timely manner.

Interpretive Letters

Letter No.	Topic
906	Letter states that the Electronic Funds Transfer Act (EFTA) is not controlling with respect to the authority of national banks to charge ATM access fees. In addition, the EFTA does not conflict with the National Bank Act because the EFTA does not address the substantive power of national banks to charge ATM access fees. 01/19/2001

CRA Decisions

Letter No.	Topic
108	Application by Wells Fargo Bank New Mexico, National Association, Albuquerque, New Mexico, to purchase and assume certain of the assets and liabilities of First Security Bank of New Mexico, Albuquerque, New Mexico. (Control Number 2000 ML 02 0030), 2/15/2001

Corporate Decisions

Letter No.	Topic
2001-04	Application to consolidate West Texas National Bank, Alpine Texas, with First National Bank, Alpine, Texas, under the title of West Texas National Bank. (Control Number 2000 SW 02 0035), 01/03/2001
2001-05	Application by National Bank of Commerce, Memphis, Tennessee, to establish an operating subsidiary entitled National Bank of Commerce Foundation, Inc., to engage in certain permissible activities. (Control Number 2000 SE 08 0066), 02/02/2001

Approvals with conditions enforceable under 12 U.S.C. 1818

Letter No.	Topic
449	Application to charter Futurus Bank, N.A., Alpharetta, Georgia. (Control Number 1999 SE 01 0028), 2/12/2001
450	Application to merger Summit Bank, Hackensack, New Jersey; Summit Bank, Norwalk, Connecticut; and Summit Bank, Bethlehem, Pennsylvania, into and under the charter and title of Fleet National Bank, Providence, Rhode Island. (Control Number 2000 ML 02 0032), 2/13/2001
451	Application by Advanta National Bank, Wilmington, Delaware, to reduce capital. (Control Number 2001 NE 12 0034), 2/28/2001

Charters with Standard Conditions

Each of the following charter application(s) were approved with a standard condition enforceable under 12 U.S.C. 1818 that requires the bank, during the first three years of its operation, to provide notice to the OCC in advance of any significant deviations or changes from its proposed operating plan.

Letter No.	Topic
452	Midland Trust Company, National Association, Houston, Texas, (Control Number 2000 SW 01 0009), 1/31/2001
453	Leader Bank, National Association, Arlington, Massachusetts, (Control Number 2000 NE 01 0025), 2/26/2001

Final Enforcement Actions

Enclosed is a copy of the OCC's news release number 2001-31, announcing the availability of enforcement actions. Copies of the final actions are available by writing to the OCC, Public Reference Room, Mailstop 1-5, Washington, D.C. 20219. When ordering, specify the appropriate enforcement action number.

Community Reinvestment Act (CRA) Performance Evaluations

Enclosed is a list of CRA performance evaluations that became public during the period of February 15, 2001 through March 14, 2001.

INTERPRETATIONS AND ACTIONS is published monthly by the Office of the Comptroller of the Currency. Subscriptions are available at a rate of $175 per year by writing to the Comptroller of the Currency, P.O. Box 70004, Chicago, IL 60673-0004. Prepayment is requested. Suggestions, comments or questions may be sent to Jacqueline J. England, Communications Division, Mailstop 3-2, Comptroller of the Currency, Washington, DC 20219.