§ 43. Interpretations concerning preemption of certain State laws
(a)
Notice and opportunity for comment required
Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency’s own motion, that concludes that Federal law preempts the application to a national bank of any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or before making a determination under section
36
(f)(1)(A)(ii) of this title, the appropriate Federal banking agency (as defined in section
1813 of this title) shall—
(1)
publish in the Federal Register notice of the preemption or discrimination issue that the agency is considering (including a description of each State law at issue);
(3)
in developing the final opinion letter or interpretive rule issued by the agency, or making any determination under section
36
(f)(1)(A)(ii) of this title, consider any comments received.
(b)
Publication required
The appropriate Federal banking agency shall publish in the Federal Register—
(c)
Exceptions
(1)
No new issue or significant basis
This section shall not apply with respect to any opinion letter or interpretive rule that—
(2)
Judicial, legislative, or intragovernmental materials
This section shall not apply with respect to materials prepared for use in judicial proceedings or submission to Congress or a Member of Congress, or for intragovernmental use.
(3)
Emergency
The appropriate Federal banking agency may make exceptions to subsection (a) of this section if—
(A)
the agency determines in writing that the exception is necessary to avoid a serious and imminent threat to the safety and soundness of any national bank; or
(B)
the opinion letter or interpretive rule is issued in connection with—
(i)
an acquisition of 1 or more banks in default or in danger of default (as such terms are defined in section
1813 of this title); or