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);
(2)give interested parties not less than 30 days in which to submit written comments; and
(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—
(1)any final opinion letter or interpretive rule concluding that Federal law preempts the application of any State law regarding community reinvestment, consumer protection, fair lending, or establishment of intrastate branches to a national bank; and
This section shall not apply with respect to any opinion letter or interpretive rule that—
(A)raises issues of Federal preemption of State law that are essentially identical to those previously resolved by the courts or on which the agency has previously issued an opinion letter or interpretive rule; or
(B)responds to a request that contains no significant legal basis on which to make a preemption determination.
(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.
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
(ii)an acquisition with respect to which the Federal Deposit Insurance Corporation provides assistance under section
1823(c) of this title.
Another R.S. § 5244 is classified to section
8 of Title
33, Navigation and Navigable Waters.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.