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.
12 U.S. Code § 43. Interpretations concerning preemption of certain State laws
(a) Notice and opportunity for comment requiredBefore 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—
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 requiredThe appropriate Federal banking agency shall publish in the Federal Register—
any determination under section 36(f)(1)(A)(ii) of this title.
(1) No new issue or significant basisThis section shall not apply with respect to any opinion letter or interpretive rule that—
(2) Judicial, legislative, or intragovernmental materials
(3) EmergencyThe appropriate Federal banking agency may make exceptions to subsection (a) if—
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—
an acquisition with respect to which the Federal Deposit Insurance Corporation provides assistance under section 1823(c) of this title.