This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

80947 

Vol. 88, No. 223 

Tuesday, November 21, 2023 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 9, 30, 50, 51, 70, and 110 

[NRC–2023–0144] 

RIN 3150–AL04 

Miscellaneous Corrections 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to make miscellaneous 

corrections. The amendments correct 

spelling and references; update contact 

information; and remove obsolete 

language. This is necessary to inform 

the public of these non-substantive 

amendments to the NRC’s regulations. 

DATES: This final rule is effective on 

December 21, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0144 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0144. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time, Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tricia Lizama, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–4110, email: 

TriciaDolores.Lizama@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Summary of Changes 

III. Rulemaking Procedures 

IV. Backfitting and Issue Finality 

V. Plain Writing 

VI. National Environmental Policy Act 

VII. Paperwork Reduction Act 

VIII. Congressional Review Act 

IX. Compatibility of Agreement State 

Regulations 

I. Introduction 

The NRC is amending its regulations 

in parts 9, 30, 50, 51, 70, and 110 of title 

10 of the Code of Federal Regulations 

(10 CFR). The NRC is making these 

amendments to correct spelling and 

references; revise contact information; 

and remove obsolete language. 

II. Summary of Changes 

10 CFR Part 9 

Correct Reference. This final rule 

removes an obsolete reference in 

§ 9.104(a)(4) to ‘‘§ 2.790(d)’’ and 

replaces it with the reference 

‘‘§§ 2.390(b)(3)(i) and (b)(4)’’. 

10 CFR Part 30 

Correct Spelling. This final rule 

corrects the spelling of the term 

‘‘supersede’’ in footnote 1 to § 30.32. 

10 CFR Part 50 

Correct Reference. This final rule 

removes the obsolete reference ‘‘Section 

2.790 of 10 CFR part 2’’ in appendix C 

to part 50 and replaces it with ‘‘Section 

2.390 of 10 CFR part 2’’. 

Correct Reference. In appendix J to 10 

CFR part 50, this final rule revises 

footnote 2 by replacing it with a crossreference to footnote 1. 

10 CFR Part 51 

Remove Obsolete Language: This final 

rule removes references to Subpart G 

that were inadvertently reinserted at 

§§ 51.34 and 51.102 in a final rule 

‘‘Miscellaneous Corrections’’ (79 FR 

66598; November 10, 2014). 

10 CFR Part 70 

Correct Spelling. This final rule 

corrects the spelling of the term 

‘‘supersede’’ in the footnote to § 70.22. 

This rule also corrects the spelling of 

the term ‘‘combined’’ in § 70.24 

paragraph (d)(1). 

Correct Reference. This final rule 

redesignates in ascending order the 

footnotes in § 70.22(f) and (i)(3)(viii). 

This final rule also redesignates in 

numerical order the footnote in 

§ 70.23(b). 

10 CFR Part 110 

Revise Contact Information. The NRC 

is providing an alternate method of 

contact for submitting reporting 

requirements through electronic 

submission by adding the email 

addresses ‘‘110.23reports@nrc.gov’’ in 

§ 110.54(b) and ‘‘110.26reports@

nrc.gov’’ in § 110.54(c). 

III. Rulemaking Procedures 

Under section 553(b) of the 

Administrative Procedure Act (5 U.S.C. 

553(b)), an agency may waive 

publication in the Federal Register of a 

notice of proposed rulemaking and 

opportunity for comment requirements 

if it finds, for good cause, that it is 

impracticable, unnecessary, or contrary 

to the public interest. As authorized by 

5 U.S.C. 553(b)(3)(B), the NRC finds 

good cause to waive notice and 

opportunity for comment on these 

amendments, because notice and 

opportunity for comment is 

unnecessary. The amendments will 

have no substantive impact and are of 

a minor and administrative nature 

dealing with corrections to certain CFR 

sections or are related only to 

management, organization, procedure, 

and practice. Specifically, the revisions 

correct spelling and references; revise 

contact information; and remove 

obsolete language. The Commission is 

exercising its authority under 5 U.S.C. 

553(b) to publish these amendments as 

a final rule. The amendments are 


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80948 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 

effective December 21, 2023. These 

amendments do not require action by 

any person or entity regulated by the 

NRC and do not change the substantive 

responsibilities of any person or entity 

regulated by the NRC. 

IV. Backfitting and Issue Finality 

The NRC has determined that the 

corrections in this final rule would not 

constitute backfitting as defined in 

§ 50.109, ‘‘Backfitting,’’ and as described 

in NRC Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests.’’ These corrections also would 

not constitute forward fitting as that 

term is defined and described in MD 8.4 

or affect the issue finality of any 

approval issued under 10 CFR part 52. 

The amendments are non-substantive in 

nature, including correcting spelling 

and references; revising contact 

information; and removing obsolete 

language. They impose no new 

requirements and make no substantive 

changes to the regulations. The 

corrections do not involve any 

provisions that would impose backfits 

as defined in 10 CFR chapter I, or that 

would be inconsistent with the issue 

finality provisions in 10 CFR part 52. 

For these reasons, the issuance of this 

final rule would not constitute 

backfitting or be inconsistent with any 

of the issue finality provisions in 10 

CFR part 52. Therefore, the NRC has not 

prepared any additional documentation 

for this correction rulemaking 

addressing backfitting or issue finality. 

V. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC has 

written this document to be consistent 

with the Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31885). 

VI. National Environmental Policy Act 

The NRC has determined that this 

final rule is the type of action described 

in § 51.22(c)(2), which categorically 

excludes from environmental review 

rules that are corrective or of a minor, 

nonpolicy nature and do not 

substantially modify existing 

regulations. Therefore, neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this rule. 

VII. Paperwork Reduction Act 

This final rule does not contain a 

collection of information as defined in 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) and, therefore, 

is not subject to the requirements of the 

Paperwork Reduction Act of 1995. 

VIII. Congressional Review Act 

This final rule is not a rule as defined 

in the Congressional Review Act (5 

U.S.C. 801–808). 

IX. Compatibility of Agreement State 

Regulations 

Under the ‘‘Agreement State Program 

Policy Statement’’ approved by the 

Commission on October 2, 2017, and 

published in the Federal Register (82 

FR 48535; October 18, 2017), NRC 

program elements (including 

regulations) required for adequacy and 

having a particular health and safety 

component are those that are designated 

as Categories A, B, C, D, NRC, and H&S: 

and those required for compatibility 

include those regulations and other 

legally binding requirements designated 

as Compatibility Categories A, B, C, and 

D. Compatibility Category A are those 

program elements that include basic 

radiation protection standards and 

scientific terms and definitions that are 

necessary to understand radiation 

protection concepts. An Agreement 

State should adopt Category A program 

elements in an essentially identical 

manner in order to provide uniformity 

in the regulation of agreement material 

on a nationwide basis. Compatibility 

Category B are those program elements 

that apply to activities that have direct 

and significant effects in multiple 

jurisdictions. Compatibility Category B 

pertains to a limited number of program 

elements that cross jurisdictional 

boundaries and should be addressed to 

ensure uniformity of regulation on a 

nationwide basis. The Agreement State 

program element should be essentially 

identical to that of NRC. Compatibility 

Category C are those program elements 

that do not meet the criteria of Category 

A or B, but the essential objectives of 

which an Agreement State should adopt 

to avoid conflict, duplication, gaps, or 

other conditions that would jeopardize 

an orderly pattern in the regulation of 

agreement material on a national basis. 

An Agreement State should adopt the 

essential objectives of the Category C 

program elements. Compatibility 

Category D are those program elements 

that do not meet any of the criteria of 

Category A, B, or C, above, and, thus, do 

not need to be adopted by Agreement 

States for purposes of compatibility. 

Compatibility Category NRC are those 

program elements that address areas of 

regulation that cannot be relinquished 

to the Agreement States under the 

Atomic Energy Act of 1954, as amended, 

or provisions of title 10 of the Code of 

Federal Regulations. These program 

elements should not be adopted by the 

Agreement States. Category H&S 

program elements are not required for 

purposes of compatibility; however, 

they do have particular health and 

safety significance. The Agreement State 

should adopt the essential objectives of 

such program elements to maintain an 

adequate program. 

The portions of this final rule that 

amend 10 CFR parts 30 and 70 are a 

matter of compatibility between the 

NRC and the Agreement States, thereby 

providing consistency among 

Agreement State and NRC requirements, 

and are listed in the following table. The 

changes to 10 CFR parts 9, 50, 51, and 

110 categories are not subject to 

Agreement State jurisdiction and 

consequently are not required for 

compatibility. 

COMPATIBILITY TABLE

Section Change Subject 

Compatibility 

Existing New 

Part 30 

30.32(i) ................................... AMEND .......... Application for specific licenses ............................................. H&S ............... H&S. 

Part 70 

70.22(f), (i) ............................. AMEND .......... Contents of application ........................................................... NRC ............... NRC. 

70.23(b) .................................. AMEND .......... Requirements for the approval of applications ...................... NRC ............... NRC. 


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I 
Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 80949 

COMPATIBILITY TABLE—Continued 

Section Change Subject 

Compatibility 

Existing New 

70.24 ...................................... AMEND .......... Criticality accident requirements ............................................ NRC ............... NRC. 

List of Subjects 

10 CFR Part 9 

Administrative practice and 

procedure, Courts, Criminal penalties, 

Freedom of information, Government 

employees, Privacy, Reporting and 

recordkeeping requirements, Sunshine 

Act. 

10 CFR Part 30 

Byproduct material, Criminal 

penalties, Government contracts, 

Intergovernmental relations, Isotopes, 

Nuclear energy, Nuclear materials, 

Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Whistleblowing. 

10 CFR Part 50 

Administrative practice and 

procedure, Antitrust, Backfitting, 

Classified information, Criminal 

penalties, Education, Emergency 

planning, Fire prevention, Fire 

protection, Intergovernmental relations, 

Nuclear power plants and reactors, 

Penalties, Radiation protection, Reactor 

siting criteria, Reporting and 

recordkeeping requirements, 

Whistleblowing. 

10 CFR Part 51 

Administrative practice and 

procedure, Environmental impact 

statements, Hazardous waste, Nuclear 

energy, Nuclear materials, Nuclear 

power plants and reactors, Reporting 

and recordkeeping requirements. 

10 CFR Part 70 

Classified information, Criminal 

penalties, Emergency medical services, 

Hazardous materials transportation, 

Material control and accounting, 

Nuclear energy, Nuclear materials, 

Packaging and containers, Penalties, 

Radiation protection, Reporting and 

recordkeeping requirements, Scientific 

equipment, Security measures, Special 

nuclear material, Whistleblowing. 

10 CFR Part 110 

Administrative practice and 

procedure, Classified information, 

Criminal penalties, Exports, Imports, 

Intergovernmental relations, Nuclear 

energy, Nuclear materials, Nuclear 

power plants and reactors, Penalties, 

Reporting and recordkeeping 

requirements, Scientific equipment. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendments to 10 CFR parts 9, 30, 50, 

51, 70, and 110. 

PART 9—PUBLIC RECORDS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

sec. 161 (42 U.S.C. 2201); Energy 

Reorganization Act of 1974, sec. 201 (42 

U.S.C. 5841); 44 U.S.C. 3504 note. 

Subpart A also issued under 31 U.S.C. 

9701. 

Subpart B also issued under 5 U.S.C. 552a. 

Subpart C also issued under 5 U.S.C. 552b. 

Subpart E also issued under 42 U.S.C. 405 

note. 

§ 9.104 [Amended] 

■ 2. In § 9.104, amend paragraph (a)(4) 

by removing the reference ‘‘§ 2.790(d) of 

this title’’ and adding in its place the 

references ‘‘§§ 2.390(b)(3)(i) and (b)(4) of 

this chapter;’’. 

PART 30—RULES OF GENERAL 

APPLICABILITY TO DOMESTIC 

LICENSING OF BYPRODUCT 

MATERIAL 

■ 3. The authority citation for part 30 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 81, 161, 181, 182, 183, 184, 186, 

187, 223, 234, 274 (42 U.S.C. 2014, 2111, 

2201, 2231, 2232, 2233, 2234, 2236, 2237, 

2273, 2282, 2021); Energy Reorganization Act 

of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 

5841, 5842, 5846, 5851); 44 U.S.C. 3504 note. 

§ 30.32 [Amended] 

■ 4. Amend footnote 1 in § 30.32 by 

removing ‘‘superceed’’ and adding in its 

place ‘‘supersede’’. 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 5. The authority citation for part 50 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 101, 102, 103, 104, 105, 108, 122, 

147, 149, 161, 181, 182, 183, 184, 185, 186, 

187, 189, 223, 234 (42 U.S.C. 2014, 2131, 

2132, 2133, 2134, 2135, 2138, 2152, 2167, 

2169, 2201, 2231, 2232, 2233, 2234, 2235, 

2236, 2237, 2239, 2273, 2282); Energy 

Reorganization Act of 1974, secs. 201, 202, 

206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 

Nuclear Waste Policy Act of 1982, sec. 306 

(42 U.S.C. 10226); National Environmental 

Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 

3504 note; Sec. 109, Pub. L. 96–295, 94 Stat. 

783. 

Appendix C to Part 50 [Amended] 

■ 6. In appendix C to 10 CFR part 50, 

amend footnote 1 in section I.A.1 by 

removing the reference ‘‘2.790’’ and 

adding in its place the reference 

‘‘2.390’’. 

■ 7. In appendix J, revise footnote 2 to 

read as follows: 

Appendix J to Part 50—Primary 

Reactor Containment Leakage Testing 

for Water-Cooled Power Reactors 

* * * * * 2 See footnote 1. 

* * * * * 

PART 51—ENVIRONMENTAL 

PROTECTION REGULATIONS FOR 

DOMESTIC LICENSING AND RELATED 

REGULATORY FUNCTIONS 

■ 8. The authority citation for part 51 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 161, 193 (42 U.S.C. 2201, 2243); Energy 

Reorganization Act of 1974, secs. 201, 202 

(42 U.S.C. 5841, 5842); National 

Environmental Policy Act of 1969 (42 U.S.C. 

4332, 4334, 4335); Nuclear Waste Policy Act 

of 1982, secs. 144(f), 121, 135, 141, 148 (42 

U.S.C. 10134(f), 10141, 10155, 10161, 10168); 

44 U.S.C. 3504 note. 

Sections 51.20, 51.30, 51.60, 51.80, and 

51.97 also issued under Nuclear Waste Policy 

Act secs. 135, 141, 148 (42 U.S.C. 10155, 

10161, 10168). 

Section 51.22 also issued under Atomic 

Energy Act sec. 274 (42 U.S.C. 2021) and 

under Nuclear Waste Policy Act sec. 121 (42 

U.S.C. 10141). 

Sections 51.43, 51.67, and 51.109 also 

issued under Nuclear Waste Policy Act sec. 

114(f) (42 U.S.C. 10134(f)). 

§ 51.34 [Amended] 

■ 9. In § 51.34, amend the first sentence 

in paragraph (b) by removing the 

reference ‘‘subpart G of’’. 

§ 51.102 [Amended] 

■ 10. In § 51.102, amend the first 

sentence in paragraph (c) by removing 

the reference ‘‘subpart G of’’. 


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80950 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 

1 78 FR 76728 (Dec. 19, 2013). 

2 12 CFR 721.3(b)(2). 

3 26 U.S.C. 501(c)(3). 

PART 70—DOMESTIC LICENSING OF 

SPECIAL NUCLEAR MATERIAL 

■ 11. The authority citation for part 70 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 51, 53, 57(d), 108, 122, 161, 182, 183, 

184, 186, 187, 193, 223, 234, 274, 1701 (42 

U.S.C. 2071, 2073, 2077(d), 2138, 2152, 2201, 

2232, 2233, 2234, 2236, 2237, 2243, 2273, 

2282, 2021, 2297f); Energy Reorganization 

Act of 1974, secs. 201, 202, 206, 211 (42 

U.S.C. 5841, 5842, 5846, 5851); Nuclear 

Waste Policy Act of 1982, secs. 135, 141 (42 

U.S.C. 10155, 10161); 44 U.S.C. 3504 note. 

Sections 70.1(c) and 70.20a(b) also issued 

under secs. 135, 141, Pub. L. 97–425, 96 Stat. 

2232, 2241 (42 U.S.C. 10155, 10161). 

Section 70.21(g) also issued under Atomic 

Energy Act sec. 122 (42 U.S.C. 2152). 

Section 70.31 also issued under Atomic 

Energy Act sec. 57(d) (42 U.S.C. 2077(d)). 

Sections 70.36 and 70.44 also issued under 

Atomic Energy Act sec. 184 (42 U.S.C. 2234). 

Section 70.81 also issued under Atomic 

Energy Act secs. 186, 187 (42 U.S.C. 2236, 

2237). 

Section 70.82 also issued under Atomic 

Energy Act sec. 108 (42 U.S.C. 2138). 

■ 12. In § 70.22: 

■ a. Amend paragraph (f) by 

redesignating footnote 2 as footnote 1. 

■ b. Amend paragraph (i)(3)(viii) by 

redesignating footnote 1 as footnote 2 

and revising newly redesignated 

footnote 2. 

The revision reads as follows: 

§ 70.22 Contents of applications. 

* * * * * 

(i) * * * 

(3) * * * 

(viii) * * * 

[2] These reporting requirements do not 

supersede or release licensees of complying 

with the requirements under the Emergency 

Planning and Community Right-to-Know Act 

of 1986, Title III, Public Law 99–499 or other 

state or Federal reporting requirements. 

§ 70.23 [Amended] 

■ 13. Amend paragraph (b) of § 70.23 by 

removing the superscript ‘‘[3]’’ and 

adding in its place the superscript ‘‘[2]’’ 

and redesignating footnote 3 as footnote 

2. 

§ 70.24 [Amended] 

■ 14. Amend paragraph (d)(1) of § 70.24 

by removing ‘‘ombined’’ and adding in 

its place ‘‘combined’’. 

PART 110—EXPORT AND IMPORT OF 

NUCLEAR EQUIPMENT AND 

MATERIAL 

■ 15. The authority citation for part 110 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 

82, 103, 104, 109, 111, 121, 122, 123, 124, 

126, 127, 128, 129, 133, 134, 161, 170H, 181, 

182, 183, 184, 186, 187, 189, 223, 234 (42 

U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 

2093, 2094, 2095, 2111, 2112, 2133, 2134, 

2139, 2141, 2151, 2152, 2153, 2154, 2155, 

2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 

2231, 2232, 2233, 2234, 2236, 2237, 2239, 

2273, 2282); Energy Reorganization Act of 

1974, sec. 201 (42 U.S.C. 5841); 

Administrative Procedure Act (5 U.S.C. 552, 

553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 

note. 

Section 110.1(b) also issued under 22 

U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C. 

2401 et seq. 

§ 110.54 [Amended] 

■ 16. In § 110.54: 

■ a. Amend the second sentence in 

paragraph (b) introductory text by 

adding the phrase ‘‘or by electronic 

submission at 110.23reports@nrc.gov’’ 

after the phrase ‘‘provided in § 110.4’’; 

and 

■ b. Amend the second sentence in 

paragraph (c) introductory text by 

adding the phrase ‘‘or by electronic 

submission at 110.26reports@nrc.gov’’ 

after the phrase ‘‘provided in § 110.4’’. 

Dated: November 7, 2023. 

For the Nuclear Regulatory Commission. 

Cindy K. Bladey, 

Chief, Regulatory Analysis and Rulemaking 

Support Branch, Division of Rulemaking, 

Environmental, and Financial Support, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2023–24950 Filed 11–20–23; 8:45 am] 

BILLING CODE 7590–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 721 

[NCUA–2023–0043] 

RIN 3133–AF56 

Charitable Donation Accounts 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule. 

SUMMARY: The NCUA Board (Board) is 

amending the charitable donation 

accounts (CDAs) section of the NCUA’s 

incidental powers rule. Specifically, the 

Board is adding a post or organization 

of past or present members of the 

Armed Forces of the United States, or an 

auxiliary unit or society of, or a trust or 

foundation for, any such post or 

organization recognized as exempt from 

taxation under section 501(c)(19) of the 

Internal Revenue Code (veterans’ 

organizations) to the definition of a 

‘‘qualified charity’’ that a Federal credit 

union may contribute to using a CDA. 

DATES: This rule is effective December 

21, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Policy: Rick Mayfield, Senior Capital 

Markets Specialist, Office of 

Examination and Insurance; Heather 

Murphy, Consumer Compliance Policy 

and Outreach Officer, Office of 

Consumer Financial Protection. Legal: 

Justin M. Anderson, Senior Staff 

Attorney, Office of General Counsel, 

1775 Duke Street, Alexandria, VA 

22314–3428. Rick Mayfield can be 

reached at (703) 518–6501; Heather 

Murphy can be reached at (703) 664– 

3102; and Justin Anderson can be 

reached at (703) 518–6540. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. History of the Current Rule 

The Board approved the current CDA 

rule at its December 2013 meeting (2013 

final rule).1 The 2013 final rule 

permitted Federal credit unions to fund 

a CDA, which may hold investments 

that are otherwise impermissible for 

Federal credit unions, for use as a 

charitable contribution or donation 

under their incidental powers authority. 

The 2013 final rule defined a CDA as a 

hybrid charitable and investment 

vehicle that a Federal credit union may 

fund to provide charitable contributions 

and donations to a qualified charity. 

The 2013 final rule further defined 

‘‘qualified charity’’ 2 as a charitable 

organization or other non-profit entity 

recognized as exempt from taxation 

under section 501(c)(3) of the Internal 

Revenue Code.3

B. Scope of ‘‘Qualified Charity’’ 

As noted in the preceding section, the 

2013 final rule permitted the use of 

CDAs as an incidental power for Federal 

credit unions. As CDAs can be funded 

with investments that are impermissible 

for Federal credit unions, the Board 

limited the scope of organizations that 

could be considered a ‘‘qualified 

charity’’ for purposes of the CDA rule. 

The 2013 final rule required that a 

‘‘qualified charity’’ be a section 

501(c)(3) entity as defined by the 

Internal Revenue Code. These 

organizations are non-profit and 

organized and operated exclusively for 

charitable purposes. Because CDAs can 

be funded with impermissible 

investments, the Board believes it is 

necessary to keep in place distinct 

limits on groups that are beneficiaries of 

a CDA. As such, any group the Board 

would consider adding as a ‘‘qualified 


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