80196 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 

revising a regulatory guide as well as 

alternative courses of action. 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Proposed Rules’’ section of the Federal 

Register to comply with publication 

requirements under 1 CFR chapter I. 

III. Backfitting, Forward Fitting, and 

Issue Finality 

Issuance of DG–1415 as a final RG 

would not constitute backfitting as that 

term is defined in § 50.109 of title 10 of 

the Code of Federal Regulations (10 

CFR), ‘‘Backfitting,’’ and as described in 

NRC Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests;’’ affect the issue finality of an 

approval issued under 10 CFR part 52, 

‘‘Licenses, Certifications, and Approvals 

for Nuclear Power Plants;’’ or constitute 

forward fitting as that term is defined 

and described in MD 8.4 because, as 

explained in DG–1415, licensees would 

not be required to comply with the 

positions set forth in the DG. 

IV. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: November 13, 2023. 

For the Nuclear Regulatory Commission. 

Stephen M. Wyman, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–25422 Filed 11–16–23; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 21, 50, and 52 

[NRC–2023–0167] 

Draft Regulatory Guide: Evaluating 

Deviations and Reporting Defects and 

Noncompliance 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft guide; request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft Regulatory Guide (DG), 

DG–1416, ‘‘Evaluating Deviations and 

Reporting Defects and Noncompliance.’’ 

This DG is the proposed Revision 1 of 

Regulatory Guide (RG) 1.234 of the same 

title. It describes methods that the NRC 

staff considers acceptable for complying 

with the provisions of NRC regulations. 

DATES: Submit comments by December 

18, 2023. Comments received after this 

date will be considered if it is practical 

to do so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0167. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Amir Mobasheran, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–8112; email: Amir.Mobasheran@

nrc.gov and Deanna Zhang, Office of 

Nuclear Reactor Regulation, telephone: 

301–415–1946; email: Deanna.Zhang@

nrc.gov. Both are staff of the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2023– 

0167 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–2023–0167. 

• 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. DG–1416 is 

available in ADAMS under Accession 

No. ML23187A549. 

• 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 (ET), Monday through Friday, 

except Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2023–0167 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Additional Information 

The NRC is issuing for public 

comment a DG in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 80197 

1Consumer Financial Protection Act of 2010, 

Title X of the Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376, 1955 (2010) (hereinafter, ‘‘CFPA’’). 

2The provisions of 12 U.S.C. 5514 apply to 

certain categories of covered persons, described in 

section (a)(1), and expressly excludes from coverage 

persons described in 12 U.S.C. 5515(a) or 5516(a). 

The term ‘‘covered person’’ means ‘‘(A) any person 

that engages in offering or providing a consumer 

financial product or service; and (B) any affiliate of 

a person described [in (A)] if such affiliate acts as 

a service provider to such person.’’ 12 U.S.C. 

5481(6). 

3 12 U.S.C. 5514(a)(1)(A), (D), (E). 

4 12 U.S.C. 5514(a)(1)(B), (a)(2); see also 12 U.S.C. 

5481(5) (defining ‘‘consumer financial product or 

service’’). 

The DG, entitled ‘‘Evaluating 

Deviations and Reporting Defects and 

Noncompliance under 10 CFR part 21,’’ 

is temporarily identified by its task 

number, DG–1416. 

This proposed revision of the guide 

(Revision 1) updates the guidance to 

provide additional clarification on 

NRC’s Counterfeit, Fraudulent, Suspect 

Items definition. In addition, several 

editorial changes were made to conform 

to the current format and content of 

RGs. 

The staff is also issuing for public 

comment a draft regulatory analysis 

(ADAMS Accession No. ML23187A550). 

The staff developed a regulatory 

analysis to assess the value of issuing or 

revising a regulatory guide as well as 

alternative courses of action. 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Proposed Rules’’ section of the Federal 

Register to comply with publication 

requirements under 1 CFR chapter I. 

III. Backfitting, Forward Fitting, and 

Issue Finality 

Issuance of DG–1416 as a final RG 

would not constitute backfitting as that 

term is defined in section 50.109 of title 

10 of the Code of Federal Regulations 

(10 CFR), ‘‘Backfitting,’’ and as 

described in NRC Management Directive 

(MD) 8.4, ‘‘Management of Backfitting, 

Forward Fitting, Issue Finality, and 

Information Requests;’’ affect the issue 

finality of an approval issued under 10 

CFR part 52, ‘‘Licenses, Certifications, 

and Approvals for Nuclear Power 

Plants;’’ or constitutes forward fitting as 

that term is defined and described in 

MD 8.4 because, as explained in DG– 

1416, licensees would not be required to 

comply with the positions set forth in 

the DG. 

IV. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: November 13, 2023. 

For the Nuclear Regulatory Commission. 

Stephen M. Wyman, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–25421 Filed 11–16–23; 8:45 am] 

BILLING CODE 7590–01–P 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

12 CFR Part 1090 

[Docket No. CFPB–2023–0053] 

RIN 3170–AB17 

Defining Larger Participants of a 

Market for General-Use Digital 

Consumer Payment Applications 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Proposed rule; request for 

public comment. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) proposes a 

rule to define a market for general-use 

digital consumer payment applications. 

The proposed market would cover 

providers of funds transfer and wallet 

functionalities through digital 

applications for consumers’ general use 

in making payments to other persons for 

personal, family, or household 

purposes. Larger participants of this 

market would be subject to the CFPB’s 

supervisory authority under the 

Consumer Financial Protection Act 

(CFPA). 

DATES: Comments should be received on 

or before January 8, 2024. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2023– 

0053 or RIN 3170–AB17, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. A 

brief summary of this document will be 

available at https://

www.regulations.gov/docket/CFPB2023-0053. 

• Email: 2023-NPRM-PaymentApps@

cfpb.gov. Include Docket No. CFPB– 

2023–0053 or RIN 3170–AB17 in the 

subject line of the message. 

• Mail/Hand Delivery/Courier: 

Comment Intake—LP Payment Apps 

Rulemaking, Consumer Financial 

Protection Bureau, c/o Legal Division 

Docket Manager, 1700 G Street NW, 

Washington, DC 20552. Because paper 

mail in the Washington, DC area and at 

the CFPB is subject to delay, 

commenters are encouraged to submit 

comments electronically. 

Instructions: The CFPB encourages 

the early submission of comments. All 

submissions should include the agency 

name and docket number or Regulatory 

Information Number (RIN) for this 

rulemaking. In general, all comments 

received will be posted without change 

to https://www.regulations.gov. 

All comments, including attachments 

and other supporting materials, will 

become part of the public record and are 

subject to public disclosure. Proprietary 

information or sensitive personal 

information, such as account numbers 

or Social Security numbers, or names of 

other individuals, should not be 

included. Comments will not be edited 

to remove any identifying or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Young, Deputy Assistant 

Director, and Owen Bonheimer, Senior 

Counsel, Office of Supervision Policy, at 

202–435–7700. If you require this 

document in an alternative electronic 

format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Section 1024 of the CFPA,1 codified at 

12 U.S.C. 5514, gives the CFPB 

supervisory authority over all nonbank 

covered persons 2 offering or providing 

three enumerated types of consumer 

financial products or services: (1) 

Origination, brokerage, or servicing of 

consumer loans secured by real estate 

and related mortgage loan modification 

or foreclosure relief services; (2) private 

education loans; and (3) payday loans.3

The CFPB also has supervisory 

authority over ‘‘larger participant[s] of a 

market for other consumer financial 

products or services,’’ as the CFPB 

defines by rule.4 In addition, the CFPB 

has the authority to supervise any 

nonbank covered person that it ‘‘has 

reasonable cause to determine by order, 

after notice to the covered person and a 

reasonable opportunity . . . to respond 

. . . is engaging, or has engaged, in 


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