6082 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules 

proposed rule is one hour per affected 

financial institution. 

Estimated Total Annual Burden: 

Approximately 15,000 hours. 

FinCEN specifically invites comments 

on: (a) whether the proposed collection 

of information found in section 

1010.663(b)(4) is necessary for the 

proper performance of the mission of 

FinCEN, including whether the 

information would have practical 

utility; (b) the accuracy of FinCEN’s 

estimate of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information required to be 

maintained; (d) ways to minimize the 

burden of the required collection of 

information, including through the use 

of automated collection techniques or 

other forms of information technology; 

and (e) estimates of capital or start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to report the information. 

VIII. Regulatory Text 

List of Subjects in 31 CFR Part 1010 

Administrative practice and 

procedure, Banks, Banking, Brokers, 

Crime, Foreign banking, Terrorism. 

Authority and Issuance 

For the reasons set forth in the 

preamble, FinCEN proposes amending 

31 CFR part 1010 as follows: 

PART 1010—GENERAL PROVISIONS 

■ 1. The authority citation for part 1010 

continues to read as follows: 

Authority: 12 U.S.C. 1829b and 1951–1959; 

31 U.S.C. 5311–5314, 5316–5336; title III, 

sec. 314, Pub. L. 107–56, 115 Stat. 307; sec. 

2006, Pub. L. 114–41, 129 Stat. 458–459; sec. 

701 Pub. L. 114–74, 129 Stat. 599; sec. 6403, 

Pub. L. 116–283, 134 Stat. 3388. 

■ 2. Add § 1010.663 to read as follows: 

§ 1010.663 Special measures regarding AlHuda Bank. 

(a) Definitions. For purposes of this 

section, the following terms have the 

following meanings. 

(1) Al-Huda Bank. The term ‘‘Al-Huda 

Bank’’ means all subsidiaries, branches, 

and offices of Al-Huda Bank operating 

as a bank in any jurisdiction. 

(2) Correspondent account. The term 

‘‘correspondent account’’ has the same 

meaning as provided in 

§ 1010.605(c)(l)(ii). 

(3) Covered financial institution. The 

term ‘‘covered financial institution’’ has 

the same meaning as provided in 

§ 1010.605(e)(2). 

(4) Foreign banking institution. The 

term ‘‘foreign banking institution’’ 

means a bank organized under foreign 

law, or an agency, branch, or office 

located outside the United States of a 

bank. The term does not include an 

agent, agency, branch, or office within 

the United States of a bank organized 

under foreign law. 

(5) Subsidiary. The term ‘‘subsidiary’’ 

means a company of which more than 

50 percent of the voting stock or 

analogous equity interest is owned by 

another company. 

(b) Prohibition on accounts and due 

diligence requirements for covered 

financial institutions—(1) Prohibition 

on opening or maintaining 

correspondent accounts for Al-Huda 

Bank. A covered financial institution 

shall not open or maintain in the United 

States a correspondent account for, or 

on behalf of, Al-Huda Bank. 

(2) Prohibition on processing 

transactions involving Al-Huda Bank. A 

covered financial institution shall take 

reasonable steps not to process a 

transaction for the correspondent 

account in the United States of a foreign 

banking institution if such a transaction 

involves Al-Huda Bank. 

(3) Special due diligence of 

correspondent accounts to prohibit 

transactions. (i) A covered financial 

institution shall apply special due 

diligence to its foreign correspondent 

accounts that is reasonably designed to 

guard against their use to process 

transactions involving Al-Huda Bank. 

At a minimum, that special due 

diligence must include: 

(A) Notifying those foreign 

correspondent account holders that the 

covered financial institution knows or 

has reason to believe provide services to 

Al-Huda Bank that such correspondents 

may not provide Al-Huda Bank with 

access to the correspondent account 

maintained at the covered financial 

institution; and 

(B) Taking reasonable steps to identify 

any use of its foreign correspondent 

accounts by Al-Huda Bank, to the extent 

that such use can be determined from 

transactional records maintained in the 

covered financial institution’s normal 

course of business. 

(ii) A covered financial institution 

shall take a risk-based approach when 

deciding what, if any, other due 

diligence measures it reasonably must 

adopt to guard against the use of its 

foreign correspondent accounts to 

process transactions involving Al-Huda 

Bank. 

(iii) A covered financial institution 

that knows or has reason to believe that 

a foreign bank’s correspondent account 

has been or is being used to process 

transactions involving Al-Huda Bank 

shall take all appropriate steps to further 

investigate and prevent such access, 

including the notification of its 

correspondent account holder under 

paragraph (b)(3)(i)(A) of this section 

and, where necessary, termination of the 

correspondent account. 

(4) Recordkeeping and reporting. (i) A 

covered financial institution is required 

to document its compliance with the 

notification requirement set forth in this 

section. 

(ii) Nothing in paragraph (b) of this 

section shall require a covered financial 

institution to report any information not 

otherwise required to be reported by law 

or regulation. 

Dated: January 29, 2024. 

Andrea M. Gacki, 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2024–02004 Filed 1–30–24; 8:45 am] 

BILLING CODE 4810–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2024–0018; FRL–11714– 

01–R1] 

Air Plan Approval; New Hampshire; 

Amendments to Motor Vehicle 

Inspection and Maintenance Program 

Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of New 

Hampshire. This revision includes an 

amended regulation for the Enhanced 

Motor Vehicle Inspection and 

Maintenance (I/M) program in New 

Hampshire. Overall, the submittal 

updates and clarifies the 

implementation of the New Hampshire 

I/M program. The intended effect of this 

action is to propose approval of the 

updated I/M program regulation into the 

New Hampshire SIP. This action is 

being taken under the Clean Air Act. 

DATES: Written comments must be 

received on or before March 1, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2024–0018 at https://

www.regulations.gov, or via email to 

martinelli.ayla@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 


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Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules 6083 

1EPA’s January 25, 2013 (78 FR 5292) approval 

of New Hampshire’s November 17, 2011 I/M SIP 

submittal describes how New Hampshire’s I/M 

program satisfies the OBD2 and other I/M 

regulatory requirements established by the Clean 

Air Act and EPA’s I/M regulations at 40 CFR 51 

Subpart S. In addition, EPA’s January 25, 2013 (78 

FR 5292) approval contains a detailed discussion of 

EPA’s rationale for approving New Hampshire’s 

November 17, 2011 I/M SIP revision and will not 

be restated in this document. 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: Ayla 

Martinelli, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 5–MI), Boston, MA 

02109–3912, tel. (617) 918–1057, email: 

martinelli.ayla@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Summary of New Hampshire’s Regulatory 

Changes 

III. New Hampshire Satisfying Clean Air Act 

Requirements for I/M Programs 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 22, 2022, the State of 

New Hampshire submitted a formal 

revision to its State Implementation 

Plan (SIP). The submitted SIP revision 

included amendments to the New 

Hampshire Code of Administrative 

Rules Chapter Saf-C 3200 entitled, 

‘‘Official Motor Vehicle Inspection 

Requirements,’’ which update the 

Enhanced Motor Vehicle Inspection and 

Maintenance (I/M) program in New 

Hampshire. 

New Hampshire first submitted an 

I/M program SIP revision on November 

17, 2011, which EPA approved into the 

New Hampshire SIP on January 25, 2013 

(78 FR 5292). New Hampshire’s 

November 17, 2011 revision included 

all the regulatory and technical 

documentation required in an I/M SIP 

submittal to address the requirements of 

EPA’s I/M regulations at 40 CFR 51 

subpart S. The emissions modeling, I/M 

SIP narrative, and other technical 

documentation, included in New 

Hampshire’s November 17, 2011 

submittal continue to be applicable as 

the technical demonstration that New 

Hampshire’s implemented I/M program 

meets the requirements of EPA’s I/M 

regulations at 40 CFR 51 subpart S. 

More recently, the State of New 

Hampshire submitted a formal revision 

to its SIP on June 7, 2016, which 

included amendments to the New 

Hampshire Code of Administrative 

Rules Chapter Saf-C 3200. This revision 

updated several regulatory provisions 

by adding language to clarify the I/M 

program requirements in New 

Hampshire. These updates did not 

reflect any changes to the technical 

implementation characteristics of the 

New Hampshire I/M program and thus 

resulted in no changes to the EPAapproved emissions modeling analysis. 

EPA approved this revision into the 

New Hampshire SIP on September 25, 

2018 (83 FR 48385). 

II. Summary of New Hampshire’s 

Regulatory Changes 

New Hampshire’s amended Saf-C 

3200 regulation, submitted as a SIP 

revision on September 22, 2022, updates 

a number of regulatory provisions by 

adding language to clarify the I/M 

program requirements in New 

Hampshire. A summary of the most 

substantial changes made to New 

Hampshire’s SIP-approved regulation 

follows. New Hampshire (1) added 

clarifying definitions to Saf-C 3202; (2) 

amended Saf-C 3204.02 to update the 

required information for an application 

to become a fleet inspection station; (3) 

amended 3205.8 to extend the 

expiration date of inspection station 

certificates from once a year to 

biennially; (4) revised 3209.01 to reflect 

the updated sticker order form and 

respective revision date; (5) made 

multiple amendments to Saf-C 3209 

regarding obtaining inspection stickers; 

(6) made multiple amendments to SafC 3222.08 to clarify criteria for an 

economic hardship waiver; and (7) 

amended Saf-C 3222.09 to replace 

exemption from visual inspection 

requirements with application 

requirements for a low mileage waiver. 

III. New Hampshire Satisfying Clean 

Air Act Requirements for I/M Programs 

In this document, EPA is only 

proposing to update New Hampshire’s 

I/M regulation by revising subsections 

or provisions of the regulation as it 

currently exists in the New Hampshire 

SIP.1 As stated earlier in this document, 

the remaining technical aspects (i.e., 

I/M SIP narrative, the emissions 

modeling, and other technical 

documentation) included in New 

Hampshire’s November 17, 2011 SIP 

revision, as approved by EPA on 

January 25, 2013 (78 FR 5292) continue 

to be applicable as the technical 

demonstration that New Hampshire’s 

implemented I/M program meets the 

requirements of EPA’s I/M regulations at 

40 CFR 51 Subpart S. 

IV. Proposed Action 

EPA is proposing to approve New 

Hampshire’s September 22, 2022 SIP 

revision request. This SIP revision 

request contains New Hampshire’s 

revised motor vehicle I/M program 

regulation. Specifically, EPA is 

proposing to approve amendments to 

the following New Hampshire 

Department of Safety Regulation Saf-C 

3200 subsections or provisions as they 

currently exist in the New Hampshire 

SIP: amendments to Saf-C 3202, Saf-C 

3203, Saf-C 3204, Saf-C 3205, Saf-C 

3206.04, Saf-C 3207.01, Saf-C 3209, SafC 3210.02, and Saf-C 3222. 

EPA is proposing to approve New 

Hampshire’s September 22, 2022 SIP 

revision, containing New Hampshire’s 

updated I/M program regulation, 

because it is consistent with the CAA’s 

I/M requirements and EPA’s I/M 

regulations at 40 CFR 51 Subpart S, and 

will strengthen the SIP. The New 

Hampshire September 22, 2022 SIP that 

EPA is proposing to approve did not 

reflect any changes to the technical 

implementation characteristics of the 

New Hampshire I/M program and thus 

resulted in no changes to the EPAapproved emissions modeling analysis. 

EPA is soliciting public comments on 


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6084 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Proposed Rules 

the issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register. 

V. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the aforementioned New Hampshire 

Department of Safety Regulation Saf-C 

3200 subsections identified in section 

IV of this proposal, except as set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available through 

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

New Hampshire’s I/M program 

regulation contains enforcement 

provisions that detail state enforcement 

procedures, including administrative, 

civil, and criminal penalties, and 

administrative and judicial procedures. 

Such enforcement-related provisions are 

required elements of an I/M SIP under 

40 CFR 61.364, and EPA is proposing to 

approve the provisions as meeting those 

requirements. However, EPA is not 

proposing to incorporate those 

provisions by reference into the EPAapproved federal regulations at 40 CFR 

part 52. In any federal action to enforce 

violations of the substantive 

requirements of the New Hampshire 

I/M program, the relevant provisions of 

Section 113 or 304 of the CAA, rather 

than state enforcement provisions 

would govern. Similarly, the applicable 

procedures in any federal action would 

be the applicable federal court rules or 

EPA’s rules for administrative 

proceedings at 40 CFR part 22, rather 

than state administrative procedures. 

Since the state enforcement provisions 

would not be applicable in a federal 

action, incorporating these state-only 

enforcement provisions into the federal 

regulations would have no effect. To 

avoid confusion to the public and 

regulated parties, EPA is not proposing 

to incorporate these provisions by 

reference into the EPA-approved federal 

regulations in the New Hampshire plan 

identification in 40 CFR part 52. 

Specifically, EPA is not proposing to 

incorporate New Hampshire’s 

regulations Saf-C 3222.04(d) and Saf-C 

3248 into the federal regulations at 40 

CFR 52.1520(c). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. See 42 U.S.C. 

7410(k); 40 CFR 52.02(a). Thus, in 

reviewing SIP submissions, EPA’s role 

is to approve state choices, provided 

that they meet the criteria of the Clean 

Air Act. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

New Hampshire did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 25, 2024. 

David Cash, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2024–01937 Filed 1–30–24; 8:45 am] 

BILLING CODE 6560–50–P 


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