Provisions Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States, 29003-29005 [2023-09259]
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29003
Proposed Rules
Federal Register
Vol. 88, No. 87
Friday, May 5, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF THE TREASURY
Office of Investment Security
31 CFR Part 802
Provisions Pertaining to Certain
Transactions by Foreign Persons
Involving Real Estate in the United
States
Office of Investment Security,
Department of the Treasury.
ACTION: Proposed rule.
AGENCY:
The rule would amend the
regulations that implement the
provisions relating to real estate
transactions pursuant to section 721 of
the Defense Production Act of 1950, as
amended. Specifically, the rule would
add eight military installations to the
appendix and make corresponding
revisions to the definition of the term
‘‘military installation.’’
DATES: Written comments must be
received by June 5, 2023.
ADDRESSES: Written comments may be
submitted through one of two methods:
• Electronic Submission: Comments
may be submitted electronically through
the Federal government eRulemaking
portal at https://www.regulations.gov.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt, and enables the Treasury
Department to make the comments
available to the public.
• Mail: Send to U.S. Department of
the Treasury, Attention: Meena Sharma,
Deputy Director of Investment Security
Policy and International Relations, 1500
Pennsylvania Avenue NW, Washington,
DC 20220.
We encourage comments to be
submitted via https://
www.regulations.gov. Please submit
comments only and include your name
and company name (if any) and cite
‘‘Provisions Pertaining to Certain
Transactions by Foreign Persons
Involving Real Estate in the United
States’’ in all correspondence. In
general, the Treasury Department will
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SUMMARY:
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post all comments to https://
www.regulations.gov without change,
including any business or personal
information provided, such as names,
addresses, email addresses, or telephone
numbers. All comments received,
including attachments and other
supporting material, will be part of the
public record and subject to public
disclosure. You should only submit
information that you wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Meena R. Sharma, Deputy Director of
Investment Security Policy and
International Relations; or James Harris,
Senior Policy Advisor, at U.S.
Department of the Treasury, 1500
Pennsylvania Avenue NW, Washington,
DC 20220; telephone: (202) 622–3425;
email: CFIUS.FIRRMA@treasury.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The regulations at part 802 to title 31
of the Code of Federal Regulations (part
802) implement the provisions in
section 721 of the Defense Production
Act of 1950, as amended (DPA), and
establish the process and procedures of
the Committee on Foreign Investment in
the United States (CFIUS) with respect
to reviewing transactions involving the
purchase or lease by, or concession to,
a foreign person of certain real estate in
the United States.
The final rule establishing part 802
(see 85 FR 3158) identifies a subset of
military installations around which
certain real estate transactions are
covered under CFIUS jurisdiction. The
specific military installations are listed
in appendix A by name and location.
Section 802.227 sets forth the category
descriptions of military installations
identified in Appendix A. The preamble
to the final rule establishing part 802
noted that the military installations
listed in the appendix were determined
by the U.S. Department of Defense based
upon an evaluation of national security
considerations, and that the Department
of Defense will continue on an ongoing
basis to assess its military installations
and the geographic scope set under the
rules to ensure appropriate application
in light of national security
considerations.
This proposed rule would make
certain amendments to part 802 as a
result of the ongoing evaluation of
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Fmt 4702
Sfmt 4702
military installations by the Department
of Defense.
II. Discussion of the Rule
This proposed rule would amend the
definition of ‘‘military installation’’ at
§ 802.227 and add eight military
installations to the list at appendix A.
A. Military Installation
This proposed rule includes an
amended definition of the term
‘‘military installation.’’ As defined in
the existing regulations, the term
‘‘military installation’’ means any site
that meets certain category descriptions,
as identified in the list at appendix A to
part 802. The definition of ‘‘military
installation’’ would be amended with
respect to paragraph (m) of § 802.227.
This proposed rule would add Arizona,
California, Iowa, North Dakota, South
Dakota, and Texas to the set of states
listed in paragraph (m).
B. Appendix A
The appendix to the existing
regulations identified bases, ranges, and
other installations that meet the
definition of ‘‘military installation’’ at
§ 802.227, and, as applicable, related
counties or other geographic areas
throughout the United States that are
covered real estate for the purposes of
this part.
This proposed rule would include
revisions to appendix A to include the
eight sites listed below.
• Air Force Plant 42, located in
Palmdale, California
• Dyess Air Force Base, located in
Abilene, Texas
• Ellsworth Air Force Base, located in
Box Elder, South Dakota
• Grand Forks Air Force Base, located
in Grand Forks, North Dakota
• Iowa National Guard Joint Force
Headquarters, located in Des Moines,
Iowa
• Lackland Air Force Base, located in
San Antonio, Texas
• Laughlin Air Force Base, located in
Del Rio, Texas
• Luke Air Force Base, located in
Glendale, Arizona
III. Rulemaking Requirements
Executive Order 12866
This rule is not subject to the general
requirements of Executive Order 12866,
as amended, which covers review of
regulations by the Office of Information
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
and Regulatory Affairs in the Office of
Management and Budget (OMB),
because it relates to a foreign affairs
function of the United States, pursuant
to section 3(d)(2) of that order. In
addition, this rule is not subject to
review under section 6(b) of Executive
Order 12866 pursuant to section 7(c) of
the April 11, 2018 Memorandum of
Agreement between the Treasury
Department and OMB, which states that
CFIUS regulations are not subject to
OMB’s standard centralized review
process under Executive Order 12866.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) generally requires
an agency to prepare a regulatory
flexibility analysis, unless the agency
certifies that the rule will not, once
implemented, have a significant
economic impact on a substantial
number of small entities. The RFA
applies whenever an agency is required
to publish a general notice of proposed
rulemaking under section 553(b) of the
Administrative Procedure Act (APA) (5
U.S.C. 553), or any other law. As set
forth below, because regulations issued
pursuant to the DPA, such as these
regulations, are not subject to the APA,
or other law requiring the publication of
a general notice of proposed
rulemaking, the RFA does not apply.
This proposed rule makes
amendments to the regulations
implementing section 721 of the DPA.
Section 709(a) of the DPA provides that
the regulations issued under it are not
subject to the rulemaking requirements
of the APA. Section 709(b)(1) instead
provides that any regulation issued
under the DPA be published in the
Federal Register and opportunity for
public comment be provided for not less
than 30 days. Section 709(b)(3) of the
DPA also provides that all comments
received during the public comment
period be considered and the
publication of the final regulation
contain written responses to such
comments. Consistent with the plain
text of the DPA, legislative history
confirms that Congress intended that
regulations under the DPA be exempt
from the notice and comment provisions
of the APA and instead provided that
the agency include a statement that
interested parties were consulted in the
formulation of the final regulation. See
H.R. Conf. Rep. No. 102–1028, at 42
(1992) and H.R. Rep. No. 102–208 pt. 1,
at 28 (1991). The limited public
participation procedures described in
the DPA do not require a general notice
of proposed rulemaking as set forth in
the RFA. Further, the mechanisms for
publication and public participation are
sufficiently different to distinguish the
DPA procedures from a rule that
requires a general notice of proposed
rulemaking. In providing the President
with expanded authority to suspend or
prohibit certain real estate transactions
involving foreign persons if such a
transaction would threaten to impair the
national security of the United States,
Congress could not have contemplated
that regulations implementing such
authority would be subject to RFA
analysis. For these reasons, the RFA
does not apply to these regulations.
Regardless of whether the provisions of
the RFA apply to this rulemaking, for
reasons noted in the preamble to the
final rule establishing part 802 (see 85
FR 3158), the Treasury Department
determined that the implementation of
the provisions of section 721 relating to
real estate transactions would most
likely not affect a substantial number of
small entities. The amendments in this
rule do not change that analysis or
determination. Notwithstanding this
certification, the Treasury Department
invites comments on the potential
impacts of this rule on small entities.
List of Subjects in 31 CFR Part 802
Foreign investments in the United
States, Federal buildings and facilities,
Government property, Investigations,
Investments, Investment companies,
Land sales, National defense, Public
lands, Real property acquisition,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Treasury Department
proposes to amend part 802 to title 31
of the Code of Federal Regulations to
read as follows:
PART 802—REGULATIONS
PERTAINING TO CERTAIN
TRANSACTIONS BY FOREIGN
PERSONS INVOLVING REAL ESTATE
IN THE UNITED STATES
1. The authority citation for part 802
continues to read as follows:
■
Authority: 50 U.S.C. 4565; E.O. 11858, as
amended, 73 FR 4677.
§ 802.227
Appendix A to Part 802—List of
Military Installations and Other U.S.
Government Sites
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Site name
Location
Part 2:
Aberdeen Proving Ground ........................................................................................
Air Force Plant 42 .....................................................................................................
Camp Shelby ............................................................................................................
Cape Canaveral Air Force Station ...........................................................................
Dare County Range ..................................................................................................
Dyess Air Force Base ...............................................................................................
Edwards Air Force Base ...........................................................................................
Eglin Air Force Base .................................................................................................
Ellsworth Air Force Base ..........................................................................................
Fallon Range Complex .............................................................................................
Fort Bragg .................................................................................................................
Fort Greely ................................................................................................................
Fort Huachuca ..........................................................................................................
Fort Irwin ...................................................................................................................
Fort Polk ...................................................................................................................
Fort Wainwright .........................................................................................................
Grand Forks Air Force Base ....................................................................................
Hardwood Range ......................................................................................................
Hill Air Force Base ....................................................................................................
Iowa National Guard Joint Force Headquarters .......................................................
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[Amended]
2. Amend § 802.227 paragraph (m) by
replacing ‘‘Oregon, Nevada, Idaho,
Wisconsin, Mississippi, North Carolina,
or Florida;’’ with ‘‘Arizona, California,
Florida, Idaho, Iowa, Mississippi,
Nevada, North Carolina, North Dakota,
Oregon, South Dakota, Texas or
Wisconsin;’’.
■ 3. Revise Part 2 of Appendix A to read
as follows:
■
Frm 00002
Fmt 4702
Sfmt 4702
Aberdeen, MD.
Palmdale, CA.
Hattiesburg, MS.
Cape Canaveral, FL.
Manns Harbor, NC.
Abilene, TX.
Edwards, CA.
Valparaiso, FL.
Box Elder, SD.
Fallon, NV.
Fayetteville, NC.
Delta Junction, AK.
Sierra Vista, AZ.
San Bernardino County, CA.
Leesville, LA.
Fairbanks, AK.
Grand Forks, ND.
Necehuenemedah, WI.
Ogden, UT.
Des Moines, IA.
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
Site name
Location
Lackland Air Force Base ..........................................................................................
Laughlin Air Force Base ...........................................................................................
Luke Air Force Base .................................................................................................
Mountain Home Air Force Base ...............................................................................
Naval Air Station Meridian ........................................................................................
Naval Air Station Patuxent River ..............................................................................
Naval Air Weapons Station China Lake ...................................................................
Naval Base Kitsap—Keyport ....................................................................................
Naval Base Ventura County—Point Mugu Operating Facility ..................................
Naval Weapons Systems Training Facility Boardman .............................................
Nellis Air Force Base ................................................................................................
Nevada Test and Training Range ............................................................................
Pacific Missile Range Facility ...................................................................................
Patrick Air Force Base ..............................................................................................
Tropic Regions Test Center .....................................................................................
Utah Test and Training Range .................................................................................
Vandenberg Air Force Base .....................................................................................
West Desert Test Center ..........................................................................................
White Sands Missile Range .....................................................................................
Yuma Proving Ground ..............................................................................................
Dated: April 27, 2023.
Paul Rosen,
Assistant Secretary for Investment Security.
[FR Doc. 2023–09259 Filed 5–4–23; 8:45 am]
BILLING CODE 4810–25–P
San Antonio, TX.
Del Rio, TX.
Glendale, AZ.
Mountain Home, ID.
Meridian, MS.
Lexington Park, MD.
Ridgecrest, CA.
Keyport, WA.
Point Mugu, CA.
Boardman, OR.
Las Vegas, NV.
Tonopah, NV.
Kekaha, HI.
Cocoa Beach, FL.
Wahiawa, HI.
Barro, UT.
Lompoc, CA.
Dugway, UT.
White Sands Missile Range, NM.
Yuma, AZ.
Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone
216–902–6085, email Lee.D.Soule@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of
1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0183]
RIN 1625–AA09
Drawbridge Operation Regulation;
River Rouge, Detroit, MI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operations of all movable
bridges over the River Rouge, Detroit,
MI to improve communications and
establish winter hours. We invite your
comments on this proposed rulemaking.
DATES: Comments and relate material
must reach the Coast Guard on or before
July 5, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0183 using Federal DecisionMaking Portal at https://
www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
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SUMMARY:
If
you have questions on this temporary
final rule, call or email Mr. Lee D.
FOR FURTHER INFORMATION CONTACT:
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29005
II. Background, Purpose, and Legal
Basis
The River Rouge is a 127-mile river
that winds through the Detroit
metropolitan area of southeastern
Michigan. The river flows into the
Detroit River at Zug Island, which is the
boundary between the cities of River
Rouge and Detroit.
The River Rouge is highly polluted
and was designated as a Great Lakes
Area of Concern (AOC) under the Great
Lakes Water Quality Agreement in 1987.
The designated AOC covers the entire
River Rouge watershed, which touches
48 communities. The River Rouge
watershed drains into the Detroit River,
which serves as a maritime border
between the United States and Canada.
In the 1970s, the lower three miles of
the river were channelized, widened,
and dredged to allow freighter access to
Ford’s River Rouge Plant inland factory
facilities. The plant was built between
1915 and 1927. It was the first
manufacturing facility for automobiles
that included within the plant virtually
everything needed to produce the cars:
blast furnaces, an open-hearth mill, a
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Frm 00003
Fmt 4702
Sfmt 4702
steel rolling mill, a glass plant, a huge
power plant, and an assembly line.
During the 1930s, some 100,000 workers
were employed here. The plant has been
designated as a National Historic
Landmark and is still in use.
Domestic and foreign freighters
continue to use the lower three miles of
the River Rouge for trade. A steel mill
near the head of navigation receives
bulk shipments regularly; other
industries using the river include a
petroleum refinery, cement dock, and
stone dock. Other smaller docks are
located along the banks of the river. A
dormant steel mill can be found on Zug
Island at the mouth of the river.
Recreational vessels are welcome to
use the River Rouge, but there is little
infrastructure to support recreational
vessels in this waterway.
Thirteen bridges cross the Rouge
River between the river mouth and river
mile 2.75; eight of these bridges are
movable. The controlling fixed structure
is the Fisher Freeway I–75 Bridge, mile
1.85, that provides a horizontal
clearance of 230-feet and a vertical
clearance of 100-feet above LWD.
The National Steel Cooperation
Railroad Bridge, mile 0.40, is a single
leaf bascule bridge that provides
horizontal clearance of 125-feet and a
vertical clearance of 6-feet in the closed
and an unlimited clearance above LWD.
The West Jefferson Avenue Bridge,
mile 1.10, is a double leaf bascule
Bridge that provides horizontal
clearance of 125-feet and a vertical
clearance of 9-feet in the closed and an
unlimited clearance in the open
position above LWD.
The Conrail Bridge, mile 1.48, is a
single leaf bascule bridge that provides
horizontal clearance of 123-feet and a
vertical clearance of 8-feet in the closed
E:\FR\FM\05MYP1.SGM
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Agencies
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29003-29005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09259]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88 , No. 87 / Friday, May 5, 2023 / Proposed
Rules
[[Page 29003]]
DEPARTMENT OF THE TREASURY
Office of Investment Security
31 CFR Part 802
Provisions Pertaining to Certain Transactions by Foreign Persons
Involving Real Estate in the United States
AGENCY: Office of Investment Security, Department of the Treasury.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The rule would amend the regulations that implement the
provisions relating to real estate transactions pursuant to section 721
of the Defense Production Act of 1950, as amended. Specifically, the
rule would add eight military installations to the appendix and make
corresponding revisions to the definition of the term ``military
installation.''
DATES: Written comments must be received by June 5, 2023.
ADDRESSES: Written comments may be submitted through one of two
methods:
Electronic Submission: Comments may be submitted
electronically through the Federal government eRulemaking portal at
https://www.regulations.gov. Electronic submission of comments allows
the commenter maximum time to prepare and submit a comment, ensures
timely receipt, and enables the Treasury Department to make the
comments available to the public.
Mail: Send to U.S. Department of the Treasury, Attention:
Meena Sharma, Deputy Director of Investment Security Policy and
International Relations, 1500 Pennsylvania Avenue NW, Washington, DC
20220.
We encourage comments to be submitted via https://www.regulations.gov. Please submit comments only and include your name
and company name (if any) and cite ``Provisions Pertaining to Certain
Transactions by Foreign Persons Involving Real Estate in the United
States'' in all correspondence. In general, the Treasury Department
will post all comments to https://www.regulations.gov without change,
including any business or personal information provided, such as names,
addresses, email addresses, or telephone numbers. All comments
received, including attachments and other supporting material, will be
part of the public record and subject to public disclosure. You should
only submit information that you wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: Meena R. Sharma, Deputy Director of
Investment Security Policy and International Relations; or James
Harris, Senior Policy Advisor, at U.S. Department of the Treasury, 1500
Pennsylvania Avenue NW, Washington, DC 20220; telephone: (202) 622-
3425; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The regulations at part 802 to title 31 of the Code of Federal
Regulations (part 802) implement the provisions in section 721 of the
Defense Production Act of 1950, as amended (DPA), and establish the
process and procedures of the Committee on Foreign Investment in the
United States (CFIUS) with respect to reviewing transactions involving
the purchase or lease by, or concession to, a foreign person of certain
real estate in the United States.
The final rule establishing part 802 (see 85 FR 3158) identifies a
subset of military installations around which certain real estate
transactions are covered under CFIUS jurisdiction. The specific
military installations are listed in appendix A by name and location.
Section 802.227 sets forth the category descriptions of military
installations identified in Appendix A. The preamble to the final rule
establishing part 802 noted that the military installations listed in
the appendix were determined by the U.S. Department of Defense based
upon an evaluation of national security considerations, and that the
Department of Defense will continue on an ongoing basis to assess its
military installations and the geographic scope set under the rules to
ensure appropriate application in light of national security
considerations.
This proposed rule would make certain amendments to part 802 as a
result of the ongoing evaluation of military installations by the
Department of Defense.
II. Discussion of the Rule
This proposed rule would amend the definition of ``military
installation'' at Sec. 802.227 and add eight military installations to
the list at appendix A.
A. Military Installation
This proposed rule includes an amended definition of the term
``military installation.'' As defined in the existing regulations, the
term ``military installation'' means any site that meets certain
category descriptions, as identified in the list at appendix A to part
802. The definition of ``military installation'' would be amended with
respect to paragraph (m) of Sec. 802.227. This proposed rule would add
Arizona, California, Iowa, North Dakota, South Dakota, and Texas to the
set of states listed in paragraph (m).
B. Appendix A
The appendix to the existing regulations identified bases, ranges,
and other installations that meet the definition of ``military
installation'' at Sec. 802.227, and, as applicable, related counties
or other geographic areas throughout the United States that are covered
real estate for the purposes of this part.
This proposed rule would include revisions to appendix A to include
the eight sites listed below.
Air Force Plant 42, located in Palmdale, California
Dyess Air Force Base, located in Abilene, Texas
Ellsworth Air Force Base, located in Box Elder, South Dakota
Grand Forks Air Force Base, located in Grand Forks, North
Dakota
Iowa National Guard Joint Force Headquarters, located in Des
Moines, Iowa
Lackland Air Force Base, located in San Antonio, Texas
Laughlin Air Force Base, located in Del Rio, Texas
Luke Air Force Base, located in Glendale, Arizona
III. Rulemaking Requirements
Executive Order 12866
This rule is not subject to the general requirements of Executive
Order 12866, as amended, which covers review of regulations by the
Office of Information
[[Page 29004]]
and Regulatory Affairs in the Office of Management and Budget (OMB),
because it relates to a foreign affairs function of the United States,
pursuant to section 3(d)(2) of that order. In addition, this rule is
not subject to review under section 6(b) of Executive Order 12866
pursuant to section 7(c) of the April 11, 2018 Memorandum of Agreement
between the Treasury Department and OMB, which states that CFIUS
regulations are not subject to OMB's standard centralized review
process under Executive Order 12866.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to prepare a regulatory flexibility
analysis, unless the agency certifies that the rule will not, once
implemented, have a significant economic impact on a substantial number
of small entities. The RFA applies whenever an agency is required to
publish a general notice of proposed rulemaking under section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553), or any other
law. As set forth below, because regulations issued pursuant to the
DPA, such as these regulations, are not subject to the APA, or other
law requiring the publication of a general notice of proposed
rulemaking, the RFA does not apply.
This proposed rule makes amendments to the regulations implementing
section 721 of the DPA. Section 709(a) of the DPA provides that the
regulations issued under it are not subject to the rulemaking
requirements of the APA. Section 709(b)(1) instead provides that any
regulation issued under the DPA be published in the Federal Register
and opportunity for public comment be provided for not less than 30
days. Section 709(b)(3) of the DPA also provides that all comments
received during the public comment period be considered and the
publication of the final regulation contain written responses to such
comments. Consistent with the plain text of the DPA, legislative
history confirms that Congress intended that regulations under the DPA
be exempt from the notice and comment provisions of the APA and instead
provided that the agency include a statement that interested parties
were consulted in the formulation of the final regulation. See H.R.
Conf. Rep. No. 102-1028, at 42 (1992) and H.R. Rep. No. 102-208 pt. 1,
at 28 (1991). The limited public participation procedures described in
the DPA do not require a general notice of proposed rulemaking as set
forth in the RFA. Further, the mechanisms for publication and public
participation are sufficiently different to distinguish the DPA
procedures from a rule that requires a general notice of proposed
rulemaking. In providing the President with expanded authority to
suspend or prohibit certain real estate transactions involving foreign
persons if such a transaction would threaten to impair the national
security of the United States, Congress could not have contemplated
that regulations implementing such authority would be subject to RFA
analysis. For these reasons, the RFA does not apply to these
regulations. Regardless of whether the provisions of the RFA apply to
this rulemaking, for reasons noted in the preamble to the final rule
establishing part 802 (see 85 FR 3158), the Treasury Department
determined that the implementation of the provisions of section 721
relating to real estate transactions would most likely not affect a
substantial number of small entities. The amendments in this rule do
not change that analysis or determination. Notwithstanding this
certification, the Treasury Department invites comments on the
potential impacts of this rule on small entities.
List of Subjects in 31 CFR Part 802
Foreign investments in the United States, Federal buildings and
facilities, Government property, Investigations, Investments,
Investment companies, Land sales, National defense, Public lands, Real
property acquisition, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Treasury Department
proposes to amend part 802 to title 31 of the Code of Federal
Regulations to read as follows:
PART 802--REGULATIONS PERTAINING TO CERTAIN TRANSACTIONS BY FOREIGN
PERSONS INVOLVING REAL ESTATE IN THE UNITED STATES
0
1. The authority citation for part 802 continues to read as follows:
Authority: 50 U.S.C. 4565; E.O. 11858, as amended, 73 FR 4677.
Sec. 802.227 [Amended]
0
2. Amend Sec. 802.227 paragraph (m) by replacing ``Oregon, Nevada,
Idaho, Wisconsin, Mississippi, North Carolina, or Florida;'' with
``Arizona, California, Florida, Idaho, Iowa, Mississippi, Nevada, North
Carolina, North Dakota, Oregon, South Dakota, Texas or Wisconsin;''.
0
3. Revise Part 2 of Appendix A to read as follows:
Appendix A to Part 802--List of Military Installations and Other U.S.
Government Sites
------------------------------------------------------------------------
Site name Location
------------------------------------------------------------------------
Part 2:
Aberdeen Proving Ground............. Aberdeen, MD.
Air Force Plant 42.................. Palmdale, CA.
Camp Shelby......................... Hattiesburg, MS.
Cape Canaveral Air Force Station.... Cape Canaveral, FL.
Dare County Range................... Manns Harbor, NC.
Dyess Air Force Base................ Abilene, TX.
Edwards Air Force Base.............. Edwards, CA.
Eglin Air Force Base................ Valparaiso, FL.
Ellsworth Air Force Base............ Box Elder, SD.
Fallon Range Complex................ Fallon, NV.
Fort Bragg.......................... Fayetteville, NC.
Fort Greely......................... Delta Junction, AK.
Fort Huachuca....................... Sierra Vista, AZ.
Fort Irwin.......................... San Bernardino County, CA.
Fort Polk........................... Leesville, LA.
Fort Wainwright..................... Fairbanks, AK.
Grand Forks Air Force Base.......... Grand Forks, ND.
Hardwood Range...................... Necehuenemedah, WI.
Hill Air Force Base................. Ogden, UT.
Iowa National Guard Joint Force Des Moines, IA.
Headquarters.
[[Page 29005]]
Lackland Air Force Base............. San Antonio, TX.
Laughlin Air Force Base............. Del Rio, TX.
Luke Air Force Base................. Glendale, AZ.
Mountain Home Air Force Base........ Mountain Home, ID.
Naval Air Station Meridian.......... Meridian, MS.
Naval Air Station Patuxent River.... Lexington Park, MD.
Naval Air Weapons Station China Lake Ridgecrest, CA.
Naval Base Kitsap--Keyport.......... Keyport, WA.
Naval Base Ventura County--Point Point Mugu, CA.
Mugu Operating Facility.
Naval Weapons Systems Training Boardman, OR.
Facility Boardman.
Nellis Air Force Base............... Las Vegas, NV.
Nevada Test and Training Range...... Tonopah, NV.
Pacific Missile Range Facility...... Kekaha, HI.
Patrick Air Force Base.............. Cocoa Beach, FL.
Tropic Regions Test Center.......... Wahiawa, HI.
Utah Test and Training Range........ Barro, UT.
Vandenberg Air Force Base........... Lompoc, CA.
West Desert Test Center............. Dugway, UT.
White Sands Missile Range........... White Sands Missile Range, NM.
Yuma Proving Ground................. Yuma, AZ.
------------------------------------------------------------------------
Dated: April 27, 2023.
Paul Rosen,
Assistant Secretary for Investment Security.
[FR Doc. 2023-09259 Filed 5-4-23; 8:45 am]
BILLING CODE 4810-25-P