Definition of Military Installation and the List of Military Installations in the Regulations Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States, 88128-88136 [2024-25773]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Investment Security

[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Rules and Regulations]
[Pages 88128-88136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25773]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Investment Security

31 CFR Part 802

RIN 1505-AC88


Definition of Military Installation and the List of Military 
Installations in the Regulations Pertaining to Certain Transactions by 
Foreign Persons Involving Real Estate in the United States

AGENCY: Office of Investment Security, Department of the Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the regulations of the Committee on 
Foreign Investment in the United States pertaining to transactions 
involving the purchase or lease by, or concession to, a foreign person 
of certain real estate in the United States. Specifically, the final 
rule amends the regulations by adding, moving, and removing certain 
military installations on the appendix at parts 1 and 2; makes 
corresponding revisions to the definition of the term ``military 
installation''; makes technical amendments to update the name or 
location information for certain military installations already listed 
on the appendix; and amends the applicability rule regarding changes to 
the regulations.

DATES: This final rule is effective on December 9, 2024.

FOR FURTHER INFORMATION CONTACT: Meena R. Sharma, Director, Office of 
Investment Security Policy and International Relations, 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 (DPA) of 1950, as amended, which are codified at 
50 U.S.C. 4565 (section 721), and establish the process and procedures 
of the Committee on Foreign Investment in the United States (CFIUS or 
the Committee) 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. Section 721 authorizes the president 
or his designee (i.e., CFIUS) to review certain real estate 
transactions by foreign persons where the real estate at issue is 
located in the United States and (a) is located within, or will 
function as part of, an air or maritime port; or (b) is in close 
proximity to a United States military installation or another facility 
or property of the U.S. Government that is sensitive for reasons 
relating to national security; could reasonably provide the foreign 
person the ability to collect intelligence on activities being 
conducted at such an installation, facility, or property; or could 
otherwise expose national security activities at such an installation, 
facility, or property to the risk of foreign surveillance.
    The appendix to the current regulations at part 802 (appendix A or 
the appendix) identifies certain military installations around which 
certain real estate transactions are subject to CFIUS's jurisdiction. 
As noted in the preamble to the final rule establishing part 802 in 
2020 (see 85 FR 3158), the military installations listed in the 
appendix were identified by the U.S. Department of Defense (Department 
of Defense) based upon an evaluation of national security 
considerations. The specific military installations are listed in 
appendix A by name and location (or township/range), and section 
802.227

[[Page 88129]]

sets forth the category descriptions of the military installations 
identified in appendix A. The locations listed in appendix A are 
intended to aid in the identification of the relevant installations 
only and do not represent specific boundaries of the installations for 
purposes of determining whether a transaction is a covered real estate 
transaction.
    The U.S. Department of the Treasury (Treasury Department) initially 
established part 802 through the final rule that became effective on 
February 13, 2020 (85 FR 3158). The Treasury Department subsequently 
made amendments to part 802 by adding eight military installations to 
appendix A and making technical changes that became effective on 
September 22, 2023 (September 2023 Rule) (88 FR 57348). Most recently, 
on July 19, 2024, the Treasury Department published a notice of 
proposed rulemaking (Proposed Rule) (89 FR 58653) that would: (1) add 
59 military installations to the appendix at parts 1 and 2; (2) move 
eight military installations from part 1 to part 2; (3) remove one 
installation from part 1 and two installations from part 2; (4) revise 
the definition of the term ``military installation''; (5) make 
technical amendments to the names of 14 installations already listed on 
the appendix; and (6) update the locations of seven installations 
already listed on the appendix.
    The public was given an opportunity to comment on the Proposed 
Rule, and comments were due by August 19, 2024. The comments received 
are available on the public rulemaking docket at https://www.regulations.gov (Docket TREAS-DO-2024-0010-0001).

II. Summary of Comments

    During the public comment period, the Treasury Department received 
more than 40 comment submissions reflecting a range of views. The 
Treasury Department considered each comment before issuing this final 
rule (Final Rule). Discussed below are the comments received and the 
Treasury Department's responses in consideration of the comments.
    Several commenters expressed the view that certain other military 
installations should be included in appendix A due to the nature of 
their operations and one commenter noted that any military or sensitive 
location should be considered for inclusion. Multiple commenters stated 
that Camp Grayling in Michigan should be added to appendix A. One 
commenter suggested three additional installations in Michigan for 
inclusion: Selfridge Air National Guard Base, Fort Custer, and Kellogg 
Air National Guard Base. Other commenters expressed support for the 
proposed inclusion of Whiteman Air Force Base in Missouri and suggested 
also including Ebbing Air National Guard Base in Arkansas.
    One commenter requested that the one-mile boundary around 
installations on part 1 of appendix A be extended to 30 miles. The 
commenter also requested that Marine Corps Air Station Cherry Point in 
North Carolina be moved from part 1 to part 2 of appendix A given the 
nature of the military operations at the site and that the location of 
this facility in the regulations be updated to Havelock, NC since it is 
within the city limits.
    The Final Rule makes no changes in response to these comments. 
Consistent with the Proposed Rule, the Final Rule adds Camp Grayling 
and Whiteman Air Force Base to the list of military installations at 
part 2 of appendix A. The Department of Defense identified the military 
installations that are the subject of this Final Rule after a 
comprehensive assessment that it conducted including through 
coordination across all military services, considering factors such as 
the operations, assets, missions, and training at each installation and 
appropriateness for coverage under section 721. Regarding any military 
installations not included in the Final Rule, the Department of Defense 
will continue on an ongoing basis to assess its military installations 
and the geographic scope set under part 802 to ensure appropriate 
application in light of national security considerations. Consistent 
with the authority under section 721(a)(4)(B)(ii), CFIUS is authorized 
to review certain real estate transactions in close proximity to 
facilities or properties of the U.S. Government that are sensitive for 
reasons relating to national security. The list of installations 
provided in the Proposed Rule reflects the Department of Defense's 
recent comprehensive assessment of its military installations in light 
of national security considerations. In the future, CFIUS may add other 
U.S. Government facilities or properties to the list of sites 
identified in appendix A, as appropriate and in consultation with CFIUS 
member agencies and other relevant departments and agencies of the U.S. 
Government. In response to the comment regarding the location of Marine 
Corps Air Station Cherry Point, the location as listed in the Proposed 
Rule (Cherry Point, NC) is accurate.
    Multiple commenters referenced a particular company and some 
expressed the view that the company should not be permitted to build an 
electric vehicle battery facility in Michigan. Several commenters noted 
that the location for the facility is near Camp Grayling, which the 
Proposed Rule would have added to the list of military installations in 
part 2 of appendix A. Further, some commenters expressed concerns about 
the particular company and suggested CFIUS review a specific 
transaction involving the company. One commenter also suggested that 
the Proposed Rule should apply retroactively so that CFIUS can review 
the particular transaction noted.
    The Final Rule makes no changes in response to the comments 
regarding a particular company and a specific transaction. It would be 
inappropriate and outside the scope of the Committee's rulemaking 
authority to specify the application of the regulations to a particular 
entity or a specific transaction in the course of a rulemaking. Filing 
transactions with CFIUS under part 802 is a voluntary process. CFIUS 
reviews covered transactions to determine the effects of the 
transaction on the national security of the United States and conducts 
this review on a case-by-case basis in light of the specific facts and 
circumstances. If any risks to the national security of the United 
States arise as a result of a transaction within the jurisdiction of 
CFIUS, the Committee conducts a risk-based analysis consistent with the 
requirements in section 721(l)(4)(A) and the regulations at section 
802.102. The Committee welcomes those who wish to provide tips and 
referrals about a particular transaction or entity to visit https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/tips-and-referrals.
    Regarding timing and applicability, this Final Rule does not apply 
retroactively to any transaction for which (1) the completion date is 
prior to the effective date set forth herein; or (2) the parties to the 
transaction have executed, prior to the effective date set forth 
herein, a binding written agreement, or other binding document, 
establishing the material terms of the transaction. This Final Rule 
takes effect 30 days from the date of publication in the Federal 
Register. In response to the comment about the application of the rule, 
the Final Rule amends the applicability rule at section 802.104 to 
clarify that neither the Final Rule nor the September 2023 Rule applies 
retroactively.
    Several commenters expressed the view that foreign persons should 
be prohibited from purchasing any land in the United States, including 
land near

[[Page 88130]]

military installations. One commenter suggested that no foreign company 
should be allowed to build on real estate within 100 miles of a 
military installation.
    The Final Rule makes no changes in response to these comments. 
CFIUS operates within the United States' longstanding open investment 
policy and, consistent with its statutory authority, takes action only 
with respect to certain foreign investments that pose national security 
concerns based on a transaction-specific assessment. A categorical 
prohibition on real estate transactions by foreign persons would not be 
consistent with CFIUS's statutory authority or the open investment 
policy of the United States. Instead, in instances where the Committee 
determines that there is a national security risk arising from a 
transaction, and that no other authorities are adequate to mitigate 
that risk, the Committee, pursuant to its statutory authority under 
section 721(l)(3), may negotiate, enter into, or impose, and enforce 
any agreement or condition with any party to the transaction to 
mitigate the national security risk arising from the transaction or, 
pursuant to the authority under section 721(l)(2), may refer the 
transaction to the President for decision. Pursuant to the authority 
under section 721(d), the President may suspend or prohibit a covered 
transaction that threatens to impair the national security of the 
United States. Accordingly, the risk-based approach and the authority 
provided in the CFIUS statute allow the Committee and the President to 
take action as necessary in light of national security considerations 
without unduly restricting broad categories of foreign investment in 
the United States.
    Multiple commenters noted legal and policy dynamics around U.S. 
states having introduced or enacted legislation restricting the 
purchase of real estate by foreign persons. Commenters suggested that 
the Treasury Department and CFIUS educate lawmakers, coordinate a 
federal response, consider any impacts on civil rights, and coordinate 
with civil society.
    The Final Rule makes no changes in response to these comments. 
CFIUS values the views of civil society and recognizes the importance 
of educating the public regarding CFIUS jurisdiction and processes. 
CFIUS reviews covered transactions to determine the effects of the 
transaction on the national security of the United States and conducts 
this review on a case-by-case basis. If any risks to the national 
security of the United States are present, CFIUS conducts a risk-based 
analysis and analyzes the particular facts and circumstances of the 
transaction consistent with the requirements in section 721(l)(4)(A) 
and the regulations at section 802.102. The Committee welcomes those 
who wish to communicate on matters relating to investment security more 
broadly to reach out to the Treasury Department; contact information is 
available at https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-contact-information.
    Commenters also requested clarity regarding the scope of the 
Proposed Rule, to include any impact the rule would have on property 
owners, businesses, and real estate professionals, and what, if any, 
exemptions for coverage exist. One commenter also requested 
clarification regarding whether outlying assets of installations (e.g., 
auxiliary sites, component installations, etc.) that meet the 
definition of military installation in the regulations at section 
802.227 are covered by CFIUS's jurisdiction.
    The Final Rule makes no changes in response to these comments. 
Exceptions to CFIUS's jurisdiction over real estate transactions are 
provided for in statute (see section 721(a)(4)(C)(i)) and in 
regulations (see section 802.216). With respect to the military 
installations (and assets thereof) around which CFIUS has jurisdiction 
under part 802, the geographic reference tool available on the CFIUS 
website can be a helpful resource in identifying the boundaries of 
military installations. Auxiliary sites, subordinate sites, and other 
Department of Defense facilities that are geographically separate from 
their parent installation, and which meet the definition of military 
installation, are included in the geographic reference tool. Note that 
the geographic tool is provided for reference only; it should not be 
interpreted as guidance or an advisory opinion by CFIUS with respect to 
any particular transaction.
    The Treasury Department also received some comments that did not 
address any specific provision of the Proposed Rule. One comment 
submission referenced ``family'' with no other content, another raised 
concern over certain chemicals, and a third suggested that only tax-
paying U.S. citizens can own property in the United States. The Final 
Rule makes no changes in response to these comments.

III. Discussion of the Final Rule

A. Amendments to the Military Installations Listed in Appendix A

    The appendix to the regulations at part 802 identifies certain 
bases, ranges, and other installations that, for the purposes of the 
regulation, meet the definition of ``military installation'' at section 
802.227 and, to assist in the identification of such installations, the 
related location (or township/range) information. The appendix is 
important for determining whether a transaction is a covered real 
estate transaction because of a nearby military installation. As 
relevant to this Final Rule, the installations identified in the 
appendix at part 1 meet one of the category descriptions in section 
802.227 (b) to (o). Installations identified in the appendix at part 2 
meet one of the category descriptions in section 802.227 (h), (k), or 
(m). CFIUS's jurisdiction extends outward one mile from the boundary of 
the installations identified at part 1 of the appendix and outward 100 
miles from the boundary of the installations identified at part 2 of 
the appendix.
    Consistent with the Proposed Rule, this Final Rule revises appendix 
A to include the 59 military installations listed below and removes 
eight military installations from part 1 of appendix A and adds them to 
part 2 (as noted below).
Part 1
 Anniston Army Depot, located in Anniston, Alabama
 Barter Island Regional Radar Site, located in Barter Island, 
Alaska
 Blue Grass Army Depot, located in Richmond, Kentucky
 Camp Blaz, located in Dededo, Guam
 Camp Navajo, located in Bellemont, Arizona
 Camp Roberts, located in San Miguel, California
 Cold Bay Regional Radar Site, located in Cold Bay, Alaska
 Detroit Arsenal, located in Warren, Michigan
 Hawthorne Army Depot, located in Hawthorne, Nevada
 Indian Mountain Regional Radar Site, located in Indian 
Mountain, Alaska
 Iowa Army Ammunition Plant, located in Middletown, Iowa
 Joint Base Myer-Henderson Hall, located in Arlington, Virginia
 Joint Systems Manufacturing Center--Lima, located in Lima, 
Ohio
 Kenai Regional Radar Site, located in Kenai, Alaska
 Kotzebue Regional Radar Site, located in Kotzebue, Alaska
 Lake City Army Ammunition Plant, located in Independence, 
Missouri

[[Page 88131]]

 Letterkenny Army Depot, located in Chambersburg, Pennsylvania
 Lisburne Regional Radar Site, located in Cape Lisburne, Alaska
 Marine Corps Logistics Base Albany, located in Albany, Georgia
 Marine Corps Logistics Base Barstow, located in Barstow, 
California
 Marine Corps Support Facility Blount Island, located in 
Jacksonville, Florida
 McAlester Army Ammunition Plant, located in McAlester, 
Oklahoma
 Military Ocean Terminal Concord, located in Concord, 
California
 Military Ocean Terminal Sunny Point, located in Brunswick 
County, North Carolina
 Naval Air Station Corpus Christi, located in Corpus Christi, 
Texas
 Naval Logistics Support Activity Ketchikan, located in 
Ketchikan, Alaska
 Naval Logistics Support Activity LaMoure, located in LaMoure, 
North Dakota
 Naval Logistics Support Annex Orlando, located in Okahumpka, 
Florida
 Naval Logistics Support Facility Aguada, located in Aguada, 
Puerto Rico
 Naval Logistics Support Facility Cutler, located in Cutler, 
Maine
 Naval Suffolk Facility, located in Suffolk, Virginia
 Pine Bluff Arsenal, located in White Hall, Arkansas
 Pueblo Chemical Depot, located in Pueblo, Colorado
 Red River Army Depot, located in Texarkana, Texas
 Romanzof Regional Radar Site, located in Cape Romanzof, Alaska
 Scott Air Force Base, located in St. Clair County, Illinois
 Scranton Army Ammunition Plant, located in Scranton, 
Pennsylvania
 Sparrevohn Regional Radar Site, located in Sparrevohn, Alaska
 Tatalina Regional Radar Site, located in Tatalina, Alaska
 Tooele Army Depot, located in Tooele, Utah
Part 2
 Altus Air Force Base, located in Altus, Oklahoma
 Arnold Air Force Base, located in Coffee County and Franklin 
County, Tennessee (moved from part 1 to part 2)
 Barksdale Air Force Base, located in Bossier City, Louisiana
 Camp Dodge, located in Johnston, Iowa
 Camp Grayling, located in Grayling, Michigan
 Camp Williams, located in Bluffdale, Utah
 Cannon Air Force Base, located in Clovis, New Mexico
 Chocolate Mountain Aerial Gunnery Range, located in Niland, 
California
 Columbus Air Force Base, located in Columbus, Mississippi
 Dover Air Force Base, located in Delmarva, Delaware
 Fort Novosel, located in Dale County, Alabama
 Goodfellow Air Force Base, located in San Angelo, Texas
 Joint Base Cape Cod, located in Sandwich, Massachusetts
 Joint Base Charleston, located in North Charleston, South 
Carolina
 Joint Base San Antonio, located in San Antonio, Texas (moved 
from part 1 to part 2)
 Little Rock Air Force Base, located in Little Rock, Arkansas
 Malmstrom Air Force Base, located in Great Falls, Montana 
(moved from part 1 to part 2)
 Maxwell-Gunter Air Force Base, located in Montgomery, Alabama
 Moody Air Force Base, located in Valdosta, Georgia (moved from 
part 1 to part 2)
 Muscatatuck Urban Training Center, located in Butlerville, 
Indiana
 Redstone Arsenal, located in Huntsville, Alabama (moved from 
part 1 to part 2)
 Schriever Air Force Base, located in Colorado Springs, 
Colorado (moved from part 1 to part 2)
 Tinker Air Force Base, located in Midwest City, Oklahoma 
(moved from part 1 to part 2)
 Townsend Bombing Range, located in McIntosh County, Georgia
 Vance Air Force Base, located in Enid, Oklahoma
 Whiteman Air Force Base, located in Knob Noster, Missouri
 Wright-Patterson Air Force Base, located in Dayton, Ohio 
(moved from part 1 to part 2)

    Additionally, the Final Rule removes three sites currently included 
in appendix A. Cape Cod Air Force Station is removed from part 1 
because it is located within Joint Base Cape Cod, which is added to the 
appendix at part 2 as detailed above. Iowa National Guard Joint Force 
Headquarters is removed from part 2 because it is located within Camp 
Dodge, which is added to the appendix at part 2 as detailed above. 
Finally, Lackland Air Force Base is removed from part 2 because it is 
located within Joint Base San Antonio, which is moved from part 1 to 
part 2 of appendix A as detailed above.

B. Technical Amendments To Update Identification of Certain Military 
Installations

    Consistent with the Proposed Rule, this Final Rule makes technical 
amendments to update the names of 14 military installations based on 
recommendations of the Department of Defense Naming Commission, the 
establishment of the U.S. Space Force (Space Force), and other changes 
to reflect the official names of the installations at present.
    More specifically, these changes include technical corrections to 
the names of five military installations as a result of the 
recommendation of the Department of Defense Naming Commission 
(available at https://www.defense.gov/News/News-Stories/Article/Article/3260434/dod-begins-implementing-naming-commission-recommendations/) as well as name changes to more accurately reflect 
the respective installations' official name.
    Additionally, on December 20, 2019, Congress established the Space 
Force as an armed force within the Department of the Air Force. Nine of 
the military installation names below are a result of the names having 
been officially changed by the Department of Defense and reflect 
efforts to align installations with space-focused operations under the 
appropriate military branch. These name changes are detailed below 
along with the names currently in the appendix.

 Army Research Office (formerly Army Research Lab--Raleigh 
Durham)
 Biometric Technology Center Defense Forensics and Biometrics 
Agency (formerly Biometric Technology Center (Biometrics Identity 
Management Activity))
 Buckley Space Force Base (formerly Buckley Air Force Base)
 Cape Canaveral Space Force Station (formerly Cape Canaveral 
Air Force Station)
 Cavalier Space Force Station (formerly Cavalier Air Force 
Station)
 Cheyenne Mountain Space Force Station (formerly Cheyenne 
Mountain Air Force Station)
 Clear Space Force Station (formerly Clear Air Force Station)
 Combat Capabilities Development Command Soldier Center 
(formerly U.S. Army Natick Soldier Systems Center)
 Eareckson Air Station (formerly Eareckson Air Force Station)
 Fort Eisenhower (formerly Fort Gordon)
 Patrick Space Force Base (formerly Patrick Air Force Base)
 Peterson Space Force Base (formerly Peterson Air Force Base)

[[Page 88132]]

 Schriever Space Force Base (formerly Schriever Air Force Base)
 Vandenberg Space Force Base (formerly Vandenberg Air Force 
Base)

    The locations of seven installations on the appendix at parts 1 and 
2 are updated to assist the public in identifying the installations by 
reference to their specific location. While these seven installations 
have not relocated, the updates to the location information are for the 
purposes of providing further clarity in identifying relevant sites. 
Some of the location updates pertain to installations also discussed 
above due to name changes.

 Army Research Office, located in Durham, NC (formerly Army 
Research Lab--Raleigh Durham, located in Raleigh Durham, NC)
 Camp Mackall, located in Southern Pines, NC (formerly Camp 
Mackall, located in Pinebluff, NC)
 Fort Campbell, located in Hopkinsville, KY and Clarksville, TN 
(formerly Fort Campbell, located in Hopkinsville, KY)
 Fort Johnson, located in Vernon Parrish, LA (formerly Fort 
Johnson, located in Leesville, LA)
 Fort Knox, located in Elizabethtown, KY (formerly Fort Knox, 
located in Fort Knox, KY)
 Fort Leavenworth, located in Leavenworth County, KS (formerly 
Fort Leavenworth, located in Leavenworth, KS)
 Hardwood Range, located in Necedah, WI (formerly Hardwood 
Range, located in Necehuenemedah, WI)

C. Amendments to the Definition of ``Military Installation''

    Consistent with the Proposed Rule, this Final Rule also makes 
several amendments to the definition of the term ``military 
installation'' at section 802.227 of the regulations. As defined in the 
current regulations, the term ``military installation'' means any site 
that meets certain category descriptions, and as identified in appendix 
A to part 802. The definition of ``military installation'' is amended 
with respect to paragraphs (e), (f), (g), (l), (m), and (n) of section 
802.227.
    Consistent with name changes discussed in section B above, 
paragraphs (e) and (f) of section 802.227 are amended to add Space 
Force bases, stations, and major annexes thereof. Paragraphs (g), (l), 
(m), and (n) of section 802.227 are amended to expand the list of 
applicable installations that meet these category descriptions. With 
respect to paragraph (g) of section 802.227, Army major depots, 
arsenals, and military terminals, including those that are not 
collocated with an Army installation included in the appendix, are 
added as covered installations under this category description. For 
paragraph (l), this Final Rule removes the exclusion for Marine Corps 
installations, logistics battalions, and support facilities from this 
category description. Paragraph (m) of section 802.227 is amended to 
remove the set of states and reference to military ranges owned by the 
Navy or Air Force. Certain real estate transactions near military 
ranges owned by each of the Armed Forces could reasonably provide a 
foreign person the ability to collect intelligence, perform 
surveillance, or otherwise expose national security activities at such 
installations. This change broadens the category to any military range 
as appropriate and is consistent with the definition of military range 
as defined in 10 U.S.C. 101(f)(1), which defines a range as ``a 
designated land or water area that is set aside, managed, and used for 
range activities of the Department of Defense.'' Finally, paragraph (n) 
is amended by removing the reference to the Submarine Force Atlantic 
and Submarine Force Pacific squadrons and supporting commands and by 
adding major support activities and annexes. This broadens the category 
to include any relevant Naval base and air station, and major support 
activities and annexes thereof, as identified by the Department of 
Defense.

D. Applicability Rule

    This Final Rule amends section 802.104 regarding the timing and 
applicability of the changes made herein to transactions where the 
completion date was before the effective date of this Final Rule; or 
where the parties to the transaction executed a binding written 
agreement, or other binding document, establishing the material terms 
of the transaction before the effective date of this Final Rule. This 
Final Rule also addresses the timing and applicability of the changes 
made in the September 2023 Rule with regard to transactions where the 
completion date was on or after February 13, 2020 and before September 
22, 2023; or where the parties to the transaction executed a binding 
written agreement, or other binding document, establishing the material 
terms of the transaction after February 13, 2020 and before September 
22, 2023.

IV. Rulemaking Requirements

Executive Order 12866

    These regulations are not subject to the general requirements of 
Executive Order 12866, as amended, which covers review of regulations 
by the Office of Information 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, these regulations are not subject to review under 
section 6(b) of Executive Order 12866 pursuant to section 1(d) of the 
June 9, 2023, 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.

Paperwork Reduction Act

    The collection of information contained in these regulations has 
been previously submitted to the OMB for review in accordance with the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and approved under 
OMB Control Number 1505-0121. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a valid OMB Control Number.

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 Final Rule makes amendments to the regulations implementing 
section 721 of the DPA (85 FR 3158), which the Treasury Department 
previously determined would not significantly impact a substantial 
number of small entities. The amendments in this Final Rule do not 
change that analysis or determination. The Treasury Department also 
invited public comment on how the Proposed Rule would affect small 
entities and did not receive any specific comments on this topic.

Congressional Review Act

    This rule has been submitted to the OMB's Office of Information and

[[Page 88133]]

Regulatory Affairs, which has determined that the rule is not a 
``major'' rule under the Congressional Review Act.

List of Subjects in 31 CFR Part 802

    Foreign investments in the United States, Federal buildings and 
facilities, Government property, Investigations, Investment companies, 
Investments, 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.


0
2. Revise Sec.  802.104 to read as follows:


Sec.  802.104  Applicability rule.

    (a) The regulations in this part do not apply to any transaction 
for which:
    (1) The completion date is prior to February 13, 2020; or
    (2) The parties to the transaction have executed, prior to February 
13, 2020, a binding written agreement, or other binding document, 
establishing the material terms of the transaction.
    (b) The regulations in this part adopted by the final rule 
published in the Federal Register on January 17, 2020 (85 FR 3158), 
shall apply to any transaction for which:
    (1) The completion date was on or after February 13, 2020, and 
before September 22, 2023; or
    (2) The parties to the transaction have executed a binding written 
agreement, or other binding document, establishing the material terms 
of the transaction on or after February 13, 2020, and before September 
22, 2023.
    (c) The regulations in this part as amended by the final rule 
published in the Federal Register on August 23, 2023 (88 FR 57348), 
shall apply to any transaction for which:
    (1) The completion date was on or after September 22, 2023, and 
before December 9, 2024; or
    (2) The parties to the transaction have executed a binding written 
agreement, or other binding document, establishing the material terms 
of the transaction on or after September 22, 2023, and before December 
9, 2024.
    (d) The regulations in this part as amended by the final rule 
published in the Federal Register on November 8, 2024 [(INSERT FEDERAL 
REGISTER CITATION OF FINAL RULE)], shall apply to any transaction for 
which:
    (1) The completion date was on or after December 9, 2024; or
    (2) The parties to the transaction have executed a binding written 
agreement, or other binding document, establishing the material terms 
of the transaction on or after December 9, 2024.

0
3. Amend Sec.  802.227 by:
0
a. In paragraph (e), adding ``, and Space Force bases and major annexes 
thereof'' after ``Air Force bases and major annexes thereof''; and
0
b. Revising paragraphs (f), (g), (l), (m), and (n).
    The revisions read as follows:


Sec.  802.227   Military installation.

* * * * *
    (f) Air Force bases, Air Force stations, Space Force bases, Space 
Force stations, and major annexes thereof, containing satellite, 
telemetry, tracking, or commanding systems;
    (g) Army bases, ammunition plants, centers of excellence, major 
depots and arsenals, military terminals, and research laboratories and 
major annexes thereof;
* * * * *
    (l) Marine Corps bases and air stations and major annexes thereof, 
excluding detachments and recruit depots;
    (m) Military ranges as defined in 10 U.S.C. 101 (f)(1), or joint 
forces training centers;
    (n) Naval bases and air stations including major support activities 
and annexes;
* * * * *

0
4. Amend appendix A to part 802 by revising the tables entitled ``Part 
1'' and ``Part 2'' to read as follows:

Appendix A to Part 802--List of Military Installations and Other U.S. 
Government Sites

------------------------------------------------------------------------
                    Site name                            Location
------------------------------------------------------------------------
                                 Part 1
------------------------------------------------------------------------
Adelphi Laboratory Center.......................  Adelphi, MD.
Air Force Maui Optical and Supercomputing Site..  Maui, HI.
Air Force Office of Scientific Research.........  Arlington, VA.
Andersen Air Force Base.........................  Yigo, Guam.
Anniston Army Depot.............................  Anniston, AL.
Army Futures Command............................  Austin, TX.
Army Research Lab--Orlando Simulations and        Orlando, FL.
 Training Technology Center.
Army Research Office............................  Durham, NC.
Barter Island Regional Radar Site...............  Barter Island, AK.
Beale Air Force Base............................  Yuba City, CA.
Biometric Technology Center (Defense Forensics    Clarksburg, WV.
 and Biometrics Agency).
Blue Grass Army Depot...........................  Richmond, KY.
Buckley Space Force Base........................  Aurora, CO.
Camp Blaz.......................................  Dededo, Guam.
Camp Mackall....................................  Southern Pines, NC.
Camp Navajo.....................................  Bellemont, AZ.
Camp Roberts....................................  San Miguel, CA.
Cape Newenham Long Range Radar Site.............  Cape Newenham, AK.
Cavalier Space Force Station....................  Cavalier, ND.
Cheyenne Mountain Space Force Station...........  Colorado Springs, CO.
Clear Space Force Station.......................  Anderson, AK.
Cold Bay Regional Radar Site....................  Cold Bay, AK.
Combat Capabilities Development Command Soldier   Natick, MA.
 Center.
Creech Air Force Base...........................  Indian Springs, NV.
Davis-Monthan Air Force Base....................  Tucson, AZ.

[[Page 88134]]

 
Defense Advanced Research Projects Agency.......  Arlington, VA.
Detroit Arsenal.................................  Warren, MI.
Eareckson Air Station...........................  Shemya, AK.
Eielson Air Force Base..........................  Fairbanks, AK.
Ellington Field Joint Reserve Base..............  Houston, TX.
Fairchild Air Force Base........................  Spokane, WA.
Fort Belvoir....................................  Fairfax County, VA.
Fort Bliss......................................  El Paso, TX.
Fort Campbell...................................  Hopkinsville, KY and
                                                   Clarksville, TN.
Fort Carson.....................................  Colorado Springs, CO.
Fort Cavazos....................................  Killeen, TX.
Fort Detrick....................................  Frederick, MD.
Fort Drum.......................................  Watertown, NY.
Fort Eisenhower.................................  Augusta, GA.
Fort Gregg-Adams................................  Petersburg, VA.
Fort Knox.......................................  Elizabethtown, KY.
Fort Leavenworth................................  Leavenworth County,
                                                   KS.
Fort Leonard Wood...............................  Pulaski County, MO.
Fort Meade......................................  Anne Arundel County,
                                                   MD.
Fort Moore......................................  Columbus, GA.
Fort Riley......................................  Junction City, KS.
Fort Shafter....................................  Honolulu, HI.
Fort Sill.......................................  Lawton, OK.
Fort Stewart....................................  Hinesville, GA.
Fort Yukon Long Range Radar Site................  Fort Yukon, AK.
Francis E. Warren Air Force Base................  Cheyenne, WY.
Guam Tracking Station...........................  Inarajan, Guam.
Hanscom Air Force Base..........................  Lexington, MA.
Hawthorne Army Depot............................  Hawthorne, NV.
Holloman Air Force Base.........................  Alamogordo, NM.
Holston Army Ammunition Plant...................  Kingsport, TN.
Indian Mountain Regional Radar Site.............  Indian Mountain, AK.
Iowa Army Ammunition Plant......................  Middletown, IA.
Joint Base Anacostia-Bolling....................  Washington, DC.
Joint Base Andrews..............................  Camp Springs, MD.
Joint Base Elmendorf-Richardson.................  Anchorage, AK.
Joint Base Langley-Eustis.......................  Hampton, VA and
                                                   Newport News, VA.
Joint Base Lewis-McChord........................  Tacoma, WA.
Joint Base McGuire-Dix-Lakehurst................  Lakehurst, NJ.
Joint Base Myer-Henderson Hall..................  Arlington, VA.
Joint Base Pearl Harbor-Hickam..................  Honolulu, HI.
Joint Expeditionary Base Little Creek-Fort Story  Virginia Beach, VA.
Joint Systems Manufacturing Center--Lima........  Lima, OH.
Kaena Point Satellite Tracking Station..........  Waianae, HI.
Kenai Regional Radar Site.......................  Kenai, AK.
King Salmon Air Force Station...................  King Salmon, AK.
Kirtland Air Force Base.........................  Albuquerque, NM.
Kodiak Tracking Station.........................  Kodiak Island, AK.
Kotzebue Regional Radar Site....................  Kotzebue, AK.
Lake City Army Ammunition Plant.................  Independence, MO.
Letterkenny Army Depot..........................  Chambersburg, PA.
Lisburne Regional Radar Site....................  Cape Lisburne, AK.
Los Angeles Air Force Base......................  El Segundo, CA.
MacDill Air Force Base..........................  Tampa, FL.
Marine Corps Air Ground Combat Center Twentynine  Twentynine Palms, CA.
 Palms.
Marine Corps Air Station Beaufort...............  Beaufort, SC.
Marine Corps Air Station Cherry Point...........  Cherry Point, NC.
Marine Corps Air Station Miramar................  San Diego, CA.
Marine Corps Air Station New River..............  Jacksonville, NC.
Marine Corps Air Station Yuma...................  Yuma, AZ.
Marine Corps Base Camp Lejeune..................  Jacksonville, NC.
Marine Corps Base Camp Pendleton................  Oceanside, CA.
Marine Corps Base Hawaii........................  Kaneohe Bay, HI.
Marine Corps Base Hawaii, Camp H.M. Smith.......  Halawa, HI.
Marine Corps Base Quantico......................  Quantico, VA.
Marine Corps Logistics Base Albany..............  Albany, GA.
Marine Corps Logistics Base Barstow.............  Barstow, CA.
Marine Corps Support Facility Blount Island.....  Jacksonville, FL.
Mark Center.....................................  Alexandria, VA.
McAlester Army Ammunition Plant.................  McAlester, OK.
Military Ocean Terminal Concord.................  Concord, CA.
Military Ocean Terminal Sunny Point.............  Brunswick County, NC.
Minot Air Force Base............................  Minot, ND.
Naval Air Station Corpus Christi................  Corpus Christi, TX.

[[Page 88135]]

 
Naval Air Station Joint Reserve Base New Orleans  Belle Chasse, LA.
Naval Air Station Oceana........................  Virginia Beach, VA.
Naval Air Station Oceana Dam Neck Annex.........  Virginia Beach, VA.
Naval Air Station Whidbey Island................  Oak Harbor, WA.
Naval Base Guam.................................  Apra Harbor, Guam.
Naval Base Kitsap Bangor........................  Silverdale, WA.
Naval Base Point Loma...........................  San Diego, CA.
Naval Base San Diego............................  San Diego, CA.
Naval Base Ventura County--Port Hueneme           Port Hueneme, CA.
 Operating Facility.
Naval Logistics Support Activity Ketchikan......  Ketchikan, AK.
Naval Logistics Support Activity LaMoure........  LaMoure, ND.
Naval Logistics Support Annex Orlando...........  Okahumpka, FL.
Naval Logistics Support Facility Aguada.........  Aguada, Puerto Rico.
Naval Logistics Support Facility Cutler.........  Cutler, ME.
Naval Research Laboratory.......................  Washington, DC.
Naval Research Laboratory--Blossom Point........  Welcome, MD.
Naval Research Laboratory--Stennis Space Center.  Hancock County, MS.
Naval Research Laboratory--Tilghman.............  Tilghman, MD.
Naval Station Newport...........................  Newport, RI.
Naval Station Norfolk...........................  Norfolk, VA.
Naval Submarine Base Kings Bay..................  Kings Bay, GA.
Naval Submarine Base New London.................  Groton, CT.
Naval Suffolk Facility..........................  Suffolk, VA.
Naval Support Activity Crane....................  Crane, IN.
Naval Support Activity Orlando..................  Orlando, FL.
Naval Support Activity Panama City..............  Panama City, FL.
Naval Support Activity Philadelphia.............  Philadelphia, PA.
Naval Support Facility Carderock................  Bethesda, MD.
Naval Support Facility Dahlgren.................  Dahlgren, VA.
Naval Support Facility Indian Head..............  Indian Head, MD.
Naval Surface Warfare Center Carderock Division-- Bayview, ID.
 Acoustic Research Detachment.
Naval Weapons Station Seal Beach Detachment       Norco, CA.
 Norco.
New Boston Air Station..........................  New Boston, NH.
Offutt Air Force Base...........................  Bellevue, NE.
Oliktok Long Range Radar Site...................  Oliktok, AK.
Orchard Combat Training Center..................  Boise, ID.
Peason Ridge Training Area......................  Leesville, LA.
Pentagon........................................  Arlington, VA.
Peterson Space Force Base.......................  Colorado Springs, CO.
Picatinny Arsenal...............................  Morris County, NJ.
Pine Bluff Arsenal..............................  White Hall, AR.
Pi[ntilde]on Canyon Maneuver Site...............  Tyrone, CO.
Pohakuloa Training Area.........................  Hilo, HI.
Point Barrow Long Range Radar Site..............  Point Barrow, AK.
Portsmouth Naval Shipyard.......................  Kittery, ME.
Pueblo Chemical Depot...........................  Pueblo, CO.
Radford Army Ammunition Plant...................  Radford, VA.
Red River Army Depot............................  Texarkana, TX.
Rock Island Arsenal.............................  Rock Island, IL.
Romanzof Regional Radar Site....................  Romanzof, AK.
Rome Research Laboratory........................  Rome, NY.
Scott Air Force Base............................  St. Clair County, IL.
Scranton Army Ammunition Plant..................  Scranton, PA.
Seymour Johnson Air Force Base..................  Goldsboro, NC.
Shaw Air Force Base.............................  Sumter, SC.
Southeast Alaska Acoustic Measurement Facility..  Ketchikan, AK.
Sparrevohn Regional Radar Site..................  Sparrevohn, AK.
Tatalina Regional Radar Site....................  Tatalina, AK.
Tin City Long Range Radar Site..................  Tin City, AK.
Tooele Army Depot...............................  Tooele, UT.
Travis Air Force Base...........................  Fairfield, CA.
Tyndall Air Force Base..........................  Bay County, FL.
Watervliet Arsenal..............................  Watervliet, NY.
------------------------------------------------------------------------
                                 Part 2
------------------------------------------------------------------------
Aberdeen Proving Ground.........................  Aberdeen, MD.
Air Force Plant 42..............................  Palmdale, CA.
Altus Air Force Base............................  Altus, OK.
Arnold Air Force Base...........................  Coffee County and
                                                   Franklin County, TN.
Barksdale Air Force Base........................  Bossier City, LA.
Camp Dodge......................................  Johnston, IA.
Camp Grayling...................................  Grayling, MI.

[[Page 88136]]

 
Camp Shelby.....................................  Hattiesburg, MS.
Camp Williams...................................  Bluffdale, UT.
Cannon Air Force Base...........................  Clovis, NM.
Cape Canaveral Space Force Station..............  Cape Canaveral, FL.
Chocolate Mountain Aerial Gunnery Range.........  Niland, CA.
Columbus Air Force Base.........................  Columbus, MS.
Dare County Range...............................  Manns Harbor, NC.
Dover Air Force Base............................  Delmarva, DE.
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 Greely.....................................  Delta Junction, AK.
Fort Huachuca...................................  Sierra Vista, AZ.
Fort Irwin......................................  San Bernardino County,
                                                   CA.
Fort Johnson....................................  Vernon Parish, LA.
Fort Liberty....................................  Fayetteville, NC.
Fort Novosel....................................  Dale County, AL.
Fort Wainwright.................................  Fairbanks, AK.
Goodfellow Air Force Base.......................  San Angelo, TX.
Grand Forks Air Force Base......................  Grand Forks, ND.
Hardwood Range..................................  Necedah, WI.
Hill Air Force Base.............................  Ogden, UT.
Joint Base Cape Cod.............................  Sandwich, MA.
Joint Base Charleston...........................  North Charleston, SC.
Joint Base San Antonio..........................  San Antonio, TX.
Laughlin Air Force Base.........................  Del Rio, TX.
Little Rock Air Force Base......................  Little Rock, AR.
Luke Air Force Base.............................  Glendale, AZ.
Malmstrom Air Force Base........................  Great Falls, MT.
Maxwell-Gunter Air Force Base...................  Montgomery, AL.
Moody Air Force Base............................  Valdosta, GA.
Mountain Home Air Force Base....................  Mountain Home, ID.
Muscatatuck Urban Training Center...............  Butlerville, IN.
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 Mugu Operating   Point Mugu, CA.
 Facility.
Naval Weapons Systems Training Facility Boardman  Boardman, OR.
Nellis Air Force Base...........................  Las Vegas, NV.
Nevada Test and Training Range..................  Tonopah, NV.
Pacific Missile Range Facility..................  Kekaha, HI.
Patrick Space Force Base........................  Cocoa Beach, FL.
Redstone Arsenal................................  Huntsville, AL.
Schriever Space Force Base......................  Colorado Springs, CO.
Tinker Air Force Base...........................  Midwest City, OK.
Townsend Bombing Range..........................  McIntosh County, GA.
Tropic Regions Test Center......................  Wahiawa, HI.
Utah Test and Training Range....................  Barro, UT.
Vance Air Force Base............................  Enid, OK.
Vandenberg Space Force Base.....................  Lompoc, CA.
West Desert Test Center.........................  Dugway, UT.
White Sands Missile Range.......................  White Sands Missile
                                                   Range, NM.
Whiteman Air Force Base.........................  Knob Noster, MO.
Wright-Patterson Air Force Base.................  Dayton, OH.
Yuma Proving Ground.............................  Yuma, AZ.
------------------------------------------------------------------------

* * * * *

Paul M. Rosen,
Assistant Secretary for Investment Security.
[FR Doc. 2024-25773 Filed 11-6-24; 8:45 am]
BILLING CODE 4810-AK-P