81_FR_6273 81 FR 6249 - 36(b)(1) Arms Sales Notification

81 FR 6249 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 24 (February 5, 2016)

Page Range6249-6251
FR Document2016-02261

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016)
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Notices]
[Pages 6249-6251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02261]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 15-65]


36(b)(1) Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 
July 21, 1996.

FOR FURTHER INFORMATION CONTACT: Sarah A. Ragan or Heather N. Harwell, 
DSCA/LMO, (703) 604-1546/(703) 607-5339.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 15-65 with attached Policy Justification 
and Sensitivity of Technology.

    Dated: February 2, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-P

[[Page 6250]]

[GRAPHIC] [TIFF OMITTED] TN05FE16.000

Transmittal No. 15-65
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(l) of the Arms Export Control Act, as amended
    (i) Prospective Purchaser: Government of Oman
    (ii) Total Estimated Value:

Major Defense Equipment *................  $51 million
Other....................................  $ 0 million
                                          ------------------------------
  Total..................................  $51 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE):

Four hundred (400) Tube-launched Optically-tracked wire guided (TOW) 2B 
Aero, Radio Frequency (RF) Missiles (BGM-71F-3-RF)
Seven (7) TOW 2B Aero, RF Missile (BGM-71F-3-RF) Fly-to-Buy Missiles

    (iv) Military Department: U.S. Army (UKP)
    (v) Prior Related Cases, if any: FMS Case UKC-$16.8B-05 Mar 15
    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be 
Paid: None
    (vii) Sensitivity of Technology Contained in the Defense Article or 
Defense Services Proposed to be Sold: See Attached Annex.
    (viii) Date Report Delivered to Congress: 06 January 2016

    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Government of Oman-TOW 2B Missiles

    The Government of Oman has requested a possible sale of:
    Major Defense Equipment (MDE):

Four hundred (400) Tube-launched Optically-tracked wire guided (TOW)

[[Page 6251]]

2B Aero, Radio Frequency (RF) Missiles (BGM-71F-3-RF)
Seven (7) TOW 2B Aero, RF Missile (BGM-71F-3-RF) Fly-to-Buy Missiles

    The estimated value of MDE is $51 million. The total estimated cost 
of this effort is $51 million.
    This proposed sale will contribute to the foreign policy and 
national security of the United States by helping to improve the 
security of a friendly country which has been, and continues to be, an 
important force for political stability and economic progress in the 
Middle East.
    The proposed sale of the TOW 2B Missiles and technical support will 
advance Oman's efforts to develop an integrated ground defense 
capability. Oman will use this capability to strengthen its homeland 
defense and enhance interoperability with the U.S. and other allies. 
Oman will have no difficulty absorbing these missiles into its armed 
forces.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    The principal contractor will be Raytheon Missile Systems, Tucson, 
Arizona.
    There are no known offset agreements proposed in connection with 
this potential sale.
    Implementation of this proposed sale will require the U.S. 
Government or contractor representatives to travel to Oman for multiple 
periods for equipment de-processing/fielding, system checkout and new 
equipment training. There will be no more than three (3) contractor 
personnel in Oman at any one time and all efforts will take less than 
fourteen (14) weeks in total.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 15-65
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(1) of the Arms Export Control Act, as amended
Annex
Item No. vii
    (vii) Sensitivity of Technology:
    1. The Radio Frequency (RF) Tube-launched Optically-tracked Wire 
guided (TOW) 2B Aero Missile (BGM-71F-3-RF) is a fly-over, shoot-down 
version with the actual missile flight path offset above the gunner's 
aim point. The TOW 2B flies over the target and uses a laser 
profilometer and magnetic sensor to detect and fire two downward-
directed, explosively-formed penetrator warheads into the target. The 
TOW 2B has a range of 200 to 3750m. A Radio Frequency (RF) Data link, 
replaced the traditional TOW wire guidance link in all new production 
variants of the TOW beginning in FY 07. No RF TOW AERO technical data 
will be released during program development without prior approval from 
the Office of the Deputy Assistant Secretary of the Army for Defense 
Exports and Cooperation. The hardware for the TOW 2B is UNCLASSIFIED. 
Software for performance data, lethality penetration and sensors are 
classified SECRET.
    2. If a technologically advanced adversary were to obtain knowledge 
of the specific hardware and software elements, the information could 
be used to develop countermeasures that might reduce weapon system 
effectiveness or be used in the development of a system with similar or 
advanced capabilities.
    3. A determination has been made that the recipient country can 
provide substantially the same degree of protection for the sensitive 
technology being released as the U.S. Government. This sale is 
necessary in furtherance of the U.S. foreign policy and national 
security objectives outlined in the Policy Justification.
    4. All defense articles and services listed in this transmittal 
have been authorized for release and export to the Government of Oman.
[FR Doc. 2016-02261 Filed 2-4-16; 8:45 am]
BILLING CODE 5001-06-C



                                                                                 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices                                                 6249

                                                    There are no known offset agreements                  and operating logic of the                            systems is controlled through
                                                  proposed in connection with this                        countermeasures circuits are SECRET.                  management of the basic software
                                                  potential sale.                                            5. The Joint Helmet Mounted Cueing                 programs of highly sensitive systems
                                                    Implementation of this proposed sale                  System (JHMCS) is a modified HGU–55/                  and software-controlled weapon
                                                  requires approximately four hundred                     P helmet that incorporates a visor-                   systems on a case-by-case basis.
                                                  (400) U.S. Government and contractor                    projected Heads-Up Display to cue                        13. If a technologically advanced
                                                  personnel to reside in Iraq through                     weapons and aircraft sensors to air and               adversary were to obtain knowledge of
                                                  calendar year 2020 as part of this sale                 ground targets. The hardware is                       the specific hardware and software
                                                  to establish maintenance support, on-                   UNCLASSIFIED. The technical data and                  elements, the information could be used
                                                  the-job maintenance training, and                       documents are classified up to SECRET.                to develop countermeasures or
                                                  maintenance advice.                                        6. The PGU–28 20mm High Explosive                  equivalent systems which might reduce
                                                    There is no adverse impact on U.S.                    Incendiary ammunition is a low-drag                   weapon system effectiveness or be used
                                                  defense readiness as a result of this                   round designed to reduce in-flight drag               in the development of a system with
                                                  proposed sale.                                          and deceleration. It is a semi-armor                  similar or advanced capabilities.
                                                                                                          piercing high explosive incendiary                       14. This sale is necessary to further
                                                  Transmittal No. 15–52
                                                                                                          round. The PGU–27 A/B 20mm                            the U.S. foreign policy and national
                                                  Notice of Proposed Issuance of Letter of                ammunition is the target practice                     security objectives outlined in the
                                                  Offer Pursuant to Section 36(b)(1) of the               version of the PGU–28. Both the PGU–                  Policy Justification. Moreover, the
                                                  Arms Export Control Act                                 27 and the PGU–28 are UNCLASSIFIED.                   benefits derived from this sale, as
                                                  Annex                                                      7. The M61 20mm Vulcan Rotary                      outlined in the Policy Justification,
                                                                                                          Cannon is a six-barreled automatic                    outweigh the potential damage that
                                                  Item No. vii                                            cannon chambered in 20x102mm. This                    could result if the sensitive technology
                                                     (vii) Sensitivity of Technology:                     weapon is fixed mounted on fighter                    were revealed to unauthorized persons.
                                                     1. This sale sustains sensitive                      aircraft and is used for damaging and                    15. All defense articles and services
                                                  technology previously sold to Iraq. The                 destroying aerial and ground targets.                 listed in this transmittal have been
                                                  F–16C/D Block 50/52 weapon system is                    The cannon and the associated                         authorized for release and export to the
                                                  UNCLASSIFIED, except as noted below.                    ammunition are UNCLASSIFIED.                          Government of Iraq.
                                                  The aircraft uses the F–16 airframe and                    8. The MK–82 and MK84 are 500-lb
                                                                                                                                                                [FR Doc. 2016–02264 Filed 2–4–16; 8:45 am]
                                                  features advanced avionics and systems.                 and 2000-lb general purpose bombs
                                                                                                                                                                BILLING CODE 5001–06–P
                                                  It contains the Pratt and Whitney F–                    respectively. These blast and
                                                  100–PW–229 or the General Electric F–                   fragmentation bombs are designed to
                                                  110–GE–129 engine, AN/APG–68V(9)                        attack soft and intermediately protected
                                                                                                                                                                DEPARTMENT OF DEFENSE
                                                  radar, digital flight control system,                   targets. The weapons are
                                                  internal and external electronic warfare                UNCLASSIFIED.                                         Office of the Secretary
                                                  equipment, Advanced Identification                         9. The BLU–111 is a 500-lb bomb and
                                                  Friend or Foe (IFF) (without Mode IV),                  the BLU–117 is a 2,000- lb bomb. Both
                                                                                                          bombs are similar to the MK–84 and are                [Transmittal No. 15–65]
                                                  operational flight program, and software
                                                  computer programs.                                      filled with the Insensitive Munitions                 36(b)(1) Arms Sales Notification
                                                     2. The AIM–9M–8/9 Sidewinder is a                    explosive to resist exploding in fuel
                                                  supersonic, heat-seeking, air-to-air                    related fires. They are used by the U.S.              AGENCY: Defense Security Cooperation
                                                  missile carried by fighter aircraft. The                Navy. The weapons are                                 Agency, Department of Defense.
                                                  hardware, software, and maintenance                     UNCLASSIFIED.                                         ACTION: Notice.
                                                  are classified CONFIDENTIAL. Pilot                         10. MJU–7 Flares are a magnesium-
                                                  training, technical data, and                           based Infrared (IR) countermeasure used               SUMMARY:   The Department of Defense is
                                                  documentation necessary for                             for decoying air-to-air and surface-to-air            publishing the unclassified text of a
                                                  performance and operating information                   missiles. The MJU–7 hardware is                       section 36(b)(1) arms sales notification.
                                                  are classified SECRET.                                  UNCLASSIFIED. Countermeasure                          This is published to fulfill the
                                                     3. The Paveway II/III (GBU–10/12/24)                 effectiveness information is classified               requirements of section 155 of Public
                                                  weapon is classified CONFIDENTIAL.                      up to SECRET.                                         Law 104–164 dated July 21, 1996.
                                                  Information revealing target designation                   11. RR–170 Chaff is a countermeasure               FOR FURTHER INFORMATION CONTACT:
                                                  tactics and associated aircraft                         used to decoy radars and radar-guided                 Sarah A. Ragan or Heather N. Harwell,
                                                  maneuvers, the probability of destroying                missiles. The hardware is                             DSCA/LMO, (703) 604–1546/(703) 607–
                                                  specific/peculiar targets, vulnerabilities              UNCLASSIFIED. Countermeasure                          5339.
                                                  regarding countermeasures and the                       effectiveness information is classified
                                                                                                                                                                   The following is a copy of a letter to
                                                  electromagnetic environment is                          up to SECRET.
                                                                                                                                                                the Speaker of the House of
                                                  classified SECRET.                                         12. Software, hardware, and other
                                                                                                                                                                Representatives, Transmittal 15–65 with
                                                     4. The AGM–65D/G/H/K Maverick                        data/information, which is classified or
                                                                                                                                                                attached Policy Justification and
                                                  air-to-ground missile is SECRET. The                    sensitive, is reviewed prior to release to
                                                                                                                                                                Sensitivity of Technology.
                                                  SECRET aspects of the Maverick system                   protect system vulnerabilities, design
                                                  are tactics, information revealing its                  data, and performance parameters.                       Dated: February 2, 2016.
                                                  vulnerability to countermeasures, and                   Some end-item hardware, software, and                 Aaron Siegel,
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                                                  counter-countermeasures. Manuals and                    other data identified above are classified            Alternate OSD Federal Register Liaison
                                                  maintenance have portions that are                      at the CONFIDENTIAL and SECRET                        Officer, Department of Defense.
                                                  classified CONFIDENTIAL. Performance                    level. Potential compromise of these                  BILLING CODE 5001–06–P




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                                                  6250                                    Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices




                                                  Transmittal No. 15–65                                              Major Defense Equipment (MDE):                      Defense Services Proposed to be Sold:
                                                  Notice of Proposed Issuance of Letter of                         Four hundred (400) Tube-launched                      See Attached Annex.
                                                  Offer Pursuant to Section 36(b)(l) of the                          Optically-tracked wire guided (TOW)                   (viii) Date Report Delivered to
                                                  Arms Export Control Act, as amended                                2B Aero, Radio Frequency (RF)                       Congress: 06 January 2016
                                                                                                                     Missiles (BGM–71F–3–RF)                               * As defined in Section 47(6) of the
                                                    (i) Prospective Purchaser: Government                          Seven (7) TOW 2B Aero, RF Missile                     Arms Export Control Act.
                                                  of Oman                                                            (BGM–71F–3–RF) Fly-to-Buy Missiles
                                                    (ii) Total Estimated Value:                                                                                          POLICY JUSTIFICATION
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                                                                                                                     (iv) Military Department: U.S. Army
                                                  Major Defense Equipment * ..                   $51 million       (UKP)                                                 Government of Oman-TOW 2B Missiles
                                                  Other ......................................   $ 0 million         (v) Prior Related Cases, if any: FMS
                                                                                                                                                                           The Government of Oman has
                                                                                                                   Case UKC–$16.8B–05 Mar 15
                                                     Total ...................................   $51 million                                                             requested a possible sale of:
                                                                                                                     (vi) Sales Commission, Fee, etc., Paid,
                                                    (iii) Description and Quantity or                              Offered, or Agreed to be Paid: None                     Major Defense Equipment (MDE):
                                                  Quantities of Articles or Services under                           (vii) Sensitivity of Technology                     Four hundred (400) Tube-launched
                                                  Consideration for Purchase:
                                                                                                                                                                                                                  EN05FE16.000</GPH>




                                                                                                                   Contained in the Defense Article or                     Optically-tracked wire guided (TOW)


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                                                                                 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices                                              6251

                                                     2B Aero, Radio Frequency (RF)                        (RF) Data link, replaced the traditional              FOR FURTHER INFORMATION CONTACT:
                                                     Missiles (BGM–71F–3–RF)                              TOW wire guidance link in all new                     David Cantrell, U.S. Department of
                                                  Seven (7) TOW 2B Aero, RF Missile                       production variants of the TOW                        Education, 400 Maryland Avenue SW.,
                                                     (BGM–71F–3–RF) Fly-to-Buy Missiles                   beginning in FY 07. No RF TOW AERO                    room 3E303, Washington, DC 20202.
                                                     The estimated value of MDE is $51                    technical data will be released during                Telephone: (202) 453–5990 or by email:
                                                  million. The total estimated cost of this               program development without prior                     reap@ed.gov.
                                                  effort is $51 million.                                  approval from the Office of the Deputy                   If you use a telecommunications
                                                     This proposed sale will contribute to                Assistant Secretary of the Army for                   device for the deaf or a text telephone,
                                                  the foreign policy and national security                Defense Exports and Cooperation. The                  call the Federal Relay Service, toll free,
                                                  of the United States by helping to                      hardware for the TOW 2B is                            at 1–800–877–8339.
                                                  improve the security of a friendly                      UNCLASSIFIED. Software for                            SUPPLEMENTARY INFORMATION:
                                                  country which has been, and continues                   performance data, lethality penetration               Under what statutory authority will FY
                                                  to be, an important force for political                 and sensors are classified SECRET.                    2016 SRSA awards be made?
                                                  stability and economic progress in the                     2. If a technologically advanced
                                                  Middle East.                                            adversary were to obtain knowledge of                    The FY 2016 SRSA awards will be
                                                     The proposed sale of the TOW 2B                      the specific hardware and software                    made under the statutory authority in
                                                  Missiles and technical support will                     elements, the information could be used               title VI, part B, subpart 1 of the
                                                  advance Oman’s efforts to develop an                    to develop countermeasures that might                 Elementary and Secondary Education
                                                  integrated ground defense capability.                   reduce weapon system effectiveness or                 Act of 1965 (ESEA), as amended by the
                                                  Oman will use this capability to                        be used in the development of a system                No Child Left Behind Act of 2001 (Pub.
                                                  strengthen its homeland defense and                     with similar or advanced capabilities.                L. 107–110). Recently, the SRSA
                                                  enhance interoperability with the U.S.                     3. A determination has been made                   program was reauthorized under title V,
                                                  and other allies. Oman will have no                     that the recipient country can provide                part B, subpart 1 of the ESEA, as
                                                  difficulty absorbing these missiles into                substantially the same degree of                      amended by the Every Student Succeeds
                                                  its armed forces.                                       protection for the sensitive technology               Act (ESSA) (Pub. L. 114–95). However,
                                                     The proposed sale of this equipment                  being released as the U.S. Government.                under the Consolidated Appropriations
                                                  and support will not alter the basic                    This sale is necessary in furtherance of              Act, 2016 (Pub. L. 114–113), changes to
                                                  military balance in the region.                         the U.S. foreign policy and national                  the SRSA program under ESSA will not
                                                     The principal contractor will be                     security objectives outlined in the                   take effect until the 2017–18 school
                                                  Raytheon Missile Systems, Tucson,                       Policy Justification.                                 year.
                                                  Arizona.                                                   4. All defense articles and services               Which LEAs are eligible for an award
                                                     There are no known offset agreements                 listed in this transmittal have been                  under the SRSA program?
                                                  proposed in connection with this                        authorized for release and export to the
                                                                                                          Government of Oman.                                     For FY 2016, an LEA (including a
                                                  potential sale.                                                                                               public charter school that is considered
                                                     Implementation of this proposed sale                 [FR Doc. 2016–02261 Filed 2–4–16; 8:45 am]
                                                                                                                                                                an LEA under State law) is eligible for
                                                  will require the U.S. Government or                     BILLING CODE 5001–06–C
                                                                                                                                                                an award under the SRSA program if—
                                                  contractor representatives to travel to                                                                         (a) The total number of students in
                                                  Oman for multiple periods for                                                                                 average daily attendance at all of the
                                                  equipment de-processing/fielding,                       DEPARTMENT OF EDUCATION                               schools served by the LEA is fewer than
                                                  system checkout and new equipment                                                                             600, or each county in which a school
                                                                                                          [CFDA Number: 84.358A.]
                                                  training. There will be no more than                                                                          served by the LEA is located has a total
                                                  three (3) contractor personnel in Oman                  Application Deadline for Fiscal Year                  population density of fewer than 10
                                                  at any one time and all efforts will take               2016; Small, Rural School                             persons per square mile; and
                                                  less than fourteen (14) weeks in total.                 Achievement Program                                     (b)(1) All of the schools served by the
                                                     There will be no adverse impact on                                                                         LEA are designated with a school locale
                                                  U.S. defense readiness as a result of this              AGENCY: Office of Elementary and                      code of 7 or 8 by the Department’s
                                                  proposed sale.                                          Secondary Education, Department of                    National Center for Education Statistics
                                                                                                          Education.                                            (NCES); or
                                                  Transmittal No. 15–65
                                                                                                          ACTION: Notice.                                         (2) The Secretary has determined,
                                                  Notice of Proposed Issuance of Letter of                                                                      based on a demonstration by the LEA
                                                  Offer Pursuant to Section 36(b)(1) of the               SUMMARY:    Under the Small, Rural                    and concurrence of the State
                                                  Arms Export Control Act, as amended                     School Achievement (SRSA) program,                    educational agency, that the LEA is
                                                  Annex                                                   the U.S. Department of Education                      located in an area defined as rural by a
                                                                                                          (Department) awards grants on a                       governmental agency of the State.
                                                  Item No. vii                                            formula basis to eligible local
                                                                                                          educational agencies (LEAs) to address                  Note: For FY 2016, the school locale codes
                                                    (vii) Sensitivity of Technology:                                                                            are the locale codes determined on the basis
                                                    1. The Radio Frequency (RF) Tube-                     the unique needs of rural school                      of the NCES school code methodology in
                                                  launched Optically-tracked Wire guided                  districts. In this notice, we establish the           place on the date of enactment of section
                                                  (TOW) 2B Aero Missile (BGM–71F–3–                       deadline for submission of fiscal year                6211(b) of the ESEA, as amended by the No
                                                  RF) is a fly-over, shoot-down version                   (FY) 2016 SRSA grant applications.                    Child Left Behind Act of 2001.
                                                                                                            An eligible LEA that has not
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                                                  with the actual missile flight path offset
                                                  above the gunner’s aim point. The TOW                   previously submitted an application for               Which eligible LEAs must submit an
                                                  2B flies over the target and uses a laser               SRSA funds in any prior year must                     application to receive an FY 2016 SRSA
                                                  profilometer and magnetic sensor to                     submit an application electronically by               grant award?
                                                  detect and fire two downward-directed,                  the deadline in this notice.                            Under the regulations in 34 CFR
                                                  explosively-formed penetrator warheads                  DATES: Application Deadline: May 2,                   75.104(a), the Secretary makes a grant
                                                  into the target. The TOW 2B has a range                 2016, 4:30:00 p.m., Washington, DC                    only to an eligible party that submits an
                                                  of 200 to 3750m. A Radio Frequency                      time.


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Document Created: 2016-02-05 00:17:41
Document Modified: 2016-02-05 00:17:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactSarah A. Ragan or Heather N. Harwell, DSCA/LMO, (703) 604-1546/(703) 607-5339.
FR Citation81 FR 6249 

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