81_FR_763 81 FR 759 - 36(b)(1) Arms Sales Notification

81 FR 759 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 4 (January 7, 2016)

Page Range759-761
FR Document2016-00034

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 4 (Thursday, January 7, 2016)
[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Notices]
[Pages 759-761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00034]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-11]


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 16-11 with attached Policy Justification.

    Dated: January 4, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-P

[[Page 760]]

[GRAPHIC] [TIFF OMITTED] TN07JA16.000

Transmittal No. 16-11
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(1) of the Arms Export Control Act, as amended
    (i) Prospective Purchaser: Lithuania
    (ii) Total Estimated Value:

Major Defense Equipment*................  $45.2 million
Other...................................  $9.8 million
                                         -------------------------------
  Total.................................  $55.0 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE): Two-hundred and twenty (220) Javelin 
Missiles, Ten (10) Javelin Fly-to-Buy Missiles, Seventy-four (74) 
Javelin Command Launch Units (CLU).
    Also included are the following non-MDE items; U.S. Government 
technical assistance, above the line transportation cost, and other 
related elements of logistics and program support to include equipment 
purchased in prior related Foreign Military Sales cases. The estimated 
cost is $55 million.
    (iv) Military Department: Army
    (v) Prior Related Cases, if any: FMS Case: LH-B-UAN-$9.6M-JAN 02, 
LH-B-UAN, A06-$29.3M-SEP 14
    (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: 18 DEC 2015
    * as defined in Section 47(6) of the Arms Export Control Act.

[[Page 761]]

POLICY JUSTIFICATION
Lithuania-Javelin Missile and Command Launch Units
    Lithuania has requested a possible sale of two-hundred and twenty 
(220) Javelin Missiles, ten (10) Javelin Fly-to-Buy Missiles, seventy-
four (74) Javelin Command Launch Units (CLU), U.S. Government technical 
assistance, above the line transportation cost, and other related 
elements of logistics and program support. The total estimated value of 
MDE is $45.2 million. The overall total estimated value is $55 million.
    This proposed sale will contribute to the foreign policy and 
national security of the United States. The sale of Javelins will 
provide additional opportunities for bilateral engagements and greater 
interoperability with U.S. and allied forces. Neighboring NATO Allies 
would view this procurement as a positive step towards ensuring 
regional stability. The proposed sale directly supports U.S. national 
security interests by bolstering the Lithuanian military's ability to 
effectively defend its border and effectively coordinate regional 
border security with its Baltic neighbors.
    The proposed sale of Javelins will provide Lithuania with increased 
capacity to meet its defensive needs. Supporting the Lithuanian Land 
Force's modernization also supports the fielding of forces better able 
to contribute to NATO operations in the future. Lithuania will have no 
difficulty absorbing this equipment into its armed forces.
    The proposed sale of this equipment, services, and support will not 
alter the basic military balance in the region.
    The prime contractors will be Raytheon/Lockheed Martin Javelin 
Joint Venture of Orlando, Florida, and Tucson, Arizona. There are no 
known offset agreements proposed in connection with this potential 
sale.
    Implementation of this proposed sale will not require the 
assignment of any additional U.S. Government or contractor 
representatives to Lithuania.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-11
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 Javelin Weapon System is a medium-range, man-portable, 
shoulder-launched, fire-and-forget, anti-armor system. Javelin uses 
fire-and-forget technology which allows the gunner to fire and 
immediately relocate or take cover. Other features include top attack 
and direct fire modes, an advanced tandem warhead and imaging infrared 
seeker, target lock-on before launch, and soft launch from enclosures. 
The Javelin missile also has a minimum smoke motor thus decreasing its 
detection on the battlefield. The Javelin Training System consists of 
the following training devices: The missile simulation round, the basic 
skills trainer and the field tactical trainer, Javelin Weapon Effects 
Simulator (JAVWES), and tripod.
    2. The Javelin Weapon System comprises two major tactical 
components, which include a reusable Command Launch Unit (CLU) and a 
round contained in a disposable launch tube assembly. The CLU 
incorporates an integrated day-night sight that provides a target 
engagement capability in adverse weather and countermeasure 
environments. The CLU may also be used in a stand-alone mode for 
battlefield surveillance and target detection. The CLU's thermal sight 
is a second generation Forward-Looking Infrared (FLIR) sensor operating 
in the 8-10 micron wavelength and has a 240 X 2 scanning array with a 
Dewar-coolant unit. To facilitate initial loading and subsequent 
updating of software, all on-board missile software is uploaded via the 
CLU after mating and prior to launch.
    3. The Javelin Missile System hardware and the documentation are 
UNCLASSIFIED. The missile software which resides in the CLU is 
considered sensitive. The sensitivity is primarily in the software 
programs which instruct the system how to operate in the presence of 
countermeasures. Programs are contained in the system in the form of 
microprocessors with Read Only Memory (ROM) maps, which do not provide 
the software program itself. The overall hardware is considered 
sensitive in that the modulation frequency and infrared wavelengths 
could be used in countermeasure development.
    4. 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.
    5. A determination has been made that the recipient country can 
provide 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. Moreover, the benefits to be 
derived from this sale, as outlined in the Policy Justification, 
outweigh the potential damage that could result if the sensitive 
technology were revealed to unauthorized persons.
    6. All defense articles and services listed in this transmittal 
have been authorized for release and export to the Government of 
Lithuania.

[FR Doc. 2016-00034 Filed 1-6-16; 8:45 am]
 BILLING CODE 5001-06-C



                                                                             Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices                                                       759

                                               Participants and 134 Futures                            areas of laser communication, beam                     Technology Transfer and Outreach
                                               Commission Merchants).1                                 aberration correction, Light Detection                 Office, RDRL–DPT/Thomas Mulkern,
                                                 Estimated number of responses per                     and Ranging (LIDAR/LADAR), beam                        Building 321 Room 110, Aberdeen
                                               respondent: 252.2                                       steering (random access) and precision                 Proving Ground, MD 21005–5425.
                                                 Estimated total annual burden on                      pointing and tracking. The proposed                    FOR FURTHER INFORMATION CONTACT:
                                               respondents: 120,960 hours.                             license would be relative to the                       Thomas Mulkern, (410) 278–0889,
                                                 Frequency of collection: As needed.                   following:                                             EMail: ORTA@arl.army.mil
                                                 There are no capital costs or operating                  • U.S Patent Application Number
                                                                                                       2014/0231618 entitled ‘‘Apparatus for                  SUPPLEMENTARY INFORMATION: None.
                                               and maintenance costs associated with
                                               this collection.                                        Coherent Beam Combining in an Array                    Brenda S. Bowen,
                                                                                                       of Laser Collimators’’, Inventors                      Army Federal Register Liaison Officer.
                                                  Authority: 44 U.S.C. 3501 et seq.                    Beresnev et al, Filing date September                  [FR Doc. 2016–00024 Filed 1–6–16; 8:45 am]
                                                 Dated: January 4, 2016.                               27, 2013.
                                                                                                          • U.S Patent Application Number
                                                                                                                                                              BILLING CODE 3710–08–P
                                               Robert N. Sidman,
                                               Deputy Secretary of the Commission.                     2014/0241665 entitled ‘‘Light Beam
                                               [FR Doc. 2016–00058 Filed 1–6–16; 8:45 am]
                                                                                                       Collimator Particularly Suitable for a                 DEPARTMENT OF DEFENSE
                                                                                                       Densely Packed Array’’, Inventor
                                               BILLING CODE 6351–01–P
                                                                                                       Beresnev, Filing date February 28, 2013.               Office of the Secretary
                                                                                                          • U.S Patent Application Number
                                                                                                       2013/0342078 entitled ‘‘Apparatus and
                                               DEPARTMENT OF DEFENSE                                                                                          [Transmittal No. 16–11]
                                                                                                       Method of Making a Multi-Layered
                                                                                                       Piezoelectric Actuator’’, Inventor                     36(b)(1) Arms Sales Notification
                                               Department of the Army                                  Beresnev, Filing Date August 27, 2013.
                                               Notice of Intent To Grant Exclusive                     DATES: The prospective exclusive                       AGENCY: Defense Security Cooperation
                                               Patent License to Schafer Aerospace;                    license may be granted unless within                   Agency, Department of Defense.
                                               Albuquerque, NM                                         fifteen (15) days from the date of this                ACTION: Notice.
                                                                                                       published notice, the U.S. Army
                                               AGENCY:   Department of the Army, DoD.                  Research Laboratory receives written                   SUMMARY:   The Department of Defense is
                                               ACTION:   Notice of Intent.                             objections including evidence and                      publishing the unclassified text of a
                                                                                                       argument that establish that the grant of              section 36(b)(1) arms sales notification.
                                               SUMMARY:   In compliance with 35 U.S.C.                 the license would not be consistent with               This is published to fulfill the
                                               209(e) and 37 CFR 404.7(a)(1)(i), the                   the requirements of 35 U.S.C. 209 and                  requirements of section 155 of Public
                                               Department of the Army hereby gives                     37 CFR 404.7. Competing applications                   Law 104–164 dated July 21, 1996.
                                               notice of its intent to grant to Schafer                completed and received by the U.S.                     FOR FURTHER INFORMATION CONTACT:
                                               Aerospace; a corporation having its                     Army Research Laboratory within                        Sarah A. Ragan or Heather N. Harwell,
                                               principle place of business at 2309                     fifteen (15) days from the date of this                DSCA/LMO, (703) 604–1546/(703) 607–
                                               Renard Place SE., Suite 300,                            published notice will also be treated as
                                                                                                                                                              5339.
                                               Albuquerque, NM 87106, exclusive                        objections to the grant of the
                                                                                                                                                                 The following is a copy of a letter to
                                               license in the field of fiber laser array               contemplated exclusive license.
                                                                                                          Objections submitted in response to                 the Speaker of the House of
                                               systems with specific application in the                                                                       Representatives, Transmittal 16–11 with
                                                                                                       this notice will not be made available to
                                                 1 The 60-day notice indicated that there were 105     the public for inspection and, to the                  attached Policy Justification.
                                               Swap Dealers and Major Swap Participants. There         extent permitted by law, will not be                     Dated: January 4, 2016.
                                               are 106 Swap Dealers and Major Swap Participants        released under the Freedom of                          Aaron Siegel,
                                               currently registered with the Commission.
                                                 2 The 60-day contained a typographical error,
                                                                                                       Information Act, 5 U.S.C. 552.                         Alternate OSD Federal Register Liaison
                                               providing for 253 estimated number of responses,        ADDRESSES: Send written objections to                  Officer, Department of Defense.
                                               instead of the correct figure of 252.                   U.S. Army Research Laboratory                          BILLING CODE 5001–06–P
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                                               760                                    Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices




                                               Transmittal No. 16–11                                             Major Defense Equipment (MDE):                         (v) Prior Related Cases, if any: FMS
                                               Notice of Proposed Issuance of Letter of                        Two-hundred and twenty (220) Javelin                   Case: LH–B–UAN–$9.6M–JAN 02, LH–
                                               Offer Pursuant to Section 36(b)(1) of the                       Missiles, Ten (10) Javelin Fly-to-Buy                  B–UAN, A06–$29.3M–SEP 14
                                               Arms Export Control Act, as amended                             Missiles, Seventy-four (74) Javelin                      (vi) Sales Commission, Fee, etc., Paid,
                                                                                                               Command Launch Units (CLU).                            Offered, or Agreed to be Paid: None
                                                  (i) Prospective Purchaser: Lithuania                           Also included are the following non-                   (vii) Sensitivity of Technology
                                                  (ii) Total Estimated Value:                                  MDE items; U.S. Government technical                   Contained in the Defense Article or
                                                                                                               assistance, above the line transportation
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                                               Major Defense Equipment*                     $45.2 million                                                             Defense Services Proposed to be Sold:
                                               Other ....................................   $9.8 million       cost, and other related elements of                    See Attached Annex.
                                                                                                               logistics and program support to include
                                                  Total .................................   $55.0 million                                                               (viii) Date Report Delivered to
                                                                                                               equipment purchased in prior related
                                                                                                                                                                      Congress: 18 DEC 2015
                                                 (iii) Description and Quantity or                             Foreign Military Sales cases. The
                                                                                                               estimated cost is $55 million.                           * as defined in Section 47(6) of the
                                               Quantities of Articles or Services under
                                                                                                                                                                      Arms Export Control Act.
                                               Consideration for Purchase:                                       (iv) Military Department: Army
                                                                                                                                                                                                                  EN07JA16.000</GPH>




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                                                                             Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices                                                       761

                                               POLICY JUSTIFICATION                                    system. Javelin uses fire-and-forget                   objectives outlined in the Policy
                                               Lithuania-Javelin Missile and Command                   technology which allows the gunner to                  Justification. Moreover, the benefits to
                                               Launch Units                                            fire and immediately relocate or take                  be derived from this sale, as outlined in
                                                                                                       cover. Other features include top attack               the Policy Justification, outweigh the
                                                  Lithuania has requested a possible                   and direct fire modes, an advanced                     potential damage that could result if the
                                               sale of two-hundred and twenty (220)                    tandem warhead and imaging infrared                    sensitive technology were revealed to
                                               Javelin Missiles, ten (10) Javelin Fly-to-              seeker, target lock-on before launch, and              unauthorized persons.
                                               Buy Missiles, seventy-four (74) Javelin                 soft launch from enclosures. The Javelin                  6. All defense articles and services
                                               Command Launch Units (CLU), U.S.                        missile also has a minimum smoke                       listed in this transmittal have been
                                               Government technical assistance, above                  motor thus decreasing its detection on                 authorized for release and export to the
                                               the line transportation cost, and other                 the battlefield. The Javelin Training                  Government of Lithuania.
                                               related elements of logistics and                       System consists of the following                       [FR Doc. 2016–00034 Filed 1–6–16; 8:45 am]
                                               program support. The total estimated                    training devices: The missile simulation               BILLING CODE 5001–06–C
                                               value of MDE is $45.2 million. The                      round, the basic skills trainer and the
                                               overall total estimated value is $55                    field tactical trainer, Javelin Weapon
                                               million.                                                Effects Simulator (JAVWES), and tripod.                DEPARTMENT OF DEFENSE
                                                  This proposed sale will contribute to                   2. The Javelin Weapon System
                                               the foreign policy and national security                comprises two major tactical                           Department of the Army, Corps of
                                               of the United States. The sale of Javelins              components, which include a reusable                   Engineers
                                               will provide additional opportunities                   Command Launch Unit (CLU) and a
                                               for bilateral engagements and greater                   round contained in a disposable launch                 Public Meetings and Public Hearings
                                               interoperability with U.S. and allied                   tube assembly. The CLU incorporates an                 Related to the Draft Environmental
                                               forces. Neighboring NATO Allies would                   integrated day-night sight that provides               Impact Statement for the Proposed
                                               view this procurement as a positive step                a target engagement capability in                      Donlin Gold Mine Project, North of
                                               towards ensuring regional stability. The                adverse weather and countermeasure                     Crooked Creek, Alaska
                                               proposed sale directly supports U.S.                    environments. The CLU may also be                      AGENCY: Department of the Army, U.S.
                                               national security interests by bolstering               used in a stand-alone mode for                         Army Corps of Engineers, DOD.
                                               the Lithuanian military’s ability to                    battlefield surveillance and target                    ACTION: Notice.
                                               effectively defend its border and                       detection. The CLU’s thermal sight is a
                                               effectively coordinate regional border                  second generation Forward-Looking                      SUMMARY:    The U.S. Army Corps of
                                               security with its Baltic neighbors.                     Infrared (FLIR) sensor operating in the                Engineers (USACE) is providing
                                                  The proposed sale of Javelins will                   8–10 micron wavelength and has a 240                   notification of public meetings to obtain
                                               provide Lithuania with increased                        X 2 scanning array with a Dewar-coolant                comment on the Draft EIS noted above
                                               capacity to meet its defensive needs.                   unit. To facilitate initial loading and                to facilitate compliance with, in part,
                                               Supporting the Lithuanian Land Force’s                  subsequent updating of software, all on-               the National Environmental Policy Act
                                               modernization also supports the fielding                board missile software is uploaded via                 of 1969. The Bureau of Land
                                               of forces better able to contribute to                  the CLU after mating and prior to                      Management (BLM) is providing
                                               NATO operations in the future.                          launch.                                                notification of Alaska National Interest
                                               Lithuania will have no difficulty                          3. The Javelin Missile System                       Lands Conservation Act (ANILCA)
                                               absorbing this equipment into its armed                 hardware and the documentation are                     Section 810 Hearings related to the
                                               forces.                                                 UNCLASSIFIED. The missile software                     preliminary ANILCA 810 Findings
                                                  The proposed sale of this equipment,                 which resides in the CLU is considered                 contained in the above Draft EIS.
                                               services, and support will not alter the                sensitive. The sensitivity is primarily in             Section 810 of the Alaska National
                                               basic military balance in the region.                   the software programs which instruct                   Interest Lands Conservation Act
                                                  The prime contractors will be                        the system how to operate in the                       requires the BLM to evaluate the effects
                                               Raytheon/Lockheed Martin Javelin Joint                  presence of countermeasures. Programs                  of plans presented in this Draft EIS on
                                               Venture of Orlando, Florida, and                        are contained in the system in the form                subsistence activities in the area of the
                                               Tucson, Arizona. There are no known                     of microprocessors with Read Only                      proposed action and its alternatives, and
                                               offset agreements proposed in                           Memory (ROM) maps, which do not                        to hold public hearings if it finds that
                                               connection with this potential sale.                    provide the software program itself. The               any alternative may significantly restrict
                                                  Implementation of this proposed sale                 overall hardware is considered sensitive               subsistence activities. The analysis of
                                               will not require the assignment of any                  in that the modulation frequency and                   environmental consequences indicates
                                               additional U.S. Government or                           infrared wavelengths could be used in                  the proposed action may significantly
                                               contractor representatives to Lithuania.                countermeasure development.                            restrict subsistence in some portions of
                                                  There will be no adverse impact on                      4. If a technologically advanced                    the proposed project area. Therefore, the
                                               U.S. defense readiness as a result of this              adversary were to obtain knowledge of                  BLM is holding public hearings on
                                               proposed sale.                                          the specific hardware and software                     potential subsistence impacts in
                                                                                                       elements, the information could be used                conjunction with the public meetings
                                               Transmittal No. 16–11
                                                                                                       to develop countermeasures that might                  discussed below. BLM’s preliminary
                                               Notice of Proposed Issuance of Letter of                reduce weapon system effectiveness or                  ANILCA 810 Findings are contained in
                                               Offer Pursuant to Section 36(b)(1) of the               be used in the development of a system                 Appendix N of the Draft EIS.
                                               Arms Export Control Act, as amended                     with similar or advanced capabilities.
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                                                                                                                                                              DATES: See SUPPLEMENTARY INFORMATION
                                               Annex                                                      5. A determination has been made
                                                                                                       that the recipient country can provide                 section for meeting dates.
                                               Item No. vii                                            the same degree of protection for the                  ADDRESSES: See SUPPLEMENTARY
                                                                                                       sensitive technology being released as                 INFORMATION section for meeting
                                                  (vii) Sensitivity of Technology:
                                                  1. The Javelin Weapon System is a                    the U.S. Government. This sale is                      locations.
                                               medium-range, man-portable, shoulder-                   necessary in furtherance of the U.S.                   FOR FURTHER INFORMATION CONTACT: Mr.
                                               launched, fire-and-forget, anti-armor                   foreign policy and national security                   Keith Gordon, Project Manager, U.S.


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Document Created: 2016-01-07 00:13:05
Document Modified: 2016-01-07 00:13:05
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 759 

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