81 FR 88668 - 36(b)(1) Arms Sales Notification
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 81, Issue 236 (December 8, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 236 (December 8, 2016)
| Page Range | 88668-88671 | |
| FR Document | 2016-29393 |
[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)] [Notices] [Pages 88668-88671] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29393] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 16-53] 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: Pam Young, DSCA/SE&E-RAN, (703) 697- 9107. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-53 with attached Policy Justification and Sensitivity of Technology. Dated: December 2, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [[Page 88669]] [GRAPHIC] [TIFF OMITTED] TN08DE16.001 Transmittal No. 16-53 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: United Kingdom. (ii) Total Estimated Value: Major Defense Equipment *............... $780 million Other................................... $220 million ------------------------------- TOTAL................................. $1.00 billion (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: Major Defense Equipment (MDE): Twenty-six (26) Certifiable Predator B Remotely Piloted Aircraft (16 with option for additional 10) Twelve (12) Advanced Ground Control Stations (GCSs) (8 with option for additional 4) Four (4) New Launch and Recovery Element GCSs Four (4) Upgrades to existing Blk 15 Launch and Recovery Element GCSs (2 with option for additional 2) Twenty-five (25) Multi-spectral Targeting Systems (12 + 2 spares, with option for additional 10 + 1 spare) Twenty-five (25) AN/APY-8 Lynx IIe Block 20A Synthetic Aperture Radar and Ground Moving Target Indicators (SAR/GMTI) (12 + 2 spares, with option for additional 10 + 1 spare) Eighty-six (86) Embedded Global Positioning System/Inertial Guidance Units (EGIs) (3 per aircraft) (48 + 5 spares, with option for additional 30 + 3 spares) Non-MDE include: Non-MDE items include: communications equipment, Identification Friend or Foe (IFF) equipment, weapons installation kits, and TPE331- 10YGD engines. In addition, the package provides a unique and common spares package, support equipment, U.S. Air Force technical orders, country specific technical [[Page 88670]] orders, Contractor Logistics Support for two (optional three) years, contractor provided aircraft components, spares, and accessories, training, and other related elements of logistical and program support. (iv) Military Department: Air Force (X6-D-SAC). (v) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None. (vi) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Annex Attached. (vii) Date Report Delivered to Congress: November 16, 2016. * as defined in Section 47(6) of the Arms Export Control Act. POLICY JUSTIFICATION United Kingdom--Certifiable Predator B Remotely Piloted Aircraft The United Kingdom (UK) requested a possible sale of up to twenty- six (26) Certifiable Predator B Remotely Piloted Aircraft (16 with option for additional 10); twelve (12) Advanced Ground Control Stations (GCSs) (8 with option for additional 4); four (4) New Launch and Recovery Element GCSs; four (4) Upgrades to existing Blk 15 Launch and Recovery Element GCSs (2 with option for additional 2); twenty-five (25) Multi-spectral Targeting Systems (12 + 2 spares, with option for additional 10 + 1 spare); twenty-five (25) AN/APY-8 Lynx IIe Block 20A Synthetic Aperture Radar and Ground Moving Target Indicators (SAR/GMTI) (12+ 2 spares, with option for additional 10 + 1 spare); Eighty-six (86) Embedded Global Positioning System/Inertial Guidance Units (EGIs) (3 per aircraft) (48 + 5 spares, with option for additional 30 + 3 spares). This sale also includes communications equipment, Identification Friend or Foe (IFF) equipment; weapons installation kits; TPE331-10YGD engines; unique and common spares package; support equipment; U.S. Air Force technical orders; country specific technical orders; Contractor Logistics Support for two (optional three) years; contractor provided aircraft components, spares, and accessories; personnel training; and other related elements of logistical and program support. The total estimated program cost is $1.0 billion. The UK is a close ally and an important partner on critical foreign policy and defense issues. The proposed sale will enhance U.S. foreign policy and national security objectives by enhancing the UK's capabilities to provide national defense and contribute to NATO and coalition operations. This sale will improve the UK's ability to meet current and future threats by providing improved Intelligence, Surveillance and Reconnaissance (ISR) coverage that enhances homeland security, promotes increased battlefield situational awareness, augments combat search and rescue, and provides ground troop support. The Certifiable Predator B will also be used to support the UK's armed forces and coalition forces engaged in current and future peacekeeping, peace-enforcing, counter- insurgent, and counterterrorism operations. The UK already operates armed remotely piloted aircraft, the MQ-9 Reaper, and will have no difficulty transitioning to the Certifiable Predator B. The proposed sale of this equipment and support will not alter the basic military balance in the region. The principal contractors will be General Atomics Aeronautical Systems, Inc. in San Diego, California. 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 the UK. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. Transmittal No. 16-53 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii (vii) Sensitivity of Technology: 1. The Certifiable Predator B (CPB) Remotely Piloted Aircraft (RPA) is a weapons-capable aircraft designed for medium to high altitude-long endurance Intelligence, Surveillance and Reconnaissance (ISR), Target Acquisition, and Strike missions. Protector (formerly known as Scavenger) represents the CPB as modified to a UK-specific configuration which includes the design, development and integration of a UK-specific weapons installation kit for employment of UK-produced weapons (Paveway IV and Brimstone II). Building upon the legacy of Predator B's proven success, CPB/Protector provides up to 40 hours endurance, speeds up to 220 knots true air speed (KTAS) and a maximum altitude of 45,000 feet. The system is designed to be controlled by two operators within an Advanced Ground Control Station (AGCS). The AGCS is designed to emulate a reconnaissance aircraft cockpit, giving users extensive means to operate both the aircraft and sensors. CPB/Protector is able to operate using a direct Line-of-Sight (LOS) datalink or can be operated Beyond Line-of-Sight (BLOS) using satellite communications (SATCOM). The design enables unmanned aerial vehicle (UAV) control to be handed off between multiple AGCSs thus allowing remote-split operations and centralized mission control with other assets. The CPB/ Protector system can be deployed from a single site that supports launch, recovery, mission control, and maintenance. The system also supports remote-split operations where launch, recovery, and maintenance occur at a Forward Operating Base and mission control is conducted from another geographically separated location, or Main Operating Base (MOB). 2. The United Kingdom CPB/Protector system includes the following components. a. A secure Advanced CGCS with workstations that allow operators to control and monitor the aircraft, as well as record and exploit downlinked payload data. b. The unclassified General Atomics AN/APY-8 Block 20 Lynx Ile Synthetic Aperture Radar and Ground Moving Target Indicator (SAR/GMTI) system provides an all-weather surveillance, tracking and targeting capability. The AN/APY-8 Block 20 operates in the Ku band, using an offset-fed dish antenna mounted on a three-axis stabilized gimbal. It has a large field of regard, produces a strip map and can image up to a l0km wide swath. Swaths from multiple passes can be combined for wide- area surveillance. c. The Raytheon Multi-spectral Targeting System with Laser Target Designator (LTD) and multi-use Electro-Optical (EO)/lnfra-Red (IR) sensor provides long-range surveillance, high-altitude target acquisition, tracking, and range-finding with capabilities up to and including high definition color TV, high definition short-wave IR, medium-wave IR, and long wave IR sensors. d. The weapons installation kit enables the integration of UK- produced munitions (Paveway IV and Brimstone II) onto the Protector platform. The integration of these munitions requires specialized non- recurring engineering work which will be performed by the platform OEM in the United States. 3. If a technologically advanced adversary were to obtain knowledge of the specific hardware or software in this proposed sale, any information gleaned from exploitation of hardware, publications and software could be used to develop countermeasures (electronic, infrared, or other types) as well as offensive and defensive counter- tactics and allow an adversary to exploit those vulnerabilities during combat. [[Page 88671]] 4. 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 US Government. This sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification. 5. All defense articles and services listed in this transmittal have been authorized for release and export to the United Kingdom. [FR Doc. 2016-29393 Filed 12-7-16; 8:45 am] BILLING CODE 5001-06-P
![88668 Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices
directional protection. The UVMWS 2. If a technologically advanced DEPARTMENT OF DEFENSE
detects the rocket plume of missiles and adversary were to obtain knowledge of
sends appropriate data signals to the the specific hardware and software Office of the Secretary
LSPR for processing. The LSPR analyzes elements, the information could be used [Transmittal No. 16–53]
the data from each UVMWS Sensor and to develop countermeasures or
automatically deploys the appropriate equivalent systems which might reduce 36(b)(1) Arms Sales Notification
countermeasure via the GLTA. The system effectiveness or be used in the
CIUR displays the incoming threat. development of a system with similar or AGENCY: Defense Security Cooperation
advanced capabilities. Agency, Department of Defense.
b. The AN/AAR–54 UVMWS Sensor
warns of threat missile approach by ACTION: Notice.
3. This sale is necessary in
detecting radiation associated with the furtherance of the U.S. foreign policy SUMMARY: The Department of Defense is
rocket motor. The AN/AAR–54 is a and national security objectives publishing the unclassified text of a
small, lightweight, passive, electro- outlined in the Policy justification. section 36(b)(1) arms sales notification.
optic, threat warning device used to Moreover, the benefits to be derived This is published to fulfill the
detect surface-to-air missiles fired at from this sale, as outlined in the Policy requirements of section 155 of Public
helicopters and low-flying fixed-wing Justification, outweigh the potential Law 104–164 dated July 21, 1996.
aircraft and automatically provide
damage that could result if the sensitive FOR FURTHER INFORMATION CONTACT: Pam
countermeasures, as well as audio and
technology were revealed to Young, DSCA/SE&E–RAN, (703) 697–
visual warning messages to the aircrew.
The basic system consists of multiple unauthorized persons. 9107.
UVMWS Sensor units, three (3) GLTAs, 4. All defense articles and services The following is a copy of a letter to
a LSPR, and a CIUR. The set of UVMWS listed in this transmittal are authorized the Speaker of the House of
units (each A–330 MRTT has six (6)) are for release and export to the Representatives, Transmittal 16–53 with
mounted on the aircraft exterior to Government of the Republic of Korea. attached Policy Justification and
provide omni-directional protection. Sensitivity of Technology.
[FR Doc. 2016–29392 Filed 12–7–16; 8:45 am]
Hardware is UNCLASSIFIED. Software Dated: December 2, 2016.
BILLING CODE 5001–06–P
is SECRET. Technical data and Aaron Siegel,
documentation to be provided are Alternate OSD Federal Register Liaison
UNCLASSIFIED. Officer, Department of Defense.
sradovich on DSK3GMQ082PROD with NOTICES
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![Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices 88671
4. A determination has been made (a) The Discussion immediately after Dated: December 2, 2016.
that the recipient country can provide paragraph 60.c.(6)(a) is amended to read Aaron Siegel,
substantially the same degree of as follows: Alternate OSD Federal Register Liaison
protection for the sensitive technology ‘‘Clauses 1 and 2 are theories of Officer, Department of Defense.
being released as the US Government. liability that must be expressly alleged [FR Doc. 2016–29384 Filed 12–7–16; 8:45 am]
This sale is necessary in furtherance of in a specification so that the accused BILLING CODE 5001–06–P
the U.S. foreign policy and national will be given notice as to which clause
security objectives outlined in the or clauses to defend against. The words
Policy Justification. ‘‘to the prejudice of good order and ELECTION ASSISTANCE COMMISSION
5. All defense articles and services discipline in the armed forces’’
listed in this transmittal have been encompass both paragraph c.(2)(a), Sunshine Act Notice of Public Meeting
authorized for release and export to the prejudice to good order and discipline, Agenda
United Kingdom. and paragraph c.(2)(b), breach of custom DATE AND TIME: Thursday, December 15,
[FR Doc. 2016–29393 Filed 12–7–16; 8:45 am] of the Service. A generic sample 2016 (10:30 a.m.–1:00 p.m.—EDT).
BILLING CODE 5001–06–P specification is provided below:
PLACE: 1335 East West Highway (First
In that llll (personal jurisdiction Floor Conference Room) Silver Spring,
data), did (at/on board location), on or about MD 20910.
DEPARTMENT OF DEFENSE llll 20ll, (commit elements of Article AGENDA: Commissioners will meet to
134 clause 1 or 2 offense), and that said
Office of the Secretary provide an initial de-brief on the 2016
conduct (was to the prejudice of good order
[Docket ID: DOD–2016–OS–0110] and discipline in the armed forces) (and)
election and to celebrate the 10th
(was of a nature to bring discredit upon the anniversary of the EAC’s Testing and
Manual for Courts-Martial; Publication armed forces). Certification Program. Commissioners
of Supplementary Materials will discuss the 2016 election with a
If clauses 1 and 2 are alleged together panel of state and local election
AGENCY: Joint Service Committee on in the terminal element, the word ‘‘and’’ administrators, and a panel representing
Military Justice (JSC), Department of should be used to separate them. Any the perspectives of military and
Defense. clause not proven beyond a reasonable overseas voters, voters with disabilities
ACTION: Publication of Discussion doubt should be excepted from the and other election administration
(Supplementary Materials) specification at findings. See R.C.M. interest groups. Commissioners will
accompanying the Manual for Courts- 918(a)(1). See also Appendix 23 of this hear from a panel to discuss the past ten
Martial, United States (2012 ed.) (MCM). Manual, Art. 79. Although using the years of EAC Testing and Certification
conjunctive ‘‘and’’ to connect the two of voting systems. Voting system
SUMMARY: The JSC hereby publishes theories of liability is recommended, a manufacturers will discuss the
Supplementary Materials accompanying specification connecting the two evolution of the program from their
the MCM as amended by Executive theories with the disjunctive ‘‘or’’ is perspective; a state certification official
Orders 13643, 13669, 13696, 13730, and sufficient to provide the accused will provide insight into how EAC
13740. These changes have not been reasonable notice of the charge against certification assists the states in their
coordinated within the Department of him. See Appendix 23 of this Manual, unique certification roles, and EAC
Defense under DoD Directive 5500.1, Art. 134. program staff will provide their
‘‘Preparation, Processing and thoughts on ten years in the certification
Coordinating Legislation, Executive Lesser included offenses are defined
and explained under Article 79; business.
Orders, Proclamations, Views Letters STATUS: This meeting will be open to the
and Testimony,’’ June 15, 2007, and do however, in 2010, the Court of Appeals
for the Armed Forces examined Article public.
not constitute the official position of the
79 and clarified the legal test for lesser PERSON TO CONTACT FOR INFORMATION:
Department of Defense, the Military
Departments, or any other Government included offenses. See United States v. Bryan Whitener, Telephone: (301) 563–
agency. These Supplementary Materials Jones, 68 M.J. 465 (C.A.A.F. 2010). 3961.
have been approved by the JSC and the Under Jones, an offense under Article 79 Bryan Whitener,
General Counsel of the Department of is ‘‘necessarily included’’ in the offense Director of Communications and
Defense, and shall be applied in charged only if the elements of the Clearinghouse, U.S. Election Assistance
conjunction with the rule with which lesser offense are a subset of the Commission.
they are associated. The Discussion is elements of the greater offense alleged. [FR Doc. 2016–29592 Filed 12–6–16; 4:15 pm]
effective insofar as the Rules it 68 M.J. at 472; see also discussion BILLING CODE 6820–KF–P
supplements are effective, but may not following paragraph 3b(1)(c) in this part
be applied earlier than the date of and the related analysis in Appendix 23
publication in the Federal Register. of this Manual. Practitioners should
DEPARTMENT OF ENERGY
carefully consider lesser included
DATES: This Discussion is effective as of
offenses using the elements test in Federal Energy Regulatory
December 8, 2016.
conformity with Jones. See paragraph Commission
FOR FURTHER INFORMATION CONTACT: 3b(4) in Appendix 23 of this Manual. If
Major Harlye S.M. Carlton, USMC, (703) it is uncertain whether an Article 134 [Docket No. ER17–423–000]
sradovich on DSK3GMQ082PROD with NOTICES
963–9299 or harlye.carlton@usmc.mil. offense is included within a charged
The JSC Web site is located at: http:// Rubicon NYP Corp; Supplemental
offense, the government may plead in
jsc.defense.gov. Notice That Initial Market-Based Rate
the alternative or, with the consent of
Filing Includes Request for Blanket
SUPPLEMENTARY INFORMATION: The the accused, the government may
Section 204 Authorization
Discussion to Part IV of the Manual for amend the charge sheet. Jones, 68 M.J.
Courts-Martial, United States, is at 472–73 (referring to R.C.M. 603(d) for This is a supplemental notice in the
amended as follows: amending a charge sheet).’’ above-referenced proceeding of Rubicon
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Document Created: 2016-12-08 00:27:04
Document Modified: 2016-12-08 00:27:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Pam Young, DSCA/SE&E-RAN, (703) 697- 9107. | |
| FR Citation | 81 FR 88668 |
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