81 FR 90339 - 36(b)(1) Arms Sales Notification
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 81, Issue 240 (December 14, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 240 (December 14, 2016)
| Page Range | 90339-90341 | |
| FR Document | 2016-29962 |
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)] [Notices] [Pages 90339-90341] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29962] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 16-54] 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 16-54 with attached Policy Justification and Sensitivity of Technology. Dated: December 9, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [[Page 90340]] [GRAPHIC] [TIFF OMITTED] TN14DE16.021 Transmittal No. 16-54 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: Government of Australia (ii) Total Estimated Value: Major Defense Equipment (MDE) *......... $0.00 million Basic Case (GUW)........................ $79.07 million Amendment Funding....................... $35.93 million ------------------------------- TOTAL................................. $115.00 million (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: Non-MDE: FMS case AT-P-GUW, originally offered below congressional notification threshold at $79.07 million, was for acquisition of two Range Systems to conduct Electronic Warfare (EW), Electronic Surveillance, and Airborne Electronic Attack for Royal Australian Air Force aircrew training on its twelve (12) Australian EA-18G aircraft. An amendment to AT-P-GUW is required to add $35.93 million in funding, to provide for unfunded requirements to meet the scope of the basic case and provide for the sale of additional classified technical data and software, system integration and testing, tools and test equipment, support equipment, spare and repair parts, publications, operations manuals, and [[Page 90341]] technical documents, personnel training, U.S. Government and contractor technical assistance, and other related elements of engineering, logistics, and program management. This amendment will push the original case value above notification threshold and thus requires notification of the entire case. (iv) Military Department: Navy (AT-P-GUW-A1) (v) Prior Related Cases, if any: FMS case AT-P-LEN: $992M September 13, 2012 (Airborne Electronic Attack Kits) FMS case AT-P-SCI $1.3B July 4, 2013 (twelve EA-18G aircrafts) FMS case AT-P-GUW $79M February 12, 2015 (Electronic Warfare Range System) (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: December 2, 2016 * as defined in Section 47(6) of the Arms Export Control Act. POLICY JUSTIFICATION Government of Australia--AEA-18G Electronic Warfare Range System The Government of Australia has requested additional funding to a previously implemented case for two Electronic Warfare Range Systems to conduct Electronic Warfare and Electronic Surveillance training within the borders of Australia. The original FMS case, valued at $79.07 million, includes non-MDE costs for all support elements required to provide for system integration testing, tools and test equipment, support equipment, spare and repair parts, publications, operations manuals, technical documents, personnel training, U.S. Government and contractor technical assistance, and other related elements of logistics and program support. The addition of $35.93 million in non- MDE funding to the basic case will provide for unfunded requirements to meet the scope of the basic case and provide for the sale of additional classified technical data and software, system integration and testing, tools and test equipment, support equipment, spare and repair parts, publications, operations manuals, and technical documents, personnel training, U.S. Government and contractor technical assistance, and other related elements of engineering, logistics, and program management. This amendment will push the original case value above notification threshold and thus requires notification of the entire case. The total overall estimated value is $115 million. This sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a major contributor to political stability, security, and economic development in the Western Pacific. Australia is an important Major non-NATO Ally and partner that contributes significantly to peacekeeping and humanitarian operations around the world. It is vital to the U.S. national interest to assist our ally in developing and maintaining a strong and ready self-defense capability. By enabling Australian Defense Force (ADF) ranges, the U.S. Government will ensure consistency in training across platforms and theaters, whether the exercises are conducted in the United State or in Australia, where U.S. aircrews will be able to participate in training exercises alongside their Australian counterparts. The proposed sale will allow continued efforts to improve Australia's capability in current and future coalition operations. Australia will use the range to enhance Electronic Warfare capabilities as a deterrent to regional threats and to strengthen its homeland defense. Australia will have no difficulty absorbing these items into its armed forces. The proposed sale will not alter the basic military balance in the region. The prime contractors will be Leidos (hardware) and General Dynamics Mission Systems (software). The U.S. Government is not aware of any known offsets associated with this sale. Implementation of this sale will require ten (10) temporary U.S. Government or contractor representatives to Australia for assistance in integration and range operational and maintenance training. There will be no adverse impact on U.S. defense readiness as a result of this proposed amendment. Transmittal No. 16-54 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. Provides two (2) in-country Electronic Warfare (EW) ranges for EA-18G aircrew training to detect, identify, locate, and suppress hostile emitters. Range technology transfers programmable equipment able to emulate generic Integrated Air Defense Systems, threat and other emitters, along with authentic threat emitters purchased from vendors in Former Soviet Block states. The range hardware is Unclassified either stand-alone or integrated. The range software is unclassified with the exception of one (1) Secret Digital Integrated Air Defense System (DIADS) software suite. The amendment facilitates transfer of classified information such as software, classified threat and fly-out models, user event captured data, range operations manuals, and security classification guidance. The classified information enhances the usefulness of the range technology being transferred and provides guidance on safeguarding sensitive information. 2. When EW range hardware and software work together against a particular aircraft platform, the visual and recorded information becomes classified Secret. The range capability is unclassified until the networks touch a Secret network (e.g., Link 16) or perform against real world training missions. The customer may capture intelligence regarding the authentic threat emitters that is classified Confidential or Secret, as well as other training artifacts and debrief products capturing weapons capability and tactics. 3. 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 EA-18G weapon system effectiveness or be used in the development of a system with similar or advanced capabilities. 4. All defense articles and services listed in this transmittal are authorized for release and export to the Government of Australia. [FR Doc. 2016-29962 Filed 12-13-16; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices 90339
• Mail: Department of Defense, Office Needs and Uses: The information distributed electronically via a Web-
of the Deputy Chief Management collection requirement is necessary as a based commercial survey tool.
Officer, Directorate for Oversight and result of Executive Order 12829, Dated: December 9, 2016.
Compliance, 4800 Mark Center Drive, ‘‘National Industrial Security Program,’’ Aaron Siegel,
Mailbox #24, Alexandria, VA 22350– which requires the Department of
Alternate OSD Federal Register Liaison
1700. Defense to account each year for the
Officer, Department of Defense.
Instructions: All submissions received costs associated with implementation of
[FR Doc. 2016–30023 Filed 12–13–16; 8:45 am]
must include the agency name, docket the National Industrial Security Program
and report those costs to the Director of BILLING CODE 5001–06–P
number and title for this Federal
Register document. The general policy the Information Security Oversight
for comments and other submissions Office (ISOO).
Affected Public: Business or other for DEPARTMENT OF DEFENSE
from members of the public is to make
these submissions available for public profit; Not-for-profit institutions.
Annual Burden Hours: 507. Office of the Secretary
viewing on the Internet at http:// Number of Respondents: 1,014.
www.regulations.gov as they are Responses per Respondent: 1. [Transmittal No. 16–54]
received without change, including any Annual Responses: 1,014.
personal identifiers or contact Average Burden per Response: 30 36(b)(1) Arms Sales Notification
information. minutes.
Any associated form(s) for this Frequency: Annually. AGENCY: Defense Security Cooperation
collection may be located within this Collection of this data is required to Agency, Department of Defense.
same electronic docket and downloaded comply with the reporting requirements
for review/testing. Follow the of Executive Order 12829, ‘‘National ACTION: Notice.
instructions at http:// Industrial Security Program.’’ This
www.regulations.gov for submitting collection of information requests the SUMMARY: The Department of Defense is
comments. Please submit comments on assistance of the Facility Security publishing the unclassified text of a
any given form identified by docket Officer to provide estimates of annual section 36(b)(1) arms sales notification.
number, form number, and title. security labor cost in burdened, current This is published to fulfill the
FOR FURTHER INFORMATION CONTACT: To year dollars and the estimated requirements of section 155 of Public
request more information on this percentage of security labor dollars to Law 104–164 dated July 21, 1996.
proposed information collection or to the total security costs for the facility. FOR FURTHER INFORMATION CONTACT: Pam
obtain a copy of the proposal and Security labor is defined as personnel Young, DSCA/SE&E–RAN, (703) 697–
associated collection instruments, whose positions exist to support 9107.
please write to the Defense Security operations and staff in the
Service, ATTN: Mr. Corey Beckett, Chief implementation of government security The following is a copy of a letter to
Finanical Officer, 27130 Telegraph requirements for the protect ion of the Speaker of the House of
Road, Quantico, VA 22134. classified information. Guards who are Representatives, Transmittal 16–54 with
required as supplemental controls are attached Policy Justification and
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB included in security labor. This data Sensitivity of Technology.
Number: National Industrial Security will be incorporated into a report Dated: December 9, 2016.
Program Cost Collection Survey; DSS produced to ISOO for the estimated cost Aaron Siegel,
Form 232; OMB Control Number 0704– of securing classified information Alternate OSD Federal Register Liaison
0458. within industry. The survey will be Officer, Department of Defense.
sradovich on DSK3GMQ082PROD with NOTICES
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![Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices 90341
technical documents, personnel notification threshold and thus requires along with authentic threat emitters
training, U.S. Government and notification of the entire case. The total purchased from vendors in Former
contractor technical assistance, and overall estimated value is $115 million. Soviet Block states. The range hardware
other related elements of engineering, This sale will contribute to the foreign is Unclassified either stand-alone or
logistics, and program management. policy and national security of the integrated. The range software is
This amendment will push the original United States by helping to improve the unclassified with the exception of one
case value above notification threshold security of a major contributor to (1) Secret Digital Integrated Air Defense
and thus requires notification of the political stability, security, and System (DIADS) software suite. The
entire case. economic development in the Western amendment facilitates transfer of
(iv) Military Department: Navy (AT– Pacific. Australia is an important Major classified information such as software,
P–GUW–A1) non-NATO Ally and partner that classified threat and fly-out models,
(v) Prior Related Cases, if any: contributes significantly to user event captured data, range
FMS case AT–P–LEN: $992M peacekeeping and humanitarian operations manuals, and security
September 13, 2012 (Airborne operations around the world. It is vital classification guidance. The classified
Electronic Attack Kits) to the U.S. national interest to assist our information enhances the usefulness of
FMS case AT–P–SCI $1.3B July 4, 2013 ally in developing and maintaining a the range technology being transferred
(twelve EA–18G aircrafts) strong and ready self-defense capability. and provides guidance on safeguarding
FMS case AT–P–GUW $79M February By enabling Australian Defense Force sensitive information.
12, 2015 (Electronic Warfare Range (ADF) ranges, the U.S. Government will 2. When EW range hardware and
System) ensure consistency in training across software work together against a
(vi) Sales Commission, Fee, etc., Paid, platforms and theaters, whether the particular aircraft platform, the visual
Offered, or Agreed to be Paid: None exercises are conducted in the United and recorded information becomes
(vii) Sensitivity of Technology State or in Australia, where U.S. classified Secret. The range capability is
Contained in the Defense Article or aircrews will be able to participate in unclassified until the networks touch a
Defense Services Proposed to be Sold: training exercises alongside their Secret network (e.g., Link 16) or perform
See Attached Annex Australian counterparts. against real world training missions.
(viii) Date Report Delivered to The proposed sale will allow The customer may capture intelligence
Congress: December 2, 2016 continued efforts to improve Australia’s regarding the authentic threat emitters
* as defined in Section 47(6) of the capability in current and future that is classified Confidential or Secret,
Arms Export Control Act. coalition operations. Australia will use as well as other training artifacts and
the range to enhance Electronic Warfare debrief products capturing weapons
POLICY JUSTIFICATION capabilities as a deterrent to regional capability and tactics.
Government of Australia—AEA–18G threats and to strengthen its homeland 3. If a technologically advanced
Electronic Warfare Range System defense. Australia will have no adversary were to obtain knowledge of
difficulty absorbing these items into its the specific hardware and software
The Government of Australia has
armed forces. elements, the information could be used
requested additional funding to a The proposed sale will not alter the
previously implemented case for two to develop countermeasures that might
basic military balance in the region. reduce EA–18G weapon system
Electronic Warfare Range Systems to The prime contractors will be Leidos
conduct Electronic Warfare and effectiveness or be used in the
(hardware) and General Dynamics
Electronic Surveillance training within development of a system with similar or
Mission Systems (software). The U.S.
the borders of Australia. The original advanced capabilities.
Government is not aware of any known
FMS case, valued at $79.07 million, 4. All defense articles and services
offsets associated with this sale.
includes non-MDE costs for all support listed in this transmittal are authorized
Implementation of this sale will
elements required to provide for system for release and export to the
require ten (10) temporary U.S.
integration testing, tools and test Government of Australia.
Government or contractor
equipment, support equipment, spare representatives to Australia for [FR Doc. 2016–29962 Filed 12–13–16; 8:45 am]
and repair parts, publications, assistance in integration and range BILLING CODE 5001–06–P
operations manuals, technical operational and maintenance training.
documents, personnel training, U.S. There will be no adverse impact on
Government and contractor technical U.S. defense readiness as a result of this DEPARTMENT OF DEFENSE
assistance, and other related elements of proposed amendment.
logistics and program support. The Office of the Secretary
addition of $35.93 million in non-MDE Transmittal No. 16–54
Judicial Proceedings Since Fiscal Year
funding to the basic case will provide Notice of Proposed Issuance of Letter of
2012 Amendments Panel (Judicial
for unfunded requirements to meet the Offer Pursuant to Section 36(b)(1) of the
Proceedings Panel); Notice of Federal
scope of the basic case and provide for Arms Export Control Act
Advisory Committee Meeting
the sale of additional classified Annex
technical data and software, system AGENCY: Department of Defense.
integration and testing, tools and test Item No. vii
ACTION: Notice of meeting.
equipment, support equipment, spare (vii) Sensitivity of Technology
and repair parts, publications, 1. Provides two (2) in-country SUMMARY: The Department of Defense is
sradovich on DSK3GMQ082PROD with NOTICES
operations manuals, and technical Electronic Warfare (EW) ranges for EA– publishing this notice to announce the
documents, personnel training, U.S. 18G aircrew training to detect, identify, following Federal Advisory Committee
Government and contractor technical locate, and suppress hostile emitters. meeting of the Judicial Proceedings
assistance, and other related elements of Range technology transfers Since Fiscal Year 2012 Amendments
engineering, logistics, and program programmable equipment able to Panel (‘‘the Judicial Proceedings Panel’’
management. This amendment will emulate generic Integrated Air Defense or ‘‘the Panel’’). The meeting is open to
push the original case value above Systems, threat and other emitters, the public.
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Document Created: 2016-12-14 00:48:17
Document Modified: 2016-12-14 00:48:17
| 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 90339 |
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