81_FR_91390 81 FR 91148 - 36(b)(1) Arms Sales Notification

81 FR 91148 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range91148-91150
FR Document2016-30229

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 242 (Friday, December 16, 2016)
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91148-91150]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30229]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-52]


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/SA&E-RAN, (703) 697-
9107.
    The following is a copy of a letter to the Speaker of the House of 
Representatives,
    Transmittal 16-52 with attached Policy Justification and 
Sensitivity of Technology.

    Dated: December 12, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-P

[[Page 91149]]

[GRAPHIC] [TIFF OMITTED] TN16DE16.039

BILLING CODE 5001-06-C
Transmittal No. 16-52
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: Kingdom of Morocco.
    (ii) Total Estimated Value:

Major Defense Equipment *...............  $101 million
Other...................................  $ 7 million
                                         -------------------------------
  TOTAL.................................  $108 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE):
One thousand two-hundred (1,200) TOW 2A, Radio Frequency (RF) Missiles 
(BGM-71-4B-RF)
Fourteen (14) TOW 2A, Radio Frequency (RF) Missiles (Fly-to-Buy Lot 
Acceptance Missiles)

    Non-MDE includes:
    U.S. Government and contractor engineering; technical and logistics 
support services; and other related elements of logistics and program 
support.
    (iv) Military Department: Army (VTG).
    (v) Prior Related Cases, if any: MO-B-USZ for $137,034.913 signed 
on 4 May 2016.
    (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.

[[Page 91150]]

    (viii) Date Report Delivered to Congress: December 7, 2016.

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

POLICY JUSTIFICATION

Government of Morocco--Radio Frequency (RF) TOW 2A, Radio Frequency 
(RF) Missile (BGM-71-4B-RF and Support)

    The Government of Morocco has requested a possible sale of one 
thousand two-hundred (1,200) TOW 2A, Radio Frequency (RF) Missiles 
(BGM-71-4B-RF) and fourteen (14) TOW 2A, Radio Frequency (RF) Missiles 
(Fly-to-Buy Lot Acceptance Missiles). Also included with this request 
is U.S. Government and contractor engineering, technical and logistics 
support services; and other related elements of logistics and program 
support. The estimated MDE sale is $101 million. The total estimated 
value is $108 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 Major Non-NATO Ally that continues to be an important 
force for the political stability and economic progress in North 
Africa. This proposed sale directly supports Morocco and serves the 
interests of the Moroccan people and the United States.
    The proposed sale of TOW 2A Missiles and technical support will 
advance Morocco's efforts to develop an integrated ground defense 
capability. Morocco will have no difficulty absorbing this equipment 
into its armed forces.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    The principal contractors involved in this program are: 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 Morocco.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-52
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) TOW 2A Missile (BGM-71E-4B-RF) is 
designed to defeat armored vehicles, reinforced urban structures, field 
fortifications and other such targets. TOW missiles are fired from a 
variety of TOW launchers in the U .S. Army, USMC, and FMS customer 
forces. The TOW 2A RF missile can be launched from the same launcher 
platforms as the existing wire-guided TOW 2A missile without 
modification to the launcher. The TOW 2A missile (both wire & RF) 
contains two trackers for the launcher to track and guide the missile 
in flight. Guidance commands from the launcher are provided to the 
missile by a RF link contained within the missile case. The hardware, 
software, and technical publications provided with the sale thereof are 
UNCLASSIFIED. However, the system itself contains sensitive technology 
that instructs the system on how to operate in the presence of 
countermeasures.
    2. The highest level of classified information that must be 
disclosed in training to use the end item is UNCLASSIFIED. The highest 
level of classified information that must be disclosed in maintenance 
of the end item is UNCLASSIFIED. The highest level of classified 
information that could be disclosed by sale of the end item is SECRET. 
The highest level of classified information that could be revealed by 
testing the end item is SECRET. The highest level of classified 
information that could be revealed by reverse engineering of the end 
item is SECRET.
    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 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 
have been authorized for release and export to the Government of 
Morocco.

[FR Doc. 2016-30229 Filed 12-15-16; 8:45 am]
 BILLING CODE 5001-06-P



                                                  91148                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  SUPPLEMENTARY INFORMATION:      This                    osd.pentagon.ousd-p-r.mbx.family-                     DEPARTMENT OF DEFENSE
                                                  meeting is being held under the                         readiness-council@mail.mil, no later
                                                  provisions of the Federal Advisory                      than 5:00 p.m., on Thursday, January                  Office of the Secretary
                                                  Committee Act of 1972 (5 U.S.C.                         12, 2017.
                                                  Appendix, as amended), the                                                                                    [Transmittal No. 16–52]
                                                                                                            The purpose of this meeting is to
                                                  Government in the Sunshine Act of                                                                             36(b)(1) Arms Sales Notification
                                                                                                          receive information related to programs
                                                  1976 (5 U.S.C. 552b, as amended), and
                                                  41 CFR 102–3.150.                                       and services for DoD Family Members
                                                                                                                                                                AGENCY: Defense Security Cooperation
                                                    Pursuant to 5 U.S.C. 552b and 41 CFR                  with Special Needs, including                         Agency, Department of Defense.
                                                  102–3.140 through 102–3.165, this                       healthcare and the Exceptional Family
                                                                                                                                                                ACTION: Notice.
                                                  meeting is open to the public, subject to               Member Program.
                                                  the availability of space. Members of the               Thursday, January 26, 2017 Meeting                    SUMMARY:   The Department of Defense is
                                                  public who are entering the Pentagon                    Agenda                                                publishing the unclassified text of a
                                                  should arrive at the visitors’ center next                                                                    section 36(b)(1) arms sales notification.
                                                  to the Metro entrance 30 minutes before                 Welcome & Administrative Remarks                      This is published to fulfill the
                                                  the scheduled meeting time to allow                                                                           requirements of section 155 of Public
                                                                                                          Programs and Services for DoD Family
                                                  time to pass through the security check                                                                       Law 104–164 dated July 21, 1996.
                                                  points. Members of the public need to                     Members With Special Needs
                                                                                                            Healthcare                                          FOR FURTHER INFORMATION CONTACT: Pam
                                                  email the Council at osd.pentagon.ousd-                                                                       Young, DSCA/SA&E–RAN, (703) 697–
                                                  p-rmbx.family-readiness-council@                        Exceptional Family Member Program                     9107.
                                                  mail.mil no later than 5:00 p.m., on                      Update                                                The following is a copy of a letter to
                                                  Thursday, January 12, 2017 to arrange                   DoD State Liaison Office Update                       the Speaker of the House of
                                                  for an escort from the security check                                                                         Representatives,
                                                  point to the Conference Room area.                      Closing Remarks
                                                                                                                                                                  Transmittal 16–52 with attached
                                                    Pursuant to 41 CFR 102–3.105(j) and                   Note: Exact order may vary
                                                                                                                                                                Policy Justification and Sensitivity of
                                                  102–3.140, and section 10(a)(3) of the                    Dated: December 13, 2016.                           Technology.
                                                  Federal Advisory Committee Act of
                                                  1972, interested persons may submit a                   Aaron Siegel,                                           Dated: December 12, 2016.
                                                  written statement for consideration by                  Alternate OSD Federal Register Liaison                Aaron Siegel,
                                                  the Council. Persons desiring to submit                 Officer, Department of Defense.                       Alternate OSD Federal Register Liaison
                                                  a written statement to the Council must                 [FR Doc. 2016–30274 Filed 12–15–16; 8:45 am]          Officer, Department of Defense.
                                                  submit to the email address                             BILLING CODE 5001–06–P                                BILLING CODE 5001–06–P
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                                                                                      Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                         91149




                                                  BILLING CODE 5001–06–C                                                                                               support services; and other related
                                                                                                                   (iii) Description and Quantity or
                                                  Transmittal No. 16–52                                          Quantities of Articles or Services under              elements of logistics and program
                                                                                                                 Consideration for Purchase:                           support.
                                                  Notice of Proposed Issuance of Letter of                         Major Defense Equipment (MDE):                        (iv) Military Department: Army (VTG).
                                                  Offer Pursuant to Section 36(b)(l) of the                      One thousand two-hundred (1,200)
                                                  Arms Export Control Act, as Amended                                                                                    (v) Prior Related Cases, if any: MO–
                                                                                                                   TOW 2A, Radio Frequency (RF)                        B–USZ for $137,034.913 signed on 4
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                                                   (i) Prospective Purchaser: Kingdom of                           Missiles (BGM–71–4B–RF)                             May 2016.
                                                  Morocco.                                                       Fourteen (14) TOW 2A, Radio                             (vi) Sales Commission, Fee, etc., Paid,
                                                                                                                   Frequency (RF) Missiles (Fly-to-Buy                 Offered, or Agreed to be Paid: None.
                                                   (ii) Total Estimated Value:
                                                                                                                   Lot Acceptance Missiles)                              (vii) Sensitivity of Technology
                                                  Major Defense Equipment *                   $101 million
                                                  Other ...................................   $ 7 million          Non-MDE includes:                                   Contained in the Defense Article or
                                                                                                                   U.S. Government and contractor                      Defense Services Proposed to be Sold:
                                                                                                                                                                                                                   EN16DE16.039</GPH>




                                                     TOTAL .............................      $108 million       engineering; technical and logistics                  See Attached Annex.


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                                                  91150                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                    (viii) Date Report Delivered to                       urban structures, field fortifications and            SUMMARY:    The U.S. Army Corps of
                                                  Congress: December 7, 2016.                             other such targets. TOW missiles are                  Engineers (USACE) has developed draft
                                                    * as defined in Section 47(6) of the                  fired from a variety of TOW launchers                 internal agency implementation
                                                  Arms Export Control Act.                                in the U .S. Army, USMC, and FMS                      guidance for the Executive Order on
                                                                                                          customer forces. The TOW 2A RF                        Floodplain Management to incorporate
                                                  POLICY JUSTIFICATION                                    missile can be launched from the same                 the new requirements of the Executive
                                                  Government of Morocco—Radio                             launcher platforms as the existing wire-              Order on Establishing a Federal Flood
                                                  Frequency (RF) TOW 2A, Radio                            guided TOW 2A missile without                         Risk Management Standard and a
                                                  Frequency (RF) Missile (BGM–71–4B–RF                    modification to the launcher. The TOW                 Process for Further Soliciting and
                                                  and Support)                                            2A missile (both wire & RF) contains                  Considering Stakeholder Input. USACE
                                                    The Government of Morocco has                         two trackers for the launcher to track                is seeking feedback from partners, other
                                                  requested a possible sale of one                        and guide the missile in flight.                      government and non-government
                                                  thousand two-hundred (1,200) TOW 2A,                    Guidance commands from the launcher                   stakeholders, Tribes, and members of
                                                  Radio Frequency (RF) Missiles (BGM–                     are provided to the missile by a RF link              the general public on the proposed draft
                                                  71–4B–RF) and fourteen (14) TOW 2A,                     contained within the missile case. The                guidance that has been developed.
                                                  Radio Frequency (RF) Missiles (Fly-to-                  hardware, software, and technical                     DATES: Comments must be submitted on
                                                  Buy Lot Acceptance Missiles). Also                      publications provided with the sale                   or before January 30, 2017.
                                                  included with this request is U.S.                      thereof are UNCLASSIFIED. However,                    ADDRESSES:
                                                  Government and contractor engineering,                  the system itself contains sensitive                     Email: USACE–EO11988@
                                                  technical and logistics support services;               technology that instructs the system on               usace.army.mil and include
                                                  and other related elements of logistics                 how to operate in the presence of                     ‘‘Implementation Comments’’, in the
                                                  and program support. The estimated                      countermeasures.                                      subject line of the message.
                                                  MDE sale is $101 million. The total                        2. The highest level of classified                    Mail: HQ, U.S. Army Corps of
                                                  estimated value is $108 million.                        information that must be disclosed in                 Engineers, ATTN: EO13690/CECW–HS/
                                                    This proposed sale will contribute to                 training to use the end item is                       3G68, 441 G Street NW., Washington,
                                                  the foreign policy and national security                UNCLASSIFIED. The highest level of                    DC 20314–1000.
                                                  of the United States by helping to                      classified information that must be                      Hand Delivery/Courier: Due to
                                                  improve the security of a Major Non-                    disclosed in maintenance of the end                   security requirements, we cannot
                                                  NATO Ally that continues to be an                       item is UNCLASSIFIED. The highest                     receive comments by hand delivery or
                                                  important force for the political stability             level of classified information that could            courier.
                                                  and economic progress in North Africa.                  be disclosed by sale of the end item is               FOR FURTHER INFORMATION CONTACT: Dr.
                                                  This proposed sale directly supports                    SECRET. The highest level of classified               Stephanie Bray, Headquarters, Office of
                                                  Morocco and serves the interests of the                 information that could be revealed by                 Homeland Security, Washington, DC at
                                                  Moroccan people and the United States.                  testing the end item is SECRET. The                   202–761–4827.
                                                    The proposed sale of TOW 2A                           highest level of classified information
                                                                                                                                                                SUPPLEMENTARY INFORMATION: Executive
                                                  Missiles and technical support will                     that could be revealed by reverse
                                                                                                                                                                Order 11988, Floodplain Management,
                                                  advance Morocco’s efforts to develop an                 engineering of the end item is SECRET.
                                                                                                                                                                was issued in 1977 and directed
                                                  integrated ground defense capability.                      3. If a technologically advanced
                                                                                                                                                                agencies to avoid to the extent possible
                                                  Morocco will have no difficulty                         adversary were to obtain knowledge of
                                                                                                                                                                the long and short-term adverse impacts
                                                  absorbing this equipment into its armed                 the specific hardware and software
                                                                                                                                                                associated with the occupancy and
                                                  forces.                                                 elements, the information could be used
                                                                                                                                                                modification of floodplains and to avoid
                                                    The proposed sale of this equipment                   to develop countermeasures that might
                                                                                                                                                                direct and indirect support of floodplain
                                                  and support will not alter the basic                    reduce weapon system effectiveness or
                                                                                                                                                                development wherever there is a
                                                  military balance in the region.                         be used in the development of a system
                                                                                                                                                                practicable alternative. EO 11988
                                                    The principal contractors involved in                 with similar or advanced capabilities.
                                                                                                                                                                applied to Federal agencies carrying out
                                                  this program are: Raytheon Missile                         4. All defense articles and services
                                                                                                                                                                its responsibilities for:
                                                  Systems, Tucson, Arizona. There are no                  listed in this transmittal have been                     • Acquiring, managing, and disposing
                                                  known offset agreements proposed in                     authorized for release and export to the              of federal lands and facilities;
                                                  connection with this potential sale.                    Government of Morocco.                                   • Providing federally-undertaken,
                                                    Implementation of this proposed sale                  [FR Doc. 2016–30229 Filed 12–15–16; 8:45 am]          financed, or assisted construction and
                                                  will require the U.S. Government or                     BILLING CODE 5001–06–P                                improvements;
                                                  contractor representatives to travel to                                                                          • Conducting federal activities and
                                                  Morocco.                                                                                                      programs affecting land use, including
                                                    There will be no adverse impact on                    DEPARTMENT OF DEFENSE                                 but not limited to water and related land
                                                  U.S. defense readiness as a result of this                                                                    resources planning, regulation, and
                                                  proposed sale.                                          Department of the Army, Corps of                      licensing activities.
                                                                                                          Engineers                                                It required agencies performing
                                                  Transmittal No. 16–52
                                                                                                                                                                federal actions in the base floodplain
                                                  Notice of Proposed Issuance of Letter of                Implementation of Executive Orders on
                                                                                                                                                                (floodplain associated with the 1
                                                  Offer Pursuant to Section 36(b)(1) of the               Floodplain Management and
                                                                                                                                                                percent annual chance (also known as 1
                                                  Arms Export Control Act, as Amended                     Establishing a Federal Flood Risk
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                                                                                                                                                                percent annual exceedance probability)
                                                                                                          Management Standard and a Process
                                                  Annex                                                                                                         flood) to do the following:
                                                                                                          for Further Soliciting and Considering                   1. Determine if a proposed action is in
                                                  Item No. vii                                            Stakeholder Input                                     the base floodplain (that area which has
                                                    (vii) Sensitivity of Technology:                      AGENCY:    U.S. Army Corps of Engineers,              a one percent or greater chance of
                                                    1. The Radio Frequency (RF) TOW 2A                    DoD.                                                  flooding in any given year).
                                                  Missile (BGM–71E–4B–RF) is designed                                                                              2. Conduct early public review,
                                                                                                          ACTION:   Notice.
                                                  to defeat armored vehicles, reinforced                                                                        including public notice.


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Document Created: 2018-02-14 09:07:22
Document Modified: 2018-02-14 09:07:22
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.
ContactPam Young, DSCA/SA&E-RAN, (703) 697- 9107.
FR Citation81 FR 91148 

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