82 FR 2966 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 82, Issue 6 (January 10, 2017)

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 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 2966-2970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00248]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-57]


36(b)(1) Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Notice.

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SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification.

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This is published to fulfill the requirements of section 155 of Public 
Law 104-164 dated July 21, 1996.

FOR FURTHER INFORMATION CONTACT: Pamela 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 16-57 with attached Policy Justification 
and Sensitivity of Technology.

    Dated: January 5, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

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[GRAPHIC] [TIFF OMITTED] TN10JA17.002


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Transmittal No. 16-57
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 Norway
    (ii) Total Estimated Value:

Major Defense Equipment *...............  $1.40 billion
Other...................................  $ .35 billion
                                         -------------------------------
    TOTAL...............................   $1.75 billion
 

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

Five (5) P-8A Patrol Aircraft, each includes: Commercial Engines, 
Tactical Open Mission Software (TOMS), Electro-Optical (EO) and 
Infrared (IO) MX-20HD, AN/AAQ-2(V)1 Acoustic System, AN/APY-10 Radar, 
ALQ-240 Electronic Support Measures
Eleven (11) Multifunctional Distribution System Joint Tactical Radio 
Systems (MIDS JTRS)
Eight (8) Guardian Laser Transmitter Assemblies (GLTA) for the AN/AAQ-
24(V)N Eight (8) System Processors for AN/AAQ-24(V)N
Forty-two (42) AN/AAR-54 Missile Warning Sensors for the AN/AAQ-24(V)N
Fourteen (14) LN-251 with Embedded Global Positioning Systems (GPS)/
Inertial Navigations Systems (EGIs)
Two thousand (2,000) AN/SSQ-125 Multi-Static Active Coherent (MAC) 
Source Sonobuoys

    Non-MDE includes: Spares, spare engine, support equipment, 
operational support systems for Tactical Operations Center and Mobile 
Tactical Operations Center (ToC/MToC), training, maintenance trainer/
classrooms, publications, software, engineering and logistics technical 
assistance, Foreign Liaison Officer support, contractor engineering 
technical services, repair and return, transportation, aircraft ferry, 
and other associated training and support.
    (iv) Military Department: Navy (SAN)
    (v) Prior Related Cases, if any: This would be Norway's first 
purchase of the P-8A Patrol Aircraft. Norway has one related P-8A case, 
NO-P-GEN, which provides P-8A study and technical analysis support.
    (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 Annex Attached
    (viii) Date Report Delivered to Congress: December 20, 2016

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

Policy Justification

Norway--P-8A Aircraft and Associated Support

    Norway has requested a possible sale of up to five (5) P-8A Patrol 
Aircraft, each includes: Commercial Engines, Tactical Open Mission 
Software (TOMS), Electro-Optical (EO) and Infrared (IO) MX-20HD, AN/
AAQ-2(V)1 Acoustic System, AN/APY-10 Radar, ALQ-240 Electronic Support 
Measures. Also included are eleven (11) Multifunctional Distribution 
System Joint Tactical Radio Systems (MIDS JTRS); eight (8) Guardian 
Laser Transmitter Assemblies (GLTA) for the AN/AAQ-24(V)N; eight (8) 
System Processors for AN/AAQ-24(V)N; forty-two (42) AN/AAR- 54 Missile 
Warning Sensors for the AN/AAQ-24(V)N; fourteen (14) LN-251 with 
Embedded Global Positioning Systems (GPS)/Inertial Navigation Systems 
(EGIs); and two thousand (2,000) AN/SSQ-125 Multi-Static Active 
Coherent (MAC) Source Sonobouys; spares; spare engine; support 
equipment; operational support systems; training; maintenance trainer/
classrooms; publications; software; engineering and logistics technical 
assistance; Foreign Liaison Officer support; contractor engineering 
technical services; repair and return; transportation; aircraft ferry; 
and other associated training and support. The total estimated program 
cost is $1.75 billion.
    This proposed sale will contribute to the foreign policy and 
national security of the United States by helping to improve the 
security of a NATO ally which has been, and continues to be, an 
important force for political stability throughout the world. The 
proposed sale will allow Norway to maintain its Maritime Patrol 
Aircraft (MPA) capability following retirement of its P-3C MPA. This 
sale will strengthen collective NATO defense and enhance Norway's 
regional and global allied contributions.
    Norway has procured and operated U.S. produced P-3 Orion MPAs for 
over 40 years, providing critical capabilities to NATO and coalition 
maritime operations. Norway has maintained a close MPA acquisition and 
sustainment relationship with the U.S. Navy over this period. The 
proposed sale will allow Norway to recapitalize, modernize, and sustain 
its MPA capability for the next 30 years. As a long-time P-3 operator, 
Norway will have no difficulty transitioning its MPA force to the P-8A 
and absorbing these aircraft into its armed forces.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    The prime contractor involved in this sale is The Boeing Company, 
Seattle, WA. Additional contractors include: Air Cruisers Co, LLC; 
Arnprior Aerospace, Canada; AVOX Zodiac Aerospace; BAE; Canadian 
Commercial Corporation (CCC)/EMS; Compass David Clark; DLS/ViaSat, 
Carlsbad, CA; DRS; Exelis, McLean, VA; GC Micro, Petaluma, CA; General 
Electric, UK; Harris; Joint Electronics; Martin Baker; Northrop Grumman 
Corp, Falls Church, VA; Pole Zero, Cincinnati, OH; Raytheon, Waltham, 
MA; Raytheon, UK; Rockwell Collins, Cedar Rapids, IA; Spirit Aero, 
Wichita, KS; Symmetries Telephonies, Farmingdale, NY; Terma, Arlington, 
VA; Viking; and WESCAM. Norway does require an offset agreement. Any 
offset agreement will be defined in negotiations between the purchaser 
and the prime contractor.
    Implementation of the proposed sale will require approximately five 
(5) contractor personnel to support the program in Norway.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-57
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 P-8A aircraft is a militarized version of the Boeing 737-800 
Next Generation (NG) commercial aircraft. The P-8A is replacing the P-
3C as the Navy's long-range anti submarine warfare (ASW), anti-surface 
warfare (ASuW), intelligence, surveillance and reconnaissance (ISR) 
aircraft capable of broad-area, maritime, and littoral operations. The 
overall highest classification of the P-8A weapon system is SECRET. The 
P-8A mission systems hardware is largely unclassified, while individual 
software elements (mission systems, acoustics, ESM, etc.) are 
classified up to SECRET.
    2. P-8A mission systems include:
    a. Tactical Open Mission Software (TOMS). TOMS functions include 
environment planning, tactical aids, weapons planning aids, and data 
correlation. TOMS includes an algorithm for track fusion which 
automatically correlates tracks produced by on board and off board 
sensors.
    b. Electro-Optical (EO) and Infrared (IR) MX-20HD. The EO/IR system

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processes visible EO and IR spectrum to detect and image objects.
    c. AN/AQQ-2(V)1 Acoustic System. The Acoustic sensor system is 
integrated within the mission system as the primary sensor for the 
aircraft ASW missions. The system has multi-static active coherent 
(MAC) 64 sonobuoy processing capability and acoustic sensor prediction 
tools.
    d. AN/APY-10 Radar. The aircraft radar is a direct derivative of 
the legacy AN/APS- 137(V) installed in the P-3C. The radar capabilities 
include GPS selective availability anti-spoofing, SAR and ISAR imagery 
resolutions, and periscope detection mode.
    e. ALQ-240 Electronic Support Measures (ESM). This system provides 
real time capability for the automatic detection, location, 
measurement, and analysis of RF-signals and modes. Real time results 
are compared with a library of known emitters to perform emitter 
classification and specific emitter identification (SEI).
    f. Electronic Warfare Self Protection (EWSP). The aircraft EWSP 
consists of the ALQ-213 Electronic Warfare Management System (EWMS), 
ALE-47 Countermeasures Dispensing System (CMDS), and the AN/AAQ-24 
Directional Infrared Countermeasure (DIRCM)/AAR-54 Missile Warning 
Sensors (MWS). The EWSP includes threat information.
    3. If a technologically advanced adversary was to obtain access of 
the P-SA specific hardware and software elements, systems could be 
reverse engineered to discover USN capabilities and tactics. The 
consequences of the loss of this technology, to a technologically 
advanced or competent adversary, could result in the development of 
countermeasures or equivalent systems, which could reduce system 
effectiveness or be used in the development of a system with similar 
advanced capabilities.
    4. A determination has been made that the recipient government can 
provide substantially the same degree of protection, for the technology 
being released as the U.S. Government. Support of the P-8A Patrol 
Aircraft to the Government of the Norway is necessary in the 
furtherance of U.S. foreign policy and national security objectives.
    5. All defense articles and services listed in this transmittal 
have been authorized for release and export to the Government of 
Norway.

[FR Doc. 2017-00248 Filed 1-9-17; 8:45 am]
 BILLING CODE 5001-06-P