82_FR_49398 82 FR 49194 - Arms Sales Notification

82 FR 49194 - Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 82, Issue 204 (October 24, 2017)

Page Range49194-49197
FR Document2017-22984

The Department of Defense is publishing the unclassified text of an arms sales notification.

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017)
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49194-49197]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22984]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 17-36]


Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Arms sales notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense is publishing the unclassified text 
of an arms sales notification.

FOR FURTHER INFORMATION CONTACT: Pamela Young, (703) 697-9107, 
[email protected] or Kathy Valadez, (703) 697-9217, 
[email protected]; DSCA/DSA-RAN.

SUPPLEMENTARY INFORMATION: This 36(b)(1) arms sales notification is 
published to fulfill the requirements of section 155 of Public Law 104-
164 dated July 21, 1996. The following is a copy of a letter to the 
Speaker of the House of Representatives, Transmittal 17-36 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: October 18, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-P

[[Page 49195]]

[GRAPHIC] [TIFF OMITTED] TN24OC17.003

BILLING CODE 5001-06-C
Transmittal No. 17-36
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 Romania
    (ii) Total Estimated Value:

Major Defense Equipment*................................  $ .900 billion
Other...................................................  $ .350 billion
                                                         ---------------
  TOTAL.................................................  $1.250 billion
 

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

Fifty-four (54) High Mobility Artillery Rocket Systems (HIMARS) 
Launchers
Eighty-one (81) Guided Multiple Launch Rocket Systems (GMLRS) M31A1 
Unitary
Eighty-one (81) Guided Multiple Launch Rocket Systems (GMLRS) M30A1 
Alternative Warhead
Fifty-four (54) Army Tactical Missile Systems (ATACMS) M57 Unitary
Twenty-four (24) Advanced Field Artillery Tactical Data Systems 
(AFATDS)
Fifteen (15) M1151A1 HMMWVs, Utility, Armored
Fifteen (15) M1151A1 HMMWVs, Armor Ready 2-Man

    Non-MDE includes:

Fifty-four (54) M1084A1P2 HIMARS Resupply Vehicles (RSVs) (5 ton,

[[Page 49196]]

Medium Tactical Cargo Vehicle with Material Handling Equipment)
Fifty-four (54) M1095 MTV Cargo Trailers w/RSV kit
Ten (10) M1089A1P2 FMTV Wreckers (5 Ton Medium Tactical Vehicle Wrecker 
with Winch)

    Also included are thirty (30) Low Cost Reduced Range (LCRR) 
practice rockets, support equipment, communications equipment, sensors, 
spare and repair parts, test sets, batteries, laptop computers, 
publications and technical data, facility design, training and training 
equipment, systems integration support, Quality Assurance Teams and a 
Technical Assistance Fielding Team, U.S. Government and contractor 
technical, engineering, and logistics support services, and other 
related elements of logistics and program support.
    (iv) Military Department: Army
    (v) Prior Related Cases, if any: None
    (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: August 17, 2017
    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Romania--High Mobility Artillery Rocket Systems (HIMARS) and Related 
Support and Equipment

    The Government of Romania has requested the possible sale of fifty-
four (54) High Mobility Artillery Rocket Systems (HIMARS) Launchers, 
eighty-one (81) Guided Multiple Launch Rocket Systems (GMLRS) M31A1 
Unitary, eighty-one (81) Guided Multiple Launch Rocket Systems (GMLRS) 
M30A1 Alternative Warhead, fifty-four (54) Army Tactical Missile 
Systems (ATACMS) M57 Unitary, twenty-four (24) Advanced Field Artillery 
Tactical Data Systems (AFATDS), fifteen (15) M1151A1 HMMWVs, Utility, 
Armored, and fifteen (15) M1151A1 HMMWVs, Armor Ready 2-Man. Also 
included with this request are: fifty-four (54) M1084A1P2 HIMARS 
Resupply Vehicles (RSVs) (5 ton, Medium Tactical Cargo Vehicle with 
Material Handling Equipment), fifty-four (54) M1095 MTV Cargo Trailer 
with RSV kit, and ten (10) M1089A1P2 FMTV Wreckers (5 Ton Medium 
Tactical Vehicle Wrecker with Winch), thirty (30) Low Cost Reduced 
Range (LCRR) practice rockets, support equipment, communications 
equipment, sensors, spare and repair parts, test sets, batteries, 
laptop computers, publications and technical data, facility design, 
training and training equipment, systems integration support, Quality 
Assurance Teams and a Technical Assistance Fielding Team, U.S. 
Government and contractor technical, engineering, and logistics support 
services, and other related elements of logistics and program support. 
The total estimated program cost is $1.25 billion.
    This proposed sale will support the foreign policy and national 
security objectives of the United States by helping to improve the 
security of a NATO ally that has been, and continues to be an important 
force for political stability and economic progress within Europe. The 
proposed sale of the HIMARS system will support Romania's needs for its 
own self-defense and support NATO defense goals.
    The Government of Romania intends to use these defense articles and 
services to modernize its armed forces and strengthen its homeland 
defense and deter regional threats. This will contribute to Romania's 
military goal of updating its capabilities while further enhancing 
interoperability with the United States and other NATO allies. Romania 
will have no difficulty absorbing this system into its armed forces.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    The prime contractors will be Lockheed-Martin in Grand Prairie, 
Texas and Camden, Arkansas. There are no known offset agreements 
proposed in connection with this potential sale.
    Implementation of this proposed sale will require approximately the 
assignment of up to 10 U.S. Government or contractor representatives to 
travel to Romania for a period of up to one year for equipment de-
processing/fielding, system checkout, training, and technical and 
logistics support.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 17-36
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 High Mobility Artillery Rocket Systems (HIMARS) is a highly 
mobile, all-weather indirect area fire artillery system. The HIMARS 
mission is to supplement cannon artillery to deliver a large volume of 
firepower within a short time against critical time-sensitive targets. 
At shorter ranges, HIMARS complements tube artillery with heavy 
barrages against assaulting forces as well as in the counter-fire, or 
defense suppression roles. The highest level of classified information 
that could be disclosed by a proposed sale, production, or by testing 
of the end item is SECRET; the highest level that must be disclosed for 
production, maintenance, or training is CONFIDENTIAL. Reverse 
engineering could reveal SECRET information. Launcher platform 
software, weapon operational software, command and control special 
application software, and command and control loadable munitions module 
software are considered UNCLASSIFIED. The system specifications and 
limitations are classified SECRET. Vulnerability data is classified up 
to SECRET. Countermeasures, counter-countermeasures, vulnerability/
susceptibility analyses, and threat definitions are classified SECRET.
    2. The highest classification level for release of the ATACMS 
Unitary M57 FMS Variant is SECRET, based upon the software. The highest 
level of classified information that could be disclosed by a sale or by 
testing of the end item is SECRET; the highest level that must be 
disclosed for production, maintenance, or training is CONFIDENTIAL. 
Reverse engineering could reveal CONFIDENTIAL information. Fire 
Direction System, Data Processing Unit, and special Application 
software is classified SECRET. Communications Distribution Unit 
software is classified CONFIDENTIAL. The system specifications and 
limitations are classified CONFIDENTIAL. Vulnerability Data, 
countermeasures, vulnerability/susceptibility analyses, and threat 
definitions are classified SECRET or CONFIDENTIAL.
    3. Guided Multiple Launch Rocket System Alternative Warhead (GMLRS-
AW) M30A1. The GMLRS-AW, M30A1, is the next design increment of the 
GMLRS rocket. The GMLRS-AW M30A1 hardware is over 90% common with the 
M31A1 GMLRS Unitary hardware. Operational range is between 15-70 
kilometers. Accuracy of less than 15 meters Circular Error Probability 
at all ranges, when using inertial guidance with Global Positioning 
System (GPS) augmentation. Uses a proximity sensor fuze mode with a 10 
meter height of burst. The Alternative Warhead carries a 200 pound 
fragmentation assembly filled with high explosives which, upon 
detonation, accelerates two layers of pre-formed tungsten fragments 
optimized for effectiveness against large area and imprecisely located 
targets. The GMLRS-AW provides an area target

[[Page 49197]]

attack capability that is treaty compliant (no un-exploded ordnance). 
It provides a 24 hour, all weather, long range attack capability 
against personnel, soft and lightly armored targets, and air defense 
targets. The GMLRS-AW uses the same motor, guidance and control systems 
fuze mechanisms, and proximity sensors as the M31A1 GMLRS Unitary. The 
highest classification level for release of the GMLRS-AW is SECRET, 
based upon the software, sale or testing of the end item. The highest 
level of classification that must be disclosed for production, 
maintenance, or training is CONFIDENTIAL.
    4. The GPS PPS component of the HIMARS munitions (GMLRS Unitary, 
Alternative Warhead, and ATACMS Unitary) is also contained in the Fire 
Direction System, is classified SECRET, and is considered SENSITIVE. To 
that end, no GPS PPS design information, including GPS software 
algorithms, will be disclosed in the course of this sale to country. 
Susceptibility of GMLRS to diversion or exploitation is considered low 
risk. GMLRS employs an inertial navigational system that is aided by a 
Selective Availability Anti-Spoofing Module (SAASM) equipped GPS 
receiver. To that end, this system requires encryption keys controlled 
by, and issued by, the National Security Agency.
    5. AFATDS is a multi-service (U.S. Army and U.S. Marine Corps) 
automated, expert decision support system used for Command, Control, 
Communications and integration and synchronization of fires on ground 
targets during all phases of military conflict. AFATDS provides the 
automated tools that significantly augment the capability of fire 
support coordinators, fire support assets commanders, and their 
respective staffs at every echelon during the planning and execution of 
fire support on the dynamic battlefields in support of the Maneuver 
Commander and his plans.
    6. The classification of the request for assistance and customized 
AFATDS with sanitized and customized JMEM and LMM, and/or with 
functionally compatible but UNCLASSIFIED modular substitutes for 
COMSEC, JMEM, and LMM capabilities, is available for Foreign Military 
Sales (FMS) with the following restrictions and caveats. The software 
source code and design specifications are UNCLASSIFIED but considered 
highly sensitive and are not available for FMS. The following items, 
while they are unclassified they are not individually freely and openly 
releasable, however, they can be offered for FMS as individually and 
specifically included items of complete system procurements: executable 
code, training manuals, user manuals, and system documentation such as 
external system architecture diagrams, high level internal software 
architecture diagrams, the Version Description Document, and the System 
Administrator Manual as customized for each individual FMS customer. 
The highest level of information that is necessarily disclosed during 
maintenance of these sanitized systems and applications is 
UNCLASSIFIED/FOUO. The highest level of sensitive information that is 
necessarily disclosed by the sale of these sanitized systems and 
applications is UNCLASSIFIED/FOUO. The highest level of information 
that is necessarily disclosed to allow system administration of these 
sanitized systems and applications UNCLASSIFIED/FOUO. The highest level 
of information that is necessarily disclosed in training of these 
sanitized systems and applications is UNCLASSIFIED/FOUO. The highest 
level of information that could be revealed by reverse engineering or 
testing of these systems is UNCLASSIFIED/FOUO. Through scanning or 
testing these sanitized systems and applications, specific 
vulnerabilities could be disclosed, and will be treated at 
UNCLASSIFIED/FOUO. The identification of these vulnerabilities with 
U.S.-only systems is CLASSIFIED, per Section 6.3. Participants of the 
FMS process shall not make references to U.S.-only system maintenance, 
administration, or technical details because they could be considered 
SECRET.
    7. Susceptibility of ATACMS Unitary M57 FMS Variant, GMLRS M30A1 
and M31A1 to diversion or exploitation is considered low risk. 
Components of the system are also considered highly resistant to 
reverse engineering. Detailed knowledge of the technical capabilities 
of the system could enable an enemy to tailor defenses and adjust 
tactics and procedures to minimize the effectiveness of the system.
    8. Susceptibility of AFATDS to diversion or exploitation is 
considered low risk. Software of the system are also considered highly 
resistant to reverse engineering. Detailed knowledge of the technical 
capabilities of the system could enable an enemy to tailor defenses and 
adjust tactics and procedures to minimize the effectiveness of the 
system. Training and user manuals are unclassified but considered 
sensitive and not for general release to foreign nationals, except that 
they will be provided with the system when the system is procured 
through foreign military sales. Installation instructions are 
unclassified but considered sensitive and not for general release to 
foreign nationals, except that they will be provided with the system 
when the system is procured through FMS.
    9. If a technologically advanced adversary were to obtain knowledge 
of the specific hardware and software, the information could be used to 
develop countermeasures, which might reduce weapon system effectiveness 
or be used in the development of a system with similar or advanced 
capabilities.
    10. This sale is necessary in furtherance of the U.S. foreign 
policy and national security objectives outlined in the enclosed 
Military Policy Justification. Moreover, the benefits to be derived 
from this sale outweigh the potential damage that could result if the 
sensitive technology were revealed to unauthorized persons. A 
determination has been made that Romania can provide the same degree of 
protection for the sensitive technology being released as the U.S. 
Government.
    11. All defense articles and services listed in this transmittal 
have been authorized for release and export to Romania.

[FR Doc. 2017-22984 Filed 10-23-17; 8:45 am]
BILLING CODE 5001-06-P



                                                    49194                        Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices

                                                    training devices, classified software                   help it carry out international                       g. Mission Capability Areas:
                                                    (JMPS/MDLs), Engineering Technical                      commitments for transport,                               Surveillance/Data Management &
                                                    Assistance (ETA), Logistics Technical                   surveillance, and search and rescue                      Data/Air Vehicle Service Life
                                                    Assistance (LTA), Other Technical                       operations with the United States and                 h. Software Lab
                                                    Assistance (OTA), supply support,                       other allies. The proposed upgrades will              i. USN Test Maintenance Cost
                                                    support equipment, and other related                    also provide Australia the resources                     2. The spiral development case may
                                                    elements of logistics and program                       necessary to properly maintain its                    contain sensitive technology; however,
                                                    support.                                                multi-mission helicopters. Australia                  defined requirements are not known at
                                                       (iv) Military Department: Navy (AT–                  will have no difficulty absorbing this                this time and will be assessed on a case
                                                    P–GRS)                                                  equipment into its armed forces.                      by case basis.
                                                       (v) Prior Related Cases, if any: AT–P–                 The proposed sale of this equipment                    3. A determination has been made
                                                    GXO, AT–P–SCF, AT–P–GTC                                 and support will not alter the basic                  that Australia can provide substantially
                                                       (vi) Sales Commission, Fee, etc., Paid,              military balance in the region.                       the same degree of protection for the
                                                    Offered, or Agreed to be Paid: None                       The principal contractor will be                    sensitive technology being released as
                                                       (vii) Sensitivity of Technology                      Sikorsky, a Lockheed Martin Company,                  the U.S. Government. This sale is
                                                    Contained in the Defense Article or                     Stratford, CT and Lockheed Martin,                    necessary in furtherance of the U.S.
                                                    Defense Services Proposed to be Sold:                   Owego, NY. There are no offsets                       foreign policy and national security
                                                    See Attached Annex                                      proposed in connection with this                      objectives outlined in the Policy
                                                       (viii) Date Report Delivered to                      potential sale.                                       Justification.
                                                    Congress: August 30, 2017.                                Implementation of this proposed sale                   4. All defense articles and services
                                                       * As defined in Section 47(6) of the                 will not require the assignment of any                listed in this transmittal have been
                                                    Arms Export Control Act.                                additional U.S. Government or                         authorized for release and export to
                                                                                                            contractor representatives to Australia.              Australia.
                                                    POLICY JUSTIFICATION                                      There will be no adverse impact on
                                                                                                                                                                  [FR Doc. 2017–22980 Filed 10–23–17; 8:45 am]
                                                    Australia—Upgrade Program for (24)                      U.S. defense readiness as a result of this
                                                                                                                                                                  BILLING CODE 5001–06–P
                                                    MH–60R Multi-Mission Helicopters                        proposed sale.
                                                       The Government of Australia has                      Transmittal No. 17–45
                                                    requested a follow-on case for a possible                                                                     DEPARTMENT OF DEFENSE
                                                                                                            Notice of Proposed Issuance of Letter of
                                                    ten-year upgrade program for twenty-                    Offer Pursuant to Section 36(b)(1) of the
                                                    four (24) MH–60R Multi-Mission                                                                                Office of the Secretary
                                                                                                            Arms Export Control Act
                                                    Helicopters and associated training
                                                                                                            Annex                                                 [Transmittal No. 17–36]
                                                    devices, spare and repair parts, support
                                                    and test equipment, engineering and                     Item No. vii                                          Arms Sales Notification
                                                    technical services, U.S. Government and
                                                                                                               (vii) Sensitivity of Technology:                   AGENCY: Defense Security Cooperation
                                                    contractor engineering, technical and
                                                    logistics support services, Engineering                    1. The Commonwealth of Australia                   Agency, Department of Defense.
                                                    Change Proposals (ECPs), ECPs for                       requirement for spiral upgrades to the
                                                                                                            twenty-four (24) Multi-Mission MH–60R                 ACTION: Arms sales notice.
                                                    training devices, classified software
                                                    (JMPS/MDLs), Engineering Technical                      Helicopters could include:
                                                                                                                                                                  SUMMARY:   The Department of Defense is
                                                    Assistance (ETA), Logistics Technical                   a. Mission Capability Areas: Surface                  publishing the unclassified text of an
                                                    Assistance (LTA), Other Technical                          Warfare/Surveillance/Flight                        arms sales notification.
                                                    Assistance (OTA), supply support,                          Management, Navigation &
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                    support equipment, and other related                       Communication/Data Management &
                                                                                                                                                                  Pamela Young, (703) 697–9107,
                                                    elements of logistics and program                          Fusion
                                                                                                                                                                  pamela.a.young14.civ@mail.mil or
                                                    support. The total estimated program                    b. Mission Capability Areas: Anti-                    Kathy Valadez, (703) 697–9217,
                                                    cost is $360 million.                                      Submarine Warfare/Flight                           kathy.a.valadez.civ@mail.mil; DSCA/
                                                       This sale will support the foreign                      Management, Navigation &                           DSA–RAN.
                                                    policy and national security of the                        Communication
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: This
                                                    United States by helping to improve the                 c. Mission Capability Areas: Flight
                                                                                                               Management, Navigation &                           36(b)(1) arms sales notification is
                                                    security of a major non-NATO ally that
                                                                                                               Communication/Data Management &                    published to fulfill the requirements of
                                                    continues to be an important force for
                                                                                                               Fusion                                             section 155 of Public Law 104–164
                                                    political stability and economic progress
                                                                                                            d. Mission Capability Areas: Flight                   dated July 21, 1996. The following is a
                                                    in the Western Pacific. It is vital to the
                                                                                                               Management, Navigation &                           copy of a letter to the Speaker of the
                                                    U.S. national interest to assist our ally
                                                                                                               Communication/Data Management &                    House of Representatives, Transmittal
                                                    in developing and maintaining a strong
                                                                                                               Fusion/Air Vehicle Service Life                    17–36 with attached Policy Justification
                                                    and ready self-defense capability.
                                                                                                                                                                  and Sensitivity of Technology.
                                                       The proposed upgrades to the MH–                     e. Mission Capability Areas for
                                                    60R helicopters will improve Australia’s                   Development: Kinematic                               Dated: October 18, 2017.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    antisubmarine and surface warfare                          Performance/Airborne Survivability                 Aaron Siegel,
                                                    capability, provide an improved search                  f. Mission Capability Areas for                       Alternate OSD Federal Register Liaison
                                                    and rescue capability, enhance its anti-                   Development: Obsolescence                          Officer, Department of Defense.
                                                    ship surveillance capability, and will                     Management                                         BILLING CODE 5001–06–P




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                                                                                        Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                         49195




                                                    BILLING CODE 5001–06–C                                           (iii) Description and Quantity or                   Fifty-four (54) Army Tactical Missile
                                                    Transmittal No. 17–36                                          Quantities of Articles or Services under                Systems (ATACMS) M57 Unitary
                                                                                                                   Consideration for Purchase:                           Twenty-four (24) Advanced Field
                                                    Notice of Proposed Issuance of Letter of
                                                                                                                     Major Defense Equipment (MDE):                        Artillery Tactical Data Systems
                                                    Offer Pursuant to Section 36(b)(1) of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                           (AFATDS)
                                                    Arms Export Control Act, as amended                         Fifty-four (54) High Mobility Artillery
                                                                                                                  Rocket Systems (HIMARS) Launchers                      Fifteen (15) M1151A1 HMMWVs,
                                                      (i) Prospective Purchaser: Government                                                                                Utility, Armored
                                                    of Romania                                                  Eighty-one (81) Guided Multiple Launch
                                                                                                                                                                         Fifteen (15) M1151A1 HMMWVs,
                                                      (ii) Total Estimated Value:                                 Rocket Systems (GMLRS) M31A1
                                                                                                                                                                           Armor Ready 2-Man
                                                                                                                  Unitary
                                                    Major Defense Equipment*                     $ .900 billion                                                            Non-MDE includes:
                                                    Other ....................................   $ .350 billion Eighty-one  (81) Guided Multiple Launch
                                                                                                                  Rocket Systems (GMLRS) M30A1                           Fifty-four (54) M1084A1P2 HIMARS
                                                                                                                                                                                                                  EN24OC17.003</GPH>




                                                       TOTAL ..............................      $1.250 billion   Alternative Warhead                                      Resupply Vehicles (RSVs) (5 ton,


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                                                    49196                        Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices

                                                       Medium Tactical Cargo Vehicle with                   batteries, laptop computers,                          complements tube artillery with heavy
                                                       Material Handling Equipment)                         publications and technical data, facility             barrages against assaulting forces as well
                                                    Fifty-four (54) M1095 MTV Cargo                         design, training and training equipment,              as in the counter-fire, or defense
                                                       Trailers w/RSV kit                                   systems integration support, Quality                  suppression roles. The highest level of
                                                    Ten (10) M1089A1P2 FMTV Wreckers                        Assurance Teams and a Technical                       classified information that could be
                                                       (5 Ton Medium Tactical Vehicle                       Assistance Fielding Team, U.S.                        disclosed by a proposed sale,
                                                       Wrecker with Winch)                                  Government and contractor technical,                  production, or by testing of the end item
                                                       Also included are thirty (30) Low Cost               engineering, and logistics support                    is SECRET; the highest level that must
                                                    Reduced Range (LCRR) practice rockets,                  services, and other related elements of               be disclosed for production,
                                                    support equipment, communications                       logistics and program support. The total              maintenance, or training is
                                                    equipment, sensors, spare and repair                    estimated program cost is $1.25 billion.              CONFIDENTIAL. Reverse engineering
                                                    parts, test sets, batteries, laptop                       This proposed sale will support the                 could reveal SECRET information.
                                                    computers, publications and technical                   foreign policy and national security                  Launcher platform software, weapon
                                                    data, facility design, training and                     objectives of the United States by                    operational software, command and
                                                    training equipment, systems integration                 helping to improve the security of a                  control special application software,
                                                    support, Quality Assurance Teams and                    NATO ally that has been, and continues                and command and control loadable
                                                    a Technical Assistance Fielding Team,                   to be an important force for political                munitions module software are
                                                    U.S. Government and contractor                          stability and economic progress within                considered UNCLASSIFIED. The system
                                                    technical, engineering, and logistics                   Europe. The proposed sale of the                      specifications and limitations are
                                                    support services, and other related                     HIMARS system will support Romania’s                  classified SECRET. Vulnerability data is
                                                    elements of logistics and program                       needs for its own self-defense and                    classified up to SECRET.
                                                    support.                                                support NATO defense goals.                           Countermeasures, counter-
                                                       (iv) Military Department: Army                         The Government of Romania intends                   countermeasures, vulnerability/
                                                       (v) Prior Related Cases, if any: None                to use these defense articles and                     susceptibility analyses, and threat
                                                       (vi) Sales Commission, Fee, etc., Paid,              services to modernize its armed forces                definitions are classified SECRET.
                                                    Offered, or Agreed to be Paid: None                     and strengthen its homeland defense                      2. The highest classification level for
                                                       (vii) Sensitivity of Technology                      and deter regional threats. This will                 release of the ATACMS Unitary M57
                                                    Contained in the Defense Article or                     contribute to Romania’s military goal of              FMS Variant is SECRET, based upon the
                                                    Defense Services Proposed to be Sold:                   updating its capabilities while further               software. The highest level of classified
                                                    See Attached Annex                                      enhancing interoperability with the                   information that could be disclosed by
                                                       (viii) Date Report Delivered to                      United States and other NATO allies.                  a sale or by testing of the end item is
                                                    Congress: August 17, 2017                               Romania will have no difficulty                       SECRET; the highest level that must be
                                                       * As defined in Section 47(6) of the                 absorbing this system into its armed                  disclosed for production, maintenance,
                                                    Arms Export Control Act.                                forces.                                               or training is CONFIDENTIAL. Reverse
                                                                                                              The proposed sale of this equipment                 engineering could reveal
                                                    POLICY JUSTIFICATION                                    and support will not alter the basic                  CONFIDENTIAL information. Fire
                                                    Romania—High Mobility Artillery                         military balance in the region.                       Direction System, Data Processing Unit,
                                                    Rocket Systems (HIMARS) and Related                       The prime contractors will be                       and special Application software is
                                                    Support and Equipment                                   Lockheed-Martin in Grand Prairie,                     classified SECRET. Communications
                                                                                                            Texas and Camden, Arkansas. There are                 Distribution Unit software is classified
                                                       The Government of Romania has                                                                              CONFIDENTIAL. The system
                                                                                                            no known offset agreements proposed in
                                                    requested the possible sale of fifty-four                                                                     specifications and limitations are
                                                                                                            connection with this potential sale.
                                                    (54) High Mobility Artillery Rocket                                                                           classified CONFIDENTIAL.
                                                                                                              Implementation of this proposed sale
                                                    Systems (HIMARS) Launchers, eighty-                                                                           Vulnerability Data, countermeasures,
                                                                                                            will require approximately the
                                                    one (81) Guided Multiple Launch                                                                               vulnerability/susceptibility analyses,
                                                                                                            assignment of up to 10 U.S. Government
                                                    Rocket Systems (GMLRS) M31A1                                                                                  and threat definitions are classified
                                                                                                            or contractor representatives to travel to
                                                    Unitary, eighty-one (81) Guided                                                                               SECRET or CONFIDENTIAL.
                                                                                                            Romania for a period of up to one year
                                                    Multiple Launch Rocket Systems                                                                                   3. Guided Multiple Launch Rocket
                                                                                                            for equipment de-processing/fielding,
                                                    (GMLRS) M30A1 Alternative Warhead,                                                                            System Alternative Warhead (GMLRS–
                                                                                                            system checkout, training, and technical
                                                    fifty-four (54) Army Tactical Missile                                                                         AW) M30A1. The GMLRS–AW, M30A1,
                                                                                                            and logistics support.
                                                    Systems (ATACMS) M57 Unitary,                             There will be no adverse impact on                  is the next design increment of the
                                                    twenty-four (24) Advanced Field                         U.S. defense readiness as a result of this            GMLRS rocket. The GMLRS–AW
                                                    Artillery Tactical Data Systems                         proposed sale.                                        M30A1 hardware is over 90% common
                                                    (AFATDS), fifteen (15) M1151A1                                                                                with the M31A1 GMLRS Unitary
                                                    HMMWVs, Utility, Armored, and fifteen                   Transmittal No. 17–36                                 hardware. Operational range is between
                                                    (15) M1151A1 HMMWVs, Armor Ready                        Notice of Proposed Issuance of Letter of              15–70 kilometers. Accuracy of less than
                                                    2-Man. Also included with this request                  Offer Pursuant to Section 36(b)(1) of the             15 meters Circular Error Probability at
                                                    are: fifty-four (54) M1084A1P2 HIMARS                   Arms Export Control Act                               all ranges, when using inertial guidance
                                                    Resupply Vehicles (RSVs) (5 ton,                                                                              with Global Positioning System (GPS)
                                                    Medium Tactical Cargo Vehicle with                      Annex Item No. vii                                    augmentation. Uses a proximity sensor
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                                                    Material Handling Equipment), fifty-                       (vii) Sensitivity of Technology:                   fuze mode with a 10 meter height of
                                                    four (54) M1095 MTV Cargo Trailer with                     1. The High Mobility Artillery Rocket              burst. The Alternative Warhead carries
                                                    RSV kit, and ten (10) M1089A1P2                         Systems (HIMARS) is a highly mobile,                  a 200 pound fragmentation assembly
                                                    FMTV Wreckers (5 Ton Medium                             all-weather indirect area fire artillery              filled with high explosives which, upon
                                                    Tactical Vehicle Wrecker with Winch),                   system. The HIMARS mission is to                      detonation, accelerates two layers of
                                                    thirty (30) Low Cost Reduced Range                      supplement cannon artillery to deliver a              pre-formed tungsten fragments
                                                    (LCRR) practice rockets, support                        large volume of firepower within a short              optimized for effectiveness against large
                                                    equipment, communications equipment,                    time against critical time-sensitive                  area and imprecisely located targets.
                                                    sensors, spare and repair parts, test sets,             targets. At shorter ranges, HIMARS                    The GMLRS–AW provides an area target


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                                                                                 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                               49197

                                                    attack capability that is treaty compliant              items of complete system procurements:                instructions are unclassified but
                                                    (no un-exploded ordnance). It provides                  executable code, training manuals, user               considered sensitive and not for general
                                                    a 24 hour, all weather, long range attack               manuals, and system documentation                     release to foreign nationals, except that
                                                    capability against personnel, soft and                  such as external system architecture                  they will be provided with the system
                                                    lightly armored targets, and air defense                diagrams, high level internal software                when the system is procured through
                                                    targets. The GMLRS–AW uses the same                     architecture diagrams, the Version                    FMS.
                                                    motor, guidance and control systems                     Description Document, and the System                     9. If a technologically advanced
                                                    fuze mechanisms, and proximity                          Administrator Manual as customized for                adversary were to obtain knowledge of
                                                    sensors as the M31A1 GMLRS Unitary.                     each individual FMS customer. The
                                                                                                                                                                  the specific hardware and software, the
                                                    The highest classification level for                    highest level of information that is
                                                                                                                                                                  information could be used to develop
                                                    release of the GMLRS–AW is SECRET,                      necessarily disclosed during
                                                                                                                                                                  countermeasures, which might reduce
                                                    based upon the software, sale or testing                maintenance of these sanitized systems
                                                                                                                                                                  weapon system effectiveness or be used
                                                    of the end item. The highest level of                   and applications is UNCLASSIFIED/
                                                    classification that must be disclosed for               FOUO. The highest level of sensitive                  in the development of a system with
                                                    production, maintenance, or training is                 information that is necessarily disclosed             similar or advanced capabilities.
                                                    CONFIDENTIAL.                                           by the sale of these sanitized systems                   10. This sale is necessary in
                                                       4. The GPS PPS component of the                      and applications is UNCLASSIFIED/                     furtherance of the U.S. foreign policy
                                                    HIMARS munitions (GMLRS Unitary,                        FOUO. The highest level of information                and national security objectives
                                                    Alternative Warhead, and ATACMS                         that is necessarily disclosed to allow                outlined in the enclosed Military Policy
                                                    Unitary) is also contained in the Fire                  system administration of these sanitized              Justification. Moreover, the benefits to
                                                    Direction System, is classified SECRET,                 systems and applications                              be derived from this sale outweigh the
                                                    and is considered SENSITIVE. To that                    UNCLASSIFIED/FOUO. The highest                        potential damage that could result if the
                                                    end, no GPS PPS design information,                     level of information that is necessarily              sensitive technology were revealed to
                                                    including GPS software algorithms, will                 disclosed in training of these sanitized              unauthorized persons. A determination
                                                    be disclosed in the course of this sale to              systems and applications is                           has been made that Romania can
                                                    country. Susceptibility of GMLRS to                     UNCLASSIFIED/FOUO. The highest                        provide the same degree of protection
                                                    diversion or exploitation is considered                 level of information that could be                    for the sensitive technology being
                                                    low risk. GMLRS employs an inertial                     revealed by reverse engineering or                    released as the U.S. Government.
                                                    navigational system that is aided by a                  testing of these systems is
                                                    Selective Availability Anti-Spoofing                                                                             11. All defense articles and services
                                                                                                            UNCLASSIFIED/FOUO. Through
                                                    Module (SAASM) equipped GPS                                                                                   listed in this transmittal have been
                                                                                                            scanning or testing these sanitized
                                                    receiver. To that end, this system                                                                            authorized for release and export to
                                                                                                            systems and applications, specific
                                                    requires encryption keys controlled by,                                                                       Romania.
                                                                                                            vulnerabilities could be disclosed, and
                                                    and issued by, the National Security                    will be treated at UNCLASSIFIED/                      [FR Doc. 2017–22984 Filed 10–23–17; 8:45 am]
                                                    Agency.                                                 FOUO. The identification of these                     BILLING CODE 5001–06–P
                                                       5. AFATDS is a multi-service (U.S.                   vulnerabilities with U.S.-only systems is
                                                    Army and U.S. Marine Corps)                             CLASSIFIED, per Section 6.3.
                                                    automated, expert decision support                      Participants of the FMS process shall                 DEPARTMENT OF DEFENSE
                                                    system used for Command, Control,                       not make references to U.S.-only system
                                                    Communications and integration and                      maintenance, administration, or                       Office of the Secretary
                                                    synchronization of fires on ground                      technical details because they could be
                                                    targets during all phases of military                   considered SECRET.                                    [Transmittal No. 17–28]
                                                    conflict. AFATDS provides the                              7. Susceptibility of ATACMS Unitary
                                                    automated tools that significantly                      M57 FMS Variant, GMLRS M30A1 and                      Arms Sales Notification
                                                    augment the capability of fire support                  M31A1 to diversion or exploitation is
                                                    coordinators, fire support assets                       considered low risk. Components of the                AGENCY: Defense Security Cooperation
                                                    commanders, and their respective staffs                 system are also considered highly                     Agency, Department of Defense.
                                                    at every echelon during the planning                    resistant to reverse engineering. Detailed
                                                    and execution of fire support on the                                                                          ACTION:   Arms sales notice.
                                                                                                            knowledge of the technical capabilities
                                                    dynamic battlefields in support of the                  of the system could enable an enemy to
                                                    Maneuver Commander and his plans.                       tailor defenses and adjust tactics and                SUMMARY:  The Department of Defense is
                                                       6. The classification of the request for             procedures to minimize the                            publishing the unclassified text of an
                                                    assistance and customized AFATDS                        effectiveness of the system.                          arms sales notification.
                                                    with sanitized and customized JMEM                         8. Susceptibility of AFATDS to                     FOR FURTHER INFORMATION CONTACT:
                                                    and LMM, and/or with functionally                       diversion or exploitation is considered               Pamela Young, (703) 697–9107,
                                                    compatible but UNCLASSIFIED                             low risk. Software of the system are also             pamela.a.young14.civ@mail.mil or
                                                    modular substitutes for COMSEC,                         considered highly resistant to reverse                Kathy Valadez, (703) 697–9217,
                                                    JMEM, and LMM capabilities, is                          engineering. Detailed knowledge of the                kathy.a.valadez.civ@mail.mil; DSCA/
                                                    available for Foreign Military Sales                    technical capabilities of the system                  DSA–RAN.
                                                    (FMS) with the following restrictions                   could enable an enemy to tailor
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                                                    and caveats. The software source code                   defenses and adjust tactics and                       SUPPLEMENTARY INFORMATION:      This
                                                    and design specifications are                           procedures to minimize the                            36(b)(1) arms sales notification is
                                                    UNCLASSIFIED but considered highly                      effectiveness of the system. Training                 published to fulfill the requirements of
                                                    sensitive and are not available for FMS.                and user manuals are unclassified but                 section 155 of Public Law 104–164
                                                    The following items, while they are                     considered sensitive and not for general              dated July 21, 1996. The following is a
                                                    unclassified they are not individually                  release to foreign nationals, except that             copy of a letter to the Speaker of the
                                                    freely and openly releasable, however,                  they will be provided with the system                 House of Representatives, Transmittal
                                                    they can be offered for FMS as                          when the system is procured through                   17–28 with attached Policy Justification
                                                    individually and specifically included                  foreign military sales. Installation                  and Sensitivity of Technology.


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Document Created: 2018-10-25 10:11:11
Document Modified: 2018-10-25 10:11:11
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
ActionArms sales notice.
ContactPamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.
FR Citation82 FR 49194 

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