83 FR 10440 - Arms Sales Notification
DEPARTMENT OF DEFENSE Federal Register Volume 83, Issue 47 (March 9, 2018)
Federal Register Volume 83, Issue 47 (March 9, 2018)
| Page Range | 10440-10442 | |
| FR Document | 2018-04822 |
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)] [Notices] [Pages 10440-10442] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04822] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE [Transmittal No. 18-02] 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 18-02 with attached Policy Justification and Sensitivity of Technology. Dated: March 6, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P [[Page 10441]] [GRAPHIC] [TIFF OMITTED] TN09MR18.005 BILLING CODE 5001-06-C Transmittal No. 18-02 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 Ukraine (ii) Total Estimated Value: Major Defense Equipment *................ $29.5 million Other.................................... $17.5 million ------------------------------ Total.................................. $47.0 million (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: Major Defense Equipment (MDE): Two hundred ten (210) Javelin Missiles Thirty-seven (37) Javelin Command Launch Units (CLU) (includes two (2) CLUs to be used as spares) Non-MDE: Also included are Basic Skill Trainers (BST); United States Government (USG) and contractor technical assistance, transportation, training and other related elements of logistics and program support. (iv) Military Department: Army (UP-B-UBT) (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 [[Page 10442]] Defense Services Proposed to be Sold: See Attached Annex (viii) Date Report Delivered to Congress: March 1, 2018 * As defined in Section 47(6) of the Arms Export Control Act. POLICY JUSTIFICATION Ukraine--Javelin Missiles and Command Launch Units The Government of Ukraine has requested to buy two hundred ten (210) Javelin Missiles and thirty-seven (37) Javelin Command Launch Units (CLUs) (includes two (2) Javelin CLUs to be used as spares). Also included are Basic Skill Trainers (BST); United States Government and contractor technical assistance, transportation, training and other related elements of logistics and program support. The total estimated cost is not to exceed $47 million. This proposed sale will contribute to the foreign policy and national security of the United States by improving the security of Ukraine. The Javelin system will help Ukraine build its long-term defense capacity to defend its sovereignty and territorial integrity in order to meet its national defense requirements. Ukraine 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 Raytheon/Lockheed Martin Javelin Joint Venture of Orlando, Florida and Tucson, Arizona. However, these missiles are being provided from U.S. Army stocks and the CLUs will be obtained from on-hand Special Defense Acquisition Fund (SDAF)-purchased stocks. There are no known offset agreements proposed in conjunction with this potential sale. Implementation of this proposed sale will require U.S. Government and/or contractor representatives to travel to Ukraine temporarily in order to conduct training. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. Transmittal No. 18-02 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 Javelin Weapon System is a medium-range, man portable, shoulder-launched, fire and forget, anti-tank system for infantry, scouts, and combat engineers. The system weighs 49.5 pounds and has a maximum range in excess of 2,500 meters. They system is highly lethal against tanks and other systems with conventional and reactive armors. The system possesses a secondary capability against bunkers. 2. Javelin's key technical feature is the use of fire-and-forget technology which allows the gunner to fire and immediately relocate or take cover. Additional special features are the top attack and/or direct fire modes, an advanced tandem warhead and imaging infrared seeker, target lock-on before launch, and soft launch from enclosures or covered fighting positions. The Javelin missile also has a minimum smoke motor thus decreasing its detection on the battlefield. 3. The Javelin Weapon System is comprised of two major tactical components, which are a reusable Command Launch Unit (CLU) and a round contained in a disposable launch tube assembly. The CLU incorporates an integrated day-night sight that provides a target engagement capability in adverse weather and countermeasure environments. The CLU may also be used in a stand-alone mode for battlefield surveillance and target detection. The CLU's thermal sight is a second generation Forward Looking Infrared (FLIR) sensor. To facilitate initial loading and subsequent updating of software, all on-board missile software is uploaded via the CLU after mating and prior to launch. 4. The missile is autonomously guided to the target using an imaging infrared seeker and adaptive correlation tracking algorithms. This allows the gunner to take cover or reload and engage another target after firing a missile. The missile has an advanced tandem warhead and can be used in either the top attack or direct fire modes (for target undercover). An onboard flight computer guides the missile to the selected target. 5. The Javelin Missile System hardware and the documentation are UNCLASSIFIED. The missile software which resides in the CLU is considered SENSITIVE. The sensitivity is primarily in the software programs which instruct the system how to operate in the presence of countermeasures. The overall hardware is also considered sensitive in that the infrared wavelengths could be useful in attempted countermeasure development. 6. If a technologically advanced adversary obtains knowledge of the specific hardware and software elements, the information could be used to develop countermeasures or equivalent systems that might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities. 7. A determination has been made that Ukraine can provide substantially the same degree of protection for the sensitive technology being released as the U.S. Government. This proposed sale is necessary to further the U.S. foreign policy and national security objectives outlined in the Policy Justification. 8. All defense articles and services listed on this transmittal are authorized for release and export to the Government of Ukraine. [FR Doc. 2018-04822 Filed 3-8-18; 8:45 am] BILLING CODE 5001-06-P
![10440 Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices
quantitative analysis therein, and the ways of accepting comments, the the Bureau’s Director presented at a
data on which they rely. timeframe to post comments, treatment public event or press call, other high-
d. The proposed regulatory text and of duplicative or largely duplicative level or summary material regarding the
commentary, including the Bureau’s use comments, posting similar or related content of the final rule, and select
of commentary, appendices, and model comments in batches rather than as regulatory implementation materials.
or sample forms to provide separate entries, treatment of Authority: 12 U.S.C. 5511(c).
interpretations and illustrations of anonymous comments, treatment of
regulatory text and, relatedly, the level comments where there may be questions Dated: March 6, 2018.
of detail and the quantity of examples about the commenter’s identity, and Mick Mulvaney,
contained in proposed commentary. ways to tabulate comments received. Acting Director, Bureau of Consumer
5. The Bureau’s issuance of the 9. Outreach and engagement by the Financial Protection.
NPRM, including the Bureau’s general Bureau during and after the comment [FR Doc. 2018–04824 Filed 3–8–18; 8:45 am]
practice of releasing the NPRM on its period, including meetings with BILLING CODE 4810–AM–P
website in advance of publication in the stakeholders, and disclosure of such
Federal Register, and supporting communications under the Bureau’s ex
materials the Bureau may release parte policy.20
simultaneously with an NPRM, such as 10. Consideration of new data, DEPARTMENT OF DEFENSE
a press release or consumer-facing blog studies, and reports issued by other
post, as well as other high-level or agencies or third parties after the NPRM [Transmittal No. 18–02]
summary material regarding the content is released.
of the NPRM. Arms Sales Notification
6. Comment periods for NPRMs, Final Rules
including the length of the comment AGENCY: Defense Security Cooperation
11. The content of the notice issuing
period and extensions of comment Agency, Department of Defense.
the final rule, including each of the
periods in certain circumstances, elements listed above in topic 4 (for ACTION: Arms sales notice.
whether and in what circumstances the NPRMs) as well as the Bureau’s
Bureau should provide ‘‘reply periods’’ explanation of its rationale for the final SUMMARY: The Department of Defense is
for commenters to review and formally rule, the discussion in the section-by- publishing the unclassified text of an
respond to other commenters’ comment section analysis about the final rule’s arms sales notification.
letters, and whether and to what extent regulatory text and commentary, the FOR FURTHER INFORMATION CONTACT:
the Bureau should consider comments summary of and response to comments Pamela Young, (703) 697–9107,
received after the close of the comment received on the NPRM (including those pamela.a.young14.civ@mail.mil or
period. specifically regarding the impact Kathy Valadez, (703) 697–9217,
7. Mechanisms for encouraging analyses), and the explanation of kathy.a.valadez.civ@mail.mil; DSCA/
additional feedback on all or part of a changes from the NPRM. DSA–RAN.
NPRM, including the use of online tools 12. The Bureau’s release of the final SUPPLEMENTARY INFORMATION: This
to solicit public feedback such as, for rule on its website in advance of 36(b)(1) arms sales notification is
example, the Bureau’s engagement from publication in the Federal Register and published to fulfill the requirements of
2012 to 2014 with Cornell University’s supporting materials the Bureau may section 155 of Public Law 104–164
eRulemaking Initiative to garner public release simultaneously with a final rule, dated July 21, 1996. The following is a
feedback via Cornell’s website.19 which may include a press release, copy of a letter to the Speaker of the
8. The Bureau’s processing and consumer-facing blog post, remarks by House of Representatives, Transmittal
posting of comments received to its
18–02 with attached Policy Justification
electronic docket on http:// 20 See Policy on Ex Parte Presentations in
and Sensitivity of Technology.
www.regulations.gov, including the Rulemakings, 76 FR 18687 (Apr. 21, 2017) (revising
policy in place since August 16, 2011). Written ex Dated: March 6, 2018.
19 Reports based on comments received using this parte communications and summaries of oral ex Aaron Siegel,
process were included in the relevant rulemaking parte communications are posted to the rulemaking
docket on http://www.regulations.gov together with
Alternate OSD Federal Register Liaison
dockets. See Cornell U., ‘‘Cornell eRulemaking
Initiative,’’ http://regulationroom.org (last visited public comments received through the avenues Officer, Department of Defense.
Feb. 26, 2018). specified in the NPRM. BILLING CODE 5001–06–P
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![10442 Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices
Defense Services Proposed to be Sold: 1. The Javelin Weapon System is a wavelengths could be useful in
See Attached Annex medium-range, man portable, shoulder- attempted countermeasure
(viii) Date Report Delivered to launched, fire and forget, anti-tank development.
Congress: March 1, 2018 system for infantry, scouts, and combat 6. If a technologically advanced
* As defined in Section 47(6) of the engineers. The system weighs 49.5 adversary obtains knowledge of the
Arms Export Control Act. pounds and has a maximum range in specific hardware and software
excess of 2,500 meters. They system is elements, the information could be used
POLICY JUSTIFICATION highly lethal against tanks and other to develop countermeasures or
Ukraine—Javelin Missiles and systems with conventional and reactive equivalent systems that might reduce
Command Launch Units armors. The system possesses a weapon system effectiveness or be used
secondary capability against bunkers. in the development of a system with
The Government of Ukraine has
2. Javelin’s key technical feature is the similar or advanced capabilities.
requested to buy two hundred ten (210)
use of fire-and-forget technology which
Javelin Missiles and thirty-seven (37) 7. A determination has been made
allows the gunner to fire and
Javelin Command Launch Units (CLUs) that Ukraine can provide substantially
immediately relocate or take cover.
(includes two (2) Javelin CLUs to be the same degree of protection for the
Additional special features are the top
used as spares). Also included are Basic sensitive technology being released as
attack and/or direct fire modes, an
Skill Trainers (BST); United States the U.S. Government. This proposed
advanced tandem warhead and imaging
Government and contractor technical sale is necessary to further the U.S.
infrared seeker, target lock-on before
assistance, transportation, training and foreign policy and national security
launch, and soft launch from enclosures
other related elements of logistics and or covered fighting positions. The objectives outlined in the Policy
program support. The total estimated Javelin missile also has a minimum Justification.
cost is not to exceed $47 million. smoke motor thus decreasing its 8. All defense articles and services
This proposed sale will contribute to detection on the battlefield. listed on this transmittal are authorized
the foreign policy and national security 3. The Javelin Weapon System is for release and export to the
of the United States by improving the comprised of two major tactical Government of Ukraine.
security of Ukraine. The Javelin system components, which are a reusable [FR Doc. 2018–04822 Filed 3–8–18; 8:45 am]
will help Ukraine build its long-term Command Launch Unit (CLU) and a BILLING CODE 5001–06–P
defense capacity to defend its round contained in a disposable launch
sovereignty and territorial integrity in tube assembly. The CLU incorporates an
order to meet its national defense integrated day-night sight that provides DEPARTMENT OF DEFENSE
requirements. Ukraine will have no a target engagement capability in
difficulty absorbing this system into its adverse weather and countermeasure
armed forces. [Transmittal No. 17–78]
environments. The CLU may also be
The proposed sale of this equipment used in a stand-alone mode for Arms Sales Notification
and support will not alter the basic battlefield surveillance and target
military balance in the region. detection. The CLU’s thermal sight is a AGENCY: Defense Security Cooperation
The prime contractors will be second generation Forward Looking Agency, Department of Defense.
Raytheon/Lockheed Martin Javelin Joint Infrared (FLIR) sensor. To facilitate
Venture of Orlando, Florida and ACTION: Arms sales notice.
initial loading and subsequent updating
Tucson, Arizona. However, these of software, all on-board missile SUMMARY: The Department of Defense is
missiles are being provided from U.S. software is uploaded via the CLU after publishing the unclassified text of an
Army stocks and the CLUs will be mating and prior to launch. arms sales notification.
obtained from on-hand Special Defense 4. The missile is autonomously
Acquisition Fund (SDAF)-purchased guided to the target using an imaging FOR FURTHER INFORMATION CONTACT:
stocks. There are no known offset infrared seeker and adaptive correlation Pamela Young, (703) 697–9107,
agreements proposed in conjunction tracking algorithms. This allows the pamela.a.young14.civ@mail.mil or
with this potential sale. gunner to take cover or reload and Kathy Valadez, (703) 697–9217, kathy.a.
Implementation of this proposed sale engage another target after firing a valadez.civ@mail.mil; DSCA/DSA–
will require U.S. Government and/or missile. The missile has an advanced RAN.
contractor representatives to travel to tandem warhead and can be used in SUPPLEMENTARY INFORMATION: This
Ukraine temporarily in order to conduct either the top attack or direct fire modes 36(b)(1) arms sales notification is
training. (for target undercover). An onboard published to fulfill the requirements of
There will be no adverse impact on flight computer guides the missile to the section 155 of Public Law 104–164
U.S. defense readiness as a result of this selected target. dated July 21, 1996. The following is a
proposed sale. 5. The Javelin Missile System copy of a letter to the Speaker of the
Transmittal No. 18–02 hardware and the documentation are House of Representatives, Transmittal
UNCLASSIFIED. The missile software
Notice of Proposed Issuance of Letter of 17–78 with attached Policy Justification
which resides in the CLU is considered
Offer Pursuant to Section 36(b)(1) of the and Sensitivity of Technology.
SENSITIVE. The sensitivity is primarily
Arms Export Control Act in the software programs which instruct Dated: March 6, 2018.
amozie on DSK30RV082PROD with NOTICES
Annex the system how to operate in the Aaron Siegel,
presence of countermeasures. The Alternate OSD Federal Register Liaison
Item No. vii overall hardware is also considered Officer, Department of Defense.
(vii) Sensitivity of Technology: sensitive in that the infrared BILLING CODE 5001–06–P
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Document Created: 2018-03-09 03:48:38
Document Modified: 2018-03-09 03:48:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Arms sales notice. | |
| Contact | Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN. | |
| FR Citation | 83 FR 10440 |
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