83 FR 36908 - Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 83, Issue 147 (July 31, 2018)

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

[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36908-36911]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16323]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 18-18]


Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Arms sales notice.

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

FOR FURTHER INFORMATION CONTACT: DSCA at dsca.ncr.lmo.mbx.info@mail.mil">dsca.ncr.lmo.mbx.info@mail.mil 
or (703) 697-9709.

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 18-18 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: July 26, 2018.
Shelly E. Finke,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[GRAPHIC] [TIFF OMITTED] TN31JY18.026

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Transmittal No. 18-18
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 India
    (ii) Total Estimated Value:

Major Defense Equipment *...............................    $340 million
Other...................................................    $590 million
                                                         ---------------
  TOTAL.................................................    $930 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase: The Government of India has 
requested the sale of the following items in support of a proposed 
direct commercial sale of six (6) AH-64E Apache helicopters:
    Major Defense Equipment (MDE):

Fourteen (14) T700-GE-701D
Four (4) AN/APG-78 Fire Control Radars
Four (4) Radar Electronic Units (REU) Block III
Four (4) AN/APR-48B Modernized Radar Frequency Interferometers (M-
RFI's)
One hundred eighty (180) AGM-114L-3 Hellfire Longbow Missiles
Ninety (90) AGM-114R-3 Hellfire II Missiles
Two hundred (200) Stinger Block I-92H Missiles
Seven (7) Modernized Target Acquisition and Designation Sights (MTADS)/
Pilot Night Vision Sensors (PNVS)
Fourteen (14) Embedded Global Positioning System/Inertial Navigation 
Systems (EGI)

    Non-MDE: Also included are 2.75'' HE M151 rockets, training and 
dummy missiles, 30 mm cannons and ammunition, transponders, simulators, 
communication equipment, spare and repair parts, tools and test 
equipment, support equipment, repair and return support, personnel 
training and training equipment, publications and technical 
documentation, U.S. Government and contractor engineering and logistics 
support services, and other related elements of logistic and program 
support.
    (iv) Military Department: Army (IN-B-UAN)
    (v) Prior Related Cases, if any: IN-B-UAH
    (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: June 12, 2018

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

POLICY JUSTIFICATION

India--Support for Direct Commercial Sale of AH-64E Apache Helicopters

    The Government of India has requested to buy the following items in 
support of a proposed direct commercial sale of six (6) AH-64E Apache 
helicopters: fourteen (14) T700-GE-701D engines; four (4) AN/APG-78 
Fire Control Radars; four (4) Radar Electronic Units (REU) Block III; 
four (4) AN/APR-48B Modernized Radar Frequency Interferometers (M-
RFI's); one hundred eighty (180) AGM-114L-3 Hellfire Longbow missiles; 
ninety (90) AGM-114R-3 Hellfire II missiles; two hundred (200) Stinger 
Block I-92H missiles; seven (7) Modernized Target Acquisition 
Designation Sight/Pilot Night Vision Sensors (MTADS-PNVS); and fourteen 
(14) Embedded GPS Inertial Navigation Systems (EGI). Also included are 
rockets, training and dummy missiles, 30 mm cannons and ammunition, 
transponders, simulators, communication equipment, spare and repair 
parts, tools and test equipment, support equipment, repair and return 
support, personnel training and training equipment, publications and 
technical documentation, U.S. Government and contractor engineering and 
logistics support services, and other related elements of logistic and 
program support. The total estimated program cost is $930 million.
    This proposed sale will contribute to the foreign policy and 
national security of the United States by helping to strengthen the 
U.S.-Indian strategic relationship and to improve the security of an 
important partner which continues to be an important force for 
political stability, peace, and economic progress in South Asia.
    The proposed sale is in conjunction with and in support of a 
proposed direct commercial sale of six (6) AH-64E Apache helicopters, 
and will strengthen India's ability to defend its homeland and deter 
regional threats. This support for the AH-64E will provide an increase 
in India's defensive capability to counter ground-armored threats and 
modernize its armed forces. India will have no difficulty absorbing the 
helicopters and support equipment 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 Corporation, Orlando, 
FL; General Electric Company, Cincinnati, OH; Lockheed Martin Mission 
Systems and Sensors, Owego, NY; Longbow Limited Liability Corporation, 
Orlando, FL; and Raytheon Company, Tucson, AZ. There are no known 
offset agreements proposed in connection with this potential sale.
    Implementation of this proposed sale will require U.S. Government 
or contractor representatives to travel to India for a period of one 
week at a time to conduct a detailed discussion of the various aspects 
of the hybrid program with Government of India representatives. 
Additional travel will be required for equipment de-processing/
fielding, system checkout and new equipment training and Contractor 
Furnished Service Representatives (CFSR) for a period of thirty months.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 18-18
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 AN/APG-78 Fire Control Radar (FCR) is an active, low-
probability of intercept, millimeter-wave radar, combined with a 
passive Modernized Radar Frequency Interferometer (MRFI) mounted on top 
of the helicopter mast. The FCR Ground Targeting Mode detects, locates, 
classifies and prioritizes stationary or moving armored vehicles, tanks 
and mobile air defense systems as well as hovering helicopters, 
helicopters, and fixed wing aircraft in normal flight. The MRFI detects 
threat radar emissions and determines the type of radar and mode of 
operation. The FCR data and MRFI data are fused for maximum synergism. 
If desired, the radar data can be used to refer targets to the regular 
electro-optical Target Acquisition and Designation Sight (TADS), 
Modernized Target Acquisition and Designation Sight (MTADS), permitting 
additional visual/infrared imagery and control of weapons, including 
the semi active laser version of the Hellfire. Critical system 
information is stored in the FCR in the form of mission executable 
code, target detection, classification algorithms and coded threat 
parametrics. This information is provided in a form that cannot be 
extracted by the foreign user due to anti-tamper provisions built into 
the system. The content of these items is classified SECRET.
    2. The Modernized Target Acquisition and Designation Sight/
Modernized Pilot Night Vision Sensor (M-TADS/M-PNVS) provides second 
generation day, night, limited adverse weather target

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information, as well as night navigation capabilities. The MPNVS 
provides second generation thermal imaging that permits nap-of-the-
earth flight to, from, and within the battle area, while M-TADS 
provides the co-pilot gunner with improved search, detection, 
recognition, and designation by means of Direct View Optics (DVO), I\2\ 
television, second generation Forward Looking Infrared (FLIR) sighting 
systems that may be used singularly or in combinations. Hardware and 
releasable technical manuals are UNCLASSIFIED.
    3. The AN/APR-48B Modernized Radar Frequency Interferometer (M-RFI) 
is an updated version of the passive radar detection and direction 
finding system. It utilizes a detachable User Data Module (UDM) on the 
M-RFI processor, which contains the Radar Frequency (RF) threat 
library. The UDM, which is a hardware assemblage item, is classified 
CONFIDENTIAL when programmed with threat parametrics, threat priorities 
and/or techniques derived from U.S. intelligence information. Hardware 
becomes CLASSIFIED when populated with threat parametric data. 
Releasable technical manuals are UNCLASSIFIED.
    4. The Hellfire AGM-114 missile is an air-to-surface missile with a 
multi-mission, multi target, precision strike capability. The Hellfire 
can be launched from multiple air platforms and is the primary 
precision weapon for the United States.
    a. The Hellfire Longbow Missile (AGM-114L3) provides an adverse 
weather, fire-and-forget missile version of the Hellfire Missile 
System, incorporating a millimeter wave radar seeker on a Hellfire II 
aft section bus. The Hellfire Longbow Missile is designed to engage and 
defeat individual hardpoint targets and minimize exposure time to enemy 
fire, which greatly increases the AH-64E Longbow survivability factor. 
The AGM-114L3 non-NATO export version will be provided. The weapon 
system hardware, as an ``All Up Round'', is UNCLASSIFIED. The AGM-114L3 
missile software is SECRET. The highest level of classified information 
that could be disclosed by a proposed sale or by testing of the end 
item is SECRET and the highest level that must be disclosed for 
production, maintenance, or training is CONFIDENTIAL. Vulnerability 
data, countermeasures, vulnerability/susceptibility analyses, and 
threat definitions are classified SECRET or CONFIDENTIAL.
    b. The highest level for release of the AGM-114R Hellfire II 
missile is SECRET, based upon the software. The highest level of 
classified information that could be disclosed by a proposed sale or by 
testing 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. 
Vulnerability data, Countermeasures, vulnerability/susceptibility 
analyses, and threat definitions are classified up to SECRET.
    5. The STINGER Block I 92H International Missile System, hardware, 
software and documentation contain SENSITIVE technology and are 
classified CONFIDENTIAL. The guidance section of the missile and 
captive flight trainer contain highly SENSITIVE technology and are 
classified CONFIDENTIAL. No man-portable grip stocks will be sold under 
this LOA.
    Missile system hardware and fire unit components contain SENSITIVE 
critical technologies. STINGER critical technology is primarily in the 
area of design and production know-how and not end-items. This 
SENSITIVE/critical technology is inherent in the hybrid microcircuit 
assemblies; microprocessors; magnetic and amorphous metals; 
purification; firmware; printed circuit boards; laser range finder; 
dual detector assembly; detector filters; missile software; optical 
coatings; ultraviolet sensors; semi-conductor detectors infrared band 
sensors; compounding and handling of electronic, electro-optic, and 
optical materials; equipment operating instructions; energetic 
materials formulation technology; energetic materials fabrication and 
loading technology; and warhead components seeker assembly. Information 
on vulnerability to electronic countermeasures and countermeasures, 
system performance capabilities and effectiveness, and test data are 
classified up to SECRET.
    6. The Stinger Captive Flight Trainer (CFT) is a Stinger missile 
guidance assembly in a launch tube. The CFT provides operator training 
in target acquisition, tracking, engagement, loading/unloading and 
sustainment training at the unit. The hardware is classified 
CONFIDENTIAL. Releasable technical manuals are UNCLASSIFIED.
    7. If a technologically advanced adversary were to obtain knowledge 
of specific hardware, the information could be used to develop 
countermeasures which might reduce weapons system effectiveness or be 
used in the development of a system with similar or advanced 
capabilities.
    8. A determination has been made that India can provide 
substantially the same degree of protection for sensitive technology 
being released as the U.S. Government. This proposed sustainment 
program is necessary to the furtherance of the U.S. foreign policy and 
national security objectives outlined in the policy justification.
    9. All defense articles and services listed on this transmittal are 
authorized for release and export to the Government of the India.

[FR Doc. 2018-16323 Filed 7-30-18; 8:45 am]
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