[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10343-10346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02728]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-79]


36(b)(1) Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Notice.

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SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 
July 21, 1996.

FOR FURTHER INFORMATION CONTACT: Pamela Young, DSCA/SA&E-RAN, (703) 
697-9107.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 16-79 with attached Policy Justification 
and Sensitivity of Technology.

    Dated: February 6, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[GRAPHIC] [TIFF OMITTED] TN10FE17.000

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Transmittal No. 16-79
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 Kenya
    (ii) Total Estimated Value:

Major Defense Equipment...............................    $ 53.6 million
Other.................................................    $364.4 million
                                                       -----------------
  Total...............................................    $418.0 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE):
Components for Paveway II (GBU-12/58) (includes spares):
Two hundred and twenty-two (222) MXU-1006/B Airfoil Groups for GBU-58
One hundred and fourteen (114) MXU-650 Airfoil Groups for GBU-12
Three hundred and twenty-four (324) MAU-169 L/B or MAU-209 C/B CCGs for 
GBU-12/58
Three hundred and twenty-four (324) FMU-152 Fuzes for GBU-12/58
Two hundred and sixteen (216) MK-81 Bomb Bodies for GBU-58
One hundred and eight (108) MK-82/BLU-111 Bomb Bodies for GBU-12

    Components for Advanced Precision Kill Weapon System (APKWS) 
(includes spares):


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Seven hundred and fourteen (714) WGU-59/B APKWS Guidance Sections

    Non-MDE includes:
    Twelve (12) Air Tractor AT-802L aircraft; two (2) Air Tractor AT-
504 trainer aircraft; twelve (12) FMU-152 A (D-2/D-5)/B Fuzes (for 
Training/Inert); six (6) Mk-81 Trainer/Inert Bomb Bodies; six (6) Mk-82 
Trainer/Inert Bomb Bodies; Seven hundred and fourteen (714) MK-66 MOD 4 
2.75'' Rocket Motors; Seven hundred and fourteen (714) M152 HE Warheads 
(2.75'' Airborne Rocket); 505,000 rounds .50 cal ammunition; FN HMP400 
LLC Herstal 50 cal guns; MX-15HDi electro-optical/infrared (EO/IR) full 
motion video cameras with laser designation; VHF/UHF radios; LAU-131 
Launchers; AAR-47 Warning Systems; electro countermeasure display 
systems AN/ALE-47; HGU-55/P Helmet Mounted Cueing Systems; spare 
engines; initial spare parts; support equipment; studies; contract 
logistics support and technical services; publications; aircraft ferry 
and support; life support equipment; maintenance training; pilot 
training; follow-on training; alternate mission equipment; U.S. 
Government manpower services and travel; modifications and engineering 
change proposals; ground based training system; operational flight 
trainer and spares; and aircraft modification, integration, and 
support.
    (iv) Military Department: Air Force (SAA)
    (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 Annex Attached.
    (viii) Date Report Delivered to Congress: January 18, 2017
    * as defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Government of Kenya--Air Tractor Aircraft with Weapons and Related 
Support

    The Government of Kenya has requested a possible sale of up to 
twelve (12) Air Tractor AT-802L and two (2) AT-504 trainer aircraft, 
weapons package, technical support and program management. The total 
estimated program cost is $418 million.
    This proposed sale contributes to the foreign policy and national 
security of the United States by improving the security of a strong 
regional partner who is a regional security leader undertaking critical 
operations against al-Shabaab and troop contributor to the African 
Union Mission in Somalia (AMISOM).
    The proposed sale provides a needed capability in the ongoing 
efforts to counter al-Shabaab. The platform maximizes the Kenyan 
Defense Force's Close Air Support (CAS) ability because it is a short-
field aircraft capable of using precision munitions and cost effective 
logistics and maintenance.
    The proposed sale supplements Kenya's aging F-5 aircraft as it will 
be more fiscally efficient and able to be pre-positioned much closer to 
the conflict area than the F-5 fleet. The Kenyan Defense force is 
committed to modernizing its air fleet and is capable of absorbing 
these aircraft. The proposed sale of this equipment and support does 
not alter the basic military balance in the region.
    The prime contractor will be L-3 Communications, Platform 
Integration Division, Waco, Texas. There are no known offset agreements 
proposed in connection with this potential sale.
    Implementation of this proposed sale requires the assignment of at 
least five contractor representatives in Kenya.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-79
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(l) of the Arms Export Control Act
Annex
Item No. vii
    (vii) Sensitivity of Technology:
    1. This sale involves the release of sensitive technology to Kenya. 
The AT-802L weapons system is classified up to Secret. The AT-802L 
aircraft uses the AT-802 airframe and features avionics and other 
technologically sensitive systems. The AT-802L contains an MX-15HDi 
electro-optical/infrared (EO/IR) full motion video (FMV) cameras with 
laser designation; internal and external self-protection equipment; a 
modified HGU-55/P helmet that incorporates a reticle-projected HeadsUp 
Display to cue weapons and aircraft sensors to ground targets; and 
software computer programs.
    2. Sensitive and classified (up to SECRET) elements of the proposed 
AT-802L include the hardware, accessories, components, and associated 
software associated with the: MX-15HDi EO/IR FMV turret, Stores 
Management System (SMS), Missile Warning System (MWS), HGU-55/P Helmet 
Mounted Cueing System (HMCS), and air-to-ground weapons. Additional 
sensitive areas include operating manuals and maintenance technical 
orders containing performance information, operating and test 
procedures, and other information related to support operations and 
repair. The hardware, software, and data identified are classified to 
protect vulnerabilities, design and performance parameters, and other 
similar critical information.
    3. The MX-15HDi is an EO/IR FMV camera that includes a laser 
designator which creates the ability to designate ground targets for 
use with laser guided weapons. The commercially developed system 
software and hardware are UNCLASSIFIED.
    4. The SMS provides basic flight path guidance to release zone, 
mission recording and diagnostics, and continuous stores status and 
inventory management. It is an internally mounted suite. The 
commercially developed system software and hardware are UNCLASSIFIED.
    5. The AN/AAR-47 is an electronic warfare system used to protect 
against IR guided missile threats, laser-guided/laser-aided threats, 
and unguided munitions. The system, hardware components and software 
are SECRET.
    6. The AN/ALE-47 system uses information from missile warning 
sensors to determine the correct response to defeat IR and other guided 
missiles. The AN/ALE-47 is SECRET.
    7. HMCS is a modified HGU-55/P helmet that incorporates a reticle-
projected Heads-Up Display to assist with cueing weapons to ground 
targets. This system projects visual targeting information, enabling 
the pilot to monitor this information without interrupting his field of 
view through the cockpit canopy. This provides improvement for close 
combat targeting and engagement. Hardware is UNCLASSIFIED.
    8. The following munitions are part of the AT-802L configuration:
    a. The Advanced Precision Kill Weapon System (APKWS) is a low cost 
semi- active laser guidance kit developed by BAE Systems which is added 
to current unguided 70 mm rocket motors and warheads similar to and 
including the HYDRA 70 rocket. It is a low collateral damage weapon 
that can effectively strike both soft and lightly armored targets. 
APKWS turns a standard unguided 2.75 inch (70 mm) rocket into a 
precision laser-guided rocket, classification up to SECRET.
    b. The LAU-131 launcher is tube shaped, 59.8 inches in length, and 
10.125 inches in diameter. It weighs 65 pounds and is capable of 
carrying seven rockets (2.75 in or 70mm). Hardware is UNCLASSIFIED. 
Technical data and documentation provided are UNCLASSIFIED.

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    c. GBU-12/58 Paveway II (PW-II): 500-lb (GBU-12) and 250-lb (GBU-
58) are laser-guided ballistic bombs (LGBs) developed by Raytheon and 
Lockheed Martin. The LGB is a maneuverable, free-fall weapon that 
guides to a spot of laser energy reflected off of the target. The LGB 
is delivered like a normal general purpose (GP) warhead and the semi-
active guidance corrects for many of the normal errors inherent in any 
delivery system. Laser designation for the weapon can be provided by a 
variety of laser target markers or designators. The LGB consists of a 
computer control group (CCG) that is not warhead specific (MAU-169UB or 
MAU-209C/B) and a warhead specific Air Foil Group (AFG), that attach to 
the nose and tail of MK 81 and MK 82 or BLU-111 and BLU-110 General 
Purpose (GP) bomb bodies. The overall weapon is CONFIDENTIAL.
    d. The FN HMP400 LCC is a self-contained airborne weapon system 
that includes a Herstal .50 cal M3P machine gun and 250-round 
ammunition box. This system is UNCLASSIFIED.
    9. Kenya has expressed a willingness to protect United States 
classified military information equivalent to US Government standards. 
Kenya is firmly committed to its relationship with the United States 
and to its promise to protect classified information and prevent its 
transfer to a third party. This sale is needed in furtherance of USG 
foreign policy and national security interests by helping to improve 
the security of a vital partner in the AFRICOM AOR.
    10. If a technologically advanced adversary were to obtain 
knowledge of the specific hardware or software source code in this 
proposed sale, the information could be used to develop countermeasures 
which might reduce weapon system effectiveness or be used in the 
development of systems with similar or advance capabilities. The 
benefits to be derived from this sale in the furtherance of the US 
foreign policy and national security objectives, as outlined in the 
Policy Justification, outweigh the potential damage that could result 
if the sensitive technology were revealed to unauthorized persons.
    11. All defense articles and services listed in this transmittal 
have been authorized for release and export to Kenya.

[FR Doc. 2017-02728 Filed 2-9-17; 8:45 am]
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