[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49194-49197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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.
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[GRAPHIC] [TIFF OMITTED] TN24OC17.003

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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,

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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

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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]
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