[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9502-9505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03117]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 21-42]


Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense 
(DoD).

ACTION: Arms sales notice.

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

FOR FURTHER INFORMATION CONTACT: Neil Hedlund at 
[email protected] or (703) 697-9214.

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 21-42 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: February 9, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[GRAPHIC] [TIFF OMITTED] TN14FE23.013

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Transmittal No. 21-42

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 Australia.
    (ii) Total Estimated Value:

Major Defense Equipment *................  $2.5 billion.
Other....................................  $1.0 billion
                                          ------------------------------
  Total..................................  $3.5 billion.
 

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

Twenty-nine (29) AH-64E Apache Attack Helicopters
Sixty-four (64) T700-GE 701D Engines (58 installed, 6 spares)
Twenty-nine (29) AN/ASQ-170 Modernized Target Acquisition and 
Designation Sight/AN/AAR-11 Modernized Pilot Night Vision Sensors 
(M-TADS/PNVS)
Sixteen (16) AN/APG-78 Fire Control Radars (FCR) with Radar 
Electronic Units
Twenty-nine (29) AN/APR-48B Modernized Radar Frequency 
Interferometers (MRFI)
Seventy (70) Embedded Global Positioning Systems with Inertial 
Navigation Systems plus Multi-Mode Receiver (EGI+MMR) (58 installed, 
12 spares)
Thirty-five (35) AAR-57 Common Missile Warning Systems (CMWS) (29 
installed, 6 spares)

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Seventy (70) AN/ARC-231A Very High Frequency/Ultra High Frequency 
(VHF/UHF) Radios (58 installed, 12 spares)
Eighty-five (85) AGM-114R Hellfire Missiles
Twenty-nine (29) M36E8 Hellfire Captive Air Training Missiles (CATM)
Two thousand (2,000) Advanced Precision Kill Weapon System Guidance 
Sections (APKWS-GS)

    Non-MDE:
    Also included are AN/APR-39 Radar Signal Detecting Sets; AN/AVR-
2B Laser Detecting Sets; AN/APX-123A Identification Friend or Foe 
(IFF) transponders; IDM-401 Improved Data Modems; Link-16 Small 
Tactical Terminal KOR-24-A; Improved Countermeasure Dispensing 
System (ICMD); AN/ARN-149 (V)3 Automatic Direction Finders; Doppler 
ASN-157 Doppler Radar Velocity Sensors; AN/APN-209 Radar Altimeters 
Common Core (RACC); AN/ARN-153 Tactical Air Navigation Set (TACAN); 
AN/PYQ-10(C) Simple Key Loader; M230E1 + M139 AWS Automatic Gun; 
M261 Rocket Launchers; M299 missile launchers; 2.75 inch rockets; 
30mm rounds; High Explosive Warhead for airborne 2.75 rockets, 
inert; MK66-4 2.75 inch rocket High Explosive warhead M151 fuze M423 
motor; MK66-4 2.75 inch rocket warhead M274 motor; MK66-4 2.75 inch 
rocket motor; M151HE 2.75 inch warhead; Manned-Unmanned Teaming-2 
(MUMT-X) video receivers; Manned-Unmanned Teaming-2 (MUMT-X) Air-
Air-Ground kits; training devices; communication systems; helmets; 
simulators; generators; transportation and organization equipment; 
spare and repair parts; support equipment; tools and test equipment; 
technical data and publications; personnel training and training 
equipment; U.S. Government and contractor technical assistance; 
technical and logistics support services; and other related elements 
of program and logistical support.
    (iv) Military Department: Army (AU-B-ULV).
    (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: June 3, 2021.
    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Australia--AH-64E Apache Helicopters

    The Government of Australia has requested to buy twenty-nine 
(29) AH-64E Apache attack helicopters; sixty-four (64) T700-GE 701D 
engines (58 installed, 6 spares); twenty-nine (29) AN/ASQ-170 
Modernized Target Acquisition and Designation Sight/AN/AAR-11 
Modernized Pilot Night Vision Sensors (M-TADS/PNVS); sixteen (16) 
AN/APG-78 Fire Control Radars (FCR) with Radar Electronic Units; 
twenty-nine (29) AN/APR-48B Modernized Radar Frequency 
Interferometers (MRFI); seventy (70) Embedded Global Positioning 
Systems with Inertial Navigation Systems plus Multi-Mode Receiver 
(EGI+MMR) (58 installed, 12 spares); thirty-five (35) AAR-57 Common 
Missile Warning Systems (CMWS) (29 installed, 6 spares); seventy 
(70) AN/ARC-231A Very High Frequency/Ultra High Frequency (VHF/UHF) 
radios (58 installed, 12 spares); eighty-five (85) AGM-114R Hellfire 
missiles; twenty-nine (29) M36E8 Hellfire Captive Air Training 
Missiles (CATM); and two thousand (2,000) Advanced Precision Kill 
Weapon System Guidance Sections (APKWS-GS). Also included are AN/
APR-39 Radar Signal Detecting Sets; AN/AVR-2B Laser Detecting Sets; 
AN/APX-123A Identification Friend or Foe (IFF) transponders; IDM-401 
Improved Data Modems; Link-16 Small Tactical Terminal KOR-24-A; 
Improved Countermeasure Dispensing System (ICMD); AN/ARN-149 (V)3 
Automatic Direction Finders; Doppler ASN-157 Doppler Radar Velocity 
Sensors; AN/APN-209 Radar Altimeters Common Core (RACC); AN/ARN-153 
Tactical Air Navigation Set (TACAN); AN/PYQ-10(C) Simple Key Loader; 
M230E1 + M139 AWS Automatic Gun; M261 Rocket Launchers; M299 missile 
launchers; 2.75 inch rockets; 30mm rounds; High Explosive Warhead 
for airborne 2.75 rockets, inert; MK66-4 2.75 inch rocket High 
Explosive warhead M151 fuze M423 motor; MK66-4 2.75 inch rocket 
warhead M274 motor; MK66-4 2.75 inch rocket motor; M151HE 2.75 inch 
warhead; Manned-Unmanned Teaming-2 (MUMT-X) video receivers; Manned-
Unmanned Teaming-2 (MUMT-X) Air-Air-Ground kits; training devices; 
communication systems; helmets; simulators; generators; 
transportation and organization equipment; spare and repair parts; 
support equipment; tools and test equipment; technical data and 
publications; personnel training and training equipment; U.S. 
Government and contractor technical assistance; technical and 
logistics support services; and other related elements of program 
and logistical support. The total estimated value is $3.5 billion.
    The proposed sale will improve Australia's capability to meet 
current and future threats, and will enhance interoperability with 
U.S. forces and other allied forces. Australia will use the enhanced 
capability to strengthen its homeland defense and provide greater 
security for its critical infrastructure. Australia will have no 
difficulty absorbing these Apache aircraft 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 involved in this program will be Boeing, 
Mesa, AZ; and Lockheed Martin, Orlando, FL. The purchaser typically 
requests offsets. Any offset agreement will be defined in 
negotiations between the purchaser and the contractor(s).
    Implementation of this proposed sale will require the assignment 
of eight (8) contractor representatives to Australia.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.

Transmittal No. 21-42

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 AH-64E Apache Attack Helicopter is the Army's advanced 
attack helicopter equipped for performing close air support, anti-
armor, and armed reconnaissance missions. The aircraft contains the 
following sensitive communications and target identification 
equipment, navigation equipment, aircraft survivability equipment, 
displays, and sensors:
    a. The AN/ARC-231 Ultra High Frequency (UHF) radio is a software 
defined radio for military aircraft that provides two-way multi-mode 
voice and data communications. It provides joint service standard 
line of sight (LOS), HAVE QUICK, SATURN, and SINCGARS electronic 
counter-counter measures (ECCM), along with integrated waveform 
satellite communications (SATCOM).
    b. The AN/APX-123A Identify Friend-or-Foe (IFF) digital 
transponder set provides pertinent platform information in response 
to an IFF interrogator. The digital transponder provides cooperative 
Mark XII IFF capability using full diversity selection, as well as 
Mode Select (Mode S) capability. In addition, transponder operation 
provides interface capability with the aircraft's Traffic Collision 
and Avoidance System (TCAS). The transponder receives pulsed radio 
frequency interrogation signals in any of six modes (1, 2, 3/A, S, 
and 5), decodes the signals, and transmits a pulsecoded reply. The 
Mark XII IFF operation includes Selective Identification Feature 
(SIF) Modes 1, 2, 3/A and C, as well as secure cryptographic Mode 5 
operational capability.
    c. Link 16 Datalink is a military tactical data link network. 
Link 16 provides aircrews with enhanced situational awareness and 
the ability to exchange target information to Command and Control 
(C2) assets via Tactical Digital Information Link-Joint (TADIL-J). 
Link 16 can provide a range of combat information in near-real time 
to U.S. and allies' combat aircraft and C2 centers. The AH-64E uses 
the Harris Small Tactical Terminal (SIT) KOR-24A to provide Airborne 
and Maritime/Fixed Station (AMF) Small Airborne Link 16 Terminal 
(SALT) capability. The SIT is the latest generation of small, two-
channel, Link 16 and VHF/UHF radio terminals. While in flight, the 
SIT provides simultaneous communication, voice or data, on two key 
waveforms.
    d. The AN/APR-39 Radar Warning Receiver Signal Detecting Set is 
a system that provides warning of a radar directed air defense 
threat and allows appropriate countermeasures. This is the 1553 
databus compatible configuration.
    e. The AN/AVR-2B Laser Warning Set is a passive laser warning 
system that receives, processes and displays threat information 
resulting from aircraft illumination by lasers on the aircraft's 
multi-functional display.
    f. The AAR-57 Common Missile Warning System (CMWS) detects 
energy emitted by threat missile in-flight, evaluates potential

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false alarm emitters in the environment, declares validity of threat 
and selects appropriate counter-measures for defeat. The CMWS 
consists of an Electronic Control Unit (ECU), Electro-Optic Missile 
Sensors (EOMSs), and Sequencer and Improved Countermeasures 
Dispenser (ICMD).
    g. The AH-64E uses two EAGLE+MMR embedded GPS/Inertial 
navigation systems with Multi-Mode Receiver. The EAGLE+MMR is a 
self-contained, all-attitude navigation system with embedded GPS 
receiver, controlled via MIL-STD-1553B controller, providing output 
navigation and GPS timing data to support ADS-B out and other 
platform systems. The EAGLE's EGI unit houses a 24 channel GPS 
receiver which is capable of operating in either Standard 
Positioning Service (SPS) C/A-code (non-encrypted) or Precise 
Positioning Service (PPS) Y-code (encrypted). The Eagle + MMR is 
pending aircraft testing and air worthiness rating (AWR) approval, 
with flight tests anticipated to start in April 2021. AWR approval 
is expected prior to the proposed sale to Australia.
    h. The AN/ASQ-170 Modernized Target Acquisition and Designation 
Sight/AN/AAQ-11 Pilot Night Vision Sensor (MTADS/PNVS) provides day, 
night, limited adverse weather target information, as well as night 
navigation capabilities. The PNVS provides thermal imaging that 
permits nap-of-the-earth flight to, from, and within the battle 
area, while TADS provides the co-pilot gunner with search, 
detection, recognition, and designation by means of Direct View 
Optics (DVO), television, and Forward Looking Infrared (FLIR) 
sighting systems that may be used singularly or in combinations.
    i. 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 UDM on the M-RFI 
processor, which contains the Radar Frequency (RF) threat library.
    j. The AN/APG-78 Longbow Fire Control Radar (FCR) with Radar 
Electronics Unit (REU) is an active, low-probability of intercept, 
millimeter wave radar. The active radar is combined with a passive 
Radar Frequency Interferometer (RFI) 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. 
If desired, the radar data can be used to refer targets to the 
regular electro-optical Modernized Target Acquisition and 
Designation Sight (MTADS).
    k. The Manned-Unmanned Teaming X (MUM-Tx) data link system 
provides cross-platform communication and teaming between Apache, 
unmanned aerial systems (UAS), and other interoperable aircraft and 
ground platforms. It provides the ability to display real-time UAS 
sensor information and MTADs full motion video feeds across MUM-T 
equipped platforms and ground stations.
    l. The M299 Missile Launcher, commonly known as the Longbow 
Hellfire Launcher (LBHL), is a four rail launcher designed to carry 
the complete family of AGM-114 Hellfire missiles.
    m. The AGM-114R Hellfire is a semi-active laser guided missile 
with a multi-purpose warhead that can engage and defeat both high 
and heavily armored targets, personnel, bunkers, caves and urban 
structures.
    n. The Hellfire M36E9 Captive Air Training Missile (CATM) is a 
flight-training missile that consists of a functional guidance 
section coupled to an inert missile bus. It functions like a 
tactical missile during captive carry on the aircraft, absent launch 
capability, making it suitable for training the aircrew in simulated 
Hellfire missile target acquisition and lock.
    o. The M261 2.75 Inch Rocket Launcher is a nineteen tube, three 
zone rocket launcher utilized on heavy attack aircraft. It is used 
to fire the Hydra 70 2.75 inch rocket, an unguided, fin-stabilized 
air-to-ground rocket that utilizes a variety of warhead and fuze 
combinations to achieve a range of effects.
    p. The AGR-20A Advanced Precision Kill Weapons System (APWKS) is 
a conversion of the 2.75 inch Hydra 70 rocket which adds a laser 
guidance kit to enable precision targeting.
    2. The highest level of classification of defense articles, 
components, and services included in this potential sale is SECRET.
    3. If a technologically advanced adversary were to obtain 
knowledge of the specific hardware and software elements, the 
information could be used to develop countermeasures that might 
reduce weapon system effectiveness or be used in the development of 
a system with similar or advanced capabilities.
    4. A determination has been made that the Government of 
Australia can provide substantially the same degree of protection 
for the sensitive technology being released as the U.S. Government. 
This sale is necessary in furtherance of the U.S. foreign policy and 
national security objectives outlined in the Policy Justification.
    5. All defense articles and services listed in this transmittal 
are authorized for release and export to the Government of 
Australia.

[FR Doc. 2023-03117 Filed 2-13-23; 8:45 am]
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