[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45862-45864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11519]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 22-17]


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 22-17 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: May 21, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[GRAPHIC] [TIFF OMITTED] TN24MY24.004

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Transmittal No. 22-17
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: NATO Support and Procurement Agency 
(NSPA) as Lead Nation for Belgium, Czech Republic, Denmark, Finland, 
Greece, Hungary, Italy, the Netherlands, Norway, Poland, Portugal, 
Spain and the United Kingdom
    (ii) Total Estimated Value:

Major Defense Equipment *................  $21.8 million
Other....................................  $ 0.9 million
                                          ------------------------------
  Total..................................  $22.7 million
 

    Funding Source: National Funds
    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase: Foreign Military Sales (FMS) 
case N4-D-YAB, was below congressional notification threshold at $1.87 
million ($1.78 million in MDE) and included forty (40) GBU-39/B Small 
Diameter Bombs, Increment I. NATO Support and Procurement Agency as 
Lead Nation has

[[Page 45864]]

requested the case be amended to include the below listed, additional 
MDE and non-MDE items and services. This amendment will push the 
current case above the MDE notification threshold and thus requires 
notification of the entire case.
    Major Defense Equipment (MDE):

Two hundred seventy-nine (279) GBU-39/B Small Diameter Bombs, Increment 
I
Two hundred four (204) FMU-152 Fuzes
Two hundred four (204) MK-82 500LB General Purpose Bombs
Fifty (50) BLU-109 2000LB Hard Target Penetrator Bombs

    Non-MDE:
    Also included are smoke signal cartridges; engineering and 
technical support and assistance; and other related elements of 
logistical and program support.
    (iv) Military Department: Air Force (N4-D-YAB)
    (v) Prior Related Cases, if any: None
    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be 
Paid: None known at this time
    (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 22, 2022
    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

NATO Support and Procurement Agency (NSPA)--Precision Guided Munitions

    NATO Support and Procurement Agency as Lead Nation has requested 
the possible sale of two hundred thirty-nine (239) GBU-39/B Small 
Diameter Bombs, Increment I; two hundred four (204) FMU-152 fuzes; two 
hundred four (204) MK-82 500LB General Purpose Bombs; and fifty (50) 
BLU-109 2000LB Hard Target Penetrator Bombs, that will be added to a 
previously implemented case. The original FMS case, valued at $1.87 
million, included forty (40) GBU-39/B Small Diameter Bombs, Increment 
I. Therefore, this notification is for a total of two hundred seventy-
nine (279) GBU-39/B Small Diameter Bombs, Increment I; two hundred four 
(204) FMU-152 fuzes; two hundred four (204) MK-82 500LB General Purpose 
Bombs; and fifty (50) BLU-109 2000LB Hard Target Penetrator Bombs. Also 
included are smoke signal cartridges; engineering and technical support 
and assistance; and other related elements of logistical and program 
support. The total estimated cost is $22.7 million.
    This proposed sale supports the foreign policy and national 
security of the United States by increasing the flexibility of Belgium, 
Czech Republic, Denmark, Finland, Greece, Hungary, Italy, the 
Netherlands, Norway, Poland, Portugal, Spain, and the United Kingdom, 
twelve NATO nations and one NATO enhanced opportunity partner nation, 
to contribute to overseas contingency operations. This sale increases 
the quantity of precision-guided munitions within NATO and allows for 
their pre-coordinated transfer in support of national and NATO 
requirements.
    The proposed sale will improve NATO's capability to meet current 
and future ground threats with precision. NATO will use the enhanced 
capability as a deterrent to regional threats, and to increase 
interoperability within contingency operations. Many of the purchasing 
nations already have precision-guided munitions in their inventories 
and will all have no difficulty absorbing these munitions into its 
armed forces.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    The principal contractors for production are the Boeing 
Corporation, St Louis, MO; and Raytheon Missile Systems, Tucson, AZ. 
The principal contractor for integration is unknown and will be 
determined during contract negotiations. There are no known offset 
agreements proposed in connection with this potential sale.
    Implementation of this proposed sale will not require the 
assignment of any additional U.S. Government or contractor 
representatives to NATO.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 22-17
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 GBU-39 Small Diameter Bomb Increment 1 (SDB-1) is a 250 
pound GPS-aided inertial navigation system, small autonomous, day or 
night, adverse weather, conventional, air-to-ground precision glide 
weapon able to strike fixed and stationary re-locatable non-hardened 
targets from standoff ranges. It is intended to provide aircraft with 
an ability to carry a high number of bombs. Aircraft are able to carry 
four SDBs in place of one 2,000 pound bomb.
    2. The Joint Programmable Fuze (JPF) FMU-152 is a multi-delay, 
multi-arm and proximity sensor compatible with general purpose blast, 
frag and hardened-target penetrator weapons. The JPF settings are 
cockpit selectable in flight when used with numerous precision-guided 
weapons.
    3. MK-82 General Purpose (GP) bomb is a 500 pound, free-fall, 
unguided, low-drag weapon used for attacking soft and intermediately 
protected targets.
    4. The BLU-109 is a 2,000 pound hard target penetrator warhead 
designed to penetrate hardened structures before detonating.
    5. The highest level of classification of defense articles, 
components, and services included in this potential sale is SECRET.
    6. 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.
    7. A determination has been made that NATO Support and Procurement 
Agency (NSPA) and the participating countries 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.
    8. All defense articles and services listed in this transmittal 
have been authorized for release and export to NSPA, Belgium, Czech 
Republic, Denmark, Finland, Greece, Hungary, Italy, the Netherlands, 
Norway, Poland, Portugal, Spain, and the United Kingdom.

[FR Doc. 2024-11519 Filed 5-23-24; 8:45 am]
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