[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50296-50300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12956]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 22-53]


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 22-53 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: June 10, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 6001-FR-P
[GRAPHIC] [TIFF OMITTED] TN13JN24.001


[[Page 50297]]


BILLING CODE 6001-FR-C
Tranmittal No. 22-53
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 Germany.
    (ii) Total Estimated Value:

Major Defense Equipment *...............  $5.38 billion
Other...................................  $3.02 billion
                                         -------------------------------
  TOTAL.................................  $8.40 billion
 

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

Major Defense Equipment (MDE):
    Thirty-five (35) F-35 Joint Strike Fighter Conventional Take Off 
and Landing (CTOL) Aircraft
    Thirty-seven (37) Pratt & Whitney F135-PW-100 Engines (35 
installed, 2 spares)
    One hundred five (105) AIM-120C-8 Advanced Medium Range Air-to-Air 
Missiles (AMRAAM)
    Four (4) AIM-120C-8 AMRAAM Guidance Sections
    Seventy-five (75) AGM-158B/B2 Joint Air-to-Surface Standoff 
Missiles-Extended Range (JASSM-ER)
    Two (2) AGM-158 Inert JASSMs with Test Instrumentation Kits (TIK)
    Two (2) AGM-158 JASSM Separation Test Vehicles (STV)
    Three hundred forty-four (344) GBU-53 Small Diameter Bombs (SDB-II)
    Three (3) GBU-53 SDB-II Guided Test Vehicles (GTV)
    Eight (8) GBU-53 SDB-II Captive Carry Reliability Trainers (CCRT)
    One hundred sixty-two (162) BLU-109 2000LB Hardened Penetrator 
Bombs for GBU-31
    Two hundred sixty-four (264) MK-82 500LB General Purpose (GP) Bombs 
for GBU-54
    Six (6) MK-82 Inert Filled GP Bombs
    Thirty (30) BLU-109 Inert 2000LB Hardened Penetrator Bombs
    One hundred eighty (180) KMU-557 Joint Direct-Attack Munition 
(JDAM) Tail Kits for GBU-31
    Two hundred forty-six (246) KMU-572 JDAM Tail Kits for GBU-54
    Seventy-five (75) AIM-9X Block II+ Tactical Sidewinder Missiles
    Thirty (30) AIM-9X Block II Sidewinder Captive Air Training 
Missiles (CATM)
    Fifteen (15) Tactical AIM-9X Block II+ Sidewinder Guidance Control 
Units
    Five (5) AIM-9X Block II Sidewinder CATM Guidance Units
Non-MDE:
    Also included are AIM-120 control sections, propulsion sections, 
telemetry systems, warheads, and containers; AIM-120 CATMs; AIM-9 
Active Optical Target Detectors and containers; FMU-139 joint 
programmable fuzes; DSU-38 Laser-Illuminated Target Detectors for GBU-
54; AN/PYQ-10 Simple Key Loaders; Common Munitions Built-in-Test 
Reprogramming Equipment (CMBRE) and ADU-891/E Adapter Group Computer 
Test Sets; KGV-135A embedded secure communications devices; Cartridge 
Actuated Devices/Propellant Actuated Devices (CAD/PAD); impulse 
cartridges, chaff, and flares; Full Mission Simulators and system 
trainers; training missiles and components; electronic warfare systems 
and Reprogramming Lab support; logistics management and support 
systems; threat detection, tracking, and targeting systems; Contractor 
Logistics Support (CLS); classified software and software development, 
delivery and integration support; transportation, ferry, and refueling 
support; weapons containers; aircraft and munitions support and support 
equipment; integration and test support and equipment; aircraft engine 
component improvement program (CIP) support; secure communications, 
precision navigation, and cryptographic systems and equipment; 
Identification Friend or Foe (IFF) equipment; spare and repair parts, 
consumables, and accessories, and repair and return support; minor 
modifications, maintenance, and maintenance support; personnel training 
and training equipment; classified and unclassified publications and 
technical documents; warranties; and U.S. Government and engineering, 
technical, and logistics support services, studies and surveys, as well 
as other related elements of logistical and program support.

    (iv) Military Department: Air Force (GY-D-SAB, GY-D-YAD, GY-D-YAE, 
GY-D-YAH, GY-D-YAI); and Navy (GY-P-PAG, GY-P-ALE, GY-P-PAH)
    (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: July 28, 2022

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

POLICY JUSTIFICATION

Germany--F-35 Aircraft and Munitions

    The Government of Germany has requested to buy thirty-five (35) F-
35 Joint Strike Fighter Conventional Take Off and Landing (CTOL) 
aircraft; thirty-seven (37) Pratt & Whitney F135-PW-100 engines (35 
installed, 2 spares); one hundred five (105) AIM-120C-8 Advanced Medium 
Range Air-to-Air Missiles (AMRAAM); four (4) AIM-120C-8 AMRAAM Guidance 
Sections; seventy-five (75) AGM-158B/B2 Joint Air-to-Surface Standoff 
Missiles-Extended Range (JASSM-ER); two (2) AGM-158 Inert JASSMs with 
Test Instrumentation Kits (TIK); two (2) AGM-158 JASSM Separation Test 
Vehicles (STV); three hundred forty-four (344) GBU-53 Small Diameter 
Bombs (SDB-II); three (3) GBU-53 SDB-II Guided Test Vehicles (GTV); 
eight (8) GBU-53 SDB-II Captive Carry Reliability Trainers (CCRT); one 
hundred sixty-two (162) BLU-109 2000LB Hardened Penetrator Bombs for 
GBU-31; two hundred sixty-four (264) MK-82 500LB General Purpose (GP) 
Bombs for GBU-54; six (6) MK-82 Inert Filled GP Bombs; thirty (30) BLU-
109 Inert 2000LB Hardened Penetrator Bombs; one hundred eighty (180) 
KMU-557 Joint Direct-Attack Munition (JDAM) Tail Kits for GBU-31; two 
hundred forty-six (246) KMU-572 JDAM Tail Kits for GBU-54; seventy-five 
(75) AIM-9X Block II+ Tactical Sidewinder Missiles; thirty (30) AIM-9X 
Block II Sidewinder Captive Air Training Missiles (CATM); fifteen (15) 
Tactical AIM-9X Block II+ Sidewinder Guidance Control Units; and five 
(5) AIM-9X Block II Sidewinder CATM Guidance Units. Also included are 
AIM-120 control sections, propulsion sections, telemetry systems, 
warheads, and containers; AIM-120 CATMs; AIM-9 Active Optical Target 
Detectors and containers; FMU-139 joint programmable fuzes; DSU-38 
Laser-Illuminated Target Detectors for GBU-54; AN/PYQ-10 Simple Key 
Loaders; Common Munitions Built-in-Test Reprogramming Equipment (CMBRE) 
and ADU-891/E Adapter Group Computer Test Sets; KGV-135A embedded 
secure communications devices; Cartridge Actuated Devices/Propellant 
Actuated Devices (CAD/PAD); impulse cartridges, chaff, and flares; Full 
Mission Simulators and system trainers; training missiles and 
components; electronic warfare systems and Reprogramming Lab support; 
logistics management and support systems; threat detection, tracking, 
and targeting systems; Contractor Logistics Support (CLS); classified 
software and

[[Page 50298]]

software development, delivery and integration support; transportation, 
ferry, and refueling support; weapons containers; aircraft and 
munitions support and support equipment; integration and test support 
and equipment; aircraft engine component improvement program (CIP) 
support; secure communications, precision navigation, and cryptographic 
systems and equipment; Identification Friend or Foe (IFF) equipment; 
spare and repair parts, consumables, and accessories, and repair and 
return support; minor modifications, maintenance, and maintenance 
support; personnel training and training equipment; classified and 
unclassified publications and technical documents; warranties; and U.S. 
Government and engineering, technical, and logistics support services, 
studies and surveys, as well as other related elements of logistical 
and program support. The estimated total cost is $8.4 billion.
    This proposed sale will support the foreign policy and national 
security of the United States by improving the security of a NATO ally 
that is an important force for political and economic stability in 
Europe.
    The proposed sale will improve Germany's capability to meet current 
and future threats by providing a suitable replacement for Germany's 
retiring Tornado aircraft fleet in support of NATO's nuclear sharing 
mission, the centerpiece for deterrence in Europe. Germany will have no 
difficulty absorbing this equipment and services 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 will be Lockheed Martin Aeronautics 
Company, Fort Worth, TX; Pratt & Whitney Military Engines, East 
Hartford, CT; The Boeing Company, St. Charles, MO; and Raytheon 
Missiles and Defense, Tucson, AZ. The purchaser typically requests 
offsets. Any offset agreement will be defined in negotiations between 
the purchaser and the contractor.
    Implementation of this proposed sale will not require the 
assignment of any additional U.S. Government or contractor 
representatives to Germany.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 22-53
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 F-35A Conventional Take Off and Landing (CTOL) aircraft is a 
single seat, single engine, all-weather, stealth, fifth-generation, 
multirole aircraft. It contains sensitive technology including the low 
observable airframe/outer mold line, the Pratt and Whitney F135 engine, 
AN/APG-81 radar, an integrated core processor central computer, a 
mission systems/electronic warfare suite, a multiple sensor suite, 
technical data/documentation and associated software. Sensitive 
elements of the F-35A are also included in operational flight and 
maintenance trainers. Sensitive and classified elements of the F-35A 
CTOL aircraft include hardware, accessories, components, and associated 
software for the following major subsystems:
    a. The Pratt and Whitney F135 engine is a single 40,000-lb thrust 
class engine designed for the F-35 and assures highly reliable, 
affordable performance. The engine is designed to be utilized in all F-
35 variants, providing unmatched commonality and supportability 
throughout the worldwide base of F-35 users.
    b. The AN/APG-81 Active Electronically Scanned Array (AESA) is a 
high processing power/high transmission power electronic array capable 
of detecting air and ground targets from a greater distance than 
mechanically scanned array radars. It also contains a Synthetic 
Aperture Radar (SAR), which creates high-resolution ground maps and 
provides weather data to the pilot, and provides air and ground tracks 
to the mission system, which uses it as a component to fuse sensor 
data.
    c. The Electro-Optical Targeting System (EOTS) provides long-range 
detection and tracking as well as an Infrared Search and Track (IRST) 
and Forward-Looking Infrared (FLIR) capability for precision tracking, 
weapons delivery and Bomb Damage Assessment (BDA). The EOTS replaces 
multiple separate internal or podded systems typically found on legacy 
aircraft.
    d. The Electro-Optical Distributed Aperture System (EODAS) provides 
the pilot with full spherical coverage for air-to- air and air-to-
ground threat awareness, day/night vision enhancements, a fire control 
capability and precision tracking of wingmen/friendly aircraft. The 
EODAS provides data directly to the pilot's helmet as well as the 
mission system.
    e. The F-35 Electronic Warfare (EW) system is a reprogrammable, 
integrated system that provides radar warning and electronic support 
measures (ESM) along with a fully integrated countermeasures (CM) 
system. The EW system is the primary subsystem used to enhance 
situational awareness, targeting support and self-defense through the 
search, intercept, location and identification of in-band emitters and 
to automatically counter IR and RF threats.
    f. The F-35 Command, Control, Communications, Computers and 
Intelligence/Communications, Navigation, and Identification (C4I/CNI) 
system provides the pilot with unmatched connectivity to flight 
members, coalition forces and the battlefield. It is an integrated 
subsystem designed to provide a broad spectrum of secure, anti-jam 
voice and data communications, precision radio navigation and landing 
capability, self-identification, beyond visual range target 
identification and connectivity to off-board sources of information. It 
also includes an inertial navigation and Global Positioning System 
(GPS) for precise location information. The functionality is tightly 
integrated within the mission system to enhance efficiency.
    g. The F-35 C4I/CNI system includes two data links: the Multi-
Function Advanced Data Link (MADL) and Link 16. The MADL is designed 
specifically for the F-35 and allows for stealthy communications 
between F-35s. Link 16 is an advanced Command, Control, Communications, 
and Intelligence (C3I) system incorporating jam-resistant, digital 
communication links for exchange of near real-time tactical 
information, including both data and voice, among air, ground, and sea 
elements. It provides the warfighter key theater functions such as 
surveillance, identification, air control, weapons engagement 
coordination, and direction for all services and allied forces. Link-16 
equipment allows the F-35 to communicate with legacy aircraft using 
widely-distributed J-series message protocols.
    h. The F-35 Autonomic Logistics Global Sustainment (ALGS) provides 
a fully integrated logistics management solution. ALGS integrates a 
number of functional areas, including supply chain management, repair, 
support equipment, engine support and training. The ALGS infrastructure 
employs a state-of-the-art information system that provides real-time, 
decision-worthy information for sustainment decisions

[[Page 50299]]

by flight line personnel. Prognostic health monitoring technology is 
integrated with the air system and is crucial to predictive maintenance 
of vital components.
    i. The F-35 Autonomic Logistics Information System (ALIS) provides 
an intelligent information infrastructure that binds all the key 
concepts of ALGS into an effective support system. ALIS establishes the 
appropriate interfaces among the F-35 Air Vehicle, the warfighter, the 
training system, government Information Technology (IT) systems, and 
supporting commercial enterprise systems. Additionally, ALIS provides a 
comprehensive tool for data collection and analysis, decision support 
and action tracking.
    j. The F-35 Training System includes several training devices to 
provide integrated training for pilots and maintainers. The pilot 
training devices include a Full Mission Simulator (FMS) and Deployable 
Mission Rehearsal Trainer (DMRT). The maintenance training devices 
include an Aircraft Systems Maintenance Trainer (ASMT), Ejection System 
Maintenance Trainer (ESMT), Outer Mold Line (OML) Lab, Flexible Linear 
Shaped Charge (FLSC) Trainer, F135 Engine Module Trainer and Weapons 
Loading Trainer (WLT). The F-35 Training System can be integrated, 
where both pilots and maintainers learn in the same Integrated Training 
Center (ITC). Alternatively, the pilots and maintainers can train in 
separate facilities (Pilot Training Center and Maintenance Training 
Center).
    k. Other subsystems, features, and capabilities include the F-35's 
low observable air frame, Integrated Core Processor (ICP) Central 
Computer, Helmet Mounted Display System (HMDS), Pilot Life Support 
System (PLSS), Off-Board Mission Support (OMS) System, and 
publications/maintenance manuals. The HMDS provides a fully sunlight 
readable, biocular display presentation of aircraft information 
projected onto the pilot's helmet visor. The use of a night vision 
camera integrated into the helmet eliminates the need for separate 
Night Vision Goggles. The PLSS provides a measure of Pilot Chemical, 
Biological, and Radiological Protection through use of an On-Board 
Oxygen Generating System (OBOGS); and an escape system that provides 
additional protection to the pilot. OBOGS takes the Power and Thermal 
Management System (PTMS) air and enriches it by removing gases (mainly 
nitrogen) by adsorption, thereby increasing the concentration of oxygen 
in the product gas and supplying breathable air to the pilot. The OMS 
provides a mission planning, mission briefing, and a maintenance/
intelligence/tactical debriefing platform for the F-35.
    2. The Electronic Warfare Reprogramming Lab is used by U.S. 
Government engineers in the reprogramming and creation of shareable 
Mission Data Files for foreign F-35 customers.
    3. The AIM-120C-8 Advanced Medium Range Air-to-Air Missile (AMRAAM) 
is a supersonic, air-launched, aerial intercept, guided missile 
featuring digital technology and micro-miniature solid-state 
electronics. AMRAAM capabilities include look-down/shoot-down, multiple 
launches against multiple targets, resistance to electronic 
countermeasures, and interception of high- and low-flying and 
maneuvering targets. State-of-the-art technology is used in the missile 
to provide it with beyond-visual-range capability. This potential sale 
will include Captive Air Training Missiles (CATM) as well as AMRAAM 
guidance section, propulsion section, control section, telemetry 
system, and warhead spares.
    4. The AGM-158B/B-2 Joint Air-to-Surface Standoff Missile (JASSM) 
with Extended Range (ER) is a low-observable, highly-survivable, 
subsonic cruise missile designed to penetrate next-generation air 
defense systems en-route to target. The JASSM-ER is designed to kill 
hard, medium-hardened, soft, and area-type targets. A turbo-fan engine 
and reconfigured fuel tanks provide added capacity. The extended range 
over the baseline was obtained by going from a turbo jet to a turbo-fan 
engine and by reconfiguring the fuel tanks for added capacity. This 
potential sale will include inert missiles with test instrumentation 
kits, separation test vehicles, and training missiles.
    The AGM-158B-2 system capabilities include all the capabilities of 
the AGM-158B. The AGM-158B-2 configuration will have different internal 
components to address multiple obsolescence issues as well as 
subcomponent updates to position for M-Code and other potential 
upgrades.
    5. The GBU-53 Small Diameter Bomb-Increment II (SDB-II) is a 250-lb 
class precision-guided, semiautonomous, conventional, air-to-ground 
munition used to defeat moving targets through adverse weather from 
standoff range. The SDB-II has deployable wings and fins and uses GPS/
INS guidance, network-enabled datalink (Link-16 and UHF), and a multi-
mode seeker (millimeter wave radar, imaging infrared, semi-active 
laser) to autonomously search, acquire, track, and defeat targets a 
variety of moving or stationary targets, at standoff range or close in, 
in a variety of attack modes. The SDB-II employs a multi-effects 
warhead (blast, fragmentation, and shaped-charge) for maximum lethality 
against armored and soft targets. The SDB II weapon system consists of 
the tactical all-up round (AUR) weapon, a 4-place common carriage 
system, and mission planning system munitions application program 
(MAP).
    a. SDB-II Guided Test Vehicles (GTV) is a live or inert SDB-II 
configuration used for land- or sea-range-based testing of the SDB-II 
weapon system.
    b. SDB-II Captive Carry Reliability Test (CCRT) vehicles are an 
inert SDB-II configuration used for any purpose where an inert round 
without telemetry or termination capability would be useful, but 
primarily for reliability data collection during carriage.
    6. The Joint Direct-Attack Munition (JDAM) is a guidance set which 
converts existing unguided bombs (MK-82, MK-83, MK-84, BLU-109, BLU-
110, BLU-111, BLU-117, BLU-126 (Navy) or BLU-129 warhead) into an 
accurate, adverse weather ``smart'' munition. The Guidance Set consists 
of a Tail Kit, which contains the Inertial Navigation System (INS) and 
a GPS, a set of Aerosurfaces and an umbilical cover, which allows the 
JDAM to improve the accuracy of unguided, General Purpose (GP) bombs. 
The JDAM weapon can be delivered from modest standoff ranges at high or 
low altitudes against a variety of land and surface targets during the 
day or night. The JDAM is capable of receiving target coordinates via 
preplanned mission data from the delivery aircraft, by onboard aircraft 
sensors (i.e., FLIR, Radar, etc.) during captive carry, or from a 
third-party source via manual or automated aircrew cockpit entry.
    a. GBU-31 is a 2,000 pound JDAM. The GBU-31 consists of the KMU-557 
tail kit and the BLU-109 bomb body to make the GBU-31v3.
    b. The GBU-54 Laser Joint Direct Attack Munition (LJDAM) is a 500 
pound JDAM which incorporates all the capabilities of the JDAM guidance 
tail kit and adds a precision laser guidance set. The LJDAM gives the 
weapon system an optional semi-active laser guidance in addition to the 
INS/GPS guidance. This provides the optional capability to strike 
moving targets. The GBU-54 consists of a DSU-38 laser guidance set, 
KMU-572 bomb body-specific tail kit, and MK-82 bomb body.
    7. The MK-82 GP bomb is a 500 pound, free-fall, unguided, low-drag 
weapon. The MK-82 is designed for

[[Page 50300]]

soft, fragment-sensitive targets and is not intended for hard targets 
or penetrations. The explosive filling is usually tritonal, though 
other compositions have sometimes been used. This potential sale will 
include MK-82 inerts.
    8. The BLU-109/B is a 2,000 pound hard target penetration warhead 
designed to penetrate hardened structures before detonating. This 
potential sale will include BLU-109(D-1)/B inerts.
    9. The FMU-139 Joint Programmable Fuze (JPF) 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. It can interface with the GBU-31, GBU-32, GBU-38, and GBU-54.
    10. The AIM-9X Block II and Block II+ (Plus) SIDEWINDER Missiles 
represent a substantial increase in missile acquisition and kinematics 
performance over the AIM-9M and replace the AIM- 9X Block I Missile 
configuration. The missiles include a high off-boresight seeker, 
enhanced countermeasure rejection capability, low drag/high angle of 
attack airframe and the ability to integrate with a helmet mounted 
cueing system. The software algorithms are the most sensitive portion 
of the AIM-9X missile. The software continues to be modified via a pre-
planned product improvement (P3I) program to improve counter-
countermeasure capabilities. This potential sale will include AIM-9X 
guidance section spares and Active Optical Target Detectors.
    11. The AN/PYQ-10 Simple Key Loader is a portable, hand-held device 
used for securely receiving, storing, and transferring data between 
compatible cryptographic and communications equipment.
    12. The KGV-135A is a high-speed, general purpose encryptor/
decryptor module used for wide-band data encryption.
    13. The Common Munitions Built-In-Test (BIT)/Reprogramming 
Equipment (CMBRE) is support equipment used to interface with weapon 
systems to initiate and report BIT results, and upload/download flight 
software. CMBRE supports multiple munitions platforms with a range of 
applications that perform preflight checks, periodic maintenance 
checks, loading of Operational Flight Program (OFP) data, loading of 
munitions mission planning data, loading of Global Positioning System 
(GPS) cryptographic keys, and declassification of munitions memory.
    14. The highest level of classification of defense articles, 
components, and services included in this potential sale is SECRET.
    15. 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.
    16. A determination has been made that Germany 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.
    17. All defense articles and services listed in this transmittal 
have been authorized for release and export to the Government of 
Germany.

[FR Doc. 2024-12956 Filed 6-12-24; 8:45 am]
BILLING CODE 6001-FR-P