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directional protection. The UVMWS 2. If a technologically advanced DEPARTMENT OF DEFENSE detects the rocket plume of missiles and adversary were to obtain knowledge of sends appropriate data signals to the the specific hardware and software Office of the Secretary LSPR for processing. The LSPR analyzes elements, the information could be used [Transmittal No. 16–53] the data from each UVMWS Sensor and to develop countermeasures or automatically deploys the appropriate equivalent systems which might reduce 36(b)(1) Arms Sales Notification countermeasure via the GLTA. The system effectiveness or be used in the CIUR displays the incoming threat. development of a system with similar or AGENCY: Defense Security Cooperation Agency, Department of Defense. b. The AN/AAR–54 UVMWS Sensor advanced capabilities. ACTION: Notice. warns of threat missile approach by 3. This sale is necessary in detecting radiation associated with the furtherance of the U.S. foreign policy SUMMARY: The Department of Defense is rocket motor. The AN/AAR–54 is a and national security objectives publishing the unclassified text of a small, lightweight, passive, electro- outlined in the Policy justification. section 36(b)(1) arms sales notification. optic, threat warning device used to Moreover, the benefits to be derived This is published to fulfill the detect surface-to-air missiles fired at from this sale, as outlined in the Policy requirements of section 155 of Public helicopters and low-flying fixed-wing Justification, outweigh the potential Law 104–164 dated July 21, 1996. aircraft and automatically provide damage that could result if the sensitive countermeasures, as well as audio and FOR FURTHER INFORMATION CONTACT: Pam technology were revealed to visual warning messages to the aircrew. Young, DSCA/SE&E–RAN, (703) 697– The basic system consists of multiple unauthorized persons. 9107. UVMWS Sensor units, three (3) GLTAs, 4. All defense articles and services The following is a copy of a letter to a LSPR, and a CIUR. The set of UVMWS listed in this transmittal are authorized the Speaker of the House of units (each A–330 MRTT has six (6)) are for release and export to the Representatives, Transmittal 16–53 with mounted on the aircraft exterior to Government of the Republic of Korea. attached Policy Justification and Sensitivity of Technology. provide omni-directional protection. [FR Doc. 2016–29392 Filed 12–7–16; 8:45 am] Dated: December 2, 2016. Hardware is UNCLASSIFIED. Software BILLING CODE 5001–06–P is SECRET. Technical data and Aaron Siegel, documentation to be provided are Alternate OSD Federal Register Liaison UNCLASSIFIED. Officer, Department of Defense.

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Transmittal No. 16–53 Twenty-six (26) Certifiable Predator B (SAR/GMTI) (12 + 2 spares, with option Remotely Piloted Aircraft (16 with for additional 10 + 1 spare) Notice of Proposed Issuance of Letter of option for additional 10) Eighty-six (86) Embedded Global Offer Pursuant to Section 36(b)(1) of the Twelve (12) Advanced Ground Positioning System/Inertial Guidance Arms Export Control Act, as amended Control Stations (GCSs) (8 with option Units (EGIs) (3 per aircraft) (48 + 5 (i) Prospective Purchaser: United for additional 4) spares, with option for additional 30 + Kingdom. Four (4) New Launch and Recovery 3 spares) (ii) Total Estimated Value: Element GCSs Non-MDE include: Four (4) Upgrades to existing Blk 15 Non-MDE items include: Major Defense Equipment * $780 million communications equipment, Other ...... $220 million Launch and Recovery Element GCSs (2 with option for additional 2) Identification Friend or Foe (IFF) TOTAL ...... $1.00 billion Twenty-five (25) Multi-spectral equipment, installation kits, Targeting Systems (12 + 2 spares, with and TPE331–10YGD engines. In (iii) Description and Quantity or option for additional 10 + 1 spare) addition, the package provides a unique Quantities of Articles or Services under Twenty-five (25) AN/APY–8 Lynx IIe and common spares package, support Consideration for Purchase: Block 20A Synthetic Aperture Radar equipment, U.S. Air Force technical Major Defense Equipment (MDE): and Ground Moving Target Indicators orders, country specific technical

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orders, Contractor Logistics Support for by providing improved Intelligence, Beyond Line-of-Sight (BLOS) using two (optional three) years, contractor Surveillance and Reconnaissance (ISR) satellite communications (SATCOM). provided aircraft components, spares, coverage that enhances homeland The design enables unmanned aerial and accessories, training, and other security, promotes increased battlefield vehicle (UAV) control to be handed off related elements of logistical and situational awareness, augments combat between multiple AGCSs thus allowing program support. search and rescue, and provides ground remote-split operations and centralized (iv) Military Department: Air Force troop support. The Certifiable Predator mission control with other assets. The (X6–D–SAC). B will also be used to support the UK’s CPB/Protector system can be deployed (v) Sales Commission, Fee, etc., Paid, armed forces and coalition forces from a single site that supports launch, Offered, or Agreed to be Paid: None. engaged in current and future recovery, mission control, and (vi) Sensitivity of Technology peacekeeping, peace-enforcing, counter- maintenance. The system also supports Contained in the Defense Article or insurgent, and counterterrorism remote-split operations where launch, Defense Services Proposed to be Sold: operations. The UK already operates recovery, and maintenance occur at a See Annex Attached. armed remotely piloted aircraft, the and mission (vii) Date Report Delivered to MQ–9 Reaper, and will have no control is conducted from another Congress: November 16, 2016. difficulty transitioning to the Certifiable geographically separated location, or * as defined in Section 47(6) of the Predator B. Main Operating Base (MOB). Arms Export Control Act. The proposed sale of this equipment 2. The United Kingdom CPB/Protector POLICY JUSTIFICATION and support will not alter the basic system includes the following military balance in the region. components. United Kingdom—Certifiable Predator B The principal contractors will be Remotely Piloted Aircraft a. A secure Advanced CGCS with General Atomics Aeronautical Systems, workstations that allow operators to The United Kingdom (UK) requested Inc. in San Diego, California. There are control and monitor the aircraft, as well a possible sale of up to twenty-six (26) no known offset agreements proposed in as record and exploit downlinked connection with this potential sale. Certifiable Predator B Remotely Piloted payload data. Implementation of this proposed sale Aircraft (16 with option for additional b. The unclassified General Atomics 10); twelve (12) Advanced Ground will not require the assignment of any additional U.S. Government or AN/APY–8 Block 20 Lynx Ile Synthetic Control Stations (GCSs) (8 with option Aperture Radar and Ground Moving for additional 4); four (4) New Launch contractor representatives to the UK. There will be no adverse impact on Target Indicator (SAR/GMTI) system and Recovery Element GCSs; four (4) provides an all-weather surveillance, Upgrades to existing Blk 15 Launch and U.S. defense readiness as a result of this proposed sale. tracking and targeting capability. The Recovery Element GCSs (2 with option AN/APY–8 Block 20 operates in the Ku for additional 2); twenty-five (25) Multi- Transmittal No. 16–53 band, using an offset-fed dish antenna spectral Targeting Systems (12 + 2 mounted on a three-axis stabilized spares, with option for additional 10 + Notice of Proposed Issuance of Letter of gimbal. It has a large field of regard, 1 spare); twenty-five (25) AN/APY–8 Offer Pursuant to Section 36(b)(1) of the produces a strip map and can image up Lynx IIe Block 20A Synthetic Aperture Arms Export Control Act to a l0km wide swath. Swaths from Radar and Ground Moving Target Annex Item multiple passes can be combined for Indicators (SAR/GMTI) (12+ 2 spares, No. vii wide-area surveillance. with option for additional 10 + 1 spare); Eighty-six (86) Embedded Global (vii) Sensitivity of Technology: c. The Raytheon Multi-spectral Positioning System/Inertial Guidance 1. The Certifiable Predator B (CPB) Targeting System with Laser Target Units (EGIs) (3 per aircraft) (48 + 5 Remotely Piloted Aircraft (RPA) is a Designator (LTD) and multi-use Electro- spares, with option for additional 30 + weapons-capable aircraft designed for Optical (EO)/lnfra-Red (IR) sensor 3 spares). This sale also includes medium to high altitude-long endurance provides long-range surveillance, high- communications equipment, Intelligence, Surveillance and altitude target acquisition, tracking, and Identification Friend or Foe (IFF) Reconnaissance (ISR), Target range-finding with capabilities up to equipment; weapons installation kits; Acquisition, and Strike missions. and including high definition color TV, TPE331–10YGD engines; unique and Protector (formerly known as Scavenger) high definition short-wave IR, medium- common spares package; support represents the CPB as modified to a UK- wave IR, and long wave IR sensors. equipment; U.S. Air Force technical specific configuration which includes d. The weapons installation kit orders; country specific technical the design, development and integration enables the integration of UK-produced orders; Contractor Logistics Support for of a UK-specific weapons installation kit munitions (Paveway IV and Brimstone two (optional three) years; contractor for employment of UK-produced II) onto the Protector platform. The provided aircraft components, spares, weapons (Paveway IV and Brimstone II). integration of these munitions requires and accessories; personnel training; and Building upon the legacy of Predator B’s specialized non-recurring engineering other related elements of logistical and proven success, CPB/Protector provides work which will be performed by the program support. The total estimated up to 40 hours endurance, speeds up to platform OEM in the United States. program cost is $1.0 billion. 220 knots true air speed (KTAS) and a 3. If a technologically advanced The UK is a close ally and an maximum altitude of 45,000 feet. The adversary were to obtain knowledge of important partner on critical foreign system is designed to be controlled by the specific hardware or software in this policy and defense issues. The proposed two operators within an Advanced proposed sale, any information gleaned sale will enhance U.S. foreign policy Ground Control Station (AGCS). The from exploitation of hardware, and national security objectives by AGCS is designed to emulate a publications and software could be used enhancing the UK’s capabilities to reconnaissance aircraft cockpit, giving to develop countermeasures (electronic, provide national defense and contribute users extensive means to operate both infrared, or other types) as well as to NATO and coalition operations. the aircraft and sensors. CPB/Protector and defensive counter-tactics This sale will improve the UK’s is able to operate using a direct Line-of- and allow an adversary to exploit those ability to meet current and future threats Sight (LOS) datalink or can be operated vulnerabilities during combat.

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4. A determination has been made (a) The Discussion immediately after Dated: December 2, 2016. that the recipient country can provide paragraph 60.c.(6)(a) is amended to read Aaron Siegel, substantially the same degree of as follows: Alternate OSD Federal Register Liaison protection for the sensitive technology ‘‘Clauses 1 and 2 are theories of Officer, Department of Defense. being released as the US Government. liability that must be expressly alleged [FR Doc. 2016–29384 Filed 12–7–16; 8:45 am] This sale is necessary in furtherance of in a specification so that the accused BILLING CODE 5001–06–P the U.S. foreign policy and national will be given notice as to which clause security objectives outlined in the or clauses to defend against. The words Policy Justification. ‘‘to the prejudice of good order and ELECTION ASSISTANCE COMMISSION 5. All defense articles and services discipline in the armed forces’’ listed in this transmittal have been encompass both paragraph c.(2)(a), Sunshine Act Notice of Public Meeting authorized for release and export to the prejudice to good order and discipline, Agenda United Kingdom. and paragraph c.(2)(b), breach of custom DATE AND TIME: Thursday, December 15, [FR Doc. 2016–29393 Filed 12–7–16; 8:45 am] of the Service. A generic sample 2016 (10:30 a.m.–1:00 p.m.—EDT). BILLING CODE 5001–06–P specification is provided below: PLACE: 1335 East West Highway (First In that llll (personal jurisdiction Floor Conference Room) Silver Spring, data), did (at/on board location), on or about MD 20910. DEPARTMENT OF DEFENSE llll ll 20 , (commit elements of Article AGENDA: Commissioners will meet to Office of the Secretary 134 clause 1 or 2 offense), and that said provide an initial de-brief on the 2016 conduct (was to the prejudice of good order [Docket ID: DOD–2016–OS–0110] and discipline in the armed forces) (and) election and to celebrate the 10th (was of a nature to bring discredit upon the anniversary of the EAC’s Testing and Manual for Courts-Martial; Publication armed forces). Certification Program. Commissioners of Supplementary Materials will discuss the 2016 election with a If clauses 1 and 2 are alleged together panel of state and local election AGENCY: Joint Service Committee on in the terminal element, the word ‘‘and’’ administrators, and a panel representing (JSC), Department of should be used to separate them. Any the perspectives of military and Defense. clause not proven beyond a reasonable overseas voters, voters with disabilities ACTION: Publication of Discussion doubt should be excepted from the and other election administration (Supplementary Materials) specification at findings. See R.C.M. interest groups. Commissioners will accompanying the Manual for Courts- 918(a)(1). See also Appendix 23 of this hear from a panel to discuss the past ten Martial, United States (2012 ed.) (MCM). Manual, Art. 79. Although using the years of EAC Testing and Certification conjunctive ‘‘and’’ to connect the two of voting systems. Voting system SUMMARY: The JSC hereby publishes theories of liability is recommended, a manufacturers will discuss the Supplementary Materials accompanying specification connecting the two evolution of the program from their the MCM as amended by Executive theories with the disjunctive ‘‘or’’ is perspective; a state certification official Orders 13643, 13669, 13696, 13730, and sufficient to provide the accused will provide insight into how EAC 13740. These changes have not been reasonable notice of the against certification assists the states in their coordinated within the Department of him. See Appendix 23 of this Manual, unique certification roles, and EAC Defense under DoD Directive 5500.1, Art. 134. program will provide their ‘‘Preparation, Processing and Lesser included offenses are defined thoughts on ten years in the certification Coordinating Legislation, Executive business. Orders, Proclamations, Views Letters and explained under Article 79; however, in 2010, the Court of Appeals STATUS: This meeting will be open to the and Testimony,’’ June 15, 2007, and do public. not constitute the official position of the for the Armed Forces examined Article PERSON TO CONTACT FOR INFORMATION: Department of Defense, the Military 79 and clarified the legal test for lesser Departments, or any other Government included offenses. See United States v. Bryan Whitener, Telephone: (301) 563– agency. These Supplementary Materials Jones, 68 M.J. 465 (C.A.A.F. 2010). 3961. have been approved by the JSC and the Under Jones, an offense under Article 79 Bryan Whitener, is ‘‘necessarily included’’ in the offense General Counsel of the Department of Director of Communications and Defense, and shall be applied in charged only if the elements of the Clearinghouse, U.S. Election Assistance conjunction with the rule with which lesser offense are a subset of the Commission. they are associated. The Discussion is elements of the greater offense alleged. [FR Doc. 2016–29592 Filed 12–6–16; 4:15 pm] 68 M.J. at 472; see also discussion effective insofar as the Rules it BILLING CODE 6820–KF–P supplements are effective, but may not following paragraph 3b(1)(c) in this part be applied earlier than the date of and the related analysis in Appendix 23 publication in the Federal Register. of this Manual. Practitioners should DEPARTMENT OF ENERGY carefully consider lesser included DATES: This Discussion is effective as of offenses using the elements test in December 8, 2016. Federal Energy Regulatory conformity with Jones. See paragraph Commission FOR FURTHER INFORMATION CONTACT: 3b(4) in Appendix 23 of this Manual. If Major Harlye S.M. Carlton, USMC, (703) it is uncertain whether an Article 134 [Docket No. ER17–423–000] 963–9299 or [email protected]. offense is included within a charged Rubicon NYP Corp; Supplemental The JSC Web site is located at: http:// offense, the government may plead in jsc.defense.gov. Notice That Initial Market-Based Rate the alternative or, with the consent of Filing Includes Request for Blanket SUPPLEMENTARY INFORMATION: The the accused, the government may Section 204 Authorization Discussion to Part IV of the Manual for amend the charge sheet. Jones, 68 M.J. Courts-Martial, United States, is at 472–73 (referring to R.C.M. 603(d) for This is a supplemental notice in the amended as follows: amending a charge sheet).’’ above-referenced proceeding of Rubicon

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