36(b)(1) Arms Sales Notification, 79658-79660 [2011-32795]

Download as PDF jlentini on DSK4TPTVN1PROD with NOTICES 79658 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices EB or E&B violated the CPSA’s reporting requirements. Upon issuance of, and E&B’s compliance with, the final Order, the Commission regards this matter as resolved and agrees not to bring a civil penalty action, or other enforcement action against EB, E&B, or any of their directors, officers, agents, employees, representatives, successors, assigns, or any person in active concert and participation with any of them, based on Staff’s allegations, set forth above, regarding the exercise balls. 21. Upon provisional acceptance of the Agreement by the Commission, the Agreement shall be placed on the public record and published in the Federal Register, in accordance with the procedures set forth in 16 CFR 1118.20(e). If the Commission does not receive any written request not to accept the Agreement within fifteen (15) calendar days, the Agreement shall be deemed finally accepted on the 16th calendar day after the date it is published in the Federal Register, in accordance with 16 CFR 1118.20(f). 22. Upon the Commission’s final acceptance of the Agreement and issuance of the final Order, EB, E&B and any affiliate knowingly, voluntarily, and completely waives any rights it may have in this matter to the following: (i) An administrative or judicial hearing; (ii) judicial review or other challenge or contest of the Commission’s actions; (iii) a determination by the Commission as to whether EB, E&B or any affiliate failed to comply with the CPSA and the underlying regulations; (iv) a statement of findings of fact and conclusions of law; and (v) any claims under the Equal Access to Justice Act. 23. The Agreement and the Order shall apply to, and be binding upon, EB, E&B Giftware LLC, and each of its successors and/or assigns. 24. The Commission issues the Order under the provisions of the CPSA, and a violation of the Order may subject EB, E&B and each of its successors and assigns to appropriate legal action. 25. The Agreement may be used in interpreting the Order. Understandings, agreements, representations, or interpretations apart from those contained in the Agreement and the Order may not be used to vary or contradict their terms. The Agreement shall not be waived, amended, modified, or otherwise altered without written agreement thereto, executed by the party against whom such waiver, amendment, modification, or alteration is sought to be enforced. 26. If any provision of the Agreement and the Order is held to be illegal, VerDate Mar<15>2010 19:17 Dec 21, 2011 Jkt 226001 invalid, or unenforceable under present or future laws effective during the terms of the Agreement and the Order, such provision shall be fully severable. The balance of the Agreement and the Order shall remain in full force and effect, unless the Commission, EB and E&B agree that severing the provision materially affects the purpose of the Agreement and Order. accepting the Settlement Agreement. The payment shall be made via www.pay.gov. Upon the failure of E&B to make the foregoing payment of $500,000 when due, interest on the unpaid amount shall accrue and be paid by E&B at the federal legal rate of interest set forth at 28 U.S.C. 1961(a) and (b). In the event that E&B fails to make such payment, fails to provide evidence of their compliance program, E & B GIFTWARE LLC as specified in the agreement, or Dated: December 1, 2011 commits another violation of 15 U.S.C. By: llllllllllllllllllll 2051, et seq., within two years of the David Mauer, date this agreement becomes final, the Chief Executive Officer suspended portion of the civil penalty E & B GIFTWARE LLC, will be due and payable immediately, 4 Executive Plaza, along with interest on the unpaid Yonkers, NY 10701. amount and will accrue and be paid by Dated: December 1, 2011 E&B at the federal legal rate of interest By: llllllllllllllllllll set forth at 28 U.S.C. 1961(a) and (b). Kate Beardsley, Provisionally accepted and Esq., provisional Order issued on the 19th Zuckerman Spaeder LLP, day of December, 2011. 1800 M Street, NW., BY ORDER OF THE COMMISSION: Suite 1000, llllllllllllllllll l Washington, DC 20036–5807. Todd A. Stevenson, U.S. CONSUMER PRODUCT SAFETY Secretary, COMMISSION STAFF U.S. Consumer Product Safety Cheryl A. Falvey, General Counsel. Commission. Mary B. Murphy, Assistant General Counsel, Office of the General Counsel. Dated: December 1, 2011 By: llllllllllllllllllll Regan A. Sweeney, Trial Attorney, Division of Compliance, Office of the General Counsel. UNITED STATES OF AMERICA CONSUMER PRODUCT SAFETY COMMISSION In the matter of: E & B GIFTWARE LLC CPSC Docket No.: 12–C0005 Order Upon consideration of the Settlement Agreement entered into between E&B Giftware LLC (‘‘E&B’’) and U.S. Consumer Product Safety Commission (‘‘Commission’’) staff, and the Commission having jurisdiction over the subject matter and over E&B, and it appearing that the Settlement Agreement and the Order are in the public interest, it is Ordered that the Settlement Agreement be, and hereby is, accepted; and it is Further ordered that E&B shall pay a civil penalty in the amount of five hundred fifty thousand dollars ($550,000.00), of which $50,000 shall be suspended, within twenty (20) days of service of the Commission’s final Order PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 [FR Doc. 2011–32861 Filed 12–21–11; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 11–45] 36(b)(1) Arms Sales Notification Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. AGENCY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104–164 dated July 21, 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703) 601– 3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 11–45 with attached transmittal, policy justification, and Sensitivity of Technology. SUMMARY: Dated: December 19, 2011. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001–06–P E:\FR\FM\22DEN1.SGM 22DEN1 BILLING CODE 5001–06–C Other ................................... jlentini on DSK4TPTVN1PROD with NOTICES Transmittal No. 11–45 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act (U) (i) Prospective Purchaser: United Arab Emirates (ii) Total Estimated Value: Major Defense Equipment* VerDate Mar<15>2010 19:17 Dec 21, 2011 $50 million Jkt 226001 10 million TOTAL ............................. 60 million * as defined in Section 47(6) of the Arms Export Control Act. (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: 260 JAVELIN Anti-Tank Guided Missiles, tripods, JAVELIN Weapon Effects Simulators, enhanced basic skills PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 79659 trainers, containers, rechargeable and non-rechargeable batteries, battery chargers and dischargers, battery coolant units, support equipment, spare and repair parts, publications and technical documentation, personnel training and training equipment, U.S. Government and contractor engineering and logistics support services, and other related elements of logistics support. (iv) Military Department: Army (ZAO) E:\FR\FM\22DEN1.SGM 22DEN1 EN22DE11.078</GPH> Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices 79660 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices (v) Prior Related Cases, if any: FMS case ZUB–$117M–21Jun10 (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 Annex attached (viii) Date Report Delivered to Congress: 14 December 2011 POLICY JUSTIFICATION jlentini on DSK4TPTVN1PROD with NOTICES United Arab Emirates—JAVELIN AntiTank Missiles The Government of the United Arab Emirates (UAE) has requested a possible sale of 260 JAVELIN Anti-Tank Guided Missiles, tripods, JAVELIN Weapon Effects Simulators, enhanced basic skills trainers, containers, rechargeable and non-rechargeable batteries, battery chargers and dischargers, battery coolant units, support equipment, spare and repair parts, publications and technical documentation, personnel training and training equipment, U.S. Government and contractor engineering and logistics support services, and other related elements of logistics support. The estimated cost is $60 million. This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a friendly country that has been and continues to be an important force for political stability and economic progress in the Middle East. The proposed sale of these missiles will provide the United Arab Emirates with a medium-range, man-portable, shoulder-launched, fire and forget antiarmor weapon system. The proposed sale will enhance UAE’s existing antitank capability to meet current and future threats. UAE, which already has JAVELIN Anti-Tank missiles in its inventory, will have no difficulty absorbing these additional missiles into its armed forces. The proposed sale of this weapon system will not alter the basic military balance in the region. The prime contractor is a JAVELIN joint venture of Lockheed-Martin in Orlando, Florida, and Raytheon in Tucson, Arizona. 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 UAE. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. VerDate Mar<15>2010 19:17 Dec 21, 2011 Jkt 226001 Transmittal No. 11–45 DEPARTMENT OF DEFENSE Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Office of the Secretary Annex Item No. vii (vii) Sensitivity of Technology: 1. The JAVELIN Weapon System hardware and the documentation provided with the sale are Unclassified. However, sensitive technology is contained within the system itself. This sensitivity is primarily in the software programs that instruct the system on how to operate in the presence of countermeasures. 2. The JAVELIN Anti-Tank Missile system provides a man-portable, medium anti-tank capability to infantry, scouts, and combat engineers. JAVELIN is comprised of two major tactical components: a reusable Command Launch Unit (CLU) and a missile sealed in a disposable launch tube assembly. The CLU provides the interface between the operator and the missile. The CLU incorporates an integrated day/night sight and provides target engagement capability in adverse weather and countermeasure environments. The CLU’s thermal sight is a secondgeneration Forward Looking Infrared (FLIR) sensor, operating in the 8 to 10 microns wavelength, and is a 240x2 scanning array integral with a Dewar/ Cooler unit. To facilitate initial loading and subsequent updating of software, all on-broad missile software is uploaded via the CLU after mating and prior to launch. JAVELIN is Unclassified; however, information associated with the system is classified up to Secret. 3. The software programs contained in the JAVELIN Weapon System are in the form of microprocessors equipped with available Read Out Memory maps. However, the system does not allow access to the actual software program. The overall hardware is considered sensitive in that the modulation frequency and infrared wavelengths could be useful in attempted countermeasure developments. 4. If a technologically advanced adversary were to obtain knowledge of the specific hardware in the proposed sale, the information could be used to develop countermeasures which might reduce weapons system effectiveness or be used in the development of a system with similar or advanced capabilities. [FR Doc. 2011–32795 Filed 12–21–11; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 [Docket ID DOD–2011–OS–0145] Privacy Act of 1974; System of Records Defense Information Systems Agency, DoD. ACTION: Notice to delete a system of records. AGENCY: The Defense Information Systems Agency is deleting one system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on January 23, 2012 unless comments are received which result in a contrary determination. SUMMARY: You may submit comments, identified by docket number and title, by any of the following methods: * Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. * Mail: Federal Docket Management System Office, 4800 Mark Center Drive, East Tower, 2nd floor, Suite 02G09, Alexandria, VA 22350–3100. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https://www. regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Ms. Jeanette M. Weathers-Jenkins, Defense Information Systems Agency, 6916 Cooper Avenue, Fort Meade, MD 20755–7901, or by phone at (301) 225– 8158. SUPPLEMENTARY INFORMATION: The Defense Information Systems Agency systems of records notice subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT. The Defense Information Systems Agency proposes to delete a system of records notice from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not within the purview of subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, ADDRESSES: E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79658-79660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32795]


=======================================================================
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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal Nos. 11-45]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 
July 21, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703) 
601-3740.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittals 11-45 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: December 19, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-P

[[Page 79659]]

[GRAPHIC] [TIFF OMITTED] TN22DE11.078

BILLING CODE 5001-06-C
Transmittal No. 11-45
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(1) of the Arms Export Control Act (U)
    (i) Prospective Purchaser: United Arab Emirates
    (ii) Total Estimated Value:

Major Defense Equipment*................  $50 million
Other...................................  10 million
                                         -------------------------------
  TOTAL.................................  60 million
 
* as defined in Section 47(6) of the Arms Export Control Act.

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase: 260 JAVELIN Anti-Tank Guided 
Missiles, tripods, JAVELIN Weapon Effects Simulators, enhanced basic 
skills trainers, containers, rechargeable and non-rechargeable 
batteries, battery chargers and dischargers, battery coolant units, 
support equipment, spare and repair parts, publications and technical 
documentation, personnel training and training equipment, U.S. 
Government and contractor engineering and logistics support services, 
and other related elements of logistics support.
    (iv) Military Department: Army (ZAO)

[[Page 79660]]

    (v) Prior Related Cases, if any: FMS case ZUB-$117M-21Jun10
    (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 Annex attached
    (viii) Date Report Delivered to Congress: 14 December 2011

POLICY JUSTIFICATION

United Arab Emirates--JAVELIN Anti-Tank Missiles

    The Government of the United Arab Emirates (UAE) has requested a 
possible sale of 260 JAVELIN Anti-Tank Guided Missiles, tripods, 
JAVELIN Weapon Effects Simulators, enhanced basic skills trainers, 
containers, rechargeable and non-rechargeable batteries, battery 
chargers and dischargers, battery coolant units, support equipment, 
spare and repair parts, publications and technical documentation, 
personnel training and training equipment, U.S. Government and 
contractor engineering and logistics support services, and other 
related elements of logistics support. The estimated cost is $60 
million.
    This proposed sale will contribute to the foreign policy and 
national security of the United States by helping to improve the 
security of a friendly country that has been and continues to be an 
important force for political stability and economic progress in the 
Middle East.
    The proposed sale of these missiles will provide the United Arab 
Emirates with a medium-range, man-portable, shoulder-launched, fire and 
forget anti-armor weapon system. The proposed sale will enhance UAE's 
existing anti-tank capability to meet current and future threats. UAE, 
which already has JAVELIN Anti-Tank missiles in its inventory, will 
have no difficulty absorbing these additional missiles into its armed 
forces.
    The proposed sale of this weapon system will not alter the basic 
military balance in the region.
    The prime contractor is a JAVELIN joint venture of Lockheed-Martin 
in Orlando, Florida, and Raytheon in Tucson, Arizona. 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 UAE.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 11-45
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 JAVELIN Weapon System hardware and the documentation 
provided with the sale are Unclassified. However, sensitive technology 
is contained within the system itself. This sensitivity is primarily in 
the software programs that instruct the system on how to operate in the 
presence of countermeasures.
    2. The JAVELIN Anti-Tank Missile system provides a man-portable, 
medium anti-tank capability to infantry, scouts, and combat engineers. 
JAVELIN is comprised of two major tactical components: a reusable 
Command Launch Unit (CLU) and a missile sealed in a disposable launch 
tube assembly. The CLU provides the interface between the operator and 
the missile. The CLU incorporates an integrated day/night sight and 
provides target engagement capability in adverse weather and 
countermeasure environments. The CLU's thermal sight is a second-
generation Forward Looking Infrared (FLIR) sensor, operating in the 8 
to 10 microns wavelength, and is a 240x2 scanning array integral with a 
Dewar/Cooler unit. To facilitate initial loading and subsequent 
updating of software, all on-broad missile software is uploaded via the 
CLU after mating and prior to launch. JAVELIN is Unclassified; however, 
information associated with the system is classified up to Secret.
    3. The software programs contained in the JAVELIN Weapon System are 
in the form of microprocessors equipped with available Read Out Memory 
maps. However, the system does not allow access to the actual software 
program. The overall hardware is considered sensitive in that the 
modulation frequency and infrared wavelengths could be useful in 
attempted countermeasure developments.
    4. If a technologically advanced adversary were to obtain knowledge 
of the specific hardware in the proposed sale, the information could be 
used to develop countermeasures which might reduce weapons system 
effectiveness or be used in the development of a system with similar or 
advanced capabilities.
[FR Doc. 2011-32795 Filed 12-21-11; 8:45 am]
BILLING CODE 5001-06-P

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