Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 78999 

public input on the scope of the analysis 

through a public comment period on the 

NOI from March 1, 2019, to April 15, 

2019. 

Based on the range of alternatives 

developed for this action, the Council 

has determined that it is not necessary 

to prepare an EIS for Amendment 21 

and, instead, is developing an 

environmental assessment to analyze 

the impacts of the Amendment. 

Consequently, we are informing the 

public that the Council will not be 

developing an EIS for Amendment 21 

and that we are withdrawing the NOI 

published on March 1, 2019. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 3, 2020. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2020–26944 Filed 12–7–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal No. 20–35] 

Arms Sales Notification 

AGENCY: Defense Security Cooperation 

Agency, Department of Defense. 

ACTION: Arms sales notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of an 

arms sales notification. 

FOR FURTHER INFORMATION CONTACT: 

Karma Job at karma.d.job.civ@mail.mil 

or (703) 697–8976. 

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 

20–35 with attached Policy Justification 

and Sensitivity of Technology. 

Dated: November 25, 2020. 

Kayyonne T. Marston, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 


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79000 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 

Transmittal No. 23–35 

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 Switzerland 

(ii) Total Estimated Value: 

Major Defense Equipment* .. $4.08 billion 

Other ...................................... .50 billion 

TOTAL ............................... 6.58 billion 

(iii) Description and Quantity or 

Quantities of Articles or Services under 

Consideration for Purchase: 

Major Defense Equipment (MDE): 

Forty (40) F-35 Joint Strike Fighter 

Conventional Take Off and Landing 

(CTOL) Aircraft 

Forty-six (46) Pratt & Whitney F-135 

Engines (40 installed and 6 spares) 

Forty (40) Sidewinder AIM-9X Block II+ 

(Plus) Tactical Missiles 

Fifty (50) Sidewinder AIM-9X Block II 

Captive Air Training Missiles 

(CATMs) 

Six (6) Sidewinder AIM-9X Block II 

Special Air Training Missiles 

(NATMS) 

Four (4) Sidewinder AIM-9X Block II 

Tactical Guidance Units 

Ten (10) Sidewinder AIM-9X Block II 

CATM Guidance Units 

Eighteen (18) KMU-572 JDAM Guidance 

Kits for GBU-54 

Twelve (12) Bomb MK-82 500LB, 

General Purpose 

Twelve (12) Bomb MK-82, Inert 

Twelve (12) GBU-53/B Small Diameter 

Bomb II (SDB II) All-Up Round (AUR) 

Eight (8) GBU-53/B SDB II Guided Test 

Vehicle (GTV) 

Non-MDE: 

Also included are Electronic Warfare 

Systems; Command, Control, 

Communications, Computer and 

Intelligence/Communications, 

Navigational, and Identification (C4I/ 

CNI); Autonomic Logistics Global 

Support System (ALGS); Autonomic 

Logistics Information System (ALIS); 

Full Mission Trainer; Weapons 

Employment Capability and other 

Subsystems, Features, and Capabilities; 

F-35 unique infrared flares; 

reprogramming center access; F-35 

Performance Based Logistics; software 

development/integration; flight test 

instrumentation; aircraft ferry and 

tanker support; Detector Laser DSU38A/B, Detector Laser DSU-38A(D-2)/B, 

FMU-139D/B Fuze, KMU-572(D-2)/B 

Trainer (JDAM), 40 inch Wing Release 

Lanyard; GBU-53/B SDB II Weapon 

Load Crew Trainers (WLCT); Cartridge, 

25 mm PGU-23/U; weapons containers; 

aircraft and munitions support and test 

equipment; communications equipment; 

spares and repair parts; repair and 

return support; personnel training and 

training equipment; publications and 

technical documents; U.S. Government 

and contractor engineering, technical, 

and logistics support services; and other 

related elements of logistical and 

program support. 

(iv) Military Department: Air Force 

(SZ–D–SAA; SZ–D–YAD), Navy (SZ–P– 

LAY) 

(v) Prior Related Cases, if any: None 

(vi) Sales Commission, Fee, etc., Paid, 

Offered, or Agreed to be Paid: None 

(viii) Sensitivity of Technology 

Contained in the Defense Article or 

Defense Services Proposed to be Sold: 

See Attached Annex 

(viii) Date Report Delivered to 

Congress: September 30, 2020 

*As defined in Section 47(6) of the 

Arms Export Control Act. 

POLICY JUSTIFICATION 

Switzerland—F-35 Joint Strike Fighter 

Aircraft and Weapons 

The Government of Switzerland 

requested to buy up to forty (40) F-35 

Joint Strike Fighter Conventional Take 

Off and Landing (CTOL) aircraft; fortysix (46) Pratt & Whitney F-135 engines; 

forty (40) Sidewinder AIM-9X Block II+ 

(Plus) Tactical Missiles; fifty (50) 

Sidewinder AIM-9X Block II Captive Air 

Training Missiles (CATMs); six (6) 

Sidewinder AIM-9X Block II Special Air 

Training Missiles (NATMS); four (4) 

Sidewinder AIM-9X Block II Tactical 

Guidance Units; ten (10) Sidewinder 

AIM-9X Block II CATM Guidance Units; 

eighteen (18) KMU-572 JDAM Guidance 

Kits for GBU-54; twelve (12) Bomb MK82 500LB, General Purpose; twelve (12) 

Bomb MK-82, Inert; twelve (12) GBU53/B Small Diameter Bomb II (SDB II) 

All-Up Round (AUR); and eight (8) 

GBU-53/B SDB II Guided Test Vehicle 

(GTV). Also included are Electronic 

Warfare Systems; Command, Control, 

Communications, Computer and 

Intelligence/Communications, 

Navigational, and Identification (C4I/ 

CNI); Autonomic Logistics Global 

Support System (ALGS); Autonomic 

Logistics Information System (ALIS); 

Full Mission Trainer; Weapons 

Employment Capability and other 

Subsystems, Features, and Capabilities; 

F-35 unique infrared flares; 

reprogramming center access; F-35 

Performance Based Logistics; software 

development/integration; flight test 

instrumentation; aircraft ferry and 

tanker support; Detector Laser DSU38A/B, Detector Laser DSU-38A(D-2)/B, 

FMU-139D/B Fuze, KMU-572(D-2)/B 

Trainer (JDAM), 40 inch Wing Release 

Lanyard; GBU-53/B SDB II Weapon 

Load Crew Trainers (WLCT); Cartridge, 

25 mm PGU-23/U; weapons containers; 

aircraft and munitions support and test 

equipment; communications equipment; 

spares and repair parts; repair and 

return support; personnel training and 

training equipment; publications and 

technical documents; U.S. Government 

and contractor engineering, technical, 

and logistics support services; and other 

related elements of logistical and 

program support. The total estimated 

cost is $6.58 billion. 

This proposed sale will support the 

foreign policy and national security of 

the United States by helping to improve 

the security of a friendly European 

nation that continues to be an important 

force for political stability and economic 

progress in Europe. 

This proposed sale of F-35s and 

associated missiles and munitions will 

provide the Government of Switzerland 

with a credible defense capability to 

deter aggression in the region. The 

proposed sale will also replace 

Switzerland’s retiring F/A-18s and 

enhance its air-to-air and air-to-ground 

self-defense capability. Switzerland will 

have no difficulty absorbing these 

aircraft 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. This proposal is being offered in the 

context of a competition. 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 require multiple trips to 

Switzerland involving U.S. Government 

and contractor representatives for 

technical reviews/support, program 

management and training over the life of 

the program. U.S. contractor 

representatives will be required in 

Switzerland to conduct Contractor 

Engineering Technical Services (CETS) 

and Autonomic Logistics and Global 

Support (ALGS). 

There will be no adverse impact on 

U.S. defense readiness as a result of this 

proposed sale. 


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Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 79001 

Transmittal No. 20–35 

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 singleseat, 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 airto-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 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 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, selfidentification, 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 aircraft C4I/CNI system 

includes two data links: the MultiFunction Advanced Data Link (MADL) 

and Link 16. The MADL is designed 

specifically for the F-35 and allows for 

stealthy communications between F35s. Link 16 data link 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 

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 OnBoard 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 Reprogramming Center is 

located in the United States and 

provides F-35 customers with a means 

to update F-35 EW databases. 

3. The AIM-9X Block II and Block II+ 

(Plus) SIDEWINDER Missile represents 

a substantial increase in missile 

acquisition and kinematics performance 

over the AIM-9M and replaces the AIM9X Block I Missile configuration. The 


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79002 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 

missile includes 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. 

Purchase will include AIM-9X Guidance 

Sections. 

4. 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 Inertial 

Navigation System/Global Positioning 

System (INS/GPS) guidance. This 

provides the optional capability to strike 

moving targets. The GBU-54 consists of 

a laser guidance set, KMU-572 warhead 

specific tail kit, and MK-82 bomb body. 

5. The GBU-53/B Small Diameter 

Bomb Increment II (SDB II) is a 250-lb 

class precision-guided, semiautonomous, conventional, air-toground 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) to 

autonomously search, acquire, track, 

and defeat targets. The SDB II employs 

a multi-effects warhead (Blast, 

Fragmentation, and ShapedCharge) for 

maximum lethality against armored and 

soft targets. The SDB II weapon system 

consists of the AUR weapon; a 4-place 

common carriage system; and mission 

planning system application. 

a. SDB II Guided Test Vehicles (GTV) 

is an SDB II configuration used for land 

or sea range-based testing of the SDB II 

weapon system. The GTV has common 

flight characteristics of an SDB II AUR, 

but in place of the multi-effects warhead 

is a Flight Termination, Tracking, and 

Telemetry (FTTT) subassembly that 

mirrors the AUR multi-effects warhead’s 

size and mass properties, but provides 

safe flight termination, free flight 

tracking and telemetry of encrypted data 

from the GTV to the data receivers. The 

SDB II GTV can have either inert or live 

fuses. All other flight control, guidance, 

data-link, and seeker functions are 

representative of the SDB II AUR. 

b. SDB II Captive Carry Reliability 

Test (CCRT) vehicles are an SDB II 

configuration primarily used for 

reliability data collection during 

carriage. The CCRT has common 

characteristics of an SDB II AUR but 

with an inert warhead and fuze. The 

CCRT has an inert mass in place of the 

warhead that mimics the warhead’s 

mass properties. The CCRT is a flight 

capable representative of the SDB II 

AUR but is not approved for release 

from any aircraft. Since all other flight 

control, guidance, data-link, and seeker 

functions are representative of the SDB 

II AUR, this configuration could be used 

for any purpose where an inert round 

without telemetry or termination 

capability would be useful. 

6. This sale will involve the release of 

sensitive and/or classified technology. 

The highest level of classification of 

information included in this potential 

sale is SECRET. 

7. 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 advanced capabilities. 

8. A determination has been made 

that Switzerland 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. 

9. All defense articles and services 

listed in this transmittal are authorized 

for release and export to the 

Government of Switzerland. 

[FR Doc. 2020–26885 Filed 12–7–20; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Certificate of Alternate Compliance for 

USS OREGON (SSN 793) 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice of Issuance of Certificate 

of Alternate Compliance. 

SUMMARY: The U.S. Navy hereby 

announces that a Certificate of Alternate 

Compliance has been issued for USS 

OREGON (SSN 793). Due to the special 

construction and purpose of this vessel, 

the Deputy Assistant Judge Advocate 

General (DAJAG) (Admiralty and 

Maritime Law) has determined it is a 

vessel of the Navy which, due to its 

special construction and purpose, 

cannot comply fully with the certain 

provisions of the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS) without 

interfering with its special function as a 

naval ship. The intended effect of this 

notice is to warn mariners in waters 

where 72 COLREGS apply. 

DATES: This Certificate of Alternate 

Compliance is effective December 8, 

2020 and is applicable beginning 

November 20, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant J. Martin Bunt, JAGC, U.S. 

Navy, Admiralty Attorney, Office of the 

Judge Advocate General, Admiralty and 

Maritime Law Division (Code 11), 1322 

Patterson Ave. SE, Suite 3000, 

Washington Navy Yard, DC 20374– 

5066, 202–685–5040, or admiralty@

navy.mil. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose. Executive 

Order 11964 of January 19, 1977 and 33 

U.S.C. 1605 provide that the 

requirements of the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), as to the 

number, position, range, or arc of 

visibility of lights or shapes, as well as 

to the disposition and characteristics of 

sound-signaling appliances, shall not 

apply to a vessel or class of vessels of 

the Navy where the Secretary of the 

Navy shall find and certify that, by 

reason of special construction or 

purpose, it is not possible for such 

vessel(s) to comply fully with the 

provisions without interfering with the 

special function of the vessel(s). Notice 

of issuance of a Certificate of Alternate 

Compliance must be made in the 

Federal Register. 

In accordance with 33 U.S.C. 1605, 

the DAJAG (Admiralty and Maritime 

Law), under authority delegated by the 

Secretary of the Navy, hereby finds and 

certifies that USS OREGON (SSN 793) is 

a vessel of special construction or 

purpose, and that, with respect to the 

position of the following navigational 

lights, it is not possible to comply fully 

with the requirements of the provisions 

enumerated in the 72 COLREGS without 

interfering with the special function of 

the vessel: 

Rule 23(a) and Annex I, paragraph 

2(a)(i), pertaining to the vertical 

placement of the masthead light, and 

Annex I, paragraph 2(f)(i), pertaining to 

the masthead light being above and 

clear of all other lights and obstructions; 

Rule 30(a), Rule 21(e), and Annex I, 

paragraph 2(k), pertaining to the vertical 

separation of the anchor lights, vertical 

placement of the forward anchor light 

above the hull, and the arc of visibility 

of all-around lights; Rule 23(a) and 

Annex I, paragraph 3(b), pertaining to 

the location of the sidelights; and Rule 


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