[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Notices]
[Pages 4493-4494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1497]


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DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Availability for Donation as a Museum/Memorial, 
Submarine ex-DOLPHIN (AGSS-555)

AGENCY: Department of the Navy, DoD.

ACTION: Notice.

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SUMMARY: The Department of the Navy (DON) hereby gives notice of the 
availability for donation, under the authority of 10 U.S.C. Sect. 7306, 
of the diesel-powered submarine ex-DOLPHIN (AGSS-555), for use as a 
static museum/memorial for public display. The ex-DOLPHIN was 
decommissioned and struck from the Naval Vessel Register on January 15, 
2007, and is located in San Diego, CA, its historic homeport. It is in 
the best interest of the Government to limit consideration of potential 
donees to entities that will provide permanent berthing in San Diego 
for public display of ex-DOLPHIN, thus recognizing the submarine's 
service in its historic homeport, while avoiding the DON's need to move 
the vessel to another location pending completion of the donation 
process. Eligible recipients include: (1) Any State, Commonwealth, or 
possession of the United States, or any municipal corporation or 
political subdivision thereof; (2) the District of Columbia; or (3) any 
organization incorporated as a non-profit entity under section 501 of 
the Internal Revenue Code that will provide permanent berthing and 
display the vessel in San Diego.
    The transfer of a vessel for donation under 10 U.S.C. Sect. 7306 
shall be made at no cost to the United States Government. The donee 
will be required to maintain the vessel as a static display in a 
condition that is satisfactory to the Secretary of the Navy.
    A letter of intent will be required within 30 days from the date of 
this notice and all donation applications must be received within six 
months from the date of this notice. The DON will foreclose 
consideration of donation of ex-DOLPHIN to any entity that does not 
submit a letter of intent to the DON within 30 days of the date of this 
notice.
    Prospective donees must submit a letter of intent to the Navy 
Inactive Ships Program office within 30 days of this Federal Register 
notice. The letter of intent must:
    a. Identify the specific vessel sought for donation;
    b. Include a statement of the proposed use for the vessel;
    c. Identify the proposed permanent berthing location;
    d. If the applicant is not a State, commonwealth, or possession of 
the United States, or a political subdivision or municipal corporation 
thereof, or the District of Columbia, it must provide a copy of a 
determination letter by the Internal Revenue Service that the applicant 
is exempt from tax under the Internal Revenue Code, or submit evidence 
that the applicant has filed the appropriate documentation in order to 
obtain tax exempt status;
    e. If the applicant asserts that it is a corporation or association 
whose charter or articles of agreement denies it the right to operate 
for profit, it must provide a properly authenticated copy of the 
charter, certificate of incorporation, and a copy of the organization's 
by-laws;
    f. Provide a notarized copy of the resolution or other action of 
the applicant's governing board authorizing the person signing the 
application to represent the organization and to sign on its behalf for 
the purpose of obtaining a vessel; and
    g. Provide written affirmation that the prospective donee can 
submit a complete ship donation application to the DON, compliant with 
the DON application requirements, within six months of this Federal 
Register notice.
    Upon receipt of the letter of intent, the DON will contact the 
prospective donee(s) to ensure a full understanding of the application 
requirements, which are located at http://www.navsea.navy.mil/NDP.
    Qualified organizations who submit a letter of intent for ex-
DOLPHIN (AGSS-555) must submit a complete application to the DON within 
six months of this notice, comprised of a business/financial plan, a 
technical plan (includes a towing plan, mooring plan, maintenance plan, 
and environmental plan), a curatorial/museum plan, and a community 
support plan (includes information concerning support from the 
community and benefit to the Navy). The application must address the 
following areas:
    a. Business/Financial Plan: The Business/Financial Plan must detail 
the estimated start-up and operating costs, and provide detailed 
evidence of firm financing adequate to cover these costs. Start-up 
costs include towing, mooring (this includes but not limited to the 
cost of acquiring and improving facilities, and dredging if required), 
ship restoration, museum development, and meeting environmental 
requirements (including permitting fees and expenses). Operating costs 
are those costs associated with operating and maintaining the vessel as 
a museum/memorial, including rent, utilities, personnel, insurance, 
periodic dry-docking, etc. Firm financing means available funding to 
ensure the first five years of operation and future stability for long-
term operation. This can include pledges, loans, gifts, bonds (except 
revenue bonds), funds on deposit at a financial institution, or any 
combination of the above. The applicant must also provide income 
projections from sources such as individual and group admissions, 
facility rental fees and gift shop revenues sufficient to cover the 
estimated operating expenses.
     b. Technical: The technical plan is comprised of a Towing Plan, 
Mooring Plan, Maintenance Plan, and Environmental Plan.
    The Towing Plan describes how the vessel will be prepared for tow 
and safely towed from its present location to the permanent display 
site proposed by the applicant. The Towing Plan must

[[Page 4494]]

include a completed draft checklist of applicable requirements based on 
Appendix H of the U.S. Navy Tow Manual, which can be found at http://www.supsalv.org/pdf/towman.pdf.
    The Mooring Plan describes how the vessel will be secured at its 
permanent display site during normal and extreme weather conditions 
(including the 100-year storm event) to prevent damage to the vessel, 
its mooring system, the pier, and surrounding facilities. It will also 
provide evidence of availability of a facility for permanent mooring of 
the vessel, either by ownership, existing lease, or by letter from the 
facility owners indicating a statement of intent to utilize such 
facilities. It must also address any requirement to obtain site-
specific permits and/or municipal approvals required for the facility, 
to include but not limited to, Port Authority and Army Corps of 
Engineers approvals/permits, where required. The mooring location must 
be acceptable to the DON and not obstruct or interfere with navigation.
    The Environmental Plan describes how the applicant will comply with 
all Federal, State, and local environmental and public health and 
safety regulations and permit requirements. The applicant must also 
provide information necessary for the Navy to complete an environmental 
assessment of the Donation as required by the National Environmental 
Policy Act, including the impact of the Donation on the natural and 
man-made environment, local infrastructure, and evaluation of the 
socio-economic consequences of the donation.
    The Maintenance Plan must describe plans for long-term and short-
term maintenance of the vessel, including preservation and periodic 
maintenance schedule, underwater hull inspections, emergency response 
and fire/flood/intrusion control, pest control, security, periodic dry-
docking, and the qualifications of the maintenance team.
    c. The Curatorial/Museum Plan includes two parts: A Curatorial Plan 
and a Historic Management Plan. The Curatorial Plan must describe the 
qualifications for a professional curator (and curator staff, if 
necessary). The plan must also describe how the museum will collect and 
manage artifacts, including a statement of purpose and description of 
access, authority, and collection management responsibilities. The 
Historic Management Plan must describe how the museum will display the 
vessel and exhibits, including a description of the historical context 
of the ship, vessel restoration plans, historical subject matter that 
will be displayed with the vessel, and exhibit display plans.
    d. The Community Support Plan must include evidence of local 
support. Evidence of regional support should also be provided. This 
includes letters of endorsement from adjacent communities and counties, 
cities or States. Also describe how the location of the vessel will 
encourage public visitation and tourism, become an integral part of the 
community, and how the vessel will enhance community development. The 
Community Support Plan must also describe the benefit to the DON, 
including but not limited to, addressing how the prospective donee may 
support DON recruiting efforts, the connection between the Navy and the 
proposed berthing location, how veterans associations in the area are 
willing to support the vessel, how the prospective donee will honor 
veterans' contributions to the United States, and how the exhibit will 
commemorate those contributions and showcase Naval traditions.
    The relative importance of each area that must be addressed in the 
Donation application is as follows: Business/Financial Plan and 
Technical Plan are the most important criteria and are equal in 
importance. Within the Technical Plan, the Mooring Plan is of greatest 
importance, and the Towing Plan, Maintenance Plan, and Environmental 
Plan are individually of equal importance but of lesser importance to 
the Mooring Plan. The Curatorial/Museum Plan and Community Support Plan 
are of equal importance, but of lesser importance than the 
aforementioned plans.
    Evaluation of the application(s) will be performed by the Navy to 
ensure the application(s) are compliant with the minimum acceptable 
application criteria and requirements. In the event of multiple 
compliant applications, the DON will perform a comparative evaluation 
of the applications to determine the best-qualified applicant. The 
adjectival ratings to be used for each criterion include: Outstanding, 
Good, Satisfactory, Marginal, and Unsatisfactory. The Secretary of the 
Navy, or his designee, will make the final Donation decision.
    Additional information concerning the application process and 
requirements are found on the DON Ship Donation Web site, http://
www.navsea.navy.mil/ndp. The complete application must be submitted in 
hard copy and electronically on a CD to the Navy Inactive Ships Program 
office within six months of this Federal Register notice. In the 
absence of a viable donation application, the DON reserves the right to 
remove ex-DOLPHIN from donation consideration and proceed with disposal 
of the vessel.

FOR FURTHER INFORMATION AND SUBMISSION OF SHIP DONATION APPLICATIONS, 
CONTACT: Commander, Program Executive Office Ships (PEO SHIPS), PMS333, 
Navy Inactive Ships Program, ATTN: Ms. Gloria Carvalho (PMS 333G), c/o 
Columbia Research Corp., 1201 M Street, SE., Suite 010, Washington, DC 
20003, telephone number 202-781-0485.

    Dated: January 24, 2007.
M.A. Harvison,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
 [FR Doc. E7-1497 Filed 1-30-07; 8:45 am]
BILLING CODE 3810-FF-P