15 June 2009

[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Notices]               
[Page 28222-28223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn09-32]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Navy

 
Notice of Availability for Donation of the Patrol Combatant ex-
CANON (PG 90), Destroyer ex-FORREST SHERMAN (DD 931), and Aircraft 
Carrier ex-RANGER (CV 61)

AGENCY: Department of the Navy, DoD.

ACTION: Notice.

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

SUMMARY: The Department of the Navy (DoN) hereby gives notice of the 
availability for donation, under the authority of 10 U.S.C. 7306, of 
the patrol combatant ex-CANON (PG 90), destroyer ex-FORREST SHERMAN (DD 
931), both located at Inactive Ships On-site Maintenance Office, 
Philadelphia, PA, and aircraft carrier ex-RANGER (CV 61), located at 
Inactive Ships On-site Maintenance Office, Bremerton, WA. Availability 
for donation of these vessels was previously announced in Federal 
Register notices dated August 13, 2002, for ex-CANON (PG 90), September 
11, 2001, and June 18, 2004, for ex-FORREST SHERMAN (DD 931), and March 
22, 2004, for ex-RANGER (CV 61). This notice cancels and supersedes 
Federal Register notices Vol. 67, No. 156, Vol. 66, No. 176, Vol. 69, 
No. 117, and Vol. 69, No. 55.

DATES: The deadline for submission of a Letter of Intent and Executive 
Summary is sixty (60) days from the date of this notice.

SUPPLEMENTARY INFORMATION: Under the authority of 10 U.S.C. 7306, 
eligible recipients for the transfer of a vessel for donation 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 not-for-profit or nonprofit entity.
    The transfer of a vessel for donation under 10 U.S.C. 7306 shall be 
at no cost to the United States Government.
    The donee will be required to maintain ex-CANON, ex-FORREST 
SHERMAN, or ex-RANGER as a static display in a condition that is 
satisfactory to the Secretary of the Navy.
    The Navy has revised its ship donation application process, which 
applies to ex-CANON, ex-FORREST SHERMAN, and ex-RANGER. Phase I 
documentation consists of a Letter of Intent and an Executive Summary 
which must be submitted within sixty (60) days of this Federal Register 
notice. The Navy will provide written notification to those whose Phase 
I documentation is acceptable to submit Phase II documentation 
consisting of Business/Financial and Environmental plans, within twelve 
(12) months of such notice. The Navy will provide written notification 
to those whose Phase II documentation is acceptable to submit Phase III 
documentation consisting of Towing, Mooring, Maintenance, and 
Curatorial/Museum plans, within six (6) months of such notice. 
Applicants who fail to meet the minimum requirements at any phase may 
be disqualified from participating in the next phase of these ship 
donation opportunities.
    Actions Required: Within sixty (60) days of this Federal Register 
notice, applicants must complete and submit Phase I documentation for 
ex-CANON, ex-FORREST SHERMAN, or ex-RANGER, consisting of a Letter of 
Intent and Executive Summary. The minimum requirements are identified 
herein. Applicants are advised to take special notice of page length 
limitations for Phase I documentation.
    Phase I of the ship donation application process must include the 
following documentation addressing the following areas:
    a. Letter of Intent: The Letter of Intent must include the 
following:
    (1) Identify the specific vessel sought for donation (ex-CANON, ex-
FORREST SHERMAN, or ex-RANGER);
    (2) Include a statement that the vessel will be used as a static 
public display as a museum or memorial without activating any system 
aboard the vessel for the purpose of navigation or movement of the 
vessel;
    (3) Identify the proposed permanent berthing location for the 
vessel to be used as a static public display, identify the current 
property owner of the proposed permanent berthing location, and provide 
evidence from the current property owner of its intent to make the 
proposed permanent berthing location available to the applicant;
    (4) Include a statement that the applicant understands and agrees 
that it will be solely responsible to obtain, repair, and maintain the 
vessel used as a static public display at its own expense, in a 
condition satisfactory to the Secretary of the Navy, in compliance with 
all Federal, State, and local laws, that no expense shall be incurred 
by the United States Government, and that the applicant will not seek 
financing from the United States Government;
    (5) Include a statement that the applicant understands and agrees 
to take delivery of the vessel in an ``as is/where is'' condition, and 
assume all costs associated with the vessel's removal from Navy 
custody, including, but not limited to, towing, insurance, berthing, 
restoration, maintenance and repair, periodic dry-docking, and, 
ultimately, ship dismantling in the United States;
    (6) Include a statement that the applicant will not use the vessel 
as a static public display other than as stated, or destroy, transfer, 
or otherwise dispose of such vessel or any artifacts without the 
written approval of the Secretary of the Navy or his designee;
    (7) Include a statement that the applicant will agree to indemnify, 
hold harmless, and defend the Government from and against all claims, 
demands, actions, liabilities, judgment costs, and attorney's fees, 
arising out of, claimed on account of, or in any manner predicated upon 
personal injury, death, or property damage caused by or resulting from 
possession and/or use of the donated property;
    (8) 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, the applicant 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, Section 
501(c)(3), or submit evidence that the applicant has filed the 
appropriate documentation in order to obtain tax exempt status;
    (9) If the applicant asserts that it is a corporation or an 
association whose charter or articles of agreement deny it the right to 
operate for profit, the applicant must provide a properly notarized 
copy of its charter, a certificate of incorporation, and a copy of the 
organization's by-laws;
    (10) Provide a notarized copy of the resolution or other action of 
the applicant's governing board authorizing the person signing the 
Letter of Intent to represent the organization and to sign on its 
behalf for the purpose of obtaining the vessel;
    (11) Provide a signed copy of the Assurance of Compliance Form in 
compliance with Title VI of the Civil

[[Page 28223]]

Rights Act of 1964. See the Ship Donation web page for the Civil Rights 
Compliance (Assurance of Compliance) Form located as Appendix D to Ship 
Donation Program Manual (NAVSEA Instruction 4520.1B), at this link: 
http://teamships.crane.navy.mil/Inactiveships/Donation/
applicationinfo.htm;
    b. Executive Summary: The applicant shall limit the Executive 
Summary submission to eleven (11) pages total. The Executive Summary 
must address the following:
    (1) Organizational Description: Provide an overview of the 
applicant's organizational structure, functional components, and names 
of current key leadership and staff positions;
    (2) Market Analysis: Summarize the local and regional market demand 
for additional museum/memorial attractions. Succinctly define the 
target market. Discuss the available demographic information, the 
existing competition in the local and regional area for visitor museum/
memorial attractions, visitor attendance numbers for existing area 
museum/memorial attractions, and projected visitor attendance for the 
applicant's proposal;
    (3) Marketing and Sales Outreach: Outline the overarching marketing 
strategy for integrating the proposed ship museum/memorial into the 
local and regional community, and how the applicant plans to penetrate 
that market. Provide an overview of customer and market analysis, 
marketing communications, and sales strategies;
    (4) Museum/Memorial Services Assessment: Discuss the benefits the 
proposed ship museum/memorial will offer to visitors/customers and the 
community. Identify challenges anticipated in establishing a new ship 
museum/memorial. Cite available data/evidence regarding the willingness 
of a defined customer base to pay for the services being offered;
    (5) Funding: Provide a Rough Order of Magnitude (ROM) cost estimate 
that the applicant anticipates will be required to cover all costs 
associated with the acquisition/start-up costs of the proposed ship 
donation transfer, including mooring, towing, environmental surveys and 
cleanup, dredging, museum development, maintenance, refurbishment of 
the vessel to be used as a static public display, pier, insurance, 
legal services, etc. Separately provide a ROM cost estimate of the 
annual operational and support costs of the proposed ship museum/
memorial. In addition, provide a ROM cost estimate of the applicant's 
cost of dismantling the vessel in the United States upon completion of 
its use as a museum/memorial or in the event of bankruptcy or inability 
to properly maintain the vessel to be used as a static public display;
    (6) Financial: Provide a summary of projected sources of income to 
support both the acquisition/start-up costs and the annual operational 
and support costs for the vessel used as a static public display;
    (7) Environmental: Discuss the challenges anticipated in meeting 
the environmental requirements regarding hazardous materials, 
maintenance of polychlorinated biphenyls (PCB) containing materials, 
endangered species, dredging disposal, and required environmental 
permits from all cognizant authorities;
    (8) Mooring: Discuss the approach to be proposed for the mooring 
plan for the vessel used as a static public display, including 
location, design, and mooring system in accordance with U.S. Coast 
Guard (USCG) requirements;
    (9) Towing: Discuss the approach to be proposed for relocating the 
vessel from its current location to the proposed permanent berth 
location in conformance with the Navy Tow Manual and USCG requirements;
    (10) Maintenance: Discuss the challenges in restoring and 
preserving for an indefinite period the steel-hulled vessel proposed as 
a ship museum/memorial; and
    (11) Curatorial/Museum: Discuss the approach to be proposed for 
display and interpretation of the vessel used as a static public 
display, including collection management procedures.
    The Phase I documentation (Letter of Intent and Executive Summary) 
must be submitted to the Navy Inactive Ships Program in hard copy and 
electronically on a CD-ROM in either an MS Word document or word 
searchable PDF format. The Phase I documentation must be mailed to: The 
Columbia Group, 1201 M Street, SE., Suite 020, Washington, DC 20003; 
marked for the Ship Donation Project Manager (PMS 333). Applicants are 
discouraged from photocopying, cutting and pasting, and generally 
providing information which is easily accessible via the internet and/
or is already in the public domain. Original content which is specific 
to the vessel being donated is of greatest importance to the 
evaluators.
    If the DoN does not receive satisfactory Phase I documentation 
(Letter of Intent and Executive Summary) from any applicant, the DoN 
reserves the right to enter into discussions with all applicants in an 
effort to achieve at least one acceptable submission; or remove the 
vessel from donation consideration and proceed with disposal of the 
vessel.
    Note that any future changes to guidelines, policy, and law will be 
reflected in the guidance published on the DoN Ship Donation web page 
located at: http://teamships.crane.navy.mil/Inactiveships/Donation. 
Guidance and requirements posted on the Ship Donation Web page shall 
take precedence over the contents of the Federal Register notice. 
Applicants are advised to read and follow the Web page guidance for the 
most current set of ship donation requirements.
    For Further Information and Submission of Ship Donation 
Applications, Contact: Ms. Elizabeth Freese of the Naval Sea Systems 
Command, Navy Inactive Ships Program (PMS 333), telephone number 202-
781-4423. Mailed correspondence should be addressed to: The Columbia 
Group, 1201 M Street SE., Suite 020, Washington, DC 20003; marked for 
Ship Donation Project Manager (PMS 333).

    Dated: June 8, 2009.
A.M. Vallandingham,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. E9-14043 Filed 6-12-09; 8:45 am]

BILLING CODE 3810-FF-P