Notice of United States Shipwreck Custody and Control; Protecting Sunken Vessels and Cargo, 45452-45453 [2023-15032]

Agencies

• Maritime Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45452-45453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15032]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration


Notice of United States Shipwreck Custody and Control; Protecting 
Sunken Vessels and Cargo

AGENCY: Maritime Administration (MARAD), Department of Transportation 
(DOT).

ACTION: Notice.

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SUMMARY: This notice serves to inform the public that United States 
custody and control extends to any shipwreck of a vessel that at the 
time of its sinking was owned or under charter of MARAD or one of its 
predecessor agencies. United States custody and control also extends by 
right of subrogation to shipwreck cargoes, as the loss of which was 
covered and paid for by insurance programs administered by MARAD or by 
one of its predecessor agencies. MARAD's predecessor agencies include 
the United States Shipping Board, the Emergency Fleet Corporation, the 
Merchant Fleet Corporation, the Shipping Board of the U.S. Department 
of Commerce, the War Shipping Administration, and the United States 
Maritime Commission. MARAD is authorized to protect the property 
interests of the United States government and to protect the war graves 
associated with all such shipwrecks. Pursuant to its authority, on 
behalf of the United States, MARAD

[[Page 45453]]

does not consent to the salvage of such shipwrecks and or their 
cargoes.
    Those engaging in unauthorized activities involving shipwrecks and 
cargoes in MARAD's custody or control whether located in the waters of 
the United States, a foreign nation, or in international waters are 
advised that no disturbance or recovery from these shipwrecks or their 
cargoes may legally take place without the express permission of MARAD.

FOR FURTHER INFORMATION CONTACT: Wendy Coble, MARAD History Program, 
202-366-8988, or via email at [email protected]. Office hours are 
from 9:00 a.m. to 5:00 p.m., E.T., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Shipwrecks in the custody and or control of MARAD are highly 
threatened by illegal salvage. MARAD custody and control extends to any 
shipwreck of a vessel at the time of its sinking that was owned by or 
under charter of MARAD or one of its predecessor agencies. MARAD 
custody and control also extends by right of subrogation to shipwreck 
cargoes, as the loss of which was covered and paid for by insurance 
programs administered by MARAD or by one of its predecessor agencies. 
MARAD's predecessor agencies are the United States Shipping Board, the 
Emergency Fleet Corporation, the Merchant Fleet Corporation, the 
Shipping Board of the U.S. Department of Commerce, the War Shipping 
Administration, and the United States Maritime Commission.
    Pursuant to the property clause of Article IV of the Constitution, 
the United States' title is indefinite in its property, including 
shipwrecks and government-owned cargoes, unless title has been 
abandoned or transferred in a manner authorized or directed by 
Congress. Title to property of the United States, even when sunk, is 
not extinguished by passage of time or location, regardless of when and 
where such vessel was lost.
    MARAD is authorized to protect the property interests of the United 
States government subject to its custody and or control including all 
appropriate means of historic and environmental preservation. MARAD is 
also authorized to protect the war graves associated with shipwrecks. 
Those engaging in unauthorized activities involving shipwrecks and 
cargoes belonging to MARAD or those vessels of MARAD's predecessor 
agencies are advised that no disturbance or recovery from said 
shipwrecks or cargoes can legally take place without the express 
permission of MARAD. The United States will use its authority to 
protect and preserve its shipwrecks and their cargoes whether located 
in the waters of the United States, a foreign nation, or in 
international waters.
    MARAD's written consent must be given before any activity can 
commence at a MARAD shipwreck site. Please note that while MARAD 
prefers non-intrusive, in situ research, it recognizes that in certain 
situations disturbance or artifact recovery may be justified or become 
necessary. To obtain MARAD's consent for any activity, you must send a 
written request to the address provided in the FOR FURTHER INFORMATION 
CONTACT section above. Your request must provide your contact 
information and details regarding the goals of the activities proposed 
to be permitted, the dates and locations the activities are proposed to 
be performed, and a description of the activities to be performed with 
the methodologies being considered for such activities. Any permission 
from MARAD will be issued in writing.

(Authority: 46 U.S.C. 57111; 49 CFR 1.93(a))

    By order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2023-15032 Filed 7-14-23; 8:45 am]
BILLING CODE 4910-81-P