[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]
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