A federal judge in charge of Titanic wreck turned down an invitation to take ill-fated sub dive and see it herself

• OceanGate Expeditions' lost contact with its sub Sunday en route to the wreckage of the Titanic.
• Federal agencies are racing to find the vessel before its five passengers run out of breathable air.

A U.S. federal judge who has overseen access to the wreckage of the RMS Titanic for more than two decades was invited onto the submersible that lost contact Sunday morning after diving towards the shipwreck – but asked for a raincheck.

The judge, Rebecca Beach Smith, has supervised the famous wreck since 2002 from her seat on the U.S. District Court in Norfolk, Virginia.

In April, a consultant for OceanGate Expeditions notified her of the company's intent to "undertake a series of photographic and scientific survey expeditions at the wreck site of the R.M.S. Titanic during the summer of 2023."

"If you would like to personally participate in [the] 2023 Titanic Survey Expedition, you are more than welcome to do so as a guest of OceanGate Expeditions," added the consultant, David Concannon. Concannon did not immediately respond to a request for comment.

In her reply the next month, Beach Smith politely declined. "I thank you for the invitation to participate in the 2023 Titanic Survey Expedition, and perhaps, if another expedition occurs in the future, I will be able to do so," she wrote. "That opportunity would be quite informative and present a first 'eyes on' view of the wreck site by the Court." Beach Smith did not immediately respond to a request for comment.

Beach Smith's decision was fortuitous. On Sunday, OceanGate's submersible, the Titan, lost contact with the surface nearly two hours after beginning its descent towards the wreckage in the North Atlantic, sparking a race to locate the vessel before its air supply is depleted.

A multi-agency rescue mission is underway. The Coast Guard estimates that the Titan's five passengers will run out of breathable air Wednesday evening.

In a previous statement to Insider, OceanGate said its "entire focus is on the wellbeing of the crew and every step possible is being taken to bring the five crew members back safely."